Senate Bill sb1926

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    Florida Senate - 2006                                  SB 1926

    By Senator Peaden





    2-1555-06

  1                      A bill to be entitled

  2         An act relating to personal care services;

  3         amending s. 400.509, F.S.; exempting

  4         organizations that provide certain personal

  5         care services from licensure; requiring

  6         organizations that provide personal care

  7         services to register with the Agency for Health

  8         Care Administration and to maintain liability

  9         insurance coverage; providing an effective

10         date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Section 400.509, Florida Statutes, is

15  amended to read:

16         400.509  Registration of particular service providers

17  exempt from licensure; certificate of registration; regulation

18  of registrants; liability insurance.--

19         (1)(a)  Any organization that provides companion

20  services or homemaker services and does not provide a home

21  health service to a person is exempt from licensure under this

22  part. However, any organization that provides companion

23  services or homemaker services must register with the agency.

24         (b)  Any organization that provides personal care to a

25  person through employed certified nursing assistants under

26  part II of chapter 464 or through employees who are trained

27  and qualified in providing personal care as determined by the

28  agency under s. 400.497(1) and does not provide personal care

29  other than assisting a patient with bathing, dressing,

30  toileting, grooming, eating, physical transfer, and those

31  normal daily routines that the patient could perform for

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    Florida Senate - 2006                                  SB 1926
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 1  himself or herself if he or she were physically capable is

 2  exempt from licensure under this part. However, any

 3  organization that provides personal care services must

 4  register with the agency.

 5         (2)  Registration consists of annually filing with the

 6  agency, under oath, on forms provided by it, the following

 7  information:

 8         (a)  If the registrant is a firm or partnership, the

 9  name, address, date of birth, and social security number of

10  every member.

11         (b)  If the registrant is a corporation or association,

12  its name and address; the name, address, date of birth, and

13  social security number of each of its directors and officers;

14  and the name and address of each person having at least a 5

15  percent interest in the corporation or association.

16         (c)  The name, address, date of birth, and social

17  security number of each person employed by or under contract

18  with the organization.

19         (3)  The agency shall charge a registration fee of $25

20  to be submitted with the information required under subsection

21  (2).

22         (4)  Each applicant for registration must comply with

23  the following requirements:

24         (a)  Upon receipt of a completed, signed, and dated

25  application, the agency shall require background screening, in

26  accordance with the level 1 standards for screening set forth

27  in chapter 435, of every individual who will have contact with

28  the client. The agency shall require background screening of

29  the managing employee or other similarly titled individual who

30  is responsible for the operation of the entity, and of the

31  financial officer or other similarly titled individual who is

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    Florida Senate - 2006                                  SB 1926
    2-1555-06




 1  responsible for the financial operation of the entity,

 2  including billings for client services in accordance with the

 3  level 2 standards for background screening as set forth in

 4  chapter 435.

 5         (b)  The agency may require background screening of any

 6  other individual who is affiliated with the applicant if the

 7  agency has a reasonable basis for believing that he or she has

 8  been convicted of a crime or has committed any other offense

 9  prohibited under the level 2 standards for screening set forth

10  in chapter 435.

11         (c)  Proof of compliance with the level 2 background

12  screening requirements of chapter 435 which has been submitted

13  within the previous 5 years in compliance with any other

14  health care or assisted living licensure requirements of this

15  state is acceptable in fulfillment of paragraph (a).

16         (d)  A provisional registration may be granted to an

17  applicant when each individual required by this section to

18  undergo background screening has met the standards for the

19  abuse-registry background check through the agency and the

20  Department of Law Enforcement background check, but the agency

21  has not yet received background screening results from the

22  Federal Bureau of Investigation.  A standard registration may

23  be granted to the applicant upon the agency's receipt of a

24  report of the results of the Federal Bureau of Investigation

25  background screening for each individual required by this

26  section to undergo background screening which confirms that

27  all standards have been met, or upon the granting of a

28  disqualification exemption by the agency as set forth in

29  chapter 435.  Any other person who is required to undergo

30  level 2 background screening may serve in his or her capacity

31  pending the agency's receipt of the report from the Federal

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    Florida Senate - 2006                                  SB 1926
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 1  Bureau of Investigation. However, the person may not continue

 2  to serve if the report indicates any violation of background

 3  screening standards and if a disqualification exemption has

 4  not been requested of and granted by the agency as set forth

 5  in chapter 435.

 6         (e)  Each applicant must submit to the agency, with its

 7  application, a description and explanation of any exclusions,

 8  permanent suspensions, or terminations of the applicant from

 9  the Medicare or Medicaid programs.  Proof of compliance with

10  the requirements for disclosure of ownership and control

11  interests under the Medicaid or Medicare programs may be

12  accepted in lieu of this submission.

13         (f)  Each applicant must submit to the agency a

14  description and explanation of any conviction of an offense

15  prohibited under the level 2 standards of chapter 435 which

16  was committed by a member of the board of directors of the

17  applicant, its officers, or any individual owning 5 percent or

18  more of the applicant.  This requirement does not apply to a

19  director of a not-for-profit corporation or organization who

20  serves solely in a voluntary capacity for the corporation or

21  organization, does not regularly take part in the day-to-day

22  operational decisions of the corporation or organization,

23  receives no remuneration for his or her services on the

24  corporation's or organization's board of directors, and has no

25  financial interest and no family members having a financial

26  interest in the corporation or organization, if the director

27  and the not-for-profit corporation or organization include in

28  the application a statement affirming that the director's

29  relationship to the corporation satisfies the requirements of

30  this paragraph.

31  

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 1         (g)  A registration may not be granted to an applicant

 2  if the applicant or managing employee has been found guilty

 3  of, regardless of adjudication, or has entered a plea of nolo

 4  contendere or guilty to, any offense prohibited under the

 5  level 2 standards for screening set forth in chapter 435,

 6  unless an exemption from disqualification has been granted by

 7  the agency as set forth in chapter 435.

 8         (h)  The agency may deny or revoke the registration of

 9  any applicant who:

10         1.  Has falsely represented a material fact in the

11  application required by paragraph (e) or paragraph (f), or has

12  omitted any material fact from the application required by

13  paragraph (e) or paragraph (f); or

14         2.  Has had prior action taken against the applicant

15  under the Medicaid or Medicare program as set forth in

16  paragraph (e).

17         (i)  An application for licensure renewal must contain

18  the information required under paragraphs (e) and (f).

19         (5)  Each registrant must obtain the employment or

20  contract history of persons who are employed by or under

21  contract with the organization and who will have contact at

22  any time with patients or clients in their homes by:

23         (a)  Requiring such persons to submit an employment or

24  contractual history to the registrant; and

25         (b)  Verifying the employment or contractual history,

26  unless through diligent efforts such verification is not

27  possible.  The agency shall prescribe by rule the minimum

28  requirements for establishing that diligent efforts have been

29  made.

30  

31  

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 1  There is no monetary liability on the part of, and no cause of

 2  action for damages arises against, a former employer of a

 3  prospective employee of or prospective independent contractor

 4  with a registrant who reasonably and in good faith

 5  communicates his or her honest opinions about the former

 6  employee's or contractor's job performance.  This subsection

 7  does not affect the official immunity of an officer or

 8  employee of a public corporation.

 9         (6)  On or before the first day on which services are

10  provided to a patient or client, any registrant under this

11  part must inform the patient or client and his or her

12  immediate family, if appropriate, of the right to report

13  abusive, neglectful, or exploitative practices.  The statewide

14  toll-free telephone number for the central abuse hotline must

15  be provided to patients or clients in a manner that is clearly

16  legible and must include the words: "To report abuse, neglect,

17  or exploitation, please call toll-free (phone number)."

18  Registrants must establish appropriate policies and procedures

19  for providing such notice to patients or clients.

20         (7)  The provisions of s. 400.512 regarding screening

21  apply to any person or business entity registered under this

22  section on or after October 1, 1994.

23         (8)  Each applicant for registration under paragraph

24  (1)(b) must obtain and maintain liability insurance coverage

25  as defined in s. 624.605(1) in an amount of not less than

26  $250,000 per claim and must submit proof of such liability

27  insurance coverage with its annual application for

28  registration.

29         (9)(8)  Upon verification that all requirements for

30  registration have been met, the Agency for Health Care

31  

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    Florida Senate - 2006                                  SB 1926
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 1  Administration shall issue a certificate of registration valid

 2  for no more than 1 year.

 3         (10(9)  The Agency for Health Care Administration may

 4  deny, suspend, or revoke the registration of a person that:

 5         (a)  Fails to comply with this section or applicable

 6  rules.

 7         (b)  Commits an intentional, reckless, or negligent act

 8  that materially affects the health or safety of a person

 9  receiving services.

10         (11)(10)  The Agency for Health Care Administration may

11  institute injunctive proceedings under s. 400.515.

12         (12)(11)  A person that offers or advertises to the

13  public a service for which registration is required must

14  include in its advertisement the registration number issued by

15  the Agency for Health Care Administration.

16         (13)(12)  It is unlawful for a person to offer or

17  advertise to the public services, as defined by rule, without

18  obtaining a certificate of registration from the Agency for

19  Health Care Administration.  It is unlawful for any holder of

20  a certificate of registration to advertise or hold out to the

21  public that he or she holds a certificate of registration for

22  other than that for which he or she actually holds a

23  certificate of registration.  Any person who violates this

24  subsection is subject to injunctive proceedings under s.

25  400.515.

26         (14)(13)  Any duly authorized officer or employee of

27  the Agency for Health Care Administration has the right to

28  make such inspections and investigations as are necessary in

29  order to respond to complaints or to determine the state of

30  compliance with this section and applicable rules.

31  

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 1         (a)  If, in responding to a complaint, an officer or

 2  employee of the Agency for Health Care Administration has

 3  reason to believe that a crime has been committed, he or she

 4  shall notify the appropriate law enforcement agency.

 5         (b)  If, in responding to a complaint, an officer or

 6  employee of the Agency for Health Care Administration has

 7  reason to believe that abuse, neglect, or exploitation has

 8  occurred, according to the definitions in chapter 415, he or

 9  she shall file a report under chapter 415.

10         (15)(14)  In addition to any other penalties imposed

11  pursuant to this section or part, the agency may assess costs

12  related to an investigation that results in a successful

13  prosecution, excluding costs associated with an attorney's

14  time. If the agency imposes such an assessment and the

15  assessment is not paid, and if challenged is not the subject

16  of a pending appeal, prior to the renewal of the registration,

17  the registration may shall not be issued until the assessment

18  is paid or arrangements for payment of the assessment are

19  made.

20         (16)(15)  The Agency for Health Care Administration

21  shall adopt rules to administer this section.

22         Section 2.  This act shall take effect July 1, 2006.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Exempts from licensure organizations that provide certain
      personal care services. Requires organizations that
27    provide personal care services to register with the
      Agency for Health Care Administration and to maintain
28    liability insurance coverage.

29  

30  

31  

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