Senate Bill sb2640

    Florida Senate - 2006                                  SB 2640

    By Senator Klein





    30-1300A-06                                             See HB

  1                      A bill to be entitled

  2         An act relating to nursing home facilities

  3         professional liability insurance; amending s.

  4         400.141, F.S.; specifying criteria for

  5         determining premiums for general and

  6         professional liability insurance for nursing

  7         homes; providing an effective date.

  8  

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

10  

11         Section 1.  Subsection (20) of section 400.141, Florida

12  Statutes, is amended to read:

13         400.141  Administration and management of nursing home

14  facilities.--Every licensed facility shall comply with all

15  applicable standards and rules of the agency and shall:

16         (20)(a)  Maintain general and professional liability

17  insurance coverage that is in force at all times. In lieu of

18  general and professional liability insurance coverage, a

19  state-designated teaching nursing home and its affiliated

20  assisted living facilities created under s. 430.80 may

21  demonstrate proof of financial responsibility as provided in

22  s. 430.80(3)(h). Premiums for such coverage shall be subject

23  to s. 627.062 when purchased from admitted insurers as defined

24  under chapter 627 and shall be further defined by the

25  annualized historic risk levels for each licensed facility

26  computed for each fiscal year from notice of intent data filed

27  with the agency.

28         (b)  The computation of annualized historic risk levels

29  for each licensed facility for calendar year 2007 shall be

30  determined by using the notice of intent data filed with the

31  agency for calendar years 2006, 2005, 2004, and 2003, dividing

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2640
    30-1300A-06                                             See HB




 1  the number of notices of intent filed against the licensed

 2  facility during the 4-year period by the number of beds in the

 3  licensed facility, multiplying the result by 1,000, and

 4  dividing that result by the 4 years of data used in the

 5  computation. The annualized historic risk level for a facility

 6  shall be classified in one of the following groups:

 7         1.  Less than 2.00 per 1,000 beds.

 8         2.  From 2.00 to less than 5.00 per 1,000 beds.

 9         3.  From 5.00 to less than 10.00 per 1,000 beds.

10         4.  From 10.00 to less than 20.00 per 1,000 beds.

11         5.  At or more than 20.00 per 1,000 beds.

12         (c)1.  A determination of premiums to be paid shall be

13  established for a subsequent calendar year using the

14  annualized historic risk levels provided in paragraph (b).

15         2.  In each subsequent calendar year, the annualized

16  historic risk level for each licensed facility shall be

17  determined by adding the notices of intent filed against the

18  facility with the agency for the most recent calendar year to

19  the average for previous years and performing the computation

20  provided in paragraph (b).

21         3.  The premium charged each licensed facility falling

22  into a specific classification group shall be the premium

23  corresponding to the average of the annualized historic risk

24  level for the members of that group.

25         4.  Whenever the annualized historic risk level for a

26  licensed facility changes to a level within the range of

27  annualized historic risk levels for the licensed facilities in

28  the next lower classification group, that licensed facility

29  shall be assigned to such lower group and shall be charged the

30  same premium as that charged to all of the licensed facilities

31  in such lower group. Admitted insurers shall give

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2640
    30-1300A-06                                             See HB




 1  consideration to a licensed facility that remains in the same

 2  classification group from year to year or improves its

 3  classification group standing from one year to the next.

 4  

 5  Facilities that have been awarded a Gold Seal under the

 6  program established in s. 400.235 may develop a plan to

 7  provide certified nursing assistant training as prescribed by

 8  federal regulations and state rules and may apply to the

 9  agency for approval of their program.

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

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.