Senate Bill sb0298c1

    Florida Senate - 2006                            CS for SB 298

    By the Committee on Domestic Security; and Senators Margolis,
    Campbell, Bullard and Miller




    583-1881-06

  1                      A bill to be entitled

  2         An act relating to nursing home facilities;

  3         creating s. 400.0627, F.S.; providing

  4         legislative intent; requiring the Agency for

  5         Health Care Administration to commence a pilot

  6         program to increase the emergency electrical

  7         power capacity of nursing home facilities by

  8         reimbursing such facilities for the costs of

  9         installing a permanent connection for a

10         generator and of a contract for the acquisition

11         of a generator when needed; providing

12         eligibility criteria for reimbursement;

13         authorizing the agency to adopt rules;

14         providing an effective date.

15  

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

17  

18         Section 1.  Section 400.0627, Florida Statutes, is

19  created to read:

20         400.0627  Emergency electric power system capacity.--

21         (1)  It is the intent of the Legislature that each

22  nursing home facility in this state be encouraged to have an

23  emergency electrical power system capacity that is sufficient

24  to remain fully operational during and after an emergency in

25  order to maintain the safety and health of the residents of

26  the nursing home facility and, if necessary, to provide care

27  to residents evacuated from other nursing home facilities.

28         (2)  By July 1, 2006, the Agency for Health Care

29  Administration shall commence implementation of a 2-year pilot

30  program to provide the capability for increasing the capacity

31  of emergency electrical power systems of nursing home

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    Florida Senate - 2006                            CS for SB 298
    583-1881-06




 1  facilities. To participate in the pilot program a nursing home

 2  facility must:

 3         (a)  Be located in Broward County, Collier County, Dade

 4  County, Monroe County, or Palm Beach County;

 5         (b)  Not be located within a hurricane-evacuation zone;

 6         (c)  Not have been cited for a class I deficiency

 7  within the 30 months preceding the commencement date of

 8  implementation of the pilot program;

 9         (d)  Be capable of accepting and agree to accept at

10  least 30 residents who are transferred from other nursing home

11  facilities pursuant to applicable life safety and firesafety

12  laws as determined by the agency. During any such evacuation,

13  the facility from which the residents are transferred shall

14  provide the receiving facility with the staff required to care

15  for the transferred residents; and

16         (e)  Have a contract with a company that is able to

17  supply an electrical generator when needed.

18         (3)(a)  A nursing home facility must notify the Agency

19  for Health Care Administration if it seeks to participate in

20  the pilot program. If a facility providing such a notice meets

21  the criteria in subsection (2) and funds are available as

22  specified in paragraph (b), the agency shall reimburse the

23  facility for the cost of the contract described in paragraph

24  (2)(e) and for the costs incurred to install a permanent,

25  predesigned electrical service entry that will allow a quick

26  connection to a temporary electrical generator. The connection

27  must be installed inside a permanent metal enclosure that is

28  rated as suitable for the purpose of providing such an entry,

29  may be located on the exterior of the building, and must be

30  adequate to allow the operation of the facility under normal

31  conditions. Before any such reimbursement, the facility must

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    Florida Senate - 2006                            CS for SB 298
    583-1881-06




 1  provide the agency with documentation that the installation is

 2  complete and the electrical work associated with the

 3  installation was performed by a certified electrical

 4  contractor.

 5         (b)  Reimbursement to a facility under paragraph (a) is

 6  available to the extent that funds are appropriated for each

 7  of the 2 years of the pilot program. Funds shall be provided

 8  to eligible facilities on a first-come, first-served basis.

 9         (4)  A nursing home facility that participates and is

10  reimbursed for an installation under the pilot program shall

11  ensure the proper safekeeping and maintenance of the

12  installation and allow the Agency for Health Care

13  Administration access as needed to inspect the installation.

14         (5)  This section does not require a nursing home

15  facility to participate in the pilot program or to modify the

16  capacity of its existing emergency electrical power system.

17  However, if the existing emergency electrical power system of

18  a nursing home facility is modified as part of an installation

19  for which reimbursement is provided under subsection (3), such

20  system must comply with all current codes and standards.

21         (6)  The Agency for Health Care Administration may

22  adopt rules to administer this section.

23         Section 2.  This act shall take effect upon becoming a

24  law.

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    Florida Senate - 2006                            CS for SB 298
    583-1881-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 0298

 3                                 

 4  This committee substitute provides for a 2-year pilot program
    to reimburse certain nursing home facilities for the costs of
 5  installing a quick connect electrical service entry that
    allows a temporary generator connection. The bill also allows
 6  for the reimbursement of the cost of a generator services
    contract.  Such reimbursement is subject to the availability
 7  of funds appropriated for each of the 2 years of the pilot
    program.
 8  
    The bill specifies five criteria that a nursing home must meet
 9  to be eligible for reimbursement of the costs of the emergency
    power system upgrade. The facility must:
10  
         Be located in Broward, Collier, Dade, Monroe, or Palm
11       Beach county

12       Not have been cited for a class I deficiency as defined
         in s. 400.23(8)(a), F.S., Within the last 30 months
13       preceding the application for reimbursement

14       Not be in the hurricane evacuation zone in its county

15       Be capable of and agree to accept at least 30 residents
         from other nursing home facilities during an evacuation
16  
         Have a contract with a company that is able to supply a
17       generator when needed

18  The bill requires that a facility participating in the pilot
    program shall provide proper safekeeping and maintenance of
19  the installation.

20  The bill does not require a nursing home facility to
    participate or modify its existing emergency electrical power
21  system.  However, if a participating facility modifies its
    existing emergency electrical power system as part of the
22  installation, such system must comply with current codes and
    standards.
23  
    This committee substitute provides that the Agency for Health
24  Care Administration may adopt rules to administer the program.

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