Senate Bill sb7020pb

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7020

    FOR CONSIDERATION By the Committee on Health Care





    587-586-06

  1                      A bill to be entitled

  2         An act relating to certificates of need;

  3         transferring, renumbering, and amending s.

  4         651.1185, F.S.; extending the moratorium on

  5         certificates of need for additional community

  6         nursing home beds until July 1, 2011; providing

  7         an exception to the moratorium; providing an

  8         effective date.

  9  

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

11  

12         Section 1.  Section 651.1185, Florida Statutes, is

13  transferred, renumbered as section 408.0435, Florida Statutes,

14  and amended to read:

15         408.0435 651.1185  Moratorium on nursing home

16  certificates of need.--

17         (1)  Notwithstanding the establishment of need as

18  provided for in this chapter 408, a no certificate of need for

19  additional community nursing home beds may not shall be

20  approved by the agency until July 1, 2011 2006.

21         (2)  The Legislature finds that the continued growth in

22  the Medicaid budget for nursing home care has constrained the

23  ability of the state to meet the needs of its elderly

24  residents through the use of less restrictive and less

25  institutional methods of long-term care. It is therefore the

26  intent of the Legislature to limit the increase in Medicaid

27  nursing home expenditures in order to provide funds to invest

28  in long-term care that is community-based and provides

29  supportive services in a manner that is both more

30  cost-effective and more in keeping with the wishes of the

31  elderly residents of this state.

                                  1

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7020
    587-586-06




 1         (3)  This moratorium on certificates of need shall not

 2  apply to sheltered nursing home beds in a continuing care

 3  retirement community certified by the former Department of

 4  Insurance or by the Office of Insurance Regulation pursuant to

 5  chapter 651.

 6         (4)(a)  The moratorium on certificates of need does not

 7  apply and a certificate of need for additional community

 8  nursing home beds may be approved for a county that meets the

 9  following circumstances:

10         1.  The county has no community nursing home beds; and

11         2.  The lack of community nursing home beds occurs

12  because all nursing home beds in the county that were licensed

13  on July 1, 2001, have subsequently closed.

14         (b)  The certificate-of-need review for such

15  circumstances shall be subject to the comparative review

16  process consistent with the provisions of s. 408.039, and the

17  number of beds may not exceed the number of beds lost by the

18  county after July 1, 2001.

19  

20  This subsection shall be repealed upon the expiration of the

21  moratorium established in subsection (1).

22         (5)  The moratorium on certificates of need does not

23  apply for the addition of nursing home beds licensed under

24  chapter 400 to a nursing home located in a county having up to

25  50,000 residents, in a number not exceeding 10 total beds or

26  10 percent of the number of beds licensed in the facility

27  being expanded, whichever is greater. In addition to any other

28  documentation required by the agency, a request submitted

29  under this subsection must:

30  

31  

                                  2

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7020
    587-586-06




 1         (a)  Certify that the facility has not had any class I

 2  or class II deficiencies within the 30 months preceding the

 3  request for addition.

 4         (b)  Certify that the prior 12-month average occupancy

 5  rate for the nursing home beds at the facility meets or

 6  exceeds 94 percent and the facility had not had any class I or

 7  class II deficiencies since its initial licensure.

 8         (c)  For a facility that has been licensed for less

 9  than 24 months, certify that the prior 6-month average

10  occupancy rate for the nursing home beds at the facility meets

11  or exceeds 94 percent and that the facility has not had any

12  class I or class II deficiencies since its initial licensure.

13  

14  This subsection shall be repealed upon the expiration of the

15  moratorium established in subsection (1).

16         (6)  The moratorium on certificates of need does not

17  apply for the addition of nursing home beds licensed under

18  chapter 400 in a number not exceeding 10 total beds or 10

19  percent of the number of beds licensed in the facility being

20  expanded, whichever is greater, if the facility meets the

21  requirements of paragraph (a).

22         (a)  In addition to any other documentation required by

23  the agency, a request for the addition of beds under this

24  subsection must certify that:

25         1.  The facility has not had any class I or class II

26  deficiencies within the 30 months preceding the request for

27  addition;

28         2.  The prior 12-month average occupancy rate for the

29  nursing home beds at the facility meets or exceeds 96 percent;

30         3.  The occupancy rate for nursing home beds in the

31  subdistrict is 94 percent or greater; and

                                  3

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






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7020
    587-586-06




 1         4.  Any beds authorized for the facility under this

 2  subsection before the date of the current request for

 3  additional beds have been licensed and operational for at

 4  least 12 months.

 5         (b)  The timeframes and monitoring process specified in

 6  s. 408.040(2)(a)-(c) apply to any exemption issued under this

 7  subsection.

 8         (c)  The agency shall count beds authorized under this

 9  subsection as approved beds in the published inventory of

10  nursing home beds until the beds are licensed.

11  

12  This subsection shall be repealed upon the expiration of the

13  moratorium established in subsection (1).

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

15  law.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Extends the moratorium on certificates of need for
      additional community nursing home beds from July 1, 2006,
20    until July 1, 2011. Specifies circumstances under which
      the Agency for Health Care Administration may grant an
21    exemption from the moratorium.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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