HB 7053

CS

CHAMBER ACTION

1	The Health & Families Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to nursing home consumer information;
7	amending s. 400.191, F.S.; authorizing the Agency for
8	Health Care Administration to provide electronic access to
9	nursing home inspection reports; requiring the agency to
10	publish the Nursing Home Guide in printed and electronic
11	format at certain times and specifying information to be
12	included therein; requiring the agency to provide certain
13	consumer information in the Nursing Home Guide; deleting
14	reference to an obsolete reporting system; requiring each
15	nursing home facility to submit certain information
16	electronically when electronic transmission to the agency
17	is available; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 400.191, Florida Statutes, is amended
22	to read:
23	400.191  Availability, distribution, and posting of reports
24	and records.--
25	(1)  The agency shall provide information to the public
26	about all of the licensed nursing home facilities operating in
27	the state. The agency shall, within 60 days after an annual
28	inspection visit or within 30 days after any interim visit to a
29	facility, send copies of the inspection reports to the local
30	long-term care ombudsman council, the agency's local office, and
31	a public library or the county seat for the county in which the
32	facility is located. The agency may provide electronic access to
33	inspection reports as a substitute for sending copies.
34	(2)  The agency shall publish the Nursing Home Guide
35	annually provide additional information in consumer-friendly
36	printed form and quarterly in electronic form formats to assist
37	consumers and their families in comparing and evaluating nursing
38	home facilities. The Nursing Home Guide shall prominently
39	display information about available alternatives to nursing
40	homes and how to obtain additional information regarding these
41	alternatives.
42	(a)  The agency shall provide an Internet site which shall
43	include at least the following information either directly or
44	indirectly through a link to another established site or sites
45	of the agency's choosing:
46	1.  A list by name and address of all nursing home
47	facilities in this state, including any prior name by which a
48	facility was known during the previous 24-month period.
49	2.  Whether such nursing home facilities are proprietary or
50	nonproprietary.
51	3.  The current owner of the facility's license and the
52	year that that entity became the owner of the license.
53	4.  The name of the owner or owners of each facility and
54	whether the facility is affiliated with a company or other
55	organization owning or managing more than one nursing facility
56	in this state.
57	5.  The total number of beds in each facility and the most
58	recently available occupancy levels.
59	6.  The number of private and semiprivate rooms in each
60	facility.
61	7.  The religious affiliation, if any, of each facility.
62	8.  The languages spoken by the administrator and staff of
63	each facility.
64	9.  Whether or not each facility accepts Medicare or
65	Medicaid recipients or insurance, health maintenance
66	organization, Veterans Administration, CHAMPUS program, or
67	workers' compensation coverage.
68	10.  Recreational and other programs available at each
69	facility.
70	11.  Special care units or programs offered at each
71	facility.
72	12.  Whether the facility is a part of a retirement
73	community that offers other services pursuant to part III, part
74	IV, or part V.
75	13.  Survey and deficiency information contained on the
76	Online Survey Certification and Reporting (OSCAR) system of the
77	federal Health Care Financing Administration, including all
78	federal and state recertification, licensure annual survey,
79	revisit, and complaint survey information, for each facility for
80	the past 30 45 months.  For noncertified nursing homes, state
81	survey and deficiency information, including licensure annual
82	survey, revisit, and complaint survey information for the past
83	30 45 months shall be provided.
84	14.  A summary of the deficiency Online Survey
85	Certification and Reporting (OSCAR) data for each facility over
86	the past 30 45 months. Such summary may include a score, rating,
87	or comparison ranking with respect to other facilities based on
88	the number of citations received by the facility on
89	recertification, licensure of annual, revisit, and complaint
90	surveys; the severity and scope of the citations; and the number
91	of annual recertification surveys the facility has had during
92	the past 30 45 months. The score, rating, or comparison ranking
93	may be presented in either numeric or symbolic form for the
94	intended consumer audience.
95	(b)  The agency shall provide the following information in
96	printed form:
97	1.  A list by name and address of all nursing home
98	facilities in this state.
99	2.  Whether such nursing home facilities are proprietary or
100	nonproprietary.
101	3.  The current owner or owners of the facility's license
102	and the year that entity became the owner of the license.
103	4.  The total number of beds, and of private and
104	semiprivate rooms, in each facility.
105	5.  The religious affiliation, if any, of each facility.
106	6.  The name of the owner of each facility and whether the
107	facility is affiliated with a company or other organization
108	owning or managing more than one nursing facility in this state.
109	7.  The languages spoken by the administrator and staff of
110	each facility.
111	8.  Whether or not each facility accepts Medicare or
112	Medicaid recipients or insurance, health maintenance
113	organization, Veterans Administration, CHAMPUS program, or
114	workers' compensation coverage.
115	9.  Recreational programs, special care units, and other
116	programs available at each facility.
117	10.  The Internet address for the site where more detailed
118	information can be seen.
119	11.  A statement advising consumers that each facility will
120	have its own policies and procedures related to protecting
121	resident property.
122	12.  A summary of the deficiency Online Survey
123	Certification and Reporting (OSCAR) data for each facility over
124	the past 30 45 months. Such summary may include a score, rating,
125	or comparison ranking with respect to other facilities based on
126	the number of citations received by the facility on
127	recertification, licensure annual, revisit, and complaint
128	surveys; the severity and scope of the citations; the number of
129	citations; and the number of annual recertification surveys the
130	facility has had during the past 30 45 months. The score,
131	rating, or comparison ranking may be presented in either numeric
132	or symbolic form for the intended consumer audience.
133	(c)  For purposes of this subsection, references to the
134	Online Survey Certification and Reporting (OSCAR) system shall
135	refer to any future system that the Health Care Financing
136	Administration develops to replace the current OSCAR system.
137	(c)(d)  The agency may provide the following additional
138	information on an Internet site or in printed form as the
139	information becomes available:
140	1.  The licensure status history of each facility.
141	2.  The rating history of each facility.
142	3.  The regulatory history of each facility, which may
143	include federal sanctions, state sanctions, federal fines, state
144	fines, and other actions.
145	4.  Whether the facility currently possesses the Gold Seal
146	designation awarded pursuant to s. 400.235.
147	5.  Internet links to the Internet sites of the facilities
148	or their affiliates.
149	(3)  Each nursing home facility licensee shall maintain as
150	public information, available upon request, records of all cost
151	and inspection reports pertaining to that facility that have
152	been filed with, or issued by, any governmental agency. Copies
153	of the such reports shall be retained in the such records for
154	not less than 5 years following from the date the reports are
155	filed or issued.
156	(a)  The agency shall quarterly publish in the Nursing Home
157	Guide a "Nursing Home Guide Watch List" to assist consumers in
158	evaluating the quality of nursing home care in Florida. The
159	watch list must identify each facility that met the criteria for
160	a conditional licensure status to be noticed as specified in
161	this section on any day within the quarter covered by the list
162	and each facility that is was operating under bankruptcy
163	protection on any day within the quarter. The watch list must
164	include, but is not limited to, the facility's name, address,
165	and ownership; the county in which the facility operates; the
166	license expiration date; the number of licensed beds; a
167	description of the deficiency causing the facility to be placed
168	on the list; any corrective action taken; and the cumulative
169	number of days and percentage of days times the facility had a
170	conditional license during the past 30 months has been on a
171	watch list. The watch list must include a brief description
172	regarding how to choose a nursing home, the categories of
173	licensure, the agency's inspection process, an explanation of
174	terms used in the watch list, and the addresses and phone
175	numbers of the agency's managed care and health quality
176	assurance field area offices.
177	(b)  Upon publication of each Nursing Home Guide quarterly
178	watch list, the agency must post transmit a copy on its Internet
179	website by the 15th calendar day of the second month following
180	the end of the calendar quarter. Each nursing home licensee must
181	retrieve the most recent version of the Nursing Home Guide from
182	of the watch list to each nursing home facility by mail and must
183	make the watch list available on the agency's Internet website.
184	(4)  Any records of a nursing home facility determined by
185	the agency to be necessary and essential to establish lawful
186	compliance with any rules or standards shall be made available
187	to the agency on the premises of the facility and submitted to
188	the agency. Each facility must submit this information
189	electronically when electronic transmission to the agency is
190	available.
191	(5)  Every nursing home facility licensee shall:
192	(a)  Post, in a sufficient number of prominent positions in
193	the nursing home so as to be accessible to all residents and to
194	the general public:
195	1.  A concise summary of the last inspection report
196	pertaining to the nursing home and issued by the agency, with
197	references to the page numbers of the full reports, noting any
198	deficiencies found by the agency and the actions taken by the
199	licensee to rectify the such deficiencies and indicating in the
200	such summaries where the full reports may be inspected in the
201	nursing home.
202	2.  A copy of all pages listing the facility from the most
203	recent version of the Florida Nursing Home Guide Watch List.
204	(b)  Upon request, provide to any person who has completed
205	a written application with an intent to be admitted to, or to
206	any resident of, such nursing home, or to any relative, spouse,
207	or guardian of such person, a copy of the last inspection report
208	pertaining to the nursing home and issued by the agency,
209	provided the person requesting the report agrees to pay a
210	reasonable charge to cover copying costs.
211	(6)  The agency may adopt rules as necessary to administer
212	this section.
213	Section 2.  This act shall take effect October 1, 2006.

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