| 1 | A bill to be entitled | 
| 2 | An act relating to emergency management; amending s. | 
| 3 | 252.355, F.S.; specifying additional agencies that are | 
| 4 | required to provide registration information to special | 
| 5 | needs clients and persons with disabilities or special | 
| 6 | needs who receive services from such agencies for purposes | 
| 7 | of inclusion within the registry of persons with special | 
| 8 | needs maintained by local emergency management agencies; | 
| 9 | providing that the Department of Community Affairs shall | 
| 10 | be the designated lead agency responsible for community | 
| 11 | education and outreach to the general public, including | 
| 12 | special needs clients, regarding registration as a person | 
| 13 | with special needs, special needs shelters, and general | 
| 14 | information regarding shelter stays; requiring the | 
| 15 | department to disseminate educational and outreach | 
| 16 | information through local emergency management offices; | 
| 17 | requiring the department to coordinate community education | 
| 18 | and outreach related to special needs shelters with | 
| 19 | specified agencies and entities; providing that specified | 
| 20 | confidential and exempt information relating to | 
| 21 | registration of persons with special needs be provided to | 
| 22 | the Department of Health; amending s. 381.0303, F.S.; | 
| 23 | providing for the operation, maintenance, and closure of | 
| 24 | special needs shelters; removing a condition of specified | 
| 25 | funding as a prerequisite to the assumption of lead | 
| 26 | responsibility by the Department of Health for specified | 
| 27 | coordination with respect to the development of a plan for | 
| 28 | the staffing and medical management of special needs | 
| 29 | shelters; providing that the local Children's Medical | 
| 30 | Services offices shall assume lead responsibility for | 
| 31 | specified coordination with respect to the development of | 
| 32 | a plan for the staffing and medical management of | 
| 33 | pediatric special needs shelters; requiring such plans to | 
| 34 | conform to the local comprehensive emergency management | 
| 35 | plan; requiring county governments to assist in the | 
| 36 | process of coordinating the recruitment of health care | 
| 37 | practitioners to staff local special needs shelters; | 
| 38 | providing that the appropriate county health department, | 
| 39 | Children's Medical Services office, and local emergency | 
| 40 | management agency shall jointly determine the | 
| 41 | responsibility for medical supervision in a special needs | 
| 42 | shelter; providing that state employees with a | 
| 43 | preestablished role in disaster response may be called | 
| 44 | upon to serve in times of disaster in specified | 
| 45 | capacities; requiring the Secretary of Elderly Affairs to | 
| 46 | convene a multiagency emergency special needs shelter | 
| 47 | response team or teams to assist local areas that are | 
| 48 | severely impacted by a natural or manmade disaster that | 
| 49 | required the use of special needs shelters; providing | 
| 50 | duties and responsibilities of multiagency response teams; | 
| 51 | authorizing local emergency management agencies to request | 
| 52 | the assistance of a multiagency response team; providing | 
| 53 | for the inclusion of specified state agency | 
| 54 | representatives on each multiagency response team; | 
| 55 | authorizing hospitals and nursing homes that are used to | 
| 56 | shelter special needs persons during or after an | 
| 57 | evacuation to submit invoices for reimbursement to the | 
| 58 | Department of Health; requiring the department to specify | 
| 59 | by rule expenses that are reimbursable and the rate of | 
| 60 | reimbursement for services; prescribing means of and | 
| 61 | procedures for reimbursement; providing eligibility for | 
| 62 | reimbursement of health care facilities to whom special | 
| 63 | needs shelter clients have been discharged by a | 
| 64 | multiagency response team upon closure of a special needs | 
| 65 | shelter; providing requirements with respect to such | 
| 66 | reimbursement; prescribing means of and procedures for | 
| 67 | reimbursement; disallowing specified reimbursements; | 
| 68 | revising the role of the special needs shelter interagency | 
| 69 | committee with respect to the planning and operation of | 
| 70 | special needs shelters; providing required functions of | 
| 71 | the committee; providing that the committee shall | 
| 72 | recommend guidelines to establish a statewide database to | 
| 73 | collect and disseminate special needs registration | 
| 74 | information; revising the composition of the special needs | 
| 75 | shelter interagency committee; requiring the inclusion of | 
| 76 | specified rules with respect to special needs shelters and | 
| 77 | specified minimum standards therefor; providing | 
| 78 | requirements with respect to emergency management plans | 
| 79 | submitted by a home health agency, nurse registry, or | 
| 80 | hospice to a county health department for review; removing | 
| 81 | a condition of specified funding as a prerequisite to the | 
| 82 | submission of such plans; amending s. 252.385, F.S.; | 
| 83 | requiring the Division of Emergency Management of the | 
| 84 | Department of Community Affairs to prepare and submit a | 
| 85 | statewide emergency shelter plan to the Governor and the | 
| 86 | Cabinet for approval; providing plan requirements; | 
| 87 | requiring the Department of Health to assist the division | 
| 88 | in determining the estimated need for special needs | 
| 89 | shelter space; requiring inspection of public hurricane | 
| 90 | evacuation shelter facilities by local emergency | 
| 91 | management agencies prior to activation of such | 
| 92 | facilities; amending s. 400.492, F.S.; providing that | 
| 93 | nurse registries, hospices, and durable medical equipment | 
| 94 | providers shall prepare and maintain a comprehensive | 
| 95 | emergency management plan; providing that home health, | 
| 96 | hospice, and durable medical equipment provider agencies | 
| 97 | shall not be required to continue to provide care to | 
| 98 | patients in emergency situations that are beyond their | 
| 99 | control and that make it impossible to provide services; | 
| 100 | authorizing home health agencies, nurse registries, | 
| 101 | hospices, and durable medical equipment providers to | 
| 102 | establish links to local emergency operations centers to | 
| 103 | determine a mechanism to approach areas within a disaster | 
| 104 | area in order for the agency to reach its clients; | 
| 105 | providing that the presentation of home care or hospice | 
| 106 | clients to the special needs shelter without the home | 
| 107 | health agency or hospice making a good faith effort to | 
| 108 | provide services in the shelter setting constitutes | 
| 109 | abandonment of the client; requiring regulatory review in | 
| 110 | such cases; amending s. 408.831, F.S.; providing that | 
| 111 | entities regulated or licensed by the Agency for Health | 
| 112 | Care Administration may exceed their licensed capacity to | 
| 113 | act as a receiving facility under specified circumstances; | 
| 114 | providing requirements while such entities are in an | 
| 115 | overcapacity status; providing for issuance of an inactive | 
| 116 | license to such licensees under specified conditions; | 
| 117 | providing requirements and procedures with respect to the | 
| 118 | issuance and reactivation of an inactive license; | 
| 119 | providing fees; creating s. 252.357, F.S., requiring the | 
| 120 | Florida Comprehensive Emergency Management Plan to permit | 
| 121 | the Agency for Health Care Administration to initially | 
| 122 | contact nursing homes in disaster areas for specified | 
| 123 | monitoring purposes; requiring the agency to publish an | 
| 124 | emergency telephone number for use by nursing homes; | 
| 125 | providing an effective date. | 
| 126 | 
 | 
| 127 | Be It Enacted by the Legislature of the State of Florida: | 
| 128 | 
 | 
| 129 | Section 1.  Section 252.355, Florida Statutes, is amended | 
| 130 | to read: | 
| 131 | 252.355  Registry of persons with special needs; notice.-- | 
| 132 | (1)  In order to meet the special needs of clients persons | 
| 133 | who would need assistance during evacuations and sheltering | 
| 134 | because of physical, mental, cognitive impairment, or sensory | 
| 135 | disabilities, each local emergency management agency in the | 
| 136 | state shall maintain a registry of persons with special needs | 
| 137 | located within the jurisdiction of the local agency. The | 
| 138 | registration shall identify those persons in need of assistance | 
| 139 | and plan for resource allocation to meet those identified needs. | 
| 140 | To assist the local emergency management agency in identifying | 
| 141 | such persons, the Department of Children and Family Services, | 
| 142 | Department of Health, Agency for Health Care Administration, | 
| 143 | Department of Education, Agency for Persons with Disabilities, | 
| 144 | Department of Labor and Employment Security,and Department of | 
| 145 | Elderly Affairs shall provide registration information to all of | 
| 146 | their special needs clients and to all people with disabilities | 
| 147 | or special needs who receive services incoming clients as a part | 
| 148 | of the intake process. The registry shall be updated annually. | 
| 149 | The registration program shall give persons with special needs | 
| 150 | the option of preauthorizing emergency response personnel to | 
| 151 | enter their homes during search and rescue operations if | 
| 152 | necessary to assure their safety and welfare following | 
| 153 | disasters. | 
| 154 | (2)  The Department of Community Affairs shall be the | 
| 155 | designated lead agency responsible for community education and | 
| 156 | outreach to the general public, including special needs clients, | 
| 157 | regarding registration and special needs shelters and general | 
| 158 | information regarding shelter stays. The Department of Community | 
| 159 | Affairs shall disseminate such educational and outreach | 
| 160 | information through the local emergency management offices. The | 
| 161 | department shall coordinate the development of curriculum and | 
| 162 | dissemination of all community education and outreach related to | 
| 163 | special needs shelters with the Clearinghouse on Disability | 
| 164 | Information of the Governor's Working Group on the Americans | 
| 165 | with Disabilities Act, the Department of Children and Family | 
| 166 | Services, the Department of Health, the Agency for Health Care | 
| 167 | Administration, the Department of Education, the Agency for | 
| 168 | Persons with Disabilities, and the Department of Elderly | 
| 169 | Affairs. | 
| 170 | (3) (2)On or before May 1 of each year each electric | 
| 171 | utility in the state shall annually notify residential customers | 
| 172 | in its service area of the availability of the registration | 
| 173 | program available through their local emergency management | 
| 174 | agency. | 
| 175 | (4) (3)All records, data, information, correspondence, and | 
| 176 | communications relating to the registration of persons with | 
| 177 | special needs as provided in subsection (1) are confidential and | 
| 178 | exempt from the provisions of s. 119.07(1), except that such | 
| 179 | information shall be available to other emergency response | 
| 180 | agencies, as determined by the local emergency management | 
| 181 | director, and shall be provided to the Department of Health in | 
| 182 | the furtherance of their duties and responsibilities. | 
| 183 | (5) (4)All appropriate agencies and community-based | 
| 184 | service providers, including home health care providers ,and | 
| 185 | hospices shall assist emergency management agencies by | 
| 186 | collecting registration information for persons with special | 
| 187 | needs as part of program intake processes, establishing programs | 
| 188 | to increase the awareness of the registration process, and | 
| 189 | educating clients about the procedures that may be necessary for | 
| 190 | their safety during disasters. Clients of state or federally | 
| 191 | funded service programs with physical, mental, cognitive | 
| 192 | impairment, or sensory disabilities who need assistance in | 
| 193 | evacuating, or when in shelters, must register as persons with | 
| 194 | special needs. | 
| 195 | Section 2.  Section 381.0303, Florida Statutes, is amended | 
| 196 | to read: | 
| 197 | 381.0303 Health practitioner recruitment forSpecial needs | 
| 198 | shelters.-- | 
| 199 | (1)  PURPOSE.--The purpose of this section is to provide | 
| 200 | for the operation, maintenance, and closure of special needs | 
| 201 | shelters and to designate the Department of Health, through its | 
| 202 | county health departments, as the lead agency for coordination | 
| 203 | of the recruitment of health care practitioners, as defined in | 
| 204 | s. 456.001(4), to staff special needs shelters in times of | 
| 205 | emergency or disaster and to provide resources to the department | 
| 206 | to carry out this responsibility. However, nothing in this | 
| 207 | section prohibits a county health department from entering into | 
| 208 | an agreement with a local emergency management agency to assume | 
| 209 | the lead responsibility for recruiting health care | 
| 210 | practitioners. | 
| 211 | (2)  SPECIAL NEEDS SHELTER PLAN; STAFFING; CLOSURE; STATE | 
| 212 | AGENCY ASSISTANCE AND STAFFING.--Provided funds have been | 
| 213 | appropriated to support medical services disaster coordinator | 
| 214 | positions in county health departments, | 
| 215 | (a)  The department shall assume lead responsibility for | 
| 216 | the localcoordination of local medical and health care | 
| 217 | providers, the American Red Cross, and other interested parties | 
| 218 | in developing a plan for the staffing and medical management of | 
| 219 | special needs shelters. The local Children's Medical Services | 
| 220 | offices shall assume lead responsibility for the local | 
| 221 | coordination of local medical and health care providers, the | 
| 222 | American Red Cross, and other interested parties in developing a | 
| 223 | plan for the staffing and medical management of pediatric | 
| 224 | special needs shelters. Plans shall conform to The plan shall be | 
| 225 | in conformance withthe local comprehensive emergency management | 
| 226 | plan. | 
| 227 | (b) (a)County health departments shall, in conjunction | 
| 228 | with the local emergency management agencies, have the lead | 
| 229 | responsibility for coordination of the recruitment of health | 
| 230 | care practitioners to staff local special needs shelters. County | 
| 231 | health departments shall assign their employees to work in | 
| 232 | special needs shelters when those employees are needed to | 
| 233 | protect the health and safety of special needs clients of | 
| 234 | patients. County governments shall assist in this process. | 
| 235 | (c) (b)The appropriate county health department, | 
| 236 | Children's Medical Services office, and local emergency | 
| 237 | management agency shall jointly decide determinewho has | 
| 238 | responsibility for medical supervision in each aspecial needs | 
| 239 | shelter and shall notify the department of their decision. | 
| 240 | (d) (c)Local emergency management agencies shall be | 
| 241 | responsible for the designation and operation of special needs | 
| 242 | shelters during times of emergency or disaster and the closure | 
| 243 | of the facilities following an emergency or disaster. County | 
| 244 | health departments shall assist the local emergency management | 
| 245 | agency with regard to the management of medical services in | 
| 246 | special needs shelters. | 
| 247 | (e)  State employees with a preestablished role in disaster | 
| 248 | response may be called upon to serve in times of disaster | 
| 249 | commensurate with their knowledge, skills, and abilities and any | 
| 250 | needed activities related to the situation. | 
| 251 | (f)  The Secretary of Elderly Affairs, or his or her | 
| 252 | designee, shall convene, at any time that he or she deems | 
| 253 | appropriate and necessary, a multiagency emergency special needs | 
| 254 | shelter response team or teams to assist local areas that are | 
| 255 | severely impacted by a natural or manmade disaster that requires | 
| 256 | the use of special needs shelters. Multiagency response teams | 
| 257 | shall provide assistance to local emergency management agencies | 
| 258 | with the continued operation or closure of the shelters, as well | 
| 259 | as with the discharge of special needs clients to alternate | 
| 260 | facilities if necessary. Local emergency management agencies may | 
| 261 | request the assistance of a multiagency response team by | 
| 262 | alerting statewide emergency management officials of the | 
| 263 | necessity for additional assistance in their area. The Secretary | 
| 264 | of Elderly Affairs is encouraged to proactively work with other | 
| 265 | state agencies prior to any natural disasters for which warnings | 
| 266 | are provided to ensure that multiagency response teams are ready | 
| 267 | to assemble and deploy rapidly upon a determination by state | 
| 268 | emergency management officials that a disaster area requires | 
| 269 | additional assistance. The Secretary of Elderly Affairs may call | 
| 270 | upon any state agency or office to provide staff to assist a | 
| 271 | multiagency response team or teams. Unless the secretary | 
| 272 | determines that the nature or circumstances surrounding the | 
| 273 | disaster do not warrant participation from a particular agency's | 
| 274 | staff, each multiagency response team shall include at least one | 
| 275 | representative from each of the following state agencies: | 
| 276 | 1.  Department of Elderly Affairs. | 
| 277 | 2.  Department of Health. | 
| 278 | 3.  Department of Children and Family Services. | 
| 279 | 4.  Department of Veterans' Affairs. | 
| 280 | 5.  Department of Community Affairs. | 
| 281 | 6.  Agency for Health Care Administration. | 
| 282 | 7.  Agency for Persons with Disabilities. | 
| 283 | (3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS AND | 
| 284 | FACILITIES.-- | 
| 285 | (a)  The Department of Health shall upon request reimburse , | 
| 286 | subject to the availability of funds for this purpose,health | 
| 287 | care practitioners, as defined in s. 456.001, provided the | 
| 288 | practitioner is not providing care to a patient under an | 
| 289 | existing contract, and emergency medical technicians and | 
| 290 | paramedics licensed under pursuant tochapter 401, for medical | 
| 291 | care provided at the request of the department in special needs | 
| 292 | shelters or at other locations during times of emergency or a | 
| 293 | declared majordisaster. Reimbursement for health care | 
| 294 | practitioners, except for physicians licensed under pursuant to | 
| 295 | chapter 458 or chapter 459, shall be based on the average hourly | 
| 296 | rate that such practitioners were paid according to the most | 
| 297 | recent survey of Florida hospitals conducted by the Florida | 
| 298 | Hospital Association. Reimbursement shall be requested on forms | 
| 299 | prepared by the Department of Health and shall be paid as | 
| 300 | specified in paragraph (d). | 
| 301 | (b)  Hospitals and nursing homes that are used to shelter | 
| 302 | special needs clients during or after an evacuation may submit | 
| 303 | invoices for reimbursement to the department. The department | 
| 304 | shall develop a form for reimbursement and shall specify by rule | 
| 305 | which expenses are reimbursable and the rate of reimbursement | 
| 306 | for each service. Reimbursement for the services described in | 
| 307 | this paragraph shall be paid as specified in paragraph (d). | 
| 308 | (c)  If, upon closure of a special needs shelter, a | 
| 309 | multiagency response team determines that it is necessary to | 
| 310 | discharge special needs shelter clients to other health care | 
| 311 | facilities, such as nursing homes, assisted living facilities, | 
| 312 | and community residential group homes, the receiving facilities | 
| 313 | shall be eligible for reimbursement for services provided to the | 
| 314 | clients for up to 90 days. Any facility eligible for | 
| 315 | reimbursement under this paragraph shall submit invoices for | 
| 316 | reimbursement on forms developed by the department. A facility | 
| 317 | must show proof of a written request from a representative of an | 
| 318 | agency serving on the multiagency response team that the client | 
| 319 | for whom the facility is seeking reimbursement for services | 
| 320 | rendered was referred to that facility from a special needs | 
| 321 | shelter. Reimbursement for the services described in this | 
| 322 | paragraph shall be paid as specified in paragraph (d). | 
| 323 | (d)  If a Presidential Disaster Declaration has been issued | 
| 324 | made, and the Federal Government makes funds available, the | 
| 325 | department shall use those suchfunds for reimbursement of | 
| 326 | eligible expenditures. In other situations, or if federal funds | 
| 327 | do not fully compensate the department for reimbursements | 
| 328 | permissible under reimbursement made pursuant tothis section, | 
| 329 | the department shall process a budget amendment to obtain | 
| 330 | reimbursement from unobligated, unappropriated moneys in the | 
| 331 | General Revenue Fund. The department shall not provide | 
| 332 | reimbursement to facilities under this subsection for services | 
| 333 | provided to a special needs client if, during the period of time | 
| 334 | in which the services were provided, the client was enrolled in | 
| 335 | another state-funded program, such as Medicaid or another | 
| 336 | similar program, which would otherwise pay for the same | 
| 337 | services. Travel expense and per diem costs shall be reimbursed | 
| 338 | pursuant to s. 112.061. | 
| 339 | (4)  HEALTH CARE PRACTITIONER REGISTRY.--The department may | 
| 340 | use the registries established in ss. 401.273 and 456.38 when | 
| 341 | health care practitioners are needed to staff special needs | 
| 342 | shelters or to staff disaster medical assistance teams. | 
| 343 | (5)  SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The | 
| 344 | Secretary Departmentof Health may establish a special needs | 
| 345 | shelter interagency committee and serve as or appoint a designee | 
| 346 | to serve as the committee's chair. The department shall provide | 
| 347 | any necessary staff and resources to support the committee in | 
| 348 | the performance of its duties , to be chaired and staffed by the | 
| 349 | department. The committee shall resolve problems related to | 
| 350 | special needs shelters not addressed in the state comprehensive | 
| 351 | emergency medical plan and shall consult on serve as an | 
| 352 | oversight committee to monitorthe planning and operation of | 
| 353 | special needs shelters. | 
| 354 | (a)  The committee shall may: | 
| 355 | 1.  Develop and negotiate any necessary interagency | 
| 356 | agreements. | 
| 357 | 2.  Undertake other such activities as the department deems | 
| 358 | necessary to facilitate the implementation of this section. | 
| 359 | 3.  Submit recommendations to the Legislature as necessary. | 
| 360 | Such recommendations shall include, but not be limited to, the | 
| 361 | following: | 
| 362 | a.  Defining "special needs shelter." | 
| 363 | b.  Defining "special needs client." | 
| 364 | c.  Development of a uniform registration form for special | 
| 365 | needs clients. | 
| 366 | d.  Improving public awareness regarding the registration | 
| 367 | process. | 
| 368 | e.  Improving overall communications with special needs | 
| 369 | clients both before and after a disaster. | 
| 370 | f.  Recommending the construction or designation of | 
| 371 | additional special needs shelters in underserved areas of the | 
| 372 | state and the necessity of upgrading, modifying, or retrofitting | 
| 373 | existing special needs shelters. | 
| 374 | g.  Recommending guidelines to establish a statewide | 
| 375 | database designed to collect and disseminate timely and | 
| 376 | appropriate special needs registration information. | 
| 377 | (b)  The special needs shelter interagency committee shall | 
| 378 | be composed of representatives of emergency management, health, | 
| 379 | medical, and social services organizations. Membership shall | 
| 380 | include, but shall not be limited to, representatives of the | 
| 381 | Departments of Health, Community Affairs, Children and Family | 
| 382 | Services, Elderly Affairs, Labor and Employment Security,and | 
| 383 | Education; the Agency for Health Care Administration; the | 
| 384 | Florida Medical Association; the Florida Osteopathic Medical | 
| 385 | Association; Associated Home Health Industries of Florida, Inc.; | 
| 386 | the Florida Nurses Association; the Florida Health Care | 
| 387 | Association; the Florida Assisted Living Affiliation | 
| 388 | Association; the Florida Hospital Association; the Florida | 
| 389 | Statutory Teaching Hospital Council; the Florida Association of | 
| 390 | Homes for the Aging; the Florida Emergency Preparedness | 
| 391 | Association; the American Red Cross; Florida Hospices and | 
| 392 | Palliative Care, Inc.; the Association of Community Hospitals | 
| 393 | and Health Systems; the Florida Association of Health | 
| 394 | Maintenance Organizations; the Florida League of Health Systems; | 
| 395 | Private Care Association; andthe Salvation Army; the Florida | 
| 396 | Association of Aging Services Providers; and the AARP. | 
| 397 | (c)  Meetings of the committee shall be held in | 
| 398 | Tallahassee, and members of the committee shall serve at the | 
| 399 | expense of the agencies or organizations they represent. The | 
| 400 | committee shall make every effort to use teleconference or video | 
| 401 | conference capabilities in order to ensure statewide input and | 
| 402 | participation. | 
| 403 | (6)  RULES.--The department has the authority to adopt rules | 
| 404 | necessary to implement this section. Rules shall mayinclude a | 
| 405 | definition of a special needs client patient,specifyphysician | 
| 406 | reimbursement, and the designation of designate whichcounty | 
| 407 | health departments which will have responsibility for the | 
| 408 | implementation of subsections (2) and (3). Standards for special | 
| 409 | needs shelters adopted by rule shall include minimum standards | 
| 410 | relating to: | 
| 411 | (a)  Staffing levels for provision of services to assist | 
| 412 | individuals with activities of daily living. | 
| 413 | (b)  Provision of transportation services. | 
| 414 | (c)  Compliance with applicable service animal laws. | 
| 415 | (d)  Eligibility criteria that includes individuals with | 
| 416 | physical, cognitive, and psychiatric disabilities. | 
| 417 | (e)  Provision of support and services for individuals with | 
| 418 | physical, cognitive, and psychiatric disabilities. | 
| 419 | (f)  Standardized applications that include specific | 
| 420 | eligibility criteria and the services an individual with special | 
| 421 | needs can expect to receive. | 
| 422 | (g)  Procedures for addressing the needs of unregistered | 
| 423 | individuals in need of shelter. | 
| 424 | (h)  Requirements that the special needs shelter location | 
| 425 | meets the Florida Accessibility Code for Building Construction. | 
| 426 | If the location fails to meet the standards, a plan must be | 
| 427 | provided describing how compliance will be achieved. | 
| 428 | (i)  Procedures for addressing the needs of families that | 
| 429 | are eligible for special needs shelter services. Specific | 
| 430 | procedures shall be developed to address the needs of families | 
| 431 | with multiple dependents where only one dependent is eligible | 
| 432 | for the special needs shelter. Specific procedures shall be | 
| 433 | developed to address the needs of adults with special needs who | 
| 434 | are caregivers for individuals without special needs. | 
| 435 | (j)  Standards for special needs shelters, including | 
| 436 | staffing, onsite emergency power, transportation services, | 
| 437 | supplies, including durable medical equipment, and any other | 
| 438 | recommendations for minimum standards as determined by the | 
| 439 | committee. | 
| 440 | (7) REVIEW OFEMERGENCY MANAGEMENT PLANS; CONTINUITY OF | 
| 441 | CARE.--Each emergency management plan submitted to a county | 
| 442 | health department by a home health agency pursuant to s. | 
| 443 | 400.497, by a nurse registry pursuant to s. 400.506, or by a | 
| 444 | hospice pursuant to s. 400.610, shall specify the organization's | 
| 445 | functional staffing plan for special needs shelters to ensure | 
| 446 | continuity of care and services to its clients during and after | 
| 447 | the disaster or emergency situation. The submission of Emergency | 
| 448 | management plans to county health departments by home health | 
| 449 | agencies pursuant to s. 400.497(8)(c) and (d) and by nurse | 
| 450 | registries pursuant to s. 400.506(16)(e) and by hospice programs | 
| 451 | pursuant to s. 400.610(1)(b) is conditional upon the receipt of | 
| 452 | an appropriation by the department to establish medical services | 
| 453 | disaster coordinator positions in county health departments | 
| 454 | unless the secretary of the department and a local county | 
| 455 | commission jointly determine to require such plans to be | 
| 456 | submitted based on a determination that there is a special need | 
| 457 | to protect public health in the local area during an emergency. | 
| 458 | Section 3.  Subsections (2) and (4) of section 252.385, | 
| 459 | Florida Statutes, are amended to read: | 
| 460 | 252.385  Public shelter space.-- | 
| 461 | (2)(a)  The division shall administer a program to survey | 
| 462 | existing schools, universities, community colleges, and other | 
| 463 | state-owned, municipally owned, and county-owned public | 
| 464 | buildings and any private facility that the owner, in writing, | 
| 465 | agrees to provide for use as a public hurricane evacuation | 
| 466 | shelter to identify those that are appropriately designed and | 
| 467 | located to serve as such shelters. The owners of the facilities | 
| 468 | must be given the opportunity to participate in the surveys. The | 
| 469 | Board of Regents, district school boards, community college | 
| 470 | boards of trustees, and the Department of Education are | 
| 471 | responsible for coordinating and implementing the survey of | 
| 472 | public schools, universities, and community colleges with the | 
| 473 | division or the local emergency management agency. | 
| 474 | (b)  By January 31 of each even-numbered year, the Division | 
| 475 | of Emergency Management of the Department of Community Affairs | 
| 476 | shall prepare and submit a statewide emergency shelter plan to | 
| 477 | the Governor and the Cabinet for approval, subject to the | 
| 478 | requirements for approval provided in s. 1013.37(2). The plan | 
| 479 | must also identify the general location and square footage of | 
| 480 | special needs shelters, by regional planning council region, | 
| 481 | during the next 5 years. The Department of Health shall assist | 
| 482 | the division in determining the estimated need for special needs | 
| 483 | shelter space based on information from the special needs | 
| 484 | registration database and other factors. | 
| 485 | (4)(a)  Public facilities, including schools, postsecondary | 
| 486 | education facilities, and other facilities owned or leased by | 
| 487 | the state or local governments, but excluding hospitals or | 
| 488 | nursing homes, which are suitable for use as public hurricane | 
| 489 | evacuation shelters shall be made available at the request of | 
| 490 | the local emergency management agencies. The local emergency | 
| 491 | management agency shall inspect a designated facility to | 
| 492 | determine its readiness prior to activating such facility for a | 
| 493 | specific hurricane or disaster. Such agencies shall coordinate | 
| 494 | with the appropriate school board, university, community | 
| 495 | college, or local governing board when requesting the use of | 
| 496 | such facilities as public hurricane evacuation shelters. | 
| 497 | (b)  The Department of Management Services shall | 
| 498 | incorporate provisions for the use of suitable leased public | 
| 499 | facilities as public hurricane evacuation shelters into lease | 
| 500 | agreements for state agencies. Suitable leased public facilities | 
| 501 | include leased public facilities that are solely occupied by | 
| 502 | state agencies and have at least 2,000 square feet of net floor | 
| 503 | area in a single room or in a combination of rooms having a | 
| 504 | minimum of 400 square feet in each room. The net square footage | 
| 505 | of floor area must be determined by subtracting from the gross | 
| 506 | square footage the square footage of spaces such as mechanical | 
| 507 | and electrical rooms, storage rooms, open corridors, restrooms, | 
| 508 | kitchens, science or computer laboratories, shop or mechanical | 
| 509 | areas, administrative offices, records vaults, and crawl spaces. | 
| 510 | (c)  The Department of Management Services shall, in | 
| 511 | consultation with local and state emergency management agencies, | 
| 512 | assess Department of Management Services facilities to identify | 
| 513 | the extent to which each facility has public hurricane | 
| 514 | evacuation shelter space. The Department of Management Services | 
| 515 | shall submit proposed facility retrofit projects that | 
| 516 | incorporate hurricane protection enhancements to the department | 
| 517 | for assessment and inclusion in the annual report prepared in | 
| 518 | accordance with subsection (3). | 
| 519 | Section 4.  Section 400.492, Florida Statutes, is amended | 
| 520 | to read: | 
| 521 | 400.492  Provision of services during an emergency.--Each | 
| 522 | home health agency, nurse registry, hospice, or durable medical | 
| 523 | equipment provider shall prepare and maintain a comprehensive | 
| 524 | emergency management plan that is consistent with the standards | 
| 525 | adopted by national accreditation organizations and consistent | 
| 526 | with the local special needs plan. The plan shall be updated | 
| 527 | annually and shall provide for continuing home health, nurse | 
| 528 | registry, hospice, or durable medical equipment services during | 
| 529 | an emergency that interrupts patient care or services in the | 
| 530 | patient's home. The plan shall describe how the home health | 
| 531 | agency, nurse registry, hospice, or durable medical equipment | 
| 532 | provider establishes and maintains an effective response to | 
| 533 | emergencies and disasters, including: notifying staff when | 
| 534 | emergency response measures are initiated; providing for | 
| 535 | communication between staff members, county health departments, | 
| 536 | and local emergency management agencies, including a backup | 
| 537 | system; identifying resources necessary to continue essential | 
| 538 | care or services or referrals to other organizations subject to | 
| 539 | written agreement; and prioritizing and contacting patients who | 
| 540 | need continued care or services. | 
| 541 | (1)  Each patient record for patients who are listed in the | 
| 542 | registry established pursuant to s. 252.355 shall include a | 
| 543 | description of how care or services will be continued in the | 
| 544 | event of an emergency or disaster. The home health agency shall | 
| 545 | discuss the emergency provisions with the patient and the | 
| 546 | patient's caregivers, including where and how the patient is to | 
| 547 | evacuate, procedures for notifying the home health agency in the | 
| 548 | event that the patient evacuates to a location other than the | 
| 549 | shelter identified in the patient record, and a list of | 
| 550 | medications and equipment which must either accompany the | 
| 551 | patient or will be needed by the patient in the event of an | 
| 552 | evacuation. | 
| 553 | (2)  Each home health agency shall maintain a current | 
| 554 | prioritized list of patients who need continued services during | 
| 555 | an emergency. The list shall indicate how services shall be | 
| 556 | continued in the event of an emergency or disaster for each | 
| 557 | patient and if the patient is to be transported to a special | 
| 558 | needs shelter, and shall indicate if the patient is receiving | 
| 559 | skilled nursing services and the patient's medication and | 
| 560 | equipment needs. The list shall be furnished to county health | 
| 561 | departments and to local emergency management agencies, upon | 
| 562 | request. | 
| 563 | (3)  Home health, hospice, and durable medical equipment | 
| 564 | provider agencies shall not be required to continue to provide | 
| 565 | care to patients in emergency situations that are beyond their | 
| 566 | control and that make it impossible to provide services, such as | 
| 567 | when roads are impassable or when patients do not go to the | 
| 568 | location specified in their patient records. Home health | 
| 569 | agencies, nurse registries, hospices, and durable medical | 
| 570 | equipment providers may establish links to local emergency | 
| 571 | operations centers to determine a mechanism to approach areas | 
| 572 | within the disaster area in order for the agency to reach its | 
| 573 | clients. The presentation of home care or hospice clients to a | 
| 574 | special needs shelter without the home health agency or hospice | 
| 575 | making a good faith effort to provide services in the shelter | 
| 576 | setting will constitute abandonment of the client and will | 
| 577 | result in regulatory review. | 
| 578 | (4)  Notwithstanding the provisions of s. 400.464(2) or any | 
| 579 | other provision of law to the contrary, a home health agency may | 
| 580 | provide services in a special needs shelter located in any | 
| 581 | county. | 
| 582 | Section 5.  Section 408.831, Florida Statutes, is amended | 
| 583 | to read: | 
| 584 | 408.831  Denial, suspension, or revocation of a license, | 
| 585 | registration, certificate, or application.-- | 
| 586 | (1)  In addition to any other remedies provided by law, the | 
| 587 | agency may deny each application or suspend or revoke each | 
| 588 | license, registration, or certificate of entities regulated or | 
| 589 | licensed by it: | 
| 590 | (a)  If the applicant, licensee, registrant, or | 
| 591 | certificateholder, or, in the case of a corporation, | 
| 592 | partnership, or other business entity, if any officer, director, | 
| 593 | agent, or managing employee of that business entity or any | 
| 594 | affiliated person, partner, or shareholder having an ownership | 
| 595 | interest equal to 5 percent or greater in that business entity, | 
| 596 | has failed to pay all outstanding fines, liens, or overpayments | 
| 597 | assessed by final order of the agency or final order of the | 
| 598 | Centers for Medicare and Medicaid Services, not subject to | 
| 599 | further appeal, unless a repayment plan is approved by the | 
| 600 | agency; or | 
| 601 | (b)  For failure to comply with any repayment plan. | 
| 602 | (2)  In reviewing any application requesting a change of | 
| 603 | ownership or change of the licensee, registrant, or | 
| 604 | certificateholder, the transferor shall, prior to agency | 
| 605 | approval of the change, repay or make arrangements to repay any | 
| 606 | amounts owed to the agency. Should the transferor fail to repay | 
| 607 | or make arrangements to repay the amounts owed to the agency, | 
| 608 | the issuance of a license, registration, or certificate to the | 
| 609 | transferee shall be delayed until repayment or until | 
| 610 | arrangements for repayment are made. | 
| 611 | (3)  Entities subject to this section may exceed their | 
| 612 | licensed capacity to act as a receiving facility in accordance | 
| 613 | with an emergency operations plan for clients of evacuating | 
| 614 | providers from a geographic area where an evacuation order has | 
| 615 | been issued by a local authority having jurisdiction. While in | 
| 616 | an overcapacity status, each provider must furnish or arrange | 
| 617 | for appropriate care and services to all clients. Overcapacity | 
| 618 | status in excess of 15 days shall require compliance with all | 
| 619 | fire safety requirements or their equivalency as approved by | 
| 620 | state and local authorities, whichever is applicable. In | 
| 621 | addition, the agency shall approve requests for overcapacity | 
| 622 | beyond 15 days, which approvals shall be based upon satisfactory | 
| 623 | justification and need as provided by the receiving and sending | 
| 624 | facility. | 
| 625 | (4)  An inactive license may be issued to a licensee | 
| 626 | subject to this section when the provider is located in a | 
| 627 | geographic area where a state of emergency was declared by the | 
| 628 | Governor of Florida if the provider: | 
| 629 | (a)  Suffered damage to the provider's operation during | 
| 630 | that state of emergency. | 
| 631 | (b)  Is currently licensed. | 
| 632 | (c)  Does not have a provisional license. | 
| 633 | (d)  Will be temporarily unable to provide services but is | 
| 634 | reasonably expected to resume services within 12 months. | 
| 635 | 
 | 
| 636 | An inactive license may be issued for a period not to exceed 12 | 
| 637 | months but may be renewed by the agency for up to 6 additional | 
| 638 | months upon demonstration to the agency of progress toward | 
| 639 | reopening. A request by a licensee for an inactive license or to | 
| 640 | extend the previously approved inactive period must be submitted | 
| 641 | in writing to the agency, accompanied by written justification | 
| 642 | for the inactive license which states the beginning and ending | 
| 643 | dates of inactivity and includes a plan for the transfer of any | 
| 644 | clients to other providers and appropriate licensure fees. Upon | 
| 645 | agency approval, the licensee shall notify clients of any | 
| 646 | necessary discharge or transfer as required by authorizing | 
| 647 | statutes or applicable rules. The beginning of the inactive | 
| 648 | licensure period shall be the date the provider ceases | 
| 649 | operations. The end of the inactive period shall become the | 
| 650 | licensee expiration date and all licensure fees must be current, | 
| 651 | paid in full, and may be prorated. Reactivation of an inactive | 
| 652 | license requires the prior approval by the agency of a renewal | 
| 653 | application, including payment of licensure fees and agency | 
| 654 | inspections indicating compliance with all requirements of this | 
| 655 | part and applicable rules and statutes. | 
| 656 | (5) (3)This section provides standards of enforcement | 
| 657 | applicable to all entities licensed or regulated by the Agency | 
| 658 | for Health Care Administration. This section controls over any | 
| 659 | conflicting provisions of chapters 39, 381, 383, 390, 391, 393, | 
| 660 | 394, 395, 400, 408, 468, 483, and 641 or rules adopted pursuant | 
| 661 | to those chapters. | 
| 662 | Section 6.  Section 252.357, Florida Statutes, is created | 
| 663 | to read: | 
| 664 | 252.357  Monitoring of nursing homes during disaster.--The | 
| 665 | Florida Comprehensive Emergency Management Plan shall permit the | 
| 666 | Agency for Health Care Administration, working from the agency's | 
| 667 | offices or in the Emergency Operations Center, ESF-8, to make | 
| 668 | initial contact with each nursing home in the disaster area. The | 
| 669 | agency, by July 15, 2005, and annually thereafter, shall publish | 
| 670 | on the Internet an emergency telephone number that can be used | 
| 671 | by nursing homes to contact the agency on a schedule established | 
| 672 | by the agency to report requests for assistance. The agency may | 
| 673 | also provide the telephone number to each facility when it makes | 
| 674 | the initial facility call. | 
| 675 | Section 7.  This act shall take effect July 1, 2006. |