Senate Bill sb0682c1

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    Florida Senate - 2007                            CS for SB 682

    By the Committee on Health Regulation; and Senator Bennett





    588-1985-07

  1                      A bill to be entitled

  2         An act relating to nursing facilities; amending

  3         s. 400.118, F.S.; revising the frequency of

  4         visits to nursing facilities by quality-of-care

  5         monitors from the Agency for Health Care

  6         Administration; amending s. 400.141, F.S.;

  7         authorizing certain licensed nursing facilities

  8         to develop a plan to provide certain training

  9         for nursing assistants; amending s. 400.147,

10         F.S.; redefining the term "adverse incident";

11         deleting the requirement that a nursing

12         facility notify the agency of an adverse

13         incident; deleting notification requirements;

14         requiring that a risk manager determine if an

15         incident was an adverse incident; amending s.

16         400.19, F.S.; providing that the most recent

17         survey is a licensure survey under certain

18         conditions for purposes of future survey

19         scheduling; amending s. 400.195, F.S.;

20         conforming a cross-reference; amending s.

21         400.23, F.S.; requiring that federal posting

22         requirements for staffing standards comply with

23         state posting requirements; providing an

24         effective date.

25  

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

27  

28         Section 1.  Paragraph (a) of subsection (2) of section

29  400.118, Florida Statutes, is amended to read:

30         400.118  Quality assurance; early warning system;

31  monitoring; rapid response teams.--

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    Florida Senate - 2007                            CS for SB 682
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 1         (2)(a)  The agency shall establish within each district

 2  office one or more quality-of-care monitors, based on the

 3  number of nursing facilities in the district, to monitor all

 4  nursing facilities in the district on a regular, unannounced,

 5  aperiodic basis, including nights, evenings, weekends, and

 6  holidays. Quality-of-care monitors shall visit each nursing

 7  facility annually, shall visit each conditionally licensed

 8  nursing facility at least quarterly, and shall visit other

 9  facilities as directed by the agency. Priority for additional

10  monitoring visits shall be given to nursing facilities that

11  have with a history of resident care deficiencies.

12  Quality-of-care monitors shall be registered nurses who are

13  trained and experienced in nursing facility regulation,

14  standards of practice in long-term care, and evaluation of

15  patient care. Individuals in these positions may shall not be

16  deployed by the agency as a part of the district survey team

17  in the conduct of routine, scheduled surveys, but shall

18  function solely and independently as quality-of-care monitors.

19  Quality-of-care monitors shall assess the overall quality of

20  life in the nursing facility and shall assess specific

21  conditions in the facility directly related to resident care,

22  including the operations of internal quality improvement and

23  risk management programs and adverse incident reports. The

24  quality-of-care monitor shall include in an assessment visit

25  observation of the care and services rendered to residents and

26  formal and informal interviews with residents, family members,

27  facility staff, resident guests, volunteers, other regulatory

28  staff, and representatives of a long-term care ombudsman

29  council or Florida advocacy council.

30         Section 2.  Section 400.141, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2007                            CS for SB 682
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 1         400.141  Administration and management of nursing home

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

 3  applicable standards and rules of the agency and shall:

 4         (1)  Be under the administrative direction and charge

 5  of a licensed administrator.

 6         (2)  Appoint a medical director licensed pursuant to

 7  chapter 458 or chapter 459. The agency may establish by rule

 8  more specific criteria for the appointment of a medical

 9  director.

10         (3)  Have available the regular, consultative, and

11  emergency services of physicians licensed by the state.

12         (4)  Provide for resident use of a community pharmacy

13  as specified in s. 400.022(1)(q). Any other law to the

14  contrary notwithstanding, a registered pharmacist licensed in

15  Florida, that is under contract with a facility licensed under

16  this chapter or chapter 429, shall repackage a nursing

17  facility resident's bulk prescription medication which has

18  been packaged by another pharmacist licensed in any state in

19  the United States into a unit dose system compatible with the

20  system used by the nursing facility, if the pharmacist is

21  requested to offer such service. In order to be eligible for

22  the repackaging, a resident or the resident's spouse must

23  receive prescription medication benefits provided through a

24  former employer as part of his or her retirement benefits, a

25  qualified pension plan as specified in s. 4972 of the Internal

26  Revenue Code, a federal retirement program as specified under

27  5 C.F.R. s. 831, or a long-term care policy as defined in s.

28  627.9404(1). A pharmacist who correctly repackages and

29  relabels the medication and the nursing facility which

30  correctly administers such repackaged medication under the

31  provisions of this subsection shall not be held liable in any

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    Florida Senate - 2007                            CS for SB 682
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 1  civil or administrative action arising from the repackaging.

 2  In order to be eligible for the repackaging, a nursing

 3  facility resident for whom the medication is to be repackaged

 4  shall sign an informed consent form provided by the facility

 5  which includes an explanation of the repackaging process and

 6  which notifies the resident of the immunities from liability

 7  provided herein. A pharmacist who repackages and relabels

 8  prescription medications, as authorized under this subsection,

 9  may charge a reasonable fee for costs resulting from the

10  implementation of this provision.

11         (5)  Provide for the access of the facility residents

12  to dental and other health-related services, recreational

13  services, rehabilitative services, and social work services

14  appropriate to their needs and conditions and not directly

15  furnished by the licensee.  When a geriatric outpatient nurse

16  clinic is conducted in accordance with rules adopted by the

17  agency, outpatients attending such clinic shall not be counted

18  as part of the general resident population of the nursing home

19  facility, nor shall the nursing staff of the geriatric

20  outpatient clinic be counted as part of the nursing staff of

21  the facility, until the outpatient clinic load exceeds 15 a

22  day.

23         (6)  Be allowed and encouraged by the agency to provide

24  other needed services under certain conditions. If the

25  facility has a standard licensure status, and has had no class

26  I or class II deficiencies during the past 2 years or has been

27  awarded a Gold Seal under the program established in s.

28  400.235, it may be encouraged by the agency to provide

29  services, including, but not limited to, respite and adult day

30  services, which enable individuals to move in and out of the

31  facility.  A facility is not subject to any additional

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    Florida Senate - 2007                            CS for SB 682
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 1  licensure requirements for providing these services. Respite

 2  care may be offered to persons in need of short-term or

 3  temporary nursing home services. Respite care must be provided

 4  in accordance with this part and rules adopted by the agency.

 5  However, the agency shall, by rule, adopt modified

 6  requirements for resident assessment, resident care plans,

 7  resident contracts, physician orders, and other provisions, as

 8  appropriate, for short-term or temporary nursing home

 9  services.  The agency shall allow for shared programming and

10  staff in a facility which meets minimum standards and offers

11  services pursuant to this subsection, but, if the facility is

12  cited for deficiencies in patient care, may require additional

13  staff and programs appropriate to the needs of service

14  recipients. A person who receives respite care may not be

15  counted as a resident of the facility for purposes of the

16  facility's licensed capacity unless that person receives

17  24-hour respite care. A person receiving either respite care

18  for 24 hours or longer or adult day services must be included

19  when calculating minimum staffing for the facility. Any costs

20  and revenues generated by a nursing home facility from

21  nonresidential programs or services shall be excluded from the

22  calculations of Medicaid per diems for nursing home

23  institutional care reimbursement.

24         (7)  If the facility has a standard license or is a

25  Gold Seal facility, exceeds the minimum required hours of

26  licensed nursing and certified nursing assistant direct care

27  per resident per day, and is part of a continuing care

28  facility licensed under chapter 651 or a retirement community

29  that offers other services pursuant to part III of this

30  chapter or part I or part III of chapter 429 on a single

31  campus, be allowed to share programming and staff. At the time

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    Florida Senate - 2007                            CS for SB 682
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 1  of inspection and in the semiannual report required pursuant

 2  to subsection (15), a continuing care facility or retirement

 3  community that uses this option must demonstrate through

 4  staffing records that minimum staffing requirements for the

 5  facility were met. Licensed nurses and certified nursing

 6  assistants who work in the nursing home facility may be used

 7  to provide services elsewhere on campus if the facility

 8  exceeds the minimum number of direct care hours required per

 9  resident per day and the total number of residents receiving

10  direct care services from a licensed nurse or a certified

11  nursing assistant does not cause the facility to violate the

12  staffing ratios required under s. 400.23(3)(a). Compliance

13  with the minimum staffing ratios shall be based on total

14  number of residents receiving direct care services, regardless

15  of where they reside on campus. If the facility receives a

16  conditional license, it may not share staff until the

17  conditional license status ends. This subsection does not

18  restrict the agency's authority under federal or state law to

19  require additional staff if a facility is cited for

20  deficiencies in care which are caused by an insufficient

21  number of certified nursing assistants or licensed nurses. The

22  agency may adopt rules for the documentation necessary to

23  determine compliance with this provision.

24         (8)  Maintain the facility premises and equipment and

25  conduct its operations in a safe and sanitary manner.

26         (9)  If the licensee furnishes food service, provide a

27  wholesome and nourishing diet sufficient to meet generally

28  accepted standards of proper nutrition for its residents and

29  provide such therapeutic diets as may be prescribed by

30  attending physicians.  In making rules to implement this

31  subsection, the agency shall be guided by standards

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    Florida Senate - 2007                            CS for SB 682
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 1  recommended by nationally recognized professional groups and

 2  associations with knowledge of dietetics.

 3         (10)  Keep full records of resident admissions and

 4  discharges; medical and general health status, including

 5  medical records, personal and social history, and identity and

 6  address of next of kin or other persons who may have

 7  responsibility for the affairs of the residents; and

 8  individual resident care plans including, but not limited to,

 9  prescribed services, service frequency and duration, and

10  service goals.  The records shall be open to inspection by the

11  agency.

12         (11)  Keep such fiscal records of its operations and

13  conditions as may be necessary to provide information pursuant

14  to this part.

15         (12)  Furnish copies of personnel records for employees

16  affiliated with such facility, to any other facility licensed

17  by this state requesting this information pursuant to this

18  part.  Such information contained in the records may include,

19  but is not limited to, disciplinary matters and any reason for

20  termination. Any facility releasing such records pursuant to

21  this part shall be considered to be acting in good faith and

22  may not be held liable for information contained in such

23  records, absent a showing that the facility maliciously

24  falsified such records.

25         (13)  Publicly display a poster provided by the agency

26  containing the names, addresses, and telephone numbers for the

27  state's abuse hotline, the State Long-Term Care Ombudsman, the

28  Agency for Health Care Administration consumer hotline, the

29  Advocacy Center for Persons with Disabilities, the Florida

30  Statewide Advocacy Council, and the Medicaid Fraud Control

31  

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 1  Unit, with a clear description of the assistance to be

 2  expected from each.

 3         (14)  Submit to the agency the information specified in

 4  s. 400.071(2)(e) for a management company within 30 days after

 5  the effective date of the management agreement.

 6         (15)  Submit semiannually to the agency, or more

 7  frequently if requested by the agency, information regarding

 8  facility staff-to-resident ratios, staff turnover, and staff

 9  stability, including information regarding certified nursing

10  assistants, licensed nurses, the director of nursing, and the

11  facility administrator. For purposes of this reporting:

12         (a)  Staff-to-resident ratios must be reported in the

13  categories specified in s. 400.23(3)(a) and applicable rules.

14  The ratio must be reported as an average for the most recent

15  calendar quarter.

16         (b)  Staff turnover must be reported for the most

17  recent 12-month period ending on the last workday of the most

18  recent calendar quarter prior to the date the information is

19  submitted. The turnover rate must be computed quarterly, with

20  the annual rate being the cumulative sum of the quarterly

21  rates. The turnover rate is the total number of terminations

22  or separations experienced during the quarter, excluding any

23  employee terminated during a probationary period of 3 months

24  or less, divided by the total number of staff employed at the

25  end of the period for which the rate is computed, and

26  expressed as a percentage.

27         (c)  The formula for determining staff stability is the

28  total number of employees that have been employed for more

29  than 12 months, divided by the total number of employees

30  employed at the end of the most recent calendar quarter, and

31  expressed as a percentage.

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 1         (d)  A nursing facility that has failed to comply with

 2  state minimum-staffing requirements for 2 consecutive days is

 3  prohibited from accepting new admissions until the facility

 4  has achieved the minimum-staffing requirements for a period of

 5  6 consecutive days. For the purposes of this paragraph, any

 6  person who was a resident of the facility and was absent from

 7  the facility for the purpose of receiving medical care at a

 8  separate location or was on a leave of absence is not

 9  considered a new admission. Failure to impose such an

10  admissions moratorium constitutes a class II deficiency.

11         (e)  A nursing facility which does not have a

12  conditional license may be cited for failure to comply with

13  the standards in s. 400.23(3)(a)1.a. only if it has failed to

14  meet those standards on 2 consecutive days or if it has failed

15  to meet at least 97 percent of those standards on any one day.

16         (f)  A facility which has a conditional license must be

17  in compliance with the standards in s. 400.23(3)(a) at all

18  times.

19  

20  Nothing in this section shall limit the agency's ability to

21  impose a deficiency or take other actions if a facility does

22  not have enough staff to meet the residents' needs.

23         (16)  Report monthly the number of vacant beds in the

24  facility which are available for resident occupancy on the day

25  the information is reported.

26         (17)  Notify a licensed physician when a resident

27  exhibits signs of dementia or cognitive impairment or has a

28  change of condition in order to rule out the presence of an

29  underlying physiological condition that may be contributing to

30  such dementia or impairment. The notification must occur

31  within 30 days after the acknowledgment of such signs by

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 1  facility staff. If an underlying condition is determined to

 2  exist, the facility shall arrange, with the appropriate health

 3  care provider, the necessary care and services to treat the

 4  condition.

 5         (18)  If the facility implements a dining and

 6  hospitality attendant program, ensure that the program is

 7  developed and implemented under the supervision of the

 8  facility director of nursing. A licensed nurse, licensed

 9  speech or occupational therapist, or a registered dietitian

10  must conduct training of dining and hospitality attendants. A

11  person employed by a facility as a dining and hospitality

12  attendant must perform tasks under the direct supervision of a

13  licensed nurse.

14         (19)  Report to the agency any filing for bankruptcy

15  protection by the facility or its parent corporation,

16  divestiture or spin-off of its assets, or corporate

17  reorganization within 30 days after the completion of such

18  activity.

19         (20)  Maintain general and professional liability

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

21  general and professional liability insurance coverage, a

22  state-designated teaching nursing home and its affiliated

23  assisted living facilities created under s. 430.80 may

24  demonstrate proof of financial responsibility as provided in

25  s. 430.80(3)(h).

26         (21)  Maintain in the medical record for each resident

27  a daily chart of certified nursing assistant services provided

28  to the resident. The certified nursing assistant who is caring

29  for the resident must complete this record by the end of his

30  or her shift. This record must indicate assistance with

31  activities of daily living, assistance with eating, and

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 1  assistance with drinking, and must record each offering of

 2  nutrition and hydration for those residents whose plan of care

 3  or assessment indicates a risk for malnutrition or

 4  dehydration.

 5         (22)  Before November 30 of each year, subject to the

 6  availability of an adequate supply of the necessary vaccine,

 7  provide for immunizations against influenza viruses to all its

 8  consenting residents in accordance with the recommendations of

 9  the United States Centers for Disease Control and Prevention,

10  subject to exemptions for medical contraindications and

11  religious or personal beliefs. Subject to these exemptions,

12  any consenting person who becomes a resident of the facility

13  after November 30 but before March 31 of the following year

14  must be immunized within 5 working days after becoming a

15  resident. Immunization shall not be provided to any resident

16  who provides documentation that he or she has been immunized

17  as required by this subsection. This subsection does not

18  prohibit a resident from receiving the immunization from his

19  or her personal physician if he or she so chooses. A resident

20  who chooses to receive the immunization from his or her

21  personal physician shall provide proof of immunization to the

22  facility. The agency may adopt and enforce any rules necessary

23  to comply with or implement this subsection.

24         (23)  Assess all residents for eligibility for

25  pneumococcal polysaccharide vaccination (PPV) and vaccinate

26  residents when indicated within 60 days after the effective

27  date of this act in accordance with the recommendations of the

28  United States Centers for Disease Control and Prevention,

29  subject to exemptions for medical contraindications and

30  religious or personal beliefs. Residents admitted after the

31  effective date of this act shall be assessed within 5 working

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 1  days of admission and, when indicated, vaccinated within 60

 2  days in accordance with the recommendations of the United

 3  States Centers for Disease Control and Prevention, subject to

 4  exemptions for medical contraindications and religious or

 5  personal beliefs. Immunization shall not be provided to any

 6  resident who provides documentation that he or she has been

 7  immunized as required by this subsection. This subsection does

 8  not prohibit a resident from receiving the immunization from

 9  his or her personal physician if he or she so chooses. A

10  resident who chooses to receive the immunization from his or

11  her personal physician shall provide proof of immunization to

12  the facility. The agency may adopt and enforce any rules

13  necessary to comply with or implement this subsection.

14         (24)  Annually encourage and promote to its employees

15  the benefits associated with immunizations against influenza

16  viruses in accordance with the recommendations of the United

17  States Centers for Disease Control and Prevention. The agency

18  may adopt and enforce any rules necessary to comply with or

19  implement this subsection.

20  

21  Facilities having a standard license that have been awarded a

22  Gold Seal under the program established in s. 400.235 may

23  develop a plan to provide certified nursing assistant training

24  as prescribed by federal regulations and state rules and may

25  apply to the agency for approval of their program.

26         Section 3.  Subsections (5) through (15) of section

27  400.147, Florida Statutes, are amended to read:

28         400.147  Internal risk management and quality assurance

29  program.--

30         (5)  For purposes of reporting to the agency under this

31  section, the term "adverse incident" means:

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 1         (a)  An event over which facility personnel could

 2  exercise control and which is associated in whole or in part

 3  with the facility's intervention, rather than the condition

 4  for which such intervention occurred, and which results in one

 5  of the following:

 6         1.  Death;

 7         2.  Brain or spinal damage;

 8         3.  Permanent disfigurement;

 9         4.  Fracture or dislocation of bones or joints;

10         5.  A limitation of neurological, physical, or sensory

11  function;

12         6.  Any condition that required medical attention to

13  which the resident has not given his or her informed consent,

14  including failure to honor advanced directives; or

15         7.  Any condition that required the transfer of the

16  resident, within or outside the facility, to a unit providing

17  a more acute level of care due to the adverse incident, rather

18  than the resident's condition prior to the adverse incident;

19         (b)  Abuse, neglect, or exploitation as defined in s.

20  415.102;

21         (c)  Abuse, neglect and harm as defined in s. 39.01;

22         (d)  Resident elopement; or

23         (e)  An event that is reported to a law enforcement

24  agency for investigation.

25         (6)  The internal risk manager of each licensed

26  facility shall:

27         (a)  Investigate every allegation of sexual misconduct

28  which is made against a member of the facility's personnel who

29  has direct patient contact when the allegation is that the

30  sexual misconduct occurred at the facility or at the grounds

31  of the facility;

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 1         (b)  Report every allegation of sexual misconduct to

 2  the administrator of the licensed facility; and

 3         (c)  Notify the resident representative or guardian of

 4  the victim that an allegation of sexual misconduct has been

 5  made and that an investigation is being conducted.

 6         (7)(a)  The facility shall initiate an investigation

 7  and shall notify the agency within 1 business day after the

 8  risk manager or his or her designee has received a report

 9  pursuant to paragraph (1)(d). The notification must be made in

10  writing and be provided electronically, by facsimile device or

11  overnight mail delivery. The notification must include

12  information regarding the identity of the affected resident,

13  the type of adverse incident, the initiation of an

14  investigation by the facility, and whether the events causing

15  or resulting in the adverse incident represent a potential

16  risk to any other resident. The notification is confidential

17  as provided by law and is not discoverable or admissible in

18  any civil or administrative action, except in disciplinary

19  proceedings by the agency or the appropriate regulatory board.

20  The agency may investigate, as it deems appropriate, any such

21  incident and prescribe measures that must or may be taken in

22  response to the incident. The agency shall review each

23  incident and determine whether it potentially involved conduct

24  by the health care professional who is subject to disciplinary

25  action, in which case the provisions of s. 456.073 shall

26  apply.

27         (b)(8)(a)  Each facility shall complete the

28  investigation and submit an adverse incident report to the

29  agency for each adverse incident within 15 calendar days after

30  its occurrence. If, after a complete investigation, the risk

31  manager determines that the incident was not an adverse

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 1  incident as defined in subsection (5), the facility shall

 2  include this information in the report. The agency shall

 3  develop a form for reporting this information.

 4         (c)(b)  The information reported to the agency pursuant

 5  to paragraph (b) (a) which relates to persons licensed under

 6  chapter 458, chapter 459, chapter 461, or chapter 466 shall be

 7  reviewed by the agency. The agency shall determine whether any

 8  of the incidents potentially involved conduct by a health care

 9  professional who is subject to disciplinary action, in which

10  case the provisions of s. 456.073 shall apply.

11         (d)(c)  The report submitted to the agency must also

12  contain the name of the risk manager of the facility.

13         (e)(d)  The adverse incident report is confidential as

14  provided by law and is not discoverable or admissible in any

15  civil or administrative action, except in disciplinary

16  proceedings by the agency or the appropriate regulatory board.

17         (8)(9)  By the 10th of each month, each facility

18  subject to this section shall report any notice received

19  pursuant to s. 400.0233(2) and each initial complaint that was

20  filed with the clerk of the court and served on the facility

21  during the previous month by a resident or a resident's family

22  member, guardian, conservator, or personal legal

23  representative. The report must include the name of the

24  resident, the resident's date of birth and social security

25  number, the Medicaid identification number for

26  Medicaid-eligible persons, the date or dates of the incident

27  leading to the claim or dates of residency, if applicable, and

28  the type of injury or violation of rights alleged to have

29  occurred.  Each facility shall also submit a copy of the

30  notices received pursuant to s. 400.0233(2) and complaints

31  filed with the clerk of the court. This report is confidential

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 1  as provided by law and is not discoverable or admissible in

 2  any civil or administrative action, except in such actions

 3  brought by the agency to enforce the provisions of this part.

 4         (9)(10)  The agency shall review, as part of its

 5  licensure inspection process, the internal risk management and

 6  quality assurance program at each facility regulated by this

 7  section to determine whether the program meets standards

 8  established in statutory laws and rules, is being conducted in

 9  a manner designed to reduce adverse incidents, and is

10  appropriately reporting incidents as required by this section.

11         (10)(11)  There is no monetary liability on the part

12  of, and a cause of action for damages may not arise against,

13  any risk manager for the implementation and oversight of the

14  internal risk management and quality assurance program in a

15  facility licensed under this part as required by this section,

16  or for any act or proceeding undertaken or performed within

17  the scope of the functions of such internal risk management

18  and quality assurance program if the risk manager acts without

19  intentional fraud.

20         (11)(12)  If the agency, through its receipt of the

21  adverse incident reports prescribed in subsection (7), or

22  through any investigation, has a reasonable belief that

23  conduct by a staff member or employee of a facility is grounds

24  for disciplinary action by the appropriate regulatory board,

25  the agency shall report this fact to the regulatory board.

26         (12)(13)  The agency may adopt rules to administer this

27  section.

28         (13)(14)  The agency shall annually submit to the

29  Legislature a report on nursing home adverse incidents. The

30  report must include the following information arranged by

31  county:

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 1         (a)  The total number of adverse incidents.

 2         (b)  A listing, by category, of the types of adverse

 3  incidents, the number of incidents occurring within each

 4  category, and the type of staff involved.

 5         (c)  A listing, by category, of the types of injury

 6  caused and the number of injuries occurring within each

 7  category.

 8         (d)  Types of liability claims filed based on an

 9  adverse incident or reportable injury.

10         (e)  Disciplinary action taken against staff,

11  categorized by type of staff involved.

12         (14)(15)  Information gathered by a credentialing

13  organization under a quality assurance program is not

14  discoverable from the credentialing organization. This

15  subsection does not limit discovery of, access to, or use of

16  facility records, including those records from which the

17  credentialing organization gathered its information.

18         Section 4.  Subsection (3) of section 400.19, Florida

19  Statutes, is amended to read:

20         400.19  Right of entry and inspection.--

21         (3)  The agency shall every 15 months conduct at least

22  one unannounced inspection to determine compliance by the

23  licensee with statutes, and with rules adopted promulgated

24  under the provisions of those statutes, governing minimum

25  standards of construction, quality and adequacy of care, and

26  rights of residents. The survey shall be conducted every 6

27  months for the next 2-year period if the facility has been

28  cited for a class I deficiency, has been cited for two or more

29  class II deficiencies arising from separate surveys or

30  investigations within a 60-day period, or has had three or

31  more substantiated complaints within a 6-month period, each

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    Florida Senate - 2007                            CS for SB 682
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 1  resulting in at least one class I or class II deficiency. In

 2  addition to any other fees or fines in this part, the agency

 3  shall assess a fine for each facility that is subject to the

 4  6-month survey cycle. The fine for the 2-year period shall be

 5  $6,000, one-half to be paid at the completion of each survey.

 6  The agency may adjust this fine by the change in the Consumer

 7  Price Index, based on the 12 months immediately preceding the

 8  increase, to cover the cost of the additional surveys. If such

 9  deficiencies are overturned as the result of administrative

10  action but additional surveys have already been conducted

11  pursuant to this section, the most recent survey shall be

12  considered a licensure survey for purposes of scheduling

13  future surveys. The agency shall verify through subsequent

14  inspection that any deficiency identified during the annual

15  inspection is corrected.  However, the agency may verify the

16  correction of a class III or class IV deficiency unrelated to

17  resident rights or resident care without reinspecting the

18  facility if adequate written documentation has been received

19  from the facility, which provides assurance that the

20  deficiency has been corrected. The giving or causing to be

21  given of advance notice of such unannounced inspections by an

22  employee of the agency to any unauthorized person shall

23  constitute cause for suspension of not fewer than 5 working

24  days according to the provisions of chapter 110.

25         Section 5.  Paragraph (d) of subsection (1) of section

26  400.195, Florida Statutes, is amended to read:

27         400.195  Agency reporting requirements.--

28         (1)  For the period beginning June 30, 2001, and ending

29  June 30, 2005, the Agency for Health Care Administration shall

30  provide a report to the Governor, the President of the Senate,

31  and the Speaker of the House of Representatives with respect

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    Florida Senate - 2007                            CS for SB 682
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 1  to nursing homes.  The first report shall be submitted no

 2  later than December 30, 2002, and subsequent reports shall be

 3  submitted every 6 months thereafter.  The report shall

 4  identify facilities based on their ownership characteristics,

 5  size, business structure, for-profit or not-for-profit status,

 6  and any other characteristics the agency determines useful in

 7  analyzing the varied segments of the nursing home industry and

 8  shall report:  

 9         (d)  Information regarding deficiencies cited,

10  including information used to develop the Nursing Home Guide

11  WATCH LIST pursuant to s. 400.191, and applicable rules, a

12  summary of data generated on nursing homes by Centers for

13  Medicare and Medicaid Services Nursing Home Quality

14  Information Project, and information collected pursuant to s.

15  400.147(8) s. 400.147(9), relating to litigation.

16         Section 6.  Paragraph (a) of subsection (3) of section

17  400.23, Florida Statutes, is amended to read:

18         400.23  Rules; evaluation and deficiencies; licensure

19  status.--

20         (3)(a)1.  The agency shall adopt rules providing

21  minimum staffing requirements for nursing homes. These

22  requirements shall include, for each nursing home facility:

23         a.  A minimum certified nursing assistant staffing of

24  2.6 hours of direct care per resident per day beginning

25  January 1, 2003, and increasing to 2.7 hours of direct care

26  per resident per day beginning January 1, 2007. Beginning

27  January 1, 2002, a no facility may not shall staff below one

28  certified nursing assistant per 20 residents, and must provide

29  a minimum licensed nursing staffing of 1.0 hour of direct care

30  per resident per day but never below one licensed nurse per 40

31  residents.

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    Florida Senate - 2007                            CS for SB 682
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 1         b.  Beginning January 1, 2007, a minimum weekly average

 2  certified nursing assistant staffing of 2.9 hours of direct

 3  care per resident per day. For the purpose of this

 4  sub-subparagraph, a week is defined as Sunday through

 5  Saturday.

 6         2.  Nursing assistants employed under s. 400.211(2) may

 7  be included in computing the staffing ratio for certified

 8  nursing assistants only if their job responsibilities include

 9  only nursing-assistant-related duties.

10         3.  Each nursing home must document compliance with

11  staffing standards as required under this paragraph and post

12  daily the names of staff on duty for the benefit of facility

13  residents and the public. Compliance with federal posting

14  requirements satisfies the posting requirements in this

15  subparagraph.

16         4.  The agency shall recognize the use of licensed

17  nurses for compliance with minimum staffing requirements for

18  certified nursing assistants, provided that the facility

19  otherwise meets the minimum staffing requirements for licensed

20  nurses and that the licensed nurses are performing the duties

21  of a certified nursing assistant. Unless otherwise approved by

22  the agency, licensed nurses counted toward the minimum

23  staffing requirements for certified nursing assistants must

24  exclusively perform the duties of a certified nursing

25  assistant for the entire shift and not also be counted toward

26  the minimum staffing requirements for licensed nurses. If the

27  agency approved a facility's request to use a licensed nurse

28  to perform both licensed nursing and certified nursing

29  assistant duties, the facility must allocate the amount of

30  staff time specifically spent on certified nursing assistant

31  duties for the purpose of documenting compliance with minimum

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    Florida Senate - 2007                            CS for SB 682
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 1  staffing requirements for certified and licensed nursing

 2  staff. In no event may the hours of a licensed nurse with dual

 3  job responsibilities be counted twice.

 4         Section 7.  This act shall take effect July 1, 2007.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 682

 8                                 

 9  The committee substitute changes the "annual" survey to a
    "licensure" survey allowing the time frame between surveys to
10  extend to the 15-month period as outlined in the Florida
    Statutes. The committee substitute deletes the clarification
11  that "uncorrected" class III deficiencies would prevent a
    nursing facility with a conditional license from getting a
12  standard license. The committee substitute deletes the
    requirement that a nursing facility post a conditional license
13  after it has been issued by final order. The committee
    substitute deletes the revised definitions of the various
14  classes of deficiencies.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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