Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS/CS/CS/SB 1374, 1st Eng.
4/23/2008 12:16 PM
Senator Jones moved the following amendment:
Senate Amendment (with title amendment)
Delete line(s) 725-854
(c) A home health agency that is not Medicare or Medicaid
certified and does not provide skilled care or provides only
physical, occupational, or speech therapy is not required to have
a director of nursing and is exempt from paragraph (b).
(3) TRAINING.--A home health agency shall ensure that each
certified nursing assistant employed by or under contract with
the home health agency and each home health aide employed by or
under contract with the home health agency is adequately trained
to perform the tasks of a home health aide in the home setting.
(4) STAFFING.--Staffing services may be provided anywhere
within the state.
Section 6. Section 400.484, Florida Statutes, is amended to
400.484 Right of inspection; deficiencies; fines.--
(1) In addition to the requirements of s. 408.811, the
agency may make such inspections and investigations as are
necessary in order to determine the state of compliance with this
part, part II of chapter 408, and applicable rules.
(2) The agency shall impose fines for various classes of
deficiencies in accordance with the following schedule:
(a) A class I deficiency is any act, omission, or practice
that results in a patient's death, disablement, or permanent
injury, or places a patient at imminent risk of death,
disablement, or permanent injury. Upon finding a class I
deficiency, the agency shall may impose an administrative fine in
the amount of $15,000 $5,000 for each occurrence and each day
that the deficiency exists.
(b) A class II deficiency is any act, omission, or practice
that has a direct adverse effect on the health, safety, or
security of a patient. Upon finding a class II deficiency, the
agency shall may impose an administrative fine in the amount of
$5,000 $1,000 for each occurrence and each day that the
(c) A class III deficiency is any act, omission, or
practice that has an indirect, adverse effect on the health,
safety, or security of a patient. Upon finding an uncorrected or
repeated class III deficiency, the agency shall may impose an
administrative fine not to exceed $1,000 $500 for each occurrence
and each day that the uncorrected or repeated deficiency exists.
(d) A class IV deficiency is any act, omission, or practice
related to required reports, forms, or documents which does not
have the potential of negatively affecting patients. These
violations are of a type that the agency determines do not
threaten the health, safety, or security of patients. Upon
finding an uncorrected or repeated class IV deficiency, the
agency shall may impose an administrative fine not to exceed $500
$200 for each occurrence and each day that the uncorrected or
repeated deficiency exists.
(3) In addition to any other penalties imposed pursuant to
this section or part, the agency may assess costs related to an
investigation that results in a successful prosecution, excluding
costs associated with an attorney's time.
================ T I T L E A M E N D M E N T ================
And the title is amended as follows:
Delete line(s) 54-69
staffing requirements for a director of nursing; providing
for fines; exempting a home health agency that is not
Medicare or Medicaid certified and does not provide
skilled care or provides only physical, occupational, or
speech therapy from requirements related to a director of
nursing; providing training requirements for certified
nursing assistants and home health aides; amending s.
400.484, F.S.; requiring the agency to impose
administrative fines for certain deficiencies; increasing
the administrative fines imposed for certain deficiencies;
amending s. 400.491,
4/22/2008 9:23:00 AM 13-08204-08
CODING: Words stricken are deletions; words underlined are additions.