1

A bill to be entitled

2

An act relating to nursing facilities; amending s.

3

400.141, F.S.; authorizing certain licensed nursing

4

facilities to develop a plan to provide certain training

5

for nursing assistants; providing for rules relating to

6

agency approval of training programs; amending s. 400.147,

7

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

8

requirement that a nursing facility notify the agency of

9

an adverse incident; deleting notification requirements;

10

requiring that a risk manager determine if an incident was

11

an adverse incident; providing that federal reporting

12

requirements are not affected; amending s. 400.19, F.S.;

13

providing that the most recent survey is a licensure

14

survey under certain conditions for purposes of future

15

survey scheduling; amending s. 400.195, F.S., relating to

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agency reporting requirements; conforming a cross-

17

reference; amending s. 400.23, F.S.; providing that

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compliance with federal posting requirements for staffing

19

standards satisfies state posting requirements; deleting

20

provisions requiring agency approval in order for a

21

nursing home to use licensed nurses to perform certain

22

duties; providing an effective date.

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24

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

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26

     Section 1.  Section 400.141, Florida Statutes, is amended to

27

read:

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     400.141  Administration and management of nursing home

29

facilities.--Every licensed facility shall comply with all

30

applicable standards and rules of the agency and shall:

31

     (1)  Be under the administrative direction and charge of a

32

licensed administrator.

33

     (2)  Appoint a medical director licensed pursuant to chapter

34

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

35

specific criteria for the appointment of a medical director.

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

37

services of physicians licensed by the state.

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

39

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

40

notwithstanding, a registered pharmacist licensed in Florida,

41

that is under contract with a facility licensed under this

42

chapter or chapter 429, shall repackage a nursing facility

43

resident's bulk prescription medication which has been packaged

44

by another pharmacist licensed in any state in the United States

45

into a unit dose system compatible with the system used by the

46

nursing facility, if the pharmacist is requested to offer such

47

service. In order to be eligible for the repackaging, a resident

48

or the resident's spouse must receive prescription medication

49

benefits provided through a former employer as part of his or her

50

retirement benefits, a qualified pension plan as specified in s.

51

4972 of the Internal Revenue Code, a federal retirement program

52

as specified under 5 C.F.R. s. 831, or a long-term care policy as

53

defined in s. 627.9404(1). A pharmacist who correctly repackages

54

and relabels the medication and the nursing facility which

55

correctly administers such repackaged medication under the

56

provisions of this subsection shall not be held liable in any

57

civil or administrative action arising from the repackaging. In

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order to be eligible for the repackaging, a nursing facility

59

resident for whom the medication is to be repackaged shall sign

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an informed consent form provided by the facility which includes

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an explanation of the repackaging process and which notifies the

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resident of the immunities from liability provided herein. A

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pharmacist who repackages and relabels prescription medications,

64

as authorized under this subsection, may charge a reasonable fee

65

for costs resulting from the implementation of this provision.

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

67

dental and other health-related services, recreational services,

68

rehabilitative services, and social work services appropriate to

69

their needs and conditions and not directly furnished by the

70

licensee.  When a geriatric outpatient nurse clinic is conducted

71

in accordance with rules adopted by the agency, outpatients

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attending such clinic shall not be counted as part of the general

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resident population of the nursing home facility, nor shall the

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nursing staff of the geriatric outpatient clinic be counted as

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part of the nursing staff of the facility, until the outpatient

76

clinic load exceeds 15 a day.

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

78

other needed services under certain conditions. If the facility

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has a standard licensure status, and has had no class I or class

80

II deficiencies during the past 2 years or has been awarded a

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Gold Seal under the program established in s. 400.235, it may be

82

encouraged by the agency to provide services, including, but not

83

limited to, respite and adult day services, which enable

84

individuals to move in and out of the facility.  A facility is

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not subject to any additional licensure requirements for

86

providing these services. Respite care may be offered to persons

87

in need of short-term or temporary nursing home services. Respite

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care must be provided in accordance with this part and rules

89

adopted by the agency. However, the agency shall, by rule, adopt

90

modified requirements for resident assessment, resident care

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plans, resident contracts, physician orders, and other

92

provisions, as appropriate, for short-term or temporary nursing

93

home services.  The agency shall allow for shared programming and

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staff in a facility which meets minimum standards and offers

95

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

96

cited for deficiencies in patient care, may require additional

97

staff and programs appropriate to the needs of service

98

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

99

as a resident of the facility for purposes of the facility's

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licensed capacity unless that person receives 24-hour respite

101

care. A person receiving either respite care for 24 hours or

102

longer or adult day services must be included when calculating

103

minimum staffing for the facility. Any costs and revenues

104

generated by a nursing home facility from nonresidential programs

105

or services shall be excluded from the calculations of Medicaid

106

per diems for nursing home institutional care reimbursement.

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

108

Seal facility, exceeds the minimum required hours of licensed

109

nursing and certified nursing assistant direct care per resident

110

per day, and is part of a continuing care facility licensed under

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chapter 651 or a retirement community that offers other services

112

pursuant to part III of this chapter or part I or part III of

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chapter 429 on a single campus, be allowed to share programming

114

and staff. At the time of inspection and in the semiannual report

115

required pursuant to subsection (15), a continuing care facility

116

or retirement community that uses this option must demonstrate

117

through staffing records that minimum staffing requirements for

118

the facility were met. Licensed nurses and certified nursing

119

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

120

provide services elsewhere on campus if the facility exceeds the

121

minimum number of direct care hours required per resident per day

122

and the total number of residents receiving direct care services

123

from a licensed nurse or a certified nursing assistant does not

124

cause the facility to violate the staffing ratios required under

125

s. 400.23(3)(a). Compliance with the minimum staffing ratios

126

shall be based on total number of residents receiving direct care

127

services, regardless of where they reside on campus. If the

128

facility receives a conditional license, it may not share staff

129

until the conditional license status ends. This subsection does

130

not restrict the agency's authority under federal or state law to

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require additional staff if a facility is cited for deficiencies

132

in care which are caused by an insufficient number of certified

133

nursing assistants or licensed nurses. The agency may adopt rules

134

for the documentation necessary to determine compliance with this

135

provision.

136

     (8)  Maintain the facility premises and equipment and

137

conduct its operations in a safe and sanitary manner.

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

139

wholesome and nourishing diet sufficient to meet generally

140

accepted standards of proper nutrition for its residents and

141

provide such therapeutic diets as may be prescribed by attending

142

physicians.  In making rules to implement this subsection, the

143

agency shall be guided by standards recommended by nationally

144

recognized professional groups and associations with knowledge of

145

dietetics.

146

     (10)  Keep full records of resident admissions and

147

discharges; medical and general health status, including medical

148

records, personal and social history, and identity and address of

149

next of kin or other persons who may have responsibility for the

150

affairs of the residents; and individual resident care plans

151

including, but not limited to, prescribed services, service

152

frequency and duration, and service goals.  The records shall be

153

open to inspection by the agency.

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     (11)  Keep such fiscal records of its operations and

155

conditions as may be necessary to provide information pursuant to

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this part.

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     (12)  Furnish copies of personnel records for employees

158

affiliated with such facility, to any other facility licensed by

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this state requesting this information pursuant to this part.  

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Such information contained in the records may include, but is not

161

limited to, disciplinary matters and any reason for termination.

162

Any facility releasing such records pursuant to this part shall

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be considered to be acting in good faith and may not be held

164

liable for information contained in such records, absent a

165

showing that the facility maliciously falsified such records.

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     (13)  Publicly display a poster provided by the agency

167

containing the names, addresses, and telephone numbers for the

168

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

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Agency for Health Care Administration consumer hotline, the

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Advocacy Center for Persons with Disabilities, the Florida

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Statewide Advocacy Council, and the Medicaid Fraud Control Unit,

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with a clear description of the assistance to be expected from

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each.

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     (14)  Submit to the agency the information specified in s.

175

400.071(1)(b) for a management company within 30 days after the

176

effective date of the management agreement.

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

178

if requested by the agency, information regarding facility staff-

179

to-resident ratios, staff turnover, and staff stability,

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including information regarding certified nursing assistants,

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licensed nurses, the director of nursing, and the facility

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administrator. For purposes of this reporting:

183

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

184

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

185

ratio must be reported as an average for the most recent calendar

186

quarter.

187

     (b)  Staff turnover must be reported for the most recent 12-

188

month period ending on the last workday of the most recent

189

calendar quarter prior to the date the information is submitted.

190

The turnover rate must be computed quarterly, with the annual

191

rate being the cumulative sum of the quarterly rates. The

192

turnover rate is the total number of terminations or separations

193

experienced during the quarter, excluding any employee terminated

194

during a probationary period of 3 months or less, divided by the

195

total number of staff employed at the end of the period for which

196

the rate is computed, and expressed as a percentage.

197

     (c)  The formula for determining staff stability is the

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total number of employees that have been employed for more than

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12 months, divided by the total number of employees employed at

200

the end of the most recent calendar quarter, and expressed as a

201

percentage.

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

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minimum-staffing requirements for 2 consecutive days is

204

prohibited from accepting new admissions until the facility has

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achieved the minimum-staffing requirements for a period of 6

206

consecutive days. For the purposes of this paragraph, any person

207

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

208

facility for the purpose of receiving medical care at a separate

209

location or was on a leave of absence is not considered a new

210

admission. Failure to impose such an admissions moratorium

211

constitutes a class II deficiency.

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

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license may be cited for failure to comply with the standards in

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s. 400.23(3)(a)1.a. only if it has failed to meet those standards

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on 2 consecutive days or if it has failed to meet at least 97

216

percent of those standards on any one day.

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

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

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

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impose a deficiency or take other actions if a facility does not

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have enough staff to meet the residents' needs.

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

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facility which are available for resident occupancy on the day

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the information is reported.

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     (17)  Notify a licensed physician when a resident exhibits

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signs of dementia or cognitive impairment or has a change of

228

condition in order to rule out the presence of an underlying

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physiological condition that may be contributing to such dementia

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or impairment. The notification must occur within 30 days after

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the acknowledgment of such signs by facility staff. If an

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underlying condition is determined to exist, the facility shall

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arrange, with the appropriate health care provider, the necessary

234

care and services to treat the condition.

235

     (18)  If the facility implements a dining and hospitality

236

attendant program, ensure that the program is developed and

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implemented under the supervision of the facility director of

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nursing. A licensed nurse, licensed speech or occupational

239

therapist, or a registered dietitian must conduct training of

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dining and hospitality attendants. A person employed by a

241

facility as a dining and hospitality attendant must perform tasks

242

under the direct supervision of a licensed nurse.

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     (19)  Report to the agency any filing for bankruptcy

244

protection by the facility or its parent corporation, divestiture

245

or spin-off of its assets, or corporate reorganization within 30

246

days after the completion of such activity.

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     (20)  Maintain general and professional liability insurance

248

coverage that is in force at all times. In lieu of general and

249

professional liability insurance coverage, a state-designated

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teaching nursing home and its affiliated assisted living

251

facilities created under s. 430.80 may demonstrate proof of

252

financial responsibility as provided in s. 430.80(3)(h).

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

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daily chart of certified nursing assistant services provided to

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the resident. The certified nursing assistant who is caring for

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the resident must complete this record by the end of his or her

257

shift. This record must indicate assistance with activities of

258

daily living, assistance with eating, and assistance with

259

drinking, and must record each offering of nutrition and

260

hydration for those residents whose plan of care or assessment

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indicates a risk for malnutrition or dehydration.

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

263

availability of an adequate supply of the necessary vaccine,

264

provide for immunizations against influenza viruses to all its

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consenting residents in accordance with the recommendations of

266

the United States Centers for Disease Control and Prevention,

267

subject to exemptions for medical contraindications and religious

268

or personal beliefs. Subject to these exemptions, any consenting

269

person who becomes a resident of the facility after November 30

270

but before March 31 of the following year must be immunized

271

within 5 working days after becoming a resident. Immunization

272

shall not be provided to any resident who provides documentation

273

that he or she has been immunized as required by this subsection.

274

This subsection does not prohibit a resident from receiving the

275

immunization from his or her personal physician if he or she so

276

chooses. A resident who chooses to receive the immunization from

277

his or her personal physician shall provide proof of immunization

278

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

279

necessary to comply with or implement this subsection.

280

     (23)  Assess all residents for eligibility for pneumococcal

281

polysaccharide vaccination (PPV) and vaccinate residents when

282

indicated within 60 days after the effective date of this act in

283

accordance with the recommendations of the United States Centers

284

for Disease Control and Prevention, subject to exemptions for

285

medical contraindications and religious or personal beliefs.

286

Residents admitted after the effective date of this act shall be

287

assessed within 5 working days of admission and, when indicated,

288

vaccinated within 60 days in accordance with the recommendations

289

of the United States Centers for Disease Control and Prevention,

290

subject to exemptions for medical contraindications and religious

291

or personal beliefs. Immunization shall not be provided to any

292

resident who provides documentation that he or she has been

293

immunized as required by this subsection. This subsection does

294

not prohibit a resident from receiving the immunization from his

295

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

296

chooses to receive the immunization from his or her personal

297

physician shall provide proof of immunization to the facility.

298

The agency may adopt and enforce any rules necessary to comply

299

with or implement this subsection.

300

     (24)  Annually encourage and promote to its employees the

301

benefits associated with immunizations against influenza viruses

302

in accordance with the recommendations of the United States

303

Centers for Disease Control and Prevention. The agency may adopt

304

and enforce any rules necessary to comply with or implement this

305

subsection.

306

307

Facilities having a standard license that have been awarded a

308

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

309

a plan to provide certified nursing assistant training as

310

prescribed by federal regulations and state rules and may apply

311

to the agency for approval of their program. The agency may adopt

312

rules relating to the approval, suspension, or termination of a

313

certified nursing assistant training program.

314

     Section 2.  Subsections (5) through (15) of section 400.147,

315

Florida Statutes, are amended to read:

316

     400.147  Internal risk management and quality assurance

317

program.--

318

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

319

section, the term "adverse incident" means:

320

     (a)  An event over which facility personnel could exercise

321

control and which is associated in whole or in part with the

322

facility's intervention, rather than the condition for which such

323

intervention occurred, and which results in one of the following:

324

     1.  Death;

325

     2.  Brain or spinal damage;

326

     3.  Permanent disfigurement;

327

     4.  Fracture or dislocation of bones or joints;

328

     5.  A limitation of neurological, physical, or sensory

329

function;

330

     6.  Any condition that required medical attention to which

331

the resident has not given his or her informed consent, including

332

failure to honor advanced directives; or

333

     7.  Any condition that required the transfer of the

334

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

335

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

336

the resident's condition prior to the adverse incident;

337

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

338

415.102;

339

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

340

     (d)  Resident elopement; or

341

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

342

for investigation.

343

     (6)  The internal risk manager of each licensed facility

344

shall:

345

     (a)  Investigate every allegation of sexual misconduct which

346

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

347

direct patient contact when the allegation is that the sexual

348

misconduct occurred at the facility or at the grounds of the

349

facility;

350

     (b)  Report every allegation of sexual misconduct to the

351

administrator of the licensed facility; and

352

     (c)  Notify the resident representative or guardian of the

353

victim that an allegation of sexual misconduct has been made and

354

that an investigation is being conducted.

355

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

356

shall notify the agency within 1 business day after the risk

357

manager or his or her designee has received a report pursuant to

358

paragraph (1)(d). The notification must be made in writing and be

359

provided electronically, by facsimile device or overnight mail

360

delivery. The notification must include information regarding the

361

identity of the affected resident, the type of adverse incident,

362

the initiation of an investigation by the facility, and whether

363

the events causing or resulting in the adverse incident represent

364

a potential risk to any other resident. The notification is

365

confidential as provided by law and is not discoverable or

366

admissible in any civil or administrative action, except in

367

disciplinary proceedings by the agency or the appropriate

368

regulatory board. The agency may investigate, as it deems

369

appropriate, any such incident and prescribe measures that must

370

or may be taken in response to the incident. The agency shall

371

review each incident and determine whether it potentially

372

involved conduct by the health care professional who is subject

373

to disciplinary action, in which case the provisions of s.

374

456.073 shall apply.

375

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

376

and submit an adverse incident report to the agency for each

377

adverse incident within 15 calendar days after its occurrence.

378

If, after a complete investigation, the risk manager determines

379

that the incident was not an adverse incident as defined in

380

subsection (5), the facility shall include this information in

381

the report. The agency shall develop a form for reporting this

382

information.

383

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

384

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

385

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

386

by the agency. The agency shall determine whether any of the

387

incidents potentially involved conduct by a health care

388

professional who is subject to disciplinary action, in which case

389

the provisions of s. 456.073 shall apply.

390

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

391

the name of the risk manager of the facility.

392

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

393

provided by law and is not discoverable or admissible in any

394

civil or administrative action, except in disciplinary

395

proceedings by the agency or the appropriate regulatory board.

396

     (f) Federal reporting requirements are not affected by

397

provisions in this subsection.

398

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

399

this section shall report any notice received pursuant to s.

400

400.0233(2) and each initial complaint that was filed with the

401

clerk of the court and served on the facility during the previous

402

month by a resident or a resident's family member, guardian,

403

conservator, or personal legal representative. The report must

404

include the name of the resident, the resident's date of birth

405

and social security number, the Medicaid identification number

406

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

407

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

408

the type of injury or violation of rights alleged to have

409

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

410

received pursuant to s. 400.0233(2) and complaints filed with the

411

clerk of the court. This report is confidential as provided by

412

law and is not discoverable or admissible in any civil or

413

administrative action, except in such actions brought by the

414

agency to enforce the provisions of this part.

415

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

416

inspection process, the internal risk management and quality

417

assurance program at each facility regulated by this section to

418

determine whether the program meets standards established in

419

statutory laws and rules, is being conducted in a manner designed

420

to reduce adverse incidents, and is appropriately reporting

421

incidents as required by this section.

422

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

423

a cause of action for damages may not arise against, any risk

424

manager for the implementation and oversight of the internal risk

425

management and quality assurance program in a facility licensed

426

under this part as required by this section, or for any act or

427

proceeding undertaken or performed within the scope of the

428

functions of such internal risk management and quality assurance

429

program if the risk manager acts without intentional fraud.

430

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

431

incident reports prescribed in subsection (7), or through any

432

investigation, has a reasonable belief that conduct by a staff

433

member or employee of a facility is grounds for disciplinary

434

action by the appropriate regulatory board, the agency shall

435

report this fact to the regulatory board.

436

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

437

section.

438

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

439

Legislature a report on nursing home adverse incidents. The

440

report must include the following information arranged by county:

441

     (a)  The total number of adverse incidents.

442

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

443

incidents, the number of incidents occurring within each

444

category, and the type of staff involved.

445

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

446

and the number of injuries occurring within each category.

447

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

448

incident or reportable injury.

449

     (e)  Disciplinary action taken against staff, categorized by

450

type of staff involved.

451

     (14)(15) Information gathered by a credentialing

452

organization under a quality assurance program is not

453

discoverable from the credentialing organization. This subsection

454

does not limit discovery of, access to, or use of facility

455

records, including those records from which the credentialing

456

organization gathered its information.

457

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

458

Statutes, is amended to read:

459

     400.19  Right of entry and inspection.--

460

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

461

unannounced inspection to determine compliance by the licensee

462

with statutes, and with rules adopted promulgated under the

463

provisions of those statutes, governing minimum standards of

464

construction, quality and adequacy of care, and rights of

465

residents. The survey shall be conducted every 6 months for the

466

next 2-year period if the facility has been cited for a class I

467

deficiency, has been cited for two or more class II deficiencies

468

arising from separate surveys or investigations within a 60-day

469

period, or has had three or more substantiated complaints within

470

a 6-month period, each resulting in at least one class I or class

471

II deficiency. In addition to any other fees or fines in this

472

part, the agency shall assess a fine for each facility that is

473

subject to the 6-month survey cycle. The fine for the 2-year

474

period shall be $6,000, one-half to be paid at the completion of

475

each survey. The agency may adjust this fine by the change in the

476

Consumer Price Index, based on the 12 months immediately

477

preceding the increase, to cover the cost of the additional

478

surveys. If such deficiencies are overturned as the result of

479

administrative action but additional surveys have already been

480

conducted pursuant to this section, the most recent survey shall

481

be considered a licensure survey for purposes of scheduling

482

future surveys. The agency shall verify through subsequent

483

inspection that any deficiency identified during inspection is

484

corrected. However, the agency may verify the correction of a

485

class III or class IV deficiency unrelated to resident rights or

486

resident care without reinspecting the facility if adequate

487

written documentation has been received from the facility, which

488

provides assurance that the deficiency has been corrected. The

489

giving or causing to be given of advance notice of such

490

unannounced inspections by an employee of the agency to any

491

unauthorized person shall constitute cause for suspension of not

492

fewer than 5 working days according to the provisions of chapter

493

110.

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     Section 4.  Paragraph (d) of subsection (1) of section

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400.195, Florida Statutes, is amended to read:

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     400.195  Agency reporting requirements.--

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

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30, 2005, the Agency for Health Care Administration shall provide

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a report to the Governor, the President of the Senate, and the

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Speaker of the House of Representatives with respect to nursing

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homes.  The first report shall be submitted no later than

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December 30, 2002, and subsequent reports shall be submitted

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every 6 months thereafter.  The report shall identify facilities

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based on their ownership characteristics, size, business

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structure, for-profit or not-for-profit status, and any other

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characteristics the agency determines useful in analyzing the

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varied segments of the nursing home industry and shall report:

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     (d)  Information regarding deficiencies cited, including

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information used to develop the Nursing Home Guide WATCH LIST

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pursuant to s. 400.191, and applicable rules, a summary of data

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generated on nursing homes by Centers for Medicare and Medicaid

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Services Nursing Home Quality Information Project, and

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information collected pursuant to s. 400.147(8) s. 400.147(9),

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relating to litigation.

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     Section 5.  Paragraph (a) of subsection (3) of section

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400.23, Florida Statutes, is amended to read:

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     400.23  Rules; evaluation and deficiencies; licensure

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status.--

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

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staffing requirements for nursing homes. These requirements shall

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include, for each nursing home facility:

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     a.  A minimum certified nursing assistant staffing of 2.6

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hours of direct care per resident per day beginning January 1,

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2003, and increasing to 2.7 hours of direct care per resident per

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day beginning January 1, 2007. Beginning January 1, 2002, a no

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facility may not shall staff below one certified nursing

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assistant per 20 residents, and must provide a minimum licensed

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nursing staffing of 1.0 hour of direct care per resident per day

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but never below one licensed nurse per 40 residents.

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     b.  Beginning January 1, 2007, a minimum weekly average

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certified nursing assistant staffing of 2.9 hours of direct care

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per resident per day. For the purpose of this sub-subparagraph, a

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week is defined as Sunday through Saturday.

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

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included in computing the staffing ratio for certified nursing

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assistants only if their job responsibilities include only

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nursing-assistant-related duties.

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     3.  Each nursing home must document compliance with staffing

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standards as required under this paragraph and post daily the

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names of staff on duty for the benefit of facility residents and

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the public. Compliance with federal posting requirements

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satisfies the posting requirements in this subparagraph.

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     4.  The agency shall recognize the use of licensed nurses

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for compliance with minimum staffing requirements for certified

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nursing assistants, provided that the facility otherwise meets

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the minimum staffing requirements for licensed nurses and that

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the licensed nurses are performing the duties of a certified

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nursing assistant. Unless otherwise approved by the agency,

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Licensed nurses counted toward the minimum staffing requirements

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for certified nursing assistants must exclusively perform the

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duties of a certified nursing assistant for the entire shift and

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not also be counted toward the minimum staffing requirements for

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licensed nurses. If the agency approved a facility's request to

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use a licensed nurse to perform both licensed nursing and

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certified nursing assistant duties, The facility must allocate

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the amount of staff time specifically spent on certified nursing

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assistant duties for the purpose of documenting compliance with

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minimum staffing requirements for certified and licensed nursing

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

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job responsibilities be counted twice.

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     Section 6.  This act shall take effect July 1, 2008.