Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1592
       
       
       
       
       
       
                                Barcode 533866                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Health and Human Services Appropriations (Rich)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 400.510, Florida Statutes, is created to
    6  read:
    7         400.510 Client notice.—
    8         (1) Each nurse registry licensed under s. 400.506 and each
    9  organization registered under s. 400.509 must provide to each
   10  patient or client the following notice that identifies:
   11         (a) The nurse registry or organization as the referring
   12  entity or employer, joint employer, or leasing employer of the
   13  person providing the services; and
   14         (b) With respect to the person providing the services, who
   15  is responsible for:
   16         1. Daily supervision of the person;
   17         2. Assigning duties to the person;
   18         3. Hiring, firing, and disciplining the person;
   19         4. Providing equipment or materials for use by the person;
   20         5. Checking the person’s references; and
   21         6. Withholding the person’s social security taxes.
   22         (2) Each organization registered under s. 400.509 must
   23  include in the notice required by subsection 1 the following
   24  language in bold, capitalized letters in at least 12-point type:
   25  
   26                       PLEASE READ CAREFULLY:                      
   27         THIS ORGANIZATION IS A COMPANION SITTER/HOMEMAKER
   28         SERVICE THAT IS REGISTERED, BUT NOT LICENSED BY THE
   29         FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION.
   30         ACCORDINGLY, IT IS NOT AUTHORIZED TO PROVIDE YOU WITH
   31         ANY PERSONAL OR HANDS-ON CARE, INCLUDING ASSISTANCE
   32         WITH BATHING, FEEDING, DRESSING, TOILETING,
   33         MEDICATION, OR GETTING IN OR OUT OF BED.
   34  
   35         (3) The notice must be signed by the patient, the client,
   36  or the legal representative of the patient or client no later
   37  than the date the contract for health care services is executed
   38  and must be retained by the nurse registry or organization at
   39  its office for at least 3 years after the termination of the
   40  contract with the patient or client.
   41         (4) Notice is not required when the person providing the
   42  services is temporarily substituting for the patient’s or
   43  client’s regular service worker.
   44         (5) The consumer notice shall be on a form developed by the
   45  agency.
   46         Section 2. This act shall take effect July 1, 2009.
   47  
   48  ================= T I T L E  A M E N D M E N T ================
   49         And the title is amended as follows:
   50         Delete everything before the enacting clause
   51  and insert:
   52                        A bill to be entitled                      
   53         An act relating to homemaker services; creating s.
   54         400.510, F.S.; requiring each nurse registry and each
   55         organization that provides companion services or
   56         homemaker services to provide a notice to each patient
   57         or client; providing the information to be included in
   58         the notice; requiring the notice to be signed by
   59         certain persons; providing circumstances when notice
   60         is not required; providing that the notice be on a
   61         form developed by the Agency for Health Care
   62         Administration; providing an effective date.