Florida Senate - 2009                                    SB 1592
       
       
       
       By Senator Lynn
       
       
       
       
       7-00833-09                                            20091592__
    1                        A bill to be entitled                      
    2         An act relating to nurse registries and companion
    3         homemaker organizations; creating s. 400.510, F.S.;
    4         requiring nurse registries and organizations that
    5         provide companion or homemaker services to provide
    6         notice to patients or clients contracting with the
    7         registry or organization; specifying the contents of
    8         the notice; requiring the notice to be kept for 3
    9         years; providing an exception; requiring the Agency
   10         for Health Care Administration to develop a form for
   11         the notice; providing an effective date.
   12         
   13  Be It Enacted by the Legislature of the State of Florida:
   14         
   15         Section 1. Section 400.510, Florida Statutes, is created to
   16  read:
   17         400.510 Client notice.—
   18         (1) Each nurse registry licensed under s. 400.506 and each
   19  organization registered under s. 400.509 must provide to each
   20  patient or client who contracts with the nurse registry or
   21  organization for the referral of persons who provide, or for the
   22  provision of, nursing, certified nursing assistant, home health
   23  aide, companion, or homemaker services the following notice that
   24  identifies:
   25         (a) The nurse registry or organization as the referring
   26  entity or employer, joint employer, or leasing employer of the
   27  person providing the services; and
   28         (b) With respect to the person providing the services, who
   29  is responsible for:
   30         1. The day-to-day supervision of the person;
   31         2. Assigning duties to the person;
   32         3. Hiring, firing, and disciplining the person;
   33         4. Providing equipment or materials for use by the person;
   34         5. Checking the person's references; and
   35         6. Withholding the person's social security taxes.
   36         (2) The notice must be signed by the patient or client, a
   37  copy provided to the patient or client, and the signed original
   38  retained by the nurse registry or organization at its office for
   39  at least 3 years after the termination of the contract with the
   40  patient or client.
   41         (3) 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         (4) The consumer notice shall be on a form developed by the
   45  agency.
   46         Section 2. This act shall take effect July 1, 2009.