Florida Senate - 2010 SB 2340
By Senator Storms
10-01708B-10 20102340__
1 A bill to be entitled
2 An act relating to the Agency for Persons with
3 Disabilities; amending s. 39.201, F.S.; authorizing
4 the agency to use information in the Department of
5 Children and Family Services’ central abuse hotline
6 for licensure purposes; amending s. 120.80, F.S.;
7 authorizing the agency to conduct its own
8 administrative hearings relating to programs for
9 persons with disabilities; amending s. 393.067, F.S.;
10 requiring facility staff to obtain training in
11 detecting, reporting, and preventing abuse, neglect,
12 exploitation, and sexual abuse; amending s. 393.0673,
13 F.S.; revising the types of violations that may result
14 in license denial, revocation, or suspension or the
15 imposition of an administrative fine; amending s.
16 393.13, F.S.; providing that persons with
17 developmental disabilities have a right to be free
18 from abuse, neglect, exploitation, and sexual abuse
19 regardless of the setting; amending s. 393.506, F.S.;
20 providing that competency in the administration of
21 medication by certain routes can be assessed by
22 simulation during training; amending s. 400.063, F.S.;
23 conforming a cross-reference; providing an effective
24 date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (6) of section 39.201, Florida
29 Statutes, is amended to read:
30 39.201 Mandatory reports of child abuse, abandonment, or
31 neglect; mandatory reports of death; central abuse hotline.—
32 (6) Information in the central abuse hotline may not be
33 used for employment screening, except as provided in s.
34 39.202(2)(a) and (h). Information in the central abuse hotline
35 and the department’s automated abuse information system may be
36 used by the department, its authorized agents or contract
37 providers, the Department of Health, the Agency for Persons with
38 Disabilities as part of the licensure process pursuant to s.
39 393.067 or s. 393.0673, or county agencies as part of the
40 licensure or registration process pursuant to ss. 402.301
41 402.319 and ss. 409.175-409.176.
42 Section 2. Subsection (17) is added to section 120.80,
43 Florida Statutes, to read:
44 120.80 Exceptions and special requirements; agencies.—
45 (17) AGENCY FOR PERSONS WITH DISABILITIES.—Notwithstanding
46 s. 120.57(1)(a), hearings relating to the execution of social
47 and economic programs for persons with disabilities need not be
48 conducted by an administrative law judge assigned by the
49 division. These hearings shall be held in accordance with s.
50 393.125 and 42 C.F.R. part 431, subpart E. The agency may
51 contract with the Department of Children and Family Services to
52 provide a hearing officer in these matters.
53 Section 3. Paragraph (h) of subsection (4) and subsections
54 (7) and (9) of section 393.067, Florida Statutes, are amended to
55 read:
56 393.067 Facility licensure.—
57 (4) The application shall be under oath and shall contain
58 the following:
59 (h) Certification that the staff of the facility or program
60 will receive training to detect, report, and prevent abuse,
61 neglect, exploitation, and sexual abuse of residents and clients
62 as those terms are defined in s. 39.01 or s. 415.102.
63 (7) The agency shall adopt rules establishing minimum
64 standards for facilities and programs licensed under this
65 section, including rules requiring facilities and programs to
66 train staff to detect, report, and prevent abuse, neglect,
67 exploitation, and sexual abuse of residents and clients as those
68 terms are defined in s. 39.01 or s. 415.102, minimum standards
69 of quality and adequacy of client care, incident reporting
70 requirements, and uniform firesafety standards established by
71 the State Fire Marshal which are appropriate to the size of the
72 facility or of the component centers or units of the program.
73 (9) The agency may conduct unannounced inspections to
74 determine compliance by foster care facilities, group home
75 facilities, residential habilitation centers, and comprehensive
76 transitional education programs with the applicable provisions
77 of this chapter and the rules adopted pursuant hereto, including
78 the rules adopted for training staff of a facility or a program
79 to detect, report, and prevent abuse, neglect, exploitation, and
80 sexual abuse of residents and clients as those terms are defined
81 in s. 39.01 or s. 415.102. The facility or program shall make
82 copies of inspection reports available to the public upon
83 request.
84 Section 4. Subsections (1) and (2) of section 393.0673,
85 Florida Statutes, are amended, and present subsections (3)
86 through (7) of that section are redesignated as subsections (2)
87 through (6), respectively, to read:
88 393.0673 Denial, suspension, or revocation of license;
89 moratorium on admissions; administrative fines; procedures.—
90 (1) The agency may deny, revoke or suspend a license, or
91 impose an administrative fine of up to, not to exceed $1,000 per
92 violation per day, if the agency determines that a license
93 applicant or a licensee, as applicable, has committed one or
94 more of the following violations:
95 (a) The licensee has:
96 (a)1. Falsely represented or omitted a material fact in its
97 license application submitted under s. 393.067.;
98 (b)2. Had prior action taken against it under the Medicaid
99 or Medicare program.; or
100 (c)3. Failed to comply with the applicable requirements of
101 this chapter or rules applicable to a license applicant or a the
102 licensee.; or
103 (d)(b) Abused, neglected, or abandoned The Department of
104 Children and Family Services has verified that the licensee is
105 responsible for the abuse, neglect, or abandonment of a child as
106 those terms are defined in s. 39.01 or abused, neglected,
107 exploited, or sexually abused the abuse, neglect, or
108 exploitation of a vulnerable adult as those terms are defined in
109 s. 415.102.
110 (e) Knowingly submitted false or inaccurate information in
111 order to obtain payment for services.
112 (f) Knowingly used the funds, property, or identity of a
113 client for self-gain.
114 (g) Knowingly compromised the health, safety, or welfare of
115 a client.
116 (h) Knowingly violated the rights of a client as provided
117 in s. 393.13(3).
118 (i) Denied a client’s guardian, a minor’s parent, a
119 client’s waiver support coordinator, an agency employee, or
120 other authorized person access to a client.
121 (2) The agency may deny an application for licensure
122 submitted under s. 393.067 if:
123 (a) The applicant has:
124 1. Falsely represented or omitted a material fact in its
125 license application submitted under s. 393.067;
126 2. Had prior action taken against it under the Medicaid or
127 Medicare program;
128 3. Failed to comply with the applicable requirements of
129 this chapter or rules applicable to the applicant; or
130 4. Previously had a license to operate a residential
131 facility revoked by the agency, the Department of Children and
132 Family Services, or the Agency for Health Care Administration;
133 or
134 (b) The Department of Children and Family Services has
135 verified that the applicant is responsible for the abuse,
136 neglect, or abandonment of a child or the abuse, neglect, or
137 exploitation of a vulnerable adult.
138 Section 5. Paragraph (a) of subsection (3) of section
139 393.13, Florida Statutes, is amended to read:
140 393.13 Treatment of persons with developmental
141 disabilities.—
142 (3) RIGHTS OF ALL PERSONS WITH DEVELOPMENTAL DISABILITIES.
143 The rights described in this subsection shall apply to all
144 persons with developmental disabilities, whether or not such
145 persons are clients of the agency.
146 (a) Persons with developmental disabilities shall have a
147 right to dignity, privacy, and humane care, including the right
148 to be free from abuse, neglect, exploitation, and sexual abuse
149 as those terms are defined in s. 39.01 or s. 415.102 in
150 residential facilities.
151 Section 6. Subsection (2) of section 393.506, Florida
152 Statutes, is amended to read:
153 393.506 Administration of medication.—
154 (2) In order to supervise the self-administration of
155 medication or to administer medications as provided in
156 subsection (1), a direct service provider must satisfactorily
157 complete a training course of at least not less than 4 hours in
158 medication administration and be found competent to supervise
159 the self-administration of medication by a client or to
160 administer medication to a client in a safe and sanitary manner.
161 Competency in the administration of topical, transdermal, and
162 otic routes may be validated by simulation during the required
163 training course. Competency in all other routes of medication
164 administration must be assessed and validated at least annually
165 in an onsite setting and must include personally observing the
166 direct service provider satisfactorily:
167 (a) Supervising the self-administration of medication by a
168 client; and
169 (b) Administering medication to a client.
170 Section 7. Subsection (1) of section 400.063, Florida
171 Statutes, is amended to read:
172 400.063 Resident protection.—
173 (1) The Health Care Trust Fund shall be used for the
174 purpose of collecting and disbursing funds generated from the
175 license fees and administrative fines as provided for in ss.
176 393.0673(3) 393.0673(4), 400.062(3), 400.121(2), and 400.23(8).
177 Such funds shall be for the sole purpose of paying for the
178 appropriate alternate placement, care, and treatment of
179 residents who are removed from a facility licensed under this
180 part or a facility specified in s. 393.0678(1) in which the
181 agency determines that existing conditions or practices
182 constitute an immediate danger to the health, safety, or
183 security of the residents. If the agency determines that it is
184 in the best interest of the health, safety, or security of the
185 residents to provide for an orderly removal of the residents
186 from the facility, the agency may use utilize such funds to
187 maintain and care for the residents in the facility pending
188 removal and alternative placement. The maintenance and care of
189 the residents shall be under the direction and control of a
190 receiver appointed pursuant to s. 393.0678(1) or s. 400.126(1).
191 However, funds may be expended in an emergency upon a filing of
192 a petition for a receiver, upon the declaration of a state of
193 local emergency pursuant to s. 252.38(3)(a)5., or upon a duly
194 authorized local order of evacuation of a facility by emergency
195 personnel to protect the health and safety of the residents.
196 Section 8. This act shall take effect July 1, 2010.
197