| 1 | A bill to be entitled |
| 2 | An act relating to teaching nursing homes; amending s. |
| 3 | 430.80, F.S.; revising the term "teaching nursing home" as |
| 4 | it relates to the implementation of a teaching nursing |
| 5 | home pilot project; revising the requirements to be |
| 6 | designated as a teaching nursing home; amending s. |
| 7 | 400.141, F.S.; conforming a cross-reference; providing an |
| 8 | effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsections (1) and (3) of section 430.80, |
| 13 | Florida Statutes, are amended to read: |
| 14 | 430.80 Implementation of a teaching nursing home pilot |
| 15 | project.- |
| 16 | (1) As used in this section, the term "teaching nursing |
| 17 | home" means a nursing home facility licensed under chapter 400 |
| 18 | which contains a minimum of 170 400 licensed nursing home beds; |
| 19 | has access to a resident senior population of sufficient size to |
| 20 | support education, training, and research relating to geriatric |
| 21 | care; and has a contractual relationship with a federally funded |
| 22 | accredited geriatric research center in this state or operates |
| 23 | in its own right a geriatric research center. |
| 24 | (3) To be designated as a teaching nursing home, a nursing |
| 25 | home licensee must, at a minimum: |
| 26 | (a) Provide a comprehensive program of integrated senior |
| 27 | services that include institutional services and community-based |
| 28 | services; |
| 29 | (b) Participate in a nationally recognized accreditation |
| 30 | program and hold a valid accreditation, such as the |
| 31 | accreditation awarded by the Joint Commission on Accreditation |
| 32 | of Healthcare Organizations, or, at the time of initial |
| 33 | designation, possess a Gold Seal Award as conferred by the state |
| 34 | on its licensed nursing home; |
| 35 | (c) Have been in business in this state for a minimum of |
| 36 | 10 consecutive years; |
| 37 | (d) Demonstrate an active program in multidisciplinary |
| 38 | education and research that relates to gerontology; |
| 39 | (e) Have a formalized contractual relationship with at |
| 40 | least one accredited health profession education program located |
| 41 | in this state; |
| 42 | (f) Have a formalized contractual relationship with an |
| 43 | accredited hospital that is designated by law as a teaching |
| 44 | hospital; and |
| 45 | (f)(g) Have senior staff members who hold formal faculty |
| 46 | appointments at universities, which must include at least one |
| 47 | accredited health profession education program; and. |
| 48 | (g)(h) Maintain insurance coverage pursuant to s. |
| 49 | 400.141(1)(s) or proof of financial responsibility in a minimum |
| 50 | amount of $750,000. Such proof of financial responsibility may |
| 51 | include: |
| 52 | 1. Maintaining an escrow account consisting of cash or |
| 53 | assets eligible for deposit in accordance with s. 625.52; or |
| 54 | 2. Obtaining and maintaining pursuant to chapter 675 an |
| 55 | unexpired, irrevocable, nontransferable and nonassignable letter |
| 56 | of credit issued by any bank or savings association organized |
| 57 | and existing under the laws of this state or any bank or savings |
| 58 | association organized under the laws of the United States that |
| 59 | has its principal place of business in this state or has a |
| 60 | branch office which is authorized to receive deposits in this |
| 61 | state. The letter of credit shall be used to satisfy the |
| 62 | obligation of the facility to the claimant upon presentment of a |
| 63 | final judgment indicating liability and awarding damages to be |
| 64 | paid by the facility or upon presentment of a settlement |
| 65 | agreement signed by all parties to the agreement when such final |
| 66 | judgment or settlement is a result of a liability claim against |
| 67 | the facility. |
| 68 | Section 2. Paragraph (s) of subsection (1) of section |
| 69 | 400.141, Florida Statutes, is amended to read: |
| 70 | 400.141 Administration and management of nursing home |
| 71 | facilities.- |
| 72 | (1) Every licensed facility shall comply with all |
| 73 | applicable standards and rules of the agency and shall: |
| 74 | (s) Maintain general and professional liability insurance |
| 75 | coverage that is in force at all times. In lieu of general and |
| 76 | professional liability insurance coverage, a state-designated |
| 77 | teaching nursing home and its affiliated assisted living |
| 78 | facilities created under s. 430.80 may demonstrate proof of |
| 79 | financial responsibility as provided in s. 430.80(3)(g)(h). |
| 80 | Section 3. This act shall take effect July 1, 2010. |