| 1 | Representative Gaetz offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 4177 and 4178, insert: |
| 5 | Section 1. Paragraph (e) is added to subsection (8) of |
| 6 | section 400.23, Florida Statutes, to read: |
| 7 | 400.23 Rules; evaluation and deficiencies; licensure |
| 8 | status.- |
| 9 | (8) The agency shall adopt rules pursuant to this part and |
| 10 | part II of chapter 408 to provide that, when the criteria |
| 11 | established under subsection (2) are not met, such deficiencies |
| 12 | shall be classified according to the nature and the scope of the |
| 13 | deficiency. The scope shall be cited as isolated, patterned, or |
| 14 | widespread. An isolated deficiency is a deficiency affecting one |
| 15 | or a very limited number of residents, or involving one or a |
| 16 | very limited number of staff, or a situation that occurred only |
| 17 | occasionally or in a very limited number of locations. A |
| 18 | patterned deficiency is a deficiency where more than a very |
| 19 | limited number of residents are affected, or more than a very |
| 20 | limited number of staff are involved, or the situation has |
| 21 | occurred in several locations, or the same resident or residents |
| 22 | have been affected by repeated occurrences of the same deficient |
| 23 | practice but the effect of the deficient practice is not found |
| 24 | to be pervasive throughout the facility. A widespread deficiency |
| 25 | is a deficiency in which the problems causing the deficiency are |
| 26 | pervasive in the facility or represent systemic failure that has |
| 27 | affected or has the potential to affect a large portion of the |
| 28 | facility's residents. The agency shall indicate the |
| 29 | classification on the face of the notice of deficiencies as |
| 30 | follows: |
| 31 | (e) A deficiency identified by the agency in a nursing |
| 32 | home survey is not admissible for any purpose in an action under |
| 33 | ss. 400.023-400.0283. However, a survey deficiency citing a |
| 34 | resident on whose behalf the action is brought may be introduced |
| 35 | as evidence of negligence if the agency has determined that the |
| 36 | resident sustained actual harm as a result thereof. If a |
| 37 | claimant in an action under ss. 400-400.0238 was a member of a |
| 38 | survey resident roster or otherwise was the subject of any |
| 39 | survey by the agency and the agency did not allege or determine |
| 40 | that any deficiency occurred with respect to that claimant |
| 41 | during that survey, the licensee may introduce the absence of a |
| 42 | deficiency citation to refute an allegation of neglect or |
| 43 | noncompliance with regulatory standards. |
| 44 |
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| 45 |
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| 46 | ----------------------------------------------------- |
| 47 | T I T L E A M E N D M E N T |
| 48 | Remove line 311 and insert: |
| 49 | Are not intended to be reset by this act; amending s. 400.23, |
| 50 | F.S.; providing that certain deficiencies are not admissible in |
| 51 | certain actions; providing exceptions; providing for certain |