Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1736
       
       
       
       
       
       
                                Barcode 357892                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2011           .                                
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       The Committee on Health Regulation (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1344 and 1345
    4  insert:
    5         Section 36. Paragraph (a) of section (15) of section
    6  400.506, Florida Statutes, is amended, and subsection (18) is
    7  added to that section, to read:
    8         400.506 Licensure of nurse registries; requirements;
    9  penalties.—
   10         (15)(a) The agency may deny, suspend, or revoke the license
   11  of a nurse registry and shall impose a fine of $5,000 against a
   12  nurse registry that:
   13         1. Provides services to residents in an assisted living
   14  facility for which the nurse registry does not receive fair
   15  market value remuneration.
   16         2. Provides staffing to an assisted living facility for
   17  which the nurse registry does not receive fair market value
   18  remuneration.
   19         3. Fails to provide the agency, upon request, with copies
   20  of all contracts with assisted living facilities which were
   21  executed within the last 5 years.
   22         4. Gives remuneration to a case manager, discharge planner,
   23  facility-based staff member, or third-party vendor who is
   24  involved in the discharge planning process of a facility
   25  licensed under chapter 395 or this chapter and from whom the
   26  nurse registry receives referrals. A nurse registry is exempt
   27  from this subparagraph if it does not bill the Florida Medicaid
   28  program or the Medicare program or share a controlling interest
   29  with any entity licensed, registered, or certified under part II
   30  of chapter 408 that bills the Florida Medicaid program or the
   31  Medicare program.
   32         5. Gives remuneration to a physician, a member of the
   33  physician’s office staff, or an immediate family member of the
   34  physician, and the nurse registry received a patient referral in
   35  the last 12 months from that physician or the physician’s office
   36  staff. A nurse registry is exempt from this subparagraph if it
   37  does not bill the Florida Medicaid program or the Medicare
   38  program or share a controlling interest with any entity
   39  licensed, registered, or certified under part II of chapter 408
   40  that bills the Florida Medicaid program or the Medicare program.
   41         (18) An administrator may manage only one nurse registry,
   42  except that an administrator may manage up to five registries if
   43  all five registries have identical controlling interests as
   44  defined in s. 408.803 and are located within one agency
   45  geographic service area or within an immediately contiguous
   46  county. An administrator shall designate, in writing, for each
   47  licensed entity, a qualified alternate administrator to serve
   48  during the administrator’s absence.
   49  
   50  ================= T I T L E  A M E N D M E N T ================
   51         And the title is amended as follows:
   52         Between lines 108 and 109
   53  insert:
   54         amending s. 400.506, F.S.; revising the circumstances
   55         in which a nurse registry is exempt from the denial,
   56         suspension, or revocation of its license; authorizing
   57         an administrator to manage only one nurse registry;
   58         providing exceptions; requiring an administrator to
   59         designate a qualified alternative administrator to
   60         serve during the administrator’s absence;