Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 1736 Barcode 570218 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/22/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Regulation (Latvala) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 1344 and 1345 4 insert: 5 Section 36. Subsection (1) of section 400.509, Florida 6 Statutes, is amended to read: 7 400.509 Registration of particular service providers exempt 8 from licensure; certificate of registration; regulation of 9 registrants.— 10 (1) Any organization that provides companion services or 11 homemaker services and does not provide a home health service to 12 a person is exempt from licensure under this part. However, any 13 organization that provides companion services or homemaker 14 services must register with the agency. Organizations that 15 provide companion services only for persons with developmental 16 disabilities, as defined in s. 393.063, under contract with the 17 Agency for Persons with Disabilities, are exempt from 18 registration with the agency. 19 Section 37. For the purpose of incorporating the amendment 20 made by this act to section 400.509, Florida Statutes, in a 21 reference thereto, paragraph (b) of subsection (5) of section 22 400.464, Florida Statutes, is reenacted to read: 23 400.464 Home health agencies to be licensed; expiration of 24 license; exemptions; unlawful acts; penalties.— 25 (5) The following are exempt from the licensure 26 requirements of this part: 27 (b) Home health services provided by a state agency, either 28 directly or through a contractor with: 29 1. The Department of Elderly Affairs. 30 2. The Department of Health, a community health center, or 31 a rural health network that furnishes home visits for the 32 purpose of providing environmental assessments, case management, 33 health education, personal care services, family planning, or 34 followup treatment, or for the purpose of monitoring and 35 tracking disease. 36 3. Services provided to persons with developmental 37 disabilities, as defined in s. 393.063. 38 4. Companion and sitter organizations that were registered 39 under s. 400.509(1) on January 1, 1999, and were authorized to 40 provide personal services under a developmental services 41 provider certificate on January 1, 1999, may continue to provide 42 such services to past, present, and future clients of the 43 organization who need such services, notwithstanding the 44 provisions of this act. 45 5. The Department of Children and Family Services. 46 Section 38. For the purpose of incorporating the amendment 47 made by this act to section 400.509, Florida Statutes, in a 48 reference thereto, paragraph (a) of subsection (6) of section 49 400.506, Florida Statutes, is reenacted to read: 50 400.506 Licensure of nurse registries; requirements; 51 penalties.— 52 (6)(a) A nurse registry may refer for contract in private 53 residences registered nurses and licensed practical nurses 54 registered and licensed under part I of chapter 464, certified 55 nursing assistants certified under part II of chapter 464, home 56 health aides who present documented proof of successful 57 completion of the training required by rule of the agency, and 58 companions or homemakers for the purposes of providing those 59 services authorized under s. 400.509(1). A licensed nurse 60 registry shall ensure that each certified nursing assistant 61 referred for contract by the nurse registry and each home health 62 aide referred for contract by the nurse registry is adequately 63 trained to perform the tasks of a home health aide in the home 64 setting. Each person referred by a nurse registry must provide 65 current documentation that he or she is free from communicable 66 diseases. 67 68 ================= T I T L E A M E N D M E N T ================ 69 And the title is amended as follows: 70 71 Delete line 108 72 and insert: 73 74 schedule of home health agency inspection violations; 75 amending s. 400.509, F.S.; providing that 76 organizations that provide companion services only to 77 persons with developmental disabilities, under 78 contract with the Agency for Persons with 79 Disabilities, are exempt from registration with the 80 Agency for Health Care Administration; reenacting ss. 81 400.464(5)(b) and 400.506(6)(a), F.S., relating to 82 home health agencies and licensure of nurse 83 registries, respectively, to incorporate the amendment 84 made to s. 400.509, F.S., in references thereto;