Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1736
       
       
       
       
       
       
                                Barcode 570218                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2011           .                                
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       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;