Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1736
       
       
       
       
       
       
                                Barcode 782692                          
       
                              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 1145 and 1146
    4  insert:
    5         Section 29. Section 400.145, Florida Statutes, is repealed.
    6         Section 30. Subsection (1) of section 400.0234, Florida
    7  Statutes, is amended to read:
    8         400.0234 Availability of facility records for investigation
    9  of resident’s rights violations and defenses; penalty.—
   10         (1) Failure to provide complete copies of a resident’s
   11  records, including, but not limited to, all medical records and
   12  the resident’s chart, within the control or possession of the
   13  facility constitutes in accordance with s. 400.145 shall
   14  constitute evidence of failure of that party to comply with good
   15  faith discovery requirements and waives shall waive the good
   16  faith certificate and presuit notice requirements under this
   17  part by the requesting party.
   18         Section 31. Subsection (1) of section 429.294, Florida
   19  Statutes, is amended to read:
   20         429.294 Availability of facility records for investigation
   21  of resident’s rights violations and defenses; penalty.—
   22         (1) Failure to provide complete copies of a resident’s
   23  records, including, but not limited to, all medical records and
   24  the resident’s chart, within the control or possession of the
   25  facility within 10 days, constitutes in accordance with the
   26  provisions of s. 400.145, shall constitute evidence of failure
   27  of that party to comply with good faith discovery requirements
   28  and waives shall waive the good faith certificate and presuit
   29  notice requirements under this part by the requesting party.
   30  
   31  ================= T I T L E  A M E N D M E N T ================
   32         And the title is amended as follows:
   33         Delete line 90
   34  and insert:
   35         repealing s. 400.145, F.S., relating requirements for
   36         furnishing the records of residents in a licensed
   37         nursing home to certain specified parties; amending
   38         ss. 400.0234 and 429.294, F.S.; conforming provisions
   39         to changes made by the act; amending s. 400.147, F.S.;
   40         revising reporting