Florida Senate - 2011                (Corrected Copy)    SB 1736
       
       
       
       By Senator Latvala
       
       
       
       
       16-00957E-11                                          20111736__
    1                        A bill to be entitled                      
    2         An act relating to health care; amending s. 112.0455,
    3         F.S., relating to the Drug-Free Workplace Act;
    4         deleting an obsolete provision; deleting a provision
    5         that requires a laboratory to submit to the Agency for
    6         Health Care Administration a monthly report containing
    7         statistical information regarding the testing of
    8         employees and job applicants; repealing s. 383.325,
    9         F.S., relating to confidentiality of inspection
   10         reports of licensed birth center facilities; amending
   11         s. 395.002, F.S.; revising and deleting definitions
   12         applicable to regulation of hospitals and other
   13         licensed facilities; conforming a cross-reference;
   14         amending s. 395.003, F.S.; deleting an obsolete
   15         provision; conforming a cross-reference; amending s.
   16         395.0193, F.S.; requiring a licensed facility to
   17         report certain peer review information and final
   18         disciplinary actions to the Division of Medical
   19         Quality Assurance of the Department of Health rather
   20         than the Division of Health Quality Assurance of the
   21         Agency for Health Care Administration; amending s.
   22         395.1023, F.S.; providing for the Department of
   23         Children and Family Services rather than the
   24         Department of Health to perform certain functions with
   25         respect to child protection cases; requiring certain
   26         hospitals to notify the Department of Children and
   27         Family Services of compliance; amending s. 395.1041,
   28         F.S., relating to hospital emergency services and
   29         care; deleting obsolete provisions; repealing s.
   30         395.1046, F.S., relating to complaint investigation
   31         procedures; amending s. 395.1055, F.S.; requiring
   32         licensed facility beds to conform to standards
   33         specified by the Agency for Health Care
   34         Administration, the Florida Building Code, and the
   35         Florida Fire Prevention Code; amending s. 395.10972,
   36         F.S.; revising a reference to the Florida Society of
   37         Healthcare Risk Management to conform to the current
   38         designation; amending s. 395.2050, F.S.; revising a
   39         reference to the federal Health Care Financing
   40         Administration to conform to the current designation;
   41         amending s. 395.3036, F.S.; correcting a reference;
   42         repealing s. 395.3037, F.S., relating to redundant
   43         definitions; amending ss. 154.11, 394.741, 395.3038,
   44         400.925, 400.9935, 408.05, 440.13, 627.645, 627.668,
   45         627.669, 627.736, 641.495, and 766.1015, F.S.;
   46         revising references to the Joint Commission on
   47         Accreditation of Healthcare Organizations, the
   48         Commission on Accreditation of Rehabilitation
   49         Facilities, and the Council on Accreditation to
   50         conform to their current designations; amending s.
   51         395.602, F.S.; revising the definition of the term
   52         “rural hospital” to delete an obsolete provision;
   53         amending s. 400.021, F.S.; revising the definition of
   54         the terms “geriatric outpatient clinic” and “resident
   55         care plan”; amending s. 400.0255, F.S.; correcting an
   56         obsolete cross-reference to administrative rules;
   57         amending s. 400.063, F.S.; deleting an obsolete
   58         provision; amending ss. 400.071 and 400.0712, F.S.;
   59         revising applicability of general licensure
   60         requirements under part II of ch. 408, F.S., to
   61         applications for nursing home licensure; revising
   62         provisions governing inactive licenses; amending s.
   63         400.111, F.S.; providing for disclosure of controlling
   64         interest of a nursing home facility upon request by
   65         the Agency for Health Care Administration; amending s.
   66         400.1183, F.S.; revising grievance record maintenance
   67         and reporting requirements for nursing homes; amending
   68         s. 400.141, F.S.; providing criteria for the provision
   69         of respite services by nursing homes; requiring a
   70         written plan of care; requiring a contract for
   71         services; requiring resident release to caregivers to
   72         be designated in writing; providing an exemption to
   73         the application of discharge planning rules; providing
   74         for residents’ rights; providing for use of personal
   75         medications; providing terms of respite stay;
   76         providing for communication of patient information;
   77         requiring a physician’s order for care and proof of a
   78         physical examination; providing for services for
   79         respite patients and duties of facilities with respect
   80         to such patients; conforming a cross-reference;
   81         requiring facilities to maintain clinical records that
   82         meet specified standards; providing a fine relating to
   83         an admissions moratorium; deleting requirement for
   84         facilities to submit certain information related to
   85         management companies to the agency; deleting a
   86         requirement for facilities to notify the agency of
   87         certain bankruptcy filings to conform to changes made
   88         by the act; amending s. 400.142, F.S.; deleting
   89         language relating to agency adoption of rules;
   90         amending 400.147, F.S.; revising reporting
   91         requirements for licensed nursing home facilities
   92         relating to adverse incidents; repealing s. 400.148,
   93         F.S., relating to the Medicaid “Up-or-Out” Quality of
   94         Care Contract Management Program; amending s. 400.179,
   95         F.S.; deleting an obsolete provision; amending s.
   96         400.19, F.S.; revising inspection requirements;
   97         amending s. 400.23, F.S.; deleting an obsolete
   98         provision; correcting a reference; deleting a
   99         requirement that the rules for minimum standards of
  100         care for persons under 21 years of age include a
  101         certain methodology; directing the agency to adopt
  102         rules for minimum staffing standards in nursing homes
  103         that serve persons under 21 years of age; providing
  104         minimum staffing standards; amending s. 400.275, F.S.;
  105         revising agency duties with regard to training nursing
  106         home surveyor teams; revising requirements for team
  107         members; amending s. 400.484, F.S.; revising the
  108         schedule of home health agency inspection violations;
  109         amending s. 400.606, F.S.; revising the content
  110         requirements of the plan accompanying an initial or
  111         change-of-ownership application for licensure of a
  112         hospice; revising requirements relating to
  113         certificates of need for certain hospice facilities;
  114         amending s. 400.607, F.S.; revising grounds for agency
  115         action against a hospice; amending s. 400.915, F.S.;
  116         correcting an obsolete cross-reference to
  117         administrative rules; amending s. 400.931, F.S.;
  118         deleting a requirement that an applicant for a home
  119         medical equipment provider license submit a surety
  120         bond to the agency; amending s. 400.932, F.S.;
  121         revising grounds for the imposition of administrative
  122         penalties for certain violations by an employee of a
  123         home medical equipment provider; amending s. 400.967,
  124         F.S.; revising the schedule of inspection violations
  125         for intermediate care facilities for the
  126         developmentally disabled; providing a penalty for
  127         certain violations; amending s. 400.9905, F.S.;
  128         revising the definitions of the terms “clinic” and
  129         “portable equipment provider”; providing that part X
  130         of ch. 400, F.S., the Health Care Clinic Act, does not
  131         apply to certain clinical facilities, an entity owned
  132         by a corporation with a specified amount of annual
  133         sales of health care services under certain
  134         circumstances, or an entity owned or controlled by a
  135         publicly traded entity with a specified amount of
  136         annual revenues; amending s. 400.991, F.S.; conforming
  137         terminology; revising application requirements
  138         relating to documentation of financial ability to
  139         operate a mobile clinic; amending s. 408.034, F.S.;
  140         revising agency authority relating to licensing of
  141         intermediate care facilities for the developmentally
  142         disabled; amending s. 408.036, F.S.; deleting an
  143         exemption from certain certificate-of-need review
  144         requirements for a hospice or a hospice inpatient
  145         facility; amending s. 408.043, F.S.; revising
  146         requirements for certain freestanding inpatient
  147         hospice care facilities to obtain a certificate of
  148         need; amending s. 408.061, F.S.; revising health care
  149         facility data reporting requirements; amending s.
  150         408.10, F.S.; removing agency authority to investigate
  151         certain consumer complaints; amending s. 408.802,
  152         F.S.; removing applicability of part II of ch. 408,
  153         F.S., relating to general licensure requirements, to
  154         private review agents; amending s. 408.804, F.S.;
  155         providing penalties for altering, defacing, or
  156         falsifying a license certificate issued by the agency
  157         or displaying such an altered, defaced, or falsified
  158         certificate; amending s. 408.806, F.S.; revising
  159         agency responsibilities for notification of licensees
  160         of impending expiration of a license; requiring
  161         payment of a late fee for a license application to be
  162         considered complete under certain circumstances;
  163         amending s. 408.813, F.S.; authorizing the agency to
  164         impose fines for unclassified violations of part II of
  165         ch. 408, F.S.; amending s. 408.815, F.S.; authorizing
  166         the agency to extend a license expiration date under
  167         certain circumstances; amending s. 409.91196, F.S.;
  168         conforming a cross-reference; amending s. 409.912,
  169         F.S.; revising procedures for implementation of a
  170         Medicaid prescribed-drug spending-control program;
  171         amending s. 409.91255, F.S.; transferring
  172         administrative responsibility for the application
  173         procedure for federally qualified health centers from
  174         the Department of Health to the Agency for Health Care
  175         Administration; requiring the Florida Association of
  176         Community Health Centers, Inc., to provide support and
  177         assume administrative costs for the program; amending
  178         s. 429.07, F.S.; deleting the requirement for an
  179         assisted living facility to obtain an additional
  180         license in order to provide limited nursing services;
  181         deleting the requirement for the agency to conduct
  182         quarterly monitoring visits of facilities that hold a
  183         license to provide extended congregate care services;
  184         deleting the requirement for the department to report
  185         annually on the status of and recommendations related
  186         to extended congregate care; deleting the requirement
  187         for the agency to conduct monitoring visits at least
  188         twice a year to facilities providing limited nursing
  189         services; increasing the licensure fees and the
  190         maximum fee required for the standard license;
  191         increasing the licensure fees for the extended
  192         congregate care license; eliminating the license fee
  193         for the limited nursing services license; transferring
  194         from another provision of law the requirement that a
  195         biennial survey of an assisted living facility include
  196         specific actions to determine whether the facility is
  197         adequately protecting residents’ rights; providing
  198         that under specified conditions an assisted living
  199         facility that has a class I or class II violation is
  200         subject to periodic unannounced monitoring; requiring
  201         a registered nurse to participate in certain
  202         monitoring visits; amending s. 429.11, F.S.; revising
  203         licensure application requirements for assisted living
  204         facilities to eliminate provisional licenses; amending
  205         s. 429.12, F.S.; deleting a requirement that a
  206         transferor of an assisted living facility advise the
  207         transferee to submit a plan for correction of certain
  208         deficiencies to the Agency for Health Care
  209         Administration before ownership of the facility is
  210         transferred; amending s. 429.17, F.S.; deleting
  211         provisions relating to the limited nursing services
  212         license; revising agency responsibilities regarding
  213         the issuance of conditional licenses; amending s.
  214         429.19, F.S.; clarifying that a monitoring fee may be
  215         assessed in addition to an administrative fine;
  216         amending s. 429.23, F.S.; deleting reporting
  217         requirements for assisted living facilities relating
  218         to liability claims; amending s. 429.255, F.S.;
  219         eliminating provisions authorizing the use of
  220         volunteers to provide certain health-care-related
  221         services in assisted living facilities; authorizing
  222         assisted living facilities to provide limited nursing
  223         services; requiring an assisted living facility to be
  224         responsible for certain recordkeeping and staff to be
  225         trained to monitor residents receiving certain health
  226         care-related services; amending s. 429.28, F.S.;
  227         deleting a requirement for a biennial survey of an
  228         assisted living facility, to conform to changes made
  229         by the act; conforming a cross-reference; amending s.
  230         429.35, F.S.; authorizing the agency to provide
  231         certain information relating to the inspections of
  232         assisted living facilities electronically or through
  233         the agency’s Internet website; amending s. 429.41,
  234         F.S., relating to rulemaking; conforming provisions to
  235         changes made by the act; amending s. 429.53, F.S.;
  236         revising provisions relating to consultation by the
  237         agency; revising a definition; amending s. 429.54,
  238         F.S.; requiring licensed assisted living facilities to
  239         electronically report certain data semiannually to the
  240         agency in accordance with rules adopted by the
  241         department; amending s. 429.71, F.S.; revising
  242         schedule of inspection violations for adult family
  243         care homes; amending s. 429.915, F.S.; revising agency
  244         responsibilities regarding the issuance of conditional
  245         licenses; repealing s. 440.102(9)(d), F.S., relating
  246         to a laboratory’s requirement to submit to the Agency
  247         for Health Care Administration a monthly report
  248         containing statistical information regarding the
  249         testing of employees and job applicants; amending s.
  250         483.294, F.S.; revising frequency of agency
  251         inspections of multiphasic health testing centers;
  252         amending s. 626.9541, F.S.; authorizing an insurer
  253         offering a group or individual health benefit plan to
  254         offer a wellness program; authorizing rewards or
  255         incentives; providing for verification of a member’s
  256         inability to participate for medical reasons;
  257         providing that such rewards or incentives are not
  258         insurance benefits; amending s. 766.202, F.S.; adding
  259         persons licensed under part XIV of ch. 468, F.S., to
  260         the definition of “health care provider”; amending ss.
  261         394.4787, 400.0239, 408.07, 430.80, and 651.118, F.S.;
  262         conforming terminology and references to changes made
  263         by the act; revising a reference; providing an
  264         effective date.
  265  
  266  Be It Enacted by the Legislature of the State of Florida:
  267  
  268         Section 1. Present paragraphs (f) through (k) of subsection
  269  (10) of section 112.0455, Florida Statutes, are redesignated as
  270  paragraphs (e) through (j), respectively, and present paragraph
  271  (e) of subsection (10), subsection (12), and paragraph (e) of
  272  subsection (14) of that section are amended to read:
  273         112.0455 Drug-Free Workplace Act.—
  274         (10) EMPLOYER PROTECTION.—
  275         (e) Nothing in this section shall be construed to operate
  276  retroactively, and nothing in this section shall abrogate the
  277  right of an employer under state law to conduct drug tests prior
  278  to January 1, 1990. A drug test conducted by an employer prior
  279  to January 1, 1990, is not subject to this section.
  280         (12) DRUG-TESTING STANDARDS; LABORATORIES.—
  281         (a) The requirements of part II of chapter 408 apply to the
  282  provision of services that require licensure pursuant to this
  283  section and part II of chapter 408 and to entities licensed by
  284  or applying for such licensure from the Agency for Health Care
  285  Administration pursuant to this section. A license issued by the
  286  agency is required in order to operate a laboratory.
  287         (b) A laboratory may analyze initial or confirmation drug
  288  specimens only if:
  289         1. The laboratory is licensed and approved by the Agency
  290  for Health Care Administration using criteria established by the
  291  United States Department of Health and Human Services as general
  292  guidelines for modeling the state drug testing program and in
  293  accordance with part II of chapter 408. Each applicant for
  294  licensure and licensee must comply with all requirements of part
  295  II of chapter 408.
  296         2. The laboratory has written procedures to ensure chain of
  297  custody.
  298         3. The laboratory follows proper quality control
  299  procedures, including, but not limited to:
  300         a. The use of internal quality controls including the use
  301  of samples of known concentrations which are used to check the
  302  performance and calibration of testing equipment, and periodic
  303  use of blind samples for overall accuracy.
  304         b. An internal review and certification process for drug
  305  test results, conducted by a person qualified to perform that
  306  function in the testing laboratory.
  307         c. Security measures implemented by the testing laboratory
  308  to preclude adulteration of specimens and drug test results.
  309         d. Other necessary and proper actions taken to ensure
  310  reliable and accurate drug test results.
  311         (c) A laboratory shall disclose to the employer a written
  312  test result report within 7 working days after receipt of the
  313  sample. All laboratory reports of a drug test result shall, at a
  314  minimum, state:
  315         1. The name and address of the laboratory which performed
  316  the test and the positive identification of the person tested.
  317         2. Positive results on confirmation tests only, or negative
  318  results, as applicable.
  319         3. A list of the drugs for which the drug analyses were
  320  conducted.
  321         4. The type of tests conducted for both initial and
  322  confirmation tests and the minimum cutoff levels of the tests.
  323         5. Any correlation between medication reported by the
  324  employee or job applicant pursuant to subparagraph (8)(b)2. and
  325  a positive confirmed drug test result.
  326  
  327  No report shall disclose the presence or absence of any drug
  328  other than a specific drug and its metabolites listed pursuant
  329  to this section.
  330         (d) The laboratory shall submit to the Agency for Health
  331  Care Administration a monthly report with statistical
  332  information regarding the testing of employees and job
  333  applicants. The reports shall include information on the methods
  334  of analyses conducted, the drugs tested for, the number of
  335  positive and negative results for both initial and confirmation
  336  tests, and any other information deemed appropriate by the
  337  Agency for Health Care Administration. No monthly report shall
  338  identify specific employees or job applicants.
  339         (d)(e) Laboratories shall provide technical assistance to
  340  the employer, employee, or job applicant for the purpose of
  341  interpreting any positive confirmed test results which could
  342  have been caused by prescription or nonprescription medication
  343  taken by the employee or job applicant.
  344         (14) DISCIPLINE REMEDIES.—
  345         (e) Upon resolving an appeal filed pursuant to paragraph
  346  (c), and finding a violation of this section, the commission may
  347  order the following relief:
  348         1. Rescind the disciplinary action, expunge related records
  349  from the personnel file of the employee or job applicant and
  350  reinstate the employee.
  351         2. Order compliance with paragraph (10)(f)(g).
  352         3. Award back pay and benefits.
  353         4. Award the prevailing employee or job applicant the
  354  necessary costs of the appeal, reasonable attorney’s fees, and
  355  expert witness fees.
  356         Section 2. Paragraph (n) of subsection (1) of section
  357  154.11, Florida Statutes, is amended to read:
  358         154.11 Powers of board of trustees.—
  359         (1) The board of trustees of each public health trust shall
  360  be deemed to exercise a public and essential governmental
  361  function of both the state and the county and in furtherance
  362  thereof it shall, subject to limitation by the governing body of
  363  the county in which such board is located, have all of the
  364  powers necessary or convenient to carry out the operation and
  365  governance of designated health care facilities, including, but
  366  without limiting the generality of, the foregoing:
  367         (n) To appoint originally the staff of physicians to
  368  practice in any designated facility owned or operated by the
  369  board and to approve the bylaws and rules to be adopted by the
  370  medical staff of any designated facility owned and operated by
  371  the board, such governing regulations to be in accordance with
  372  the standards of the Joint Commission on the Accreditation of
  373  Hospitals which provide, among other things, for the method of
  374  appointing additional staff members and for the removal of staff
  375  members.
  376         Section 3. Section 383.325, Florida Statutes, is repealed.
  377         Section 4. Subsection (7) of section 394.4787, Florida
  378  Statutes, is amended to read:
  379         394.4787 Definitions; ss. 394.4786, 394.4787, 394.4788, and
  380  394.4789.—As used in this section and ss. 394.4786, 394.4788,
  381  and 394.4789:
  382         (7) “Specialty psychiatric hospital” means a hospital
  383  licensed by the agency pursuant to s. 395.002(26)(28) and part
  384  II of chapter 408 as a specialty psychiatric hospital.
  385         Section 5. Subsection (2) of section 394.741, Florida
  386  Statutes, is amended to read:
  387         394.741 Accreditation requirements for providers of
  388  behavioral health care services.—
  389         (2) Notwithstanding any provision of law to the contrary,
  390  accreditation shall be accepted by the agency and department in
  391  lieu of the agency’s and department’s facility licensure onsite
  392  review requirements and shall be accepted as a substitute for
  393  the department’s administrative and program monitoring
  394  requirements, except as required by subsections (3) and (4),
  395  for:
  396         (a) Any organization from which the department purchases
  397  behavioral health care services that is accredited by the Joint
  398  Commission on Accreditation of Healthcare Organizations or the
  399  Council on Accreditation for Children and Family Services, or
  400  has those services that are being purchased by the department
  401  accredited by the Commission on Accreditation of Rehabilitation
  402  Facilities CARF—the Rehabilitation Accreditation Commission.
  403         (b) Any mental health facility licensed by the agency or
  404  any substance abuse component licensed by the department that is
  405  accredited by the Joint Commission on Accreditation of
  406  Healthcare Organizations, the Commission on Accreditation of
  407  Rehabilitation Facilities CARF—the Rehabilitation Accreditation
  408  Commission, or the Council on Accreditation of Children and
  409  Family Services.
  410         (c) Any network of providers from which the department or
  411  the agency purchases behavioral health care services accredited
  412  by the Joint Commission on Accreditation of Healthcare
  413  Organizations, the Commission on Accreditation of Rehabilitation
  414  Facilities CARF—the Rehabilitation Accreditation Commission, the
  415  Council on Accreditation of Children and Family Services, or the
  416  National Committee for Quality Assurance. A provider
  417  organization, which is part of an accredited network, is
  418  afforded the same rights under this part.
  419         Section 6. Present subsections (15) through (32) of section
  420  395.002, Florida Statutes, are renumbered as subsections (14)
  421  through (28), respectively, and present subsections (1), (14),
  422  (24), (30), and (31) and paragraph (c) of present subsection
  423  (28) of that section are amended to read:
  424         395.002 Definitions.—As used in this chapter:
  425         (1) “Accrediting organizations” means nationally recognized
  426  or approved accrediting organizations whose standards
  427  incorporate comparable licensure requirements as determined by
  428  the agency the Joint Commission on Accreditation of Healthcare
  429  Organizations, the American Osteopathic Association, the
  430  Commission on Accreditation of Rehabilitation Facilities, and
  431  the Accreditation Association for Ambulatory Health Care, Inc.
  432         (14) “Initial denial determination” means a determination
  433  by a private review agent that the health care services
  434  furnished or proposed to be furnished to a patient are
  435  inappropriate, not medically necessary, or not reasonable.
  436         (24) “Private review agent” means any person or entity
  437  which performs utilization review services for third-party
  438  payors on a contractual basis for outpatient or inpatient
  439  services. However, the term shall not include full-time
  440  employees, personnel, or staff of health insurers, health
  441  maintenance organizations, or hospitals, or wholly owned
  442  subsidiaries thereof or affiliates under common ownership, when
  443  performing utilization review for their respective hospitals,
  444  health maintenance organizations, or insureds of the same
  445  insurance group. For this purpose, health insurers, health
  446  maintenance organizations, and hospitals, or wholly owned
  447  subsidiaries thereof or affiliates under common ownership,
  448  include such entities engaged as administrators of self
  449  insurance as defined in s. 624.031.
  450         (26)(28) “Specialty hospital” means any facility which
  451  meets the provisions of subsection (12), and which regularly
  452  makes available either:
  453         (c) Intensive residential treatment programs for children
  454  and adolescents as defined in subsection (14) (15).
  455         (30) “Utilization review” means a system for reviewing the
  456  medical necessity or appropriateness in the allocation of health
  457  care resources of hospital services given or proposed to be
  458  given to a patient or group of patients.
  459         (31) “Utilization review plan” means a description of the
  460  policies and procedures governing utilization review activities
  461  performed by a private review agent.
  462         Section 7. Paragraph (c) of subsection (1) and paragraph
  463  (b) of subsection (2) of section 395.003, Florida Statutes, are
  464  amended to read:
  465         395.003 Licensure; denial, suspension, and revocation.—
  466         (1)
  467         (c) Until July 1, 2006, additional emergency departments
  468  located off the premises of licensed hospitals may not be
  469  authorized by the agency.
  470         (2)
  471         (b) The agency shall, at the request of a licensee that is
  472  a teaching hospital as defined in s. 408.07(45), issue a single
  473  license to a licensee for facilities that have been previously
  474  licensed as separate premises, provided such separately licensed
  475  facilities, taken together, constitute the same premises as
  476  defined in s. 395.002(22)(23). Such license for the single
  477  premises shall include all of the beds, services, and programs
  478  that were previously included on the licenses for the separate
  479  premises. The granting of a single license under this paragraph
  480  shall not in any manner reduce the number of beds, services, or
  481  programs operated by the licensee.
  482         Section 8. Paragraph (e) of subsection (2) and subsection
  483  (4) of section 395.0193, Florida Statutes, are amended to read:
  484         395.0193 Licensed facilities; peer review; disciplinary
  485  powers; agency or partnership with physicians.—
  486         (2) Each licensed facility, as a condition of licensure,
  487  shall provide for peer review of physicians who deliver health
  488  care services at the facility. Each licensed facility shall
  489  develop written, binding procedures by which such peer review
  490  shall be conducted. Such procedures shall include:
  491         (e) Recording of agendas and minutes which do not contain
  492  confidential material, for review by the Division of Medical
  493  Quality Assurance of the department Health Quality Assurance of
  494  the agency.
  495         (4) Pursuant to ss. 458.337 and 459.016, any disciplinary
  496  actions taken under subsection (3) shall be reported in writing
  497  to the Division of Medical Quality Assurance of the department
  498  Health Quality Assurance of the agency within 30 working days
  499  after its initial occurrence, regardless of the pendency of
  500  appeals to the governing board of the hospital. The notification
  501  shall identify the disciplined practitioner, the action taken,
  502  and the reason for such action. All final disciplinary actions
  503  taken under subsection (3), if different from those which were
  504  reported to the department agency within 30 days after the
  505  initial occurrence, shall be reported within 10 working days to
  506  the Division of Medical Quality Assurance of the department
  507  Health Quality Assurance of the agency in writing and shall
  508  specify the disciplinary action taken and the specific grounds
  509  therefor. The division shall review each report and determine
  510  whether it potentially involved conduct by the licensee that is
  511  subject to disciplinary action, in which case s. 456.073 shall
  512  apply. The reports are not subject to inspection under s.
  513  119.07(1) even if the division’s investigation results in a
  514  finding of probable cause.
  515         Section 9. Section 395.1023, Florida Statutes, is amended
  516  to read:
  517         395.1023 Child abuse and neglect cases; duties.—Each
  518  licensed facility shall adopt a protocol that, at a minimum,
  519  requires the facility to:
  520         (1) Incorporate a facility policy that every staff member
  521  has an affirmative duty to report, pursuant to chapter 39, any
  522  actual or suspected case of child abuse, abandonment, or
  523  neglect; and
  524         (2) In any case involving suspected child abuse,
  525  abandonment, or neglect, designate, at the request of the
  526  Department of Children and Family Services, a staff physician to
  527  act as a liaison between the hospital and the Department of
  528  Children and Family Services office which is investigating the
  529  suspected abuse, abandonment, or neglect, and the child
  530  protection team, as defined in s. 39.01, when the case is
  531  referred to such a team.
  532  
  533  Each general hospital and appropriate specialty hospital shall
  534  comply with the provisions of this section and shall notify the
  535  agency and the Department of Children and Family Services of its
  536  compliance by sending a copy of its policy to the agency and the
  537  Department of Children and Family Services as required by rule.
  538  The failure by a general hospital or appropriate specialty
  539  hospital to comply shall be punished by a fine not exceeding
  540  $1,000, to be fixed, imposed, and collected by the agency. Each
  541  day in violation is considered a separate offense.
  542         Section 10. Subsection (2) and paragraph (d) of subsection
  543  (3) of section 395.1041, Florida Statutes, are amended to read:
  544         395.1041 Access to emergency services and care.—
  545         (2) INVENTORY OF HOSPITAL EMERGENCY SERVICES.—The agency
  546  shall establish and maintain an inventory of hospitals with
  547  emergency services. The inventory shall list all services within
  548  the service capability of the hospital, and such services shall
  549  appear on the face of the hospital license. Each hospital having
  550  emergency services shall notify the agency of its service
  551  capability in the manner and form prescribed by the agency. The
  552  agency shall use the inventory to assist emergency medical
  553  services providers and others in locating appropriate emergency
  554  medical care. The inventory shall also be made available to the
  555  general public. On or before August 1, 1992, the agency shall
  556  request that each hospital identify the services which are
  557  within its service capability. On or before November 1, 1992,
  558  the agency shall notify each hospital of the service capability
  559  to be included in the inventory. The hospital has 15 days from
  560  the date of receipt to respond to the notice. By December 1,
  561  1992, the agency shall publish a final inventory. Each hospital
  562  shall reaffirm its service capability when its license is
  563  renewed and shall notify the agency of the addition of a new
  564  service or the termination of a service prior to a change in its
  565  service capability.
  566         (3) EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF
  567  FACILITY OR HEALTH CARE PERSONNEL.—
  568         (d)1. Every hospital shall ensure the provision of services
  569  within the service capability of the hospital, at all times,
  570  either directly or indirectly through an arrangement with
  571  another hospital, through an arrangement with one or more
  572  physicians, or as otherwise made through prior arrangements. A
  573  hospital may enter into an agreement with another hospital for
  574  purposes of meeting its service capability requirement, and
  575  appropriate compensation or other reasonable conditions may be
  576  negotiated for these backup services.
  577         2. If any arrangement requires the provision of emergency
  578  medical transportation, such arrangement must be made in
  579  consultation with the applicable provider and may not require
  580  the emergency medical service provider to provide transportation
  581  that is outside the routine service area of that provider or in
  582  a manner that impairs the ability of the emergency medical
  583  service provider to timely respond to prehospital emergency
  584  calls.
  585         3. A hospital shall not be required to ensure service
  586  capability at all times as required in subparagraph 1. if, prior
  587  to the receiving of any patient needing such service capability,
  588  such hospital has demonstrated to the agency that it lacks the
  589  ability to ensure such capability and it has exhausted all
  590  reasonable efforts to ensure such capability through backup
  591  arrangements. In reviewing a hospital’s demonstration of lack of
  592  ability to ensure service capability, the agency shall consider
  593  factors relevant to the particular case, including the
  594  following:
  595         a. Number and proximity of hospitals with the same service
  596  capability.
  597         b. Number, type, credentials, and privileges of
  598  specialists.
  599         c. Frequency of procedures.
  600         d. Size of hospital.
  601         4. The agency shall publish proposed rules implementing a
  602  reasonable exemption procedure by November 1, 1992. Subparagraph
  603  1. shall become effective upon the effective date of said rules
  604  or January 31, 1993, whichever is earlier. For a period not to
  605  exceed 1 year from the effective date of subparagraph 1., a
  606  hospital requesting an exemption shall be deemed to be exempt
  607  from offering the service until the agency initially acts to
  608  deny or grant the original request. The agency has 45 days after
  609  from the date of receipt of the request to approve or deny the
  610  request. After the first year from the effective date of
  611  subparagraph 1., If the agency fails to initially act within
  612  that the time period, the hospital is deemed to be exempt from
  613  offering the service until the agency initially acts to deny the
  614  request.
  615         Section 11. Section 395.1046, Florida Statutes, is
  616  repealed.
  617         Section 12. Paragraph (e) of subsection (1) of section
  618  395.1055, Florida Statutes, is amended to read:
  619         395.1055 Rules and enforcement.—
  620         (1) The agency shall adopt rules pursuant to ss. 120.536(1)
  621  and 120.54 to implement the provisions of this part, which shall
  622  include reasonable and fair minimum standards for ensuring that:
  623         (e) Licensed facility beds conform to minimum space,
  624  equipment, and furnishings standards as specified by the agency,
  625  the Florida Building Code, and the Florida Fire Prevention Code
  626  department.
  627         Section 13. Subsection (1) of section 395.10972, Florida
  628  Statutes, is amended to read:
  629         395.10972 Health Care Risk Manager Advisory Council.—The
  630  Secretary of Health Care Administration may appoint a seven
  631  member advisory council to advise the agency on matters
  632  pertaining to health care risk managers. The members of the
  633  council shall serve at the pleasure of the secretary. The
  634  council shall designate a chair. The council shall meet at the
  635  call of the secretary or at those times as may be required by
  636  rule of the agency. The members of the advisory council shall
  637  receive no compensation for their services, but shall be
  638  reimbursed for travel expenses as provided in s. 112.061. The
  639  council shall consist of individuals representing the following
  640  areas:
  641         (1) Two shall be active health care risk managers,
  642  including one risk manager who is recommended by and a member of
  643  the Florida Society for of Healthcare Risk Management and
  644  Patient Safety.
  645         Section 14. Subsection (3) of section 395.2050, Florida
  646  Statutes, is amended to read:
  647         395.2050 Routine inquiry for organ and tissue donation;
  648  certification for procurement activities; death records review.—
  649         (3) Each organ procurement organization designated by the
  650  federal Centers for Medicare and Medicaid Services Health Care
  651  Financing Administration and licensed by the state shall conduct
  652  an annual death records review in the organ procurement
  653  organization’s affiliated donor hospitals. The organ procurement
  654  organization shall enlist the services of every Florida licensed
  655  tissue bank and eye bank affiliated with or providing service to
  656  the donor hospital and operating in the same service area to
  657  participate in the death records review.
  658         Section 15. Subsection (2) of section 395.3036, Florida
  659  Statutes, is amended to read:
  660         395.3036 Confidentiality of records and meetings of
  661  corporations that lease public hospitals or other public health
  662  care facilities.—The records of a private corporation that
  663  leases a public hospital or other public health care facility
  664  are confidential and exempt from the provisions of s. 119.07(1)
  665  and s. 24(a), Art. I of the State Constitution, and the meetings
  666  of the governing board of a private corporation are exempt from
  667  s. 286.011 and s. 24(b), Art. I of the State Constitution when
  668  the public lessor complies with the public finance
  669  accountability provisions of s. 155.40(5) with respect to the
  670  transfer of any public funds to the private lessee and when the
  671  private lessee meets at least three of the five following
  672  criteria:
  673         (2) The public lessor and the private lessee do not
  674  commingle any of their funds in any account maintained by either
  675  of them, other than the payment of the rent and administrative
  676  fees or the transfer of funds pursuant to s. 155.40 subsection
  677  (2).
  678         Section 16. Section 395.3037, Florida Statutes, is
  679  repealed.
  680         Section 17. Subsections (1), (4), and (5) of section
  681  395.3038, Florida Statutes, are amended to read:
  682         395.3038 State-listed primary stroke centers and
  683  comprehensive stroke centers; notification of hospitals.—
  684         (1) The agency shall make available on its website and to
  685  the department a list of the name and address of each hospital
  686  that meets the criteria for a primary stroke center and the name
  687  and address of each hospital that meets the criteria for a
  688  comprehensive stroke center. The list of primary and
  689  comprehensive stroke centers shall include only those hospitals
  690  that attest in an affidavit submitted to the agency that the
  691  hospital meets the named criteria, or those hospitals that
  692  attest in an affidavit submitted to the agency that the hospital
  693  is certified as a primary or a comprehensive stroke center by
  694  the Joint Commission on Accreditation of Healthcare
  695  Organizations.
  696         (4) The agency shall adopt by rule criteria for a primary
  697  stroke center which are substantially similar to the
  698  certification standards for primary stroke centers of the Joint
  699  Commission on Accreditation of Healthcare Organizations.
  700         (5) The agency shall adopt by rule criteria for a
  701  comprehensive stroke center. However, if the Joint Commission on
  702  Accreditation of Healthcare Organizations establishes criteria
  703  for a comprehensive stroke center, the agency shall establish
  704  criteria for a comprehensive stroke center which are
  705  substantially similar to those criteria established by the Joint
  706  Commission on Accreditation of Healthcare Organizations.
  707         Section 18. Paragraph (e) of subsection (2) of section
  708  395.602, Florida Statutes, is amended to read:
  709         395.602 Rural hospitals.—
  710         (2) DEFINITIONS.—As used in this part:
  711         (e) “Rural hospital” means an acute care hospital licensed
  712  under this chapter, having 100 or fewer licensed beds and an
  713  emergency room, which is:
  714         1. The sole provider within a county with a population
  715  density of no greater than 100 persons per square mile;
  716         2. An acute care hospital, in a county with a population
  717  density of no greater than 100 persons per square mile, which is
  718  at least 30 minutes of travel time, on normally traveled roads
  719  under normal traffic conditions, from any other acute care
  720  hospital within the same county;
  721         3. A hospital supported by a tax district or subdistrict
  722  whose boundaries encompass a population of 100 persons or fewer
  723  per square mile;
  724         4. A hospital in a constitutional charter county with a
  725  population of over 1 million persons that has imposed a local
  726  option health service tax pursuant to law and in an area that
  727  was directly impacted by a catastrophic event on August 24,
  728  1992, for which the Governor of Florida declared a state of
  729  emergency pursuant to chapter 125, and has 120 beds or less that
  730  serves an agricultural community with an emergency room
  731  utilization of no less than 20,000 visits and a Medicaid
  732  inpatient utilization rate greater than 15 percent;
  733         4.5. A hospital with a service area that has a population
  734  of 100 persons or fewer per square mile. As used in this
  735  subparagraph, the term “service area” means the fewest number of
  736  zip codes that account for 75 percent of the hospital’s
  737  discharges for the most recent 5-year period, based on
  738  information available from the hospital inpatient discharge
  739  database in the Florida Center for Health Information and Policy
  740  Analysis at the Agency for Health Care Administration; or
  741         5.6. A hospital designated as a critical access hospital,
  742  as defined in s. 408.07(15).
  743  
  744  Population densities used in this paragraph must be based upon
  745  the most recently completed United States census. A hospital
  746  that received funds under s. 409.9116 for a quarter beginning no
  747  later than July 1, 2002, is deemed to have been and shall
  748  continue to be a rural hospital from that date through June 30,
  749  2015, if the hospital continues to have 100 or fewer licensed
  750  beds and an emergency room, or meets the criteria of
  751  subparagraph 4. An acute care hospital that has not previously
  752  been designated as a rural hospital and that meets the criteria
  753  of this paragraph shall be granted such designation upon
  754  application, including supporting documentation to the Agency
  755  for Health Care Administration.
  756         Section 19. Subsections (8) and (16) of section 400.021,
  757  Florida Statutes, are amended to read:
  758         400.021 Definitions.—When used in this part, unless the
  759  context otherwise requires, the term:
  760         (8) “Geriatric outpatient clinic” means a site for
  761  providing outpatient health care to persons 60 years of age or
  762  older, which is staffed by a registered nurse or a physician
  763  assistant, or a licensed practical nurse under the direct
  764  supervision of a registered nurse, advanced registered nurse
  765  practitioner, or physician.
  766         (16) “Resident care plan” means a written plan developed,
  767  maintained, and reviewed not less than quarterly by a registered
  768  nurse, with participation from other facility staff and the
  769  resident or his or her designee or legal representative, which
  770  includes a comprehensive assessment of the needs of an
  771  individual resident; the type and frequency of services required
  772  to provide the necessary care for the resident to attain or
  773  maintain the highest practicable physical, mental, and
  774  psychosocial well-being; a listing of services provided within
  775  or outside the facility to meet those needs; and an explanation
  776  of service goals. The resident care plan must be signed by the
  777  director of nursing or another registered nurse employed by the
  778  facility to whom institutional responsibilities have been
  779  delegated and by the resident, the resident’s designee, or the
  780  resident’s legal representative. The facility may not use an
  781  agency or temporary registered nurse to satisfy the foregoing
  782  requirement and must document the institutional responsibilities
  783  that have been delegated to the registered nurse.
  784         Section 20. Paragraph (g) of subsection (2) of section
  785  400.0239, Florida Statutes, is amended to read:
  786         400.0239 Quality of Long-Term Care Facility Improvement
  787  Trust Fund.—
  788         (2) Expenditures from the trust fund shall be allowable for
  789  direct support of the following:
  790         (g) Other initiatives authorized by the Centers for
  791  Medicare and Medicaid Services for the use of federal civil
  792  monetary penalties, including projects recommended through the
  793  Medicaid “Up-or-Out” Quality of Care Contract Management Program
  794  pursuant to s. 400.148.
  795         Section 21. Subsection (15) of section 400.0255, Florida
  796  Statutes, is amended to read
  797         400.0255 Resident transfer or discharge; requirements and
  798  procedures; hearings.—
  799         (15)(a) The department’s Office of Appeals Hearings shall
  800  conduct hearings under this section. The office shall notify the
  801  facility of a resident’s request for a hearing.
  802         (b) The department shall, by rule, establish procedures to
  803  be used for fair hearings requested by residents. These
  804  procedures shall be equivalent to the procedures used for fair
  805  hearings for other Medicaid cases appearing in s. 409.285 and
  806  applicable rules, chapter 10-2, part VI, Florida Administrative
  807  Code. The burden of proof must be clear and convincing evidence.
  808  A hearing decision must be rendered within 90 days after receipt
  809  of the request for hearing.
  810         (c) If the hearing decision is favorable to the resident
  811  who has been transferred or discharged, the resident must be
  812  readmitted to the facility’s first available bed.
  813         (d) The decision of the hearing officer shall be final. Any
  814  aggrieved party may appeal the decision to the district court of
  815  appeal in the appellate district where the facility is located.
  816  Review procedures shall be conducted in accordance with the
  817  Florida Rules of Appellate Procedure.
  818         Section 22. Subsection (2) of section 400.063, Florida
  819  Statutes, is amended to read:
  820         400.063 Resident protection.—
  821         (2) The agency is authorized to establish for each
  822  facility, subject to intervention by the agency, a separate bank
  823  account for the deposit to the credit of the agency of any
  824  moneys received from the Health Care Trust Fund or any other
  825  moneys received for the maintenance and care of residents in the
  826  facility, and the agency is authorized to disburse moneys from
  827  such account to pay obligations incurred for the purposes of
  828  this section. The agency is authorized to requisition moneys
  829  from the Health Care Trust Fund in advance of an actual need for
  830  cash on the basis of an estimate by the agency of moneys to be
  831  spent under the authority of this section. Any bank account
  832  established under this section need not be approved in advance
  833  of its creation as required by s. 17.58, but shall be secured by
  834  depository insurance equal to or greater than the balance of
  835  such account or by the pledge of collateral security in
  836  conformance with criteria established in s. 18.11. The agency
  837  shall notify the Chief Financial Officer of any such account so
  838  established and shall make a quarterly accounting to the Chief
  839  Financial Officer for all moneys deposited in such account.
  840         Section 23. Subsections (1) and (5) of section 400.071,
  841  Florida Statutes, are amended to read:
  842         400.071 Application for license.—
  843         (1) In addition to the requirements of part II of chapter
  844  408, the application for a license shall be under oath and must
  845  contain the following:
  846         (a) The location of the facility for which a license is
  847  sought and an indication, as in the original application, that
  848  such location conforms to the local zoning ordinances.
  849         (b) A signed affidavit disclosing any financial or
  850  ownership interest that a controlling interest as defined in
  851  part II of chapter 408 has held in the last 5 years in any
  852  entity licensed by this state or any other state to provide
  853  health or residential care which has closed voluntarily or
  854  involuntarily; has filed for bankruptcy; has had a receiver
  855  appointed; has had a license denied, suspended, or revoked; or
  856  has had an injunction issued against it which was initiated by a
  857  regulatory agency. The affidavit must disclose the reason any
  858  such entity was closed, whether voluntarily or involuntarily.
  859         (c) The total number of beds and the total number of
  860  Medicare and Medicaid certified beds.
  861         (b)(d) Information relating to the applicant and employees
  862  which the agency requires by rule. The applicant must
  863  demonstrate that sufficient numbers of qualified staff, by
  864  training or experience, will be employed to properly care for
  865  the type and number of residents who will reside in the
  866  facility.
  867         (e) Copies of any civil verdict or judgment involving the
  868  applicant rendered within the 10 years preceding the
  869  application, relating to medical negligence, violation of
  870  residents’ rights, or wrongful death. As a condition of
  871  licensure, the licensee agrees to provide to the agency copies
  872  of any new verdict or judgment involving the applicant, relating
  873  to such matters, within 30 days after filing with the clerk of
  874  the court. The information required in this paragraph shall be
  875  maintained in the facility’s licensure file and in an agency
  876  database which is available as a public record.
  877         (5) As a condition of licensure, each facility must
  878  establish and submit with its application a plan for quality
  879  assurance and for conducting risk management.
  880         Section 24. Section 400.0712, Florida Statutes, is amended
  881  to read:
  882         400.0712 Application for inactive license.—
  883         (1) As specified in this section, the agency may issue an
  884  inactive license to a nursing home facility for all or a portion
  885  of its beds. Any request by a licensee that a nursing home or
  886  portion of a nursing home become inactive must be submitted to
  887  the agency in the approved format. The facility may not initiate
  888  any suspension of services, notify residents, or initiate
  889  inactivity before receiving approval from the agency; and a
  890  licensee that violates this provision may not be issued an
  891  inactive license.
  892         (1)(2)In addition to the powers granted under part II of
  893  chapter 408, the agency may issue an inactive license for a
  894  portion of the total beds to a nursing home that chooses to use
  895  an unoccupied contiguous portion of the facility for an
  896  alternative use to meet the needs of elderly persons through the
  897  use of less restrictive, less institutional services.
  898         (a) An inactive license issued under this subsection may be
  899  granted for a period not to exceed the current licensure
  900  expiration date but may be renewed by the agency at the time of
  901  licensure renewal.
  902         (b) A request to extend the inactive license must be
  903  submitted to the agency in the approved format and approved by
  904  the agency in writing.
  905         (c) Nursing homes that receive an inactive license to
  906  provide alternative services shall not receive preference for
  907  participation in the Assisted Living for the Elderly Medicaid
  908  waiver.
  909         (2)(3) The agency shall adopt rules pursuant to ss.
  910  120.536(1) and 120.54 necessary to implement this section.
  911         Section 25. Section 400.111, Florida Statutes, is amended
  912  to read:
  913         400.111 Disclosure of controlling interest.—In addition to
  914  the requirements of part II of chapter 408, when requested by
  915  the agency, the licensee shall submit a signed affidavit
  916  disclosing any financial or ownership interest that a
  917  controlling interest has held within the last 5 years in any
  918  entity licensed by the state or any other state to provide
  919  health or residential care which entity has closed voluntarily
  920  or involuntarily; has filed for bankruptcy; has had a receiver
  921  appointed; has had a license denied, suspended, or revoked; or
  922  has had an injunction issued against it which was initiated by a
  923  regulatory agency. The affidavit must disclose the reason such
  924  entity was closed, whether voluntarily or involuntarily.
  925         Section 26. Subsection (2) of section 400.1183, Florida
  926  Statutes, is amended to read:
  927         400.1183 Resident grievance procedures.—
  928         (2) Each facility shall maintain records of all grievances
  929  and shall retain a log for agency inspection of report to the
  930  agency at the time of relicensure the total number of grievances
  931  handled during the prior licensure period, a categorization of
  932  the cases underlying the grievances, and the final disposition
  933  of the grievances.
  934         Section 27. Paragraphs (o) through (w) of subsection (1) of
  935  section 400.141, Florida Statutes, are redesignated as
  936  paragraphs (n) through (u), respectively, and present paragraphs
  937  (f), (g), (j), (n), (o), and (r) of that subsection are amended,
  938  to read:
  939         400.141 Administration and management of nursing home
  940  facilities.—
  941         (1) Every licensed facility shall comply with all
  942  applicable standards and rules of the agency and shall:
  943         (f) Be allowed and encouraged by the agency to provide
  944  other needed services under certain conditions. If the facility
  945  has a standard licensure status, and has had no class I or class
  946  II deficiencies during the past 2 years or has been awarded a
  947  Gold Seal under the program established in s. 400.235, it may be
  948  encouraged by the agency to provide services, including, but not
  949  limited to, respite and adult day services, which enable
  950  individuals to move in and out of the facility. A facility is
  951  not subject to any additional licensure requirements for
  952  providing these services, under the following conditions:.
  953         1. Respite care may be offered to persons in need of short
  954  term or temporary nursing home services. For each person
  955  admitted under the respite care program, the facility licensee
  956  must:
  957         a. Have a written abbreviated plan of care that, at a
  958  minimum, includes nutritional requirements, medication orders,
  959  physician orders, nursing assessments, and dietary preferences.
  960  The nursing or physician assessments may take the place of all
  961  other assessments required for full-time residents.
  962         b. Have a contract that, at a minimum, specifies the
  963  services to be provided to the respite resident, including
  964  charges for services, activities, equipment, emergency medical
  965  services, and the administration of medications. If multiple
  966  respite admissions for a single person are anticipated, the
  967  original contract is valid for 1 year after the date of
  968  execution.
  969         c. Ensure that each resident is released to his or her
  970  caregiver or an individual designated in writing by the
  971  caregiver.
  972         2. A person admitted under the respite care program is:
  973         a. Exempt from requirements in rule related to discharge
  974  planning.
  975         b. Covered by the residents’ rights set forth in s.
  976  400.022(1)(a)-(o) and (r)-(t). Funds or property of the resident
  977  shall not be considered trust funds subject to the requirements
  978  of s. 400.022(1)(h) until the resident has been in the facility
  979  for more than 14 consecutive days.
  980         c. Allowed to use his or her personal medications for the
  981  respite stay if permitted by facility policy. The facility must
  982  obtain a physician’s order for the medications. The caregiver
  983  may provide information regarding the medications as part of the
  984  nursing assessment and that information must agree with the
  985  physician’s order. Medications shall be released with the
  986  resident upon discharge in accordance with current physician’s
  987  orders.
  988         3. A person receiving respite care is entitled to reside in
  989  the facility for a total of 60 days within a contract year or
  990  within a calendar year if the contract is for less than 12
  991  months. However, each single stay may not exceed 14 days. If a
  992  stay exceeds 14 consecutive days, the facility must comply with
  993  all assessment and care planning requirements applicable to
  994  nursing home residents.
  995         4. A person receiving respite care must reside in a
  996  licensed nursing home bed.
  997         5. A prospective respite resident must provide medical
  998  information from a physician, a physician assistant, or a nurse
  999  practitioner and other information from the primary caregiver as
 1000  may be required by the facility prior to or at the time of
 1001  admission to receive respite care. The medical information must
 1002  include a physician’s order for respite care and proof of a
 1003  physical examination by a licensed physician, physician
 1004  assistant, or nurse practitioner. The physician’s order and
 1005  physical examination may be used to provide intermittent respite
 1006  care for up to 12 months after the date the order is written.
 1007         6. The facility must assume the duties of the primary
 1008  caregiver. To ensure continuity of care and services, the
 1009  resident is entitled to retain his or her personal physician and
 1010  must have access to medically necessary services such as
 1011  physical therapy, occupational therapy, or speech therapy, as
 1012  needed. The facility must arrange for transportation to these
 1013  services if necessary. Respite care must be provided in
 1014  accordance with this part and rules adopted by the agency.
 1015  However, the agency shall, by rule, adopt modified requirements
 1016  for resident assessment, resident care plans, resident
 1017  contracts, physician orders, and other provisions, as
 1018  appropriate, for short-term or temporary nursing home services.
 1019         7. The agency shall allow for shared programming and staff
 1020  in a facility which meets minimum standards and offers services
 1021  pursuant to this paragraph, but, if the facility is cited for
 1022  deficiencies in patient care, may require additional staff and
 1023  programs appropriate to the needs of service recipients. A
 1024  person who receives respite care may not be counted as a
 1025  resident of the facility for purposes of the facility’s licensed
 1026  capacity unless that person receives 24-hour respite care. A
 1027  person receiving either respite care for 24 hours or longer or
 1028  adult day services must be included when calculating minimum
 1029  staffing for the facility. Any costs and revenues generated by a
 1030  nursing home facility from nonresidential programs or services
 1031  shall be excluded from the calculations of Medicaid per diems
 1032  for nursing home institutional care reimbursement.
 1033         (g) If the facility has a standard license or is a Gold
 1034  Seal facility, exceeds the minimum required hours of licensed
 1035  nursing and certified nursing assistant direct care per resident
 1036  per day, and is part of a continuing care facility licensed
 1037  under chapter 651 or a retirement community that offers other
 1038  services pursuant to part III of this chapter or part I or part
 1039  III of chapter 429 on a single campus, be allowed to share
 1040  programming and staff. At the time of inspection and in the
 1041  semiannual report required pursuant to paragraph (o), A
 1042  continuing care facility or retirement community that uses this
 1043  option must demonstrate through staffing records that minimum
 1044  staffing requirements for the facility were met. Licensed nurses
 1045  and certified nursing assistants who work in the nursing home
 1046  facility may be used to provide services elsewhere on campus if
 1047  the facility exceeds the minimum number of direct care hours
 1048  required per resident per day and the total number of residents
 1049  receiving direct care services from a licensed nurse or a
 1050  certified nursing assistant does not cause the facility to
 1051  violate the staffing ratios required under s. 400.23(3)(a).
 1052  Compliance with the minimum staffing ratios shall be based on
 1053  total number of residents receiving direct care services,
 1054  regardless of where they reside on campus. If the facility
 1055  receives a conditional license, it may not share staff until the
 1056  conditional license status ends. This paragraph does not
 1057  restrict the agency’s authority under federal or state law to
 1058  require additional staff if a facility is cited for deficiencies
 1059  in care which are caused by an insufficient number of certified
 1060  nursing assistants or licensed nurses. The agency may adopt
 1061  rules for the documentation necessary to determine compliance
 1062  with this provision.
 1063         (j) Keep full records of resident admissions and
 1064  discharges; medical and general health status, including medical
 1065  records, personal and social history, and identity and address
 1066  of next of kin or other persons who may have responsibility for
 1067  the affairs of the residents; and individual resident care plans
 1068  including, but not limited to, prescribed services, service
 1069  frequency and duration, and service goals. The records shall be
 1070  open to inspection by the agency. The facility must maintain
 1071  clinical records on each resident in accordance with accepted
 1072  professional standards and practices that are complete,
 1073  accurately documented, readily accessible, and systematically
 1074  organized.
 1075         (n) Submit to the agency the information specified in s.
 1076  400.071(1)(b) for a management company within 30 days after the
 1077  effective date of the management agreement.
 1078         (n)(o)1. Submit semiannually to the agency, or more
 1079  frequently if requested by the agency, information regarding
 1080  facility staff-to-resident ratios, staff turnover, and staff
 1081  stability, including information regarding certified nursing
 1082  assistants, licensed nurses, the director of nursing, and the
 1083  facility administrator. For purposes of this reporting:
 1084         a. Staff-to-resident ratios must be reported in the
 1085  categories specified in s. 400.23(3)(a) and applicable rules.
 1086  The ratio must be reported as an average for the most recent
 1087  calendar quarter.
 1088         b. Staff turnover must be reported for the most recent 12
 1089  month period ending on the last workday of the most recent
 1090  calendar quarter prior to the date the information is submitted.
 1091  The turnover rate must be computed quarterly, with the annual
 1092  rate being the cumulative sum of the quarterly rates. The
 1093  turnover rate is the total number of terminations or separations
 1094  experienced during the quarter, excluding any employee
 1095  terminated during a probationary period of 3 months or less,
 1096  divided by the total number of staff employed at the end of the
 1097  period for which the rate is computed, and expressed as a
 1098  percentage.
 1099         c. The formula for determining staff stability is the total
 1100  number of employees that have been employed for more than 12
 1101  months, divided by the total number of employees employed at the
 1102  end of the most recent calendar quarter, and expressed as a
 1103  percentage.
 1104         d. A nursing facility that has failed to comply with state
 1105  minimum-staffing requirements for 2 consecutive days is
 1106  prohibited from accepting new admissions until the facility has
 1107  achieved the minimum-staffing requirements for a period of 6
 1108  consecutive days. For the purposes of this sub-subparagraph, any
 1109  person who was a resident of the facility and was absent from
 1110  the facility for the purpose of receiving medical care at a
 1111  separate location or was on a leave of absence is not considered
 1112  a new admission. Failure to impose such an admissions moratorium
 1113  is subject to a $1,000 fine constitutes a class II deficiency.
 1114         2.e. A nursing facility which does not have a conditional
 1115  license may be cited for failure to comply with the standards in
 1116  s. 400.23(3)(a)1.b. and c. only if it has failed to meet those
 1117  standards on 2 consecutive days or if it has failed to meet at
 1118  least 97 percent of those standards on any one day.
 1119         3.f. A facility which has a conditional license must be in
 1120  compliance with the standards in s. 400.23(3)(a) at all times.
 1121         (r)2. This subsection paragraph does not limit the agency’s
 1122  ability to impose a deficiency or take other actions if a
 1123  facility does not have enough staff to meet the residents’
 1124  needs.
 1125         (r) Report to the agency any filing for bankruptcy
 1126  protection by the facility or its parent corporation,
 1127  divestiture or spin-off of its assets, or corporate
 1128  reorganization within 30 days after the completion of such
 1129  activity.
 1130         Section 28. Subsection (3) of section 400.142, Florida
 1131  Statutes, is amended to read:
 1132         400.142 Emergency medication kits; orders not to
 1133  resuscitate.—
 1134         (3) Facility staff may withhold or withdraw cardiopulmonary
 1135  resuscitation if presented with an order not to resuscitate
 1136  executed pursuant to s. 401.45. The agency shall adopt rules
 1137  providing for the implementation of such orders. Facility staff
 1138  and facilities shall not be subject to criminal prosecution or
 1139  civil liability, nor be considered to have engaged in negligent
 1140  or unprofessional conduct, for withholding or withdrawing
 1141  cardiopulmonary resuscitation pursuant to such an order and
 1142  rules adopted by the agency. The absence of an order not to
 1143  resuscitate executed pursuant to s. 401.45 does not preclude a
 1144  physician from withholding or withdrawing cardiopulmonary
 1145  resuscitation as otherwise permitted by law.
 1146         Section 29. Present subsections (9), (11), (12), (13),
 1147  (14), and (15) of section 400.147, Florida Statutes, are
 1148  renumbered as subsections (8), (9), (10), (11), (12), and (13),
 1149  respectively, and present subsections (7), (8), and (10) of that
 1150  section are amended to read:
 1151         400.147 Internal risk management and quality assurance
 1152  program.—
 1153         (7) The facility shall initiate an investigation and shall
 1154  notify the agency within 1 business day after the risk manager
 1155  or his or her designee has received a report pursuant to
 1156  paragraph (1)(d). Each facility shall complete the investigation
 1157  and submit a report to the agency within 15 calendar days if the
 1158  incident is determined to be an adverse incident as defined in
 1159  subsection (5). The notification must be made in writing and be
 1160  provided electronically, by facsimile device or overnight mail
 1161  delivery. The agency shall develop a form for reporting this
 1162  information, and the notification must include the name of the
 1163  risk manager of the facility, information regarding the identity
 1164  of the affected resident, the type of adverse incident, the
 1165  initiation of an investigation by the facility, and whether the
 1166  events causing or resulting in the adverse incident represent a
 1167  potential risk to any other resident. The notification is
 1168  confidential as provided by law and is not discoverable or
 1169  admissible in any civil or administrative action, except in
 1170  disciplinary proceedings by the agency or the appropriate
 1171  regulatory board. The agency may investigate, as it deems
 1172  appropriate, any such incident and prescribe measures that must
 1173  or may be taken in response to the incident. The agency shall
 1174  review each report incident and determine whether it potentially
 1175  involved conduct by the health care professional who is subject
 1176  to disciplinary action, in which case the provisions of s.
 1177  456.073 shall apply.
 1178         (8)(a) Each facility shall complete the investigation and
 1179  submit an adverse incident report to the agency for each adverse
 1180  incident within 15 calendar days after its occurrence. If, after
 1181  a complete investigation, the risk manager determines that the
 1182  incident was not an adverse incident as defined in subsection
 1183  (5), the facility shall include this information in the report.
 1184  The agency shall develop a form for reporting this information.
 1185         (b) The information reported to the agency pursuant to
 1186  paragraph (a) which relates to persons licensed under chapter
 1187  458, chapter 459, chapter 461, or chapter 466 shall be reviewed
 1188  by the agency. The agency shall determine whether any of the
 1189  incidents potentially involved conduct by a health care
 1190  professional who is subject to disciplinary action, in which
 1191  case the provisions of s. 456.073 shall apply.
 1192         (c) The report submitted to the agency must also contain
 1193  the name of the risk manager of the facility.
 1194         (d) The adverse incident report is confidential as provided
 1195  by law and is not discoverable or admissible in any civil or
 1196  administrative action, except in disciplinary proceedings by the
 1197  agency or the appropriate regulatory board.
 1198         (10) By the 10th of each month, each facility subject to
 1199  this section shall report any notice received pursuant to s.
 1200  400.0233(2) and each initial complaint that was filed with the
 1201  clerk of the court and served on the facility during the
 1202  previous month by a resident or a resident’s family member,
 1203  guardian, conservator, or personal legal representative. The
 1204  report must include the name of the resident, the resident’s
 1205  date of birth and social security number, the Medicaid
 1206  identification number for Medicaid-eligible persons, the date or
 1207  dates of the incident leading to the claim or dates of
 1208  residency, if applicable, and the type of injury or violation of
 1209  rights alleged to have occurred. Each facility shall also submit
 1210  a copy of the notices received pursuant to s. 400.0233(2) and
 1211  complaints filed with the clerk of the court. This report is
 1212  confidential as provided by law and is not discoverable or
 1213  admissible in any civil or administrative action, except in such
 1214  actions brought by the agency to enforce the provisions of this
 1215  part.
 1216         Section 30. Section 400.148, Florida Statutes, is repealed.
 1217         Section 31. Paragraph (e) of subsection (2) of section
 1218  400.179, Florida Statutes, is amended to read:
 1219         400.179 Liability for Medicaid underpayments and
 1220  overpayments.—
 1221         (2) Because any transfer of a nursing facility may expose
 1222  the fact that Medicaid may have underpaid or overpaid the
 1223  transferor, and because in most instances, any such underpayment
 1224  or overpayment can only be determined following a formal field
 1225  audit, the liabilities for any such underpayments or
 1226  overpayments shall be as follows:
 1227         (e) For the 2009-2010 fiscal year only, the provisions of
 1228  paragraph (d) shall not apply. This paragraph expires July 1,
 1229  2010.
 1230         Section 32. Subsection (3) of section 400.19, Florida
 1231  Statutes, is amended to read:
 1232         400.19 Right of entry and inspection.—
 1233         (3) The agency shall every 15 months conduct at least one
 1234  unannounced inspection to determine compliance by the licensee
 1235  with statutes, and with rules promulgated under the provisions
 1236  of those statutes, governing minimum standards of construction,
 1237  quality and adequacy of care, and rights of residents. The
 1238  survey shall be conducted every 6 months for the next 2-year
 1239  period if the facility has been cited for a class I deficiency,
 1240  has been cited for two or more class II deficiencies arising
 1241  from separate surveys or investigations within a 60-day period,
 1242  or has had three or more substantiated complaints within a 6
 1243  month period, each resulting in at least one class I or class II
 1244  deficiency. In addition to any other fees or fines in this part,
 1245  the agency shall assess a fine for each facility that is subject
 1246  to the 6-month survey cycle. The fine for the 2-year period
 1247  shall be $6,000, one-half to be paid at the completion of each
 1248  survey. The agency may adjust this fine by the change in the
 1249  Consumer Price Index, based on the 12 months immediately
 1250  preceding the increase, to cover the cost of the additional
 1251  surveys. The agency shall verify through subsequent inspection
 1252  that any deficiency identified during inspection is corrected.
 1253  However, the agency may verify the correction of a class III or
 1254  class IV deficiency unrelated to resident rights or resident
 1255  care without reinspecting the facility if adequate written
 1256  documentation has been received from the facility, which
 1257  provides assurance that the deficiency has been corrected. The
 1258  giving or causing to be given of advance notice of such
 1259  unannounced inspections by an employee of the agency to any
 1260  unauthorized person shall constitute cause for suspension of not
 1261  fewer than 5 working days according to the provisions of chapter
 1262  110.
 1263         Section 33. Subsection (5) of section 400.23, Florida
 1264  Statutes, is amended to read:
 1265         400.23 Rules; evaluation and deficiencies; licensure
 1266  status.—
 1267         (5)(a) The agency, in collaboration with the Division of
 1268  Children’s Medical Services Network of the Department of Health,
 1269  must, no later than December 31, 1993, adopt rules for minimum
 1270  standards of care for persons under 21 years of age who reside
 1271  in nursing home facilities. The rules must include a methodology
 1272  for reviewing a nursing home facility under ss. 408.031-408.045
 1273  which serves only persons under 21 years of age. A facility may
 1274  be exempt from these standards for specific persons between 18
 1275  and 21 years of age, if the person’s physician agrees that
 1276  minimum standards of care based on age are not necessary.
 1277         (b) The agency, in collaboration with the Division of
 1278  Children’s Medical Services Network, shall adopt rules for
 1279  minimum staffing requirements for nursing home facilities that
 1280  serve persons under 21 years of age, which shall apply in lieu
 1281  of the standards contained in subsection (3).
 1282         1. For persons under 21 years of age who require skilled
 1283  care, the requirements shall include a minimum combined average
 1284  of licensed nurses, respiratory therapists, respiratory care
 1285  practitioners, and certified nursing assistants of 3.9 hours of
 1286  direct care per resident per day for each nursing home facility.
 1287         2. For persons under 21 years of age who are fragile, the
 1288  requirements shall include a minimum combined average of
 1289  licensed nurses, respiratory therapists, respiratory care
 1290  practitioners, and certified nursing assistants of 5 hours of
 1291  direct care per resident per day for each nursing home facility.
 1292         Section 34. Subsection (1) of section 400.275, Florida
 1293  Statutes, is amended to read:
 1294         400.275 Agency duties.—
 1295         (1) The agency shall ensure that each newly hired nursing
 1296  home surveyor, as a part of basic training, is assigned full
 1297  time to a licensed nursing home for at least 2 days within a 7
 1298  day period to observe facility operations outside of the survey
 1299  process before the surveyor begins survey responsibilities. Such
 1300  observations may not be the sole basis of a deficiency citation
 1301  against the facility. The agency may not assign an individual to
 1302  be a member of a survey team for purposes of a survey,
 1303  evaluation, or consultation visit at a nursing home facility in
 1304  which the surveyor was an employee within the preceding 2 5
 1305  years.
 1306         Section 35. Subsection (2) of section 400.484, Florida
 1307  Statutes, is amended to read:
 1308         400.484 Right of inspection; violations deficiencies;
 1309  fines.—
 1310         (2) The agency shall impose fines for various classes of
 1311  violations deficiencies in accordance with the following
 1312  schedule:
 1313         (a) Class I violations are defined in s. 408.813. A class I
 1314  deficiency is any act, omission, or practice that results in a
 1315  patient’s death, disablement, or permanent injury, or places a
 1316  patient at imminent risk of death, disablement, or permanent
 1317  injury. Upon finding a class I violation deficiency, the agency
 1318  shall impose an administrative fine in the amount of $15,000 for
 1319  each occurrence and each day that the violation deficiency
 1320  exists.
 1321         (b) Class II violations are defined in s. 408.813. A class
 1322  II deficiency is any act, omission, or practice that has a
 1323  direct adverse effect on the health, safety, or security of a
 1324  patient. Upon finding a class II violation deficiency, the
 1325  agency shall impose an administrative fine in the amount of
 1326  $5,000 for each occurrence and each day that the violation
 1327  deficiency exists.
 1328         (c) Class III violations are defined in s. 408.813. A class
 1329  III deficiency is any act, omission, or practice that has an
 1330  indirect, adverse effect on the health, safety, or security of a
 1331  patient. Upon finding an uncorrected or repeated class III
 1332  violation deficiency, the agency shall impose an administrative
 1333  fine not to exceed $1,000 for each occurrence and each day that
 1334  the uncorrected or repeated violation deficiency exists.
 1335         (d) Class IV violations are defined in s. 408.813. A class
 1336  IV deficiency is any act, omission, or practice related to
 1337  required reports, forms, or documents which does not have the
 1338  potential of negatively affecting patients. These violations are
 1339  of a type that the agency determines do not threaten the health,
 1340  safety, or security of patients. Upon finding an uncorrected or
 1341  repeated class IV violation deficiency, the agency shall impose
 1342  an administrative fine not to exceed $500 for each occurrence
 1343  and each day that the uncorrected or repeated violation
 1344  deficiency exists.
 1345         Section 36. Paragraph (i) of subsection (1) and subsection
 1346  (4) of section 400.606, Florida Statutes, are amended to read:
 1347         400.606 License; application; renewal; conditional license
 1348  or permit; certificate of need.—
 1349         (1) In addition to the requirements of part II of chapter
 1350  408, the initial application and change of ownership application
 1351  must be accompanied by a plan for the delivery of home,
 1352  residential, and homelike inpatient hospice services to
 1353  terminally ill persons and their families. Such plan must
 1354  contain, but need not be limited to:
 1355         (i) The projected annual operating cost of the hospice.
 1356  
 1357  If the applicant is an existing licensed health care provider,
 1358  the application must be accompanied by a copy of the most recent
 1359  profit-loss statement and, if applicable, the most recent
 1360  licensure inspection report.
 1361         (4) A freestanding hospice facility that is primarily
 1362  engaged in providing inpatient and related services and that is
 1363  not otherwise licensed as a health care facility shall be
 1364  required to obtain a certificate of need. However, a
 1365  freestanding hospice facility with six or fewer beds shall not
 1366  be required to comply with institutional standards such as, but
 1367  not limited to, standards requiring sprinkler systems, emergency
 1368  electrical systems, or special lavatory devices.
 1369         Section 37. Subsection (2) of section 400.607, Florida
 1370  Statutes, is amended to read:
 1371         400.607 Denial, suspension, revocation of license;
 1372  emergency actions; imposition of administrative fine; grounds.—
 1373         (2) A violation of this part, part II of chapter 408, or
 1374  applicable rules Any of the following actions by a licensed
 1375  hospice or any of its employees shall be grounds for
 1376  administrative action by the agency against a hospice.:
 1377         (a) A violation of the provisions of this part, part II of
 1378  chapter 408, or applicable rules.
 1379         (b) An intentional or negligent act materially affecting
 1380  the health or safety of a patient.
 1381         Section 38. Section 400.915, Florida Statutes, is amended
 1382  to read:
 1383         400.915 Construction and renovation; requirements.—The
 1384  requirements for the construction or renovation of a PPEC center
 1385  shall comply with:
 1386         (1) The provisions of chapter 553, which pertain to
 1387  building construction standards, including plumbing, electrical
 1388  code, glass, manufactured buildings, accessibility for the
 1389  physically disabled;
 1390         (2) The provisions of s. 633.022 and applicable rules
 1391  pertaining to physical minimum standards for nonresidential
 1392  child care physical facilities in rule 10M-12.003, Florida
 1393  Administrative Code, Child Care Standards; and
 1394         (3) The standards or rules adopted pursuant to this part
 1395  and part II of chapter 408.
 1396         Section 39. Subsection (1) of section 400.925, Florida
 1397  Statutes, is amended to read:
 1398         400.925 Definitions.—As used in this part, the term:
 1399         (1) “Accrediting organizations” means the Joint Commission
 1400  on Accreditation of Healthcare Organizations or other national
 1401  accreditation agencies whose standards for accreditation are
 1402  comparable to those required by this part for licensure.
 1403         Section 40. Subsections (3) through (6) of section 400.931,
 1404  Florida Statutes, are renumbered as subsections (2) through (5),
 1405  respectively, and present subsection (2) of that section is
 1406  amended to read:
 1407         400.931 Application for license; fee; provisional license;
 1408  temporary permit.—
 1409         (2) As an alternative to submitting proof of financial
 1410  ability to operate as required in s. 408.810(8), the applicant
 1411  may submit a $50,000 surety bond to the agency.
 1412         Section 41. Subsection (2) of section 400.932, Florida
 1413  Statutes, is amended to read:
 1414         400.932 Administrative penalties.—
 1415         (2) A violation of this part, part II of chapter 408, or
 1416  applicable rules Any of the following actions by an employee of
 1417  a home medical equipment provider shall be are grounds for
 1418  administrative action or penalties by the agency.:
 1419         (a) Violation of this part, part II of chapter 408, or
 1420  applicable rules.
 1421         (b) An intentional, reckless, or negligent act that
 1422  materially affects the health or safety of a patient.
 1423         Section 42. Subsection (3) of section 400.967, Florida
 1424  Statutes, is amended to read:
 1425         400.967 Rules and classification of violations
 1426  deficiencies.—
 1427         (3) The agency shall adopt rules to provide that, when the
 1428  criteria established under this part and part II of chapter 408
 1429  are not met, such violations deficiencies shall be classified
 1430  according to the nature of the violation deficiency. The agency
 1431  shall indicate the classification on the face of the notice of
 1432  deficiencies as follows:
 1433         (a) Class I violations deficiencies are defined in s.
 1434  408.813 those which the agency determines present an imminent
 1435  danger to the residents or guests of the facility or a
 1436  substantial probability that death or serious physical harm
 1437  would result therefrom. The condition or practice constituting a
 1438  class I violation must be abated or eliminated immediately,
 1439  unless a fixed period of time, as determined by the agency, is
 1440  required for correction. A class I violation deficiency is
 1441  subject to a civil penalty in an amount not less than $5,000 and
 1442  not exceeding $10,000 for each violation deficiency. A fine may
 1443  be levied notwithstanding the correction of the violation
 1444  deficiency.
 1445         (b) Class II violations deficiencies are defined in s.
 1446  408.813 those which the agency determines have a direct or
 1447  immediate relationship to the health, safety, or security of the
 1448  facility residents, other than class I deficiencies. A class II
 1449  violation deficiency is subject to a civil penalty in an amount
 1450  not less than $1,000 and not exceeding $5,000 for each violation
 1451  deficiency. A citation for a class II violation deficiency shall
 1452  specify the time within which the violation deficiency must be
 1453  corrected. If a class II violation deficiency is corrected
 1454  within the time specified, no civil penalty shall be imposed,
 1455  unless it is a repeated offense.
 1456         (c) Class III violations deficiencies are defined in s.
 1457  408.813 those which the agency determines to have an indirect or
 1458  potential relationship to the health, safety, or security of the
 1459  facility residents, other than class I or class II deficiencies.
 1460  A class III violation deficiency is subject to a civil penalty
 1461  of not less than $500 and not exceeding $1,000 for each
 1462  deficiency. A citation for a class III violation deficiency
 1463  shall specify the time within which the violation deficiency
 1464  must be corrected. If a class III violation deficiency is
 1465  corrected within the time specified, no civil penalty shall be
 1466  imposed, unless it is a repeated offense.
 1467         (d) Class IV violations are defined in s. 408.813. Upon
 1468  finding an uncorrected or repeated class IV violation, the
 1469  agency shall impose an administrative fine not to exceed $500
 1470  for each occurrence and each day that the uncorrected or
 1471  repeated violation exists.
 1472         Section 43. Subsections (4) and (7) of section 400.9905,
 1473  Florida Statutes, are amended to read:
 1474         400.9905 Definitions.—
 1475         (4) “Clinic” means an entity at which health care services
 1476  are provided to individuals and which tenders charges for
 1477  reimbursement for such services, including a mobile clinic and a
 1478  portable health service or equipment provider. For purposes of
 1479  this part, the term does not include and the licensure
 1480  requirements of this part do not apply to:
 1481         (a) Entities licensed or registered by the state under
 1482  chapter 395; or entities licensed or registered by the state and
 1483  providing only health care services within the scope of services
 1484  authorized under their respective licenses granted under ss.
 1485  383.30-383.335, chapter 390, chapter 394, chapter 397, this
 1486  chapter except part X, chapter 429, chapter 463, chapter 465,
 1487  chapter 466, chapter 478, part I of chapter 483, chapter 484, or
 1488  chapter 651; end-stage renal disease providers authorized under
 1489  42 C.F.R. part 405, subpart U; or providers certified under 42
 1490  C.F.R. part 485, subpart B or subpart H; or any entity that
 1491  provides neonatal or pediatric hospital-based health care
 1492  services or other health care services by licensed practitioners
 1493  solely within a hospital licensed under chapter 395.
 1494         (b) Entities that own, directly or indirectly, entities
 1495  licensed or registered by the state pursuant to chapter 395; or
 1496  entities that own, directly or indirectly, entities licensed or
 1497  registered by the state and providing only health care services
 1498  within the scope of services authorized pursuant to their
 1499  respective licenses granted under ss. 383.30-383.335, chapter
 1500  390, chapter 394, chapter 397, this chapter except part X,
 1501  chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
 1502  part I of chapter 483, chapter 484, chapter 651; end-stage renal
 1503  disease providers authorized under 42 C.F.R. part 405, subpart
 1504  U; or providers certified under 42 C.F.R. part 485, subpart B or
 1505  subpart H; or any entity that provides neonatal or pediatric
 1506  hospital-based health care services by licensed practitioners
 1507  solely within a hospital licensed under chapter 395.
 1508         (c) Entities that are owned, directly or indirectly, by an
 1509  entity licensed or registered by the state pursuant to chapter
 1510  395; or entities that are owned, directly or indirectly, by an
 1511  entity licensed or registered by the state and providing only
 1512  health care services within the scope of services authorized
 1513  pursuant to their respective licenses granted under ss. 383.30
 1514  383.335, chapter 390, chapter 394, chapter 397, this chapter
 1515  except part X, chapter 429, chapter 463, chapter 465, chapter
 1516  466, chapter 478, part I of chapter 483, chapter 484, or chapter
 1517  651; end-stage renal disease providers authorized under 42
 1518  C.F.R. part 405, subpart U; or providers certified under 42
 1519  C.F.R. part 485, subpart B or subpart H; or any entity that
 1520  provides neonatal or pediatric hospital-based health care
 1521  services by licensed practitioners solely within a hospital
 1522  under chapter 395.
 1523         (d) Entities that are under common ownership, directly or
 1524  indirectly, with an entity licensed or registered by the state
 1525  pursuant to chapter 395; or entities that are under common
 1526  ownership, directly or indirectly, with an entity licensed or
 1527  registered by the state and providing only health care services
 1528  within the scope of services authorized pursuant to their
 1529  respective licenses granted under ss. 383.30-383.335, chapter
 1530  390, chapter 394, chapter 397, this chapter except part X,
 1531  chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
 1532  part I of chapter 483, chapter 484, or chapter 651; end-stage
 1533  renal disease providers authorized under 42 C.F.R. part 405,
 1534  subpart U; or providers certified under 42 C.F.R. part 485,
 1535  subpart B or subpart H; or any entity that provides neonatal or
 1536  pediatric hospital-based health care services by licensed
 1537  practitioners solely within a hospital licensed under chapter
 1538  395.
 1539         (e) An entity that is exempt from federal taxation under 26
 1540  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1541  under 26 U.S.C. s. 409 that has a board of trustees not less
 1542  than two-thirds of which are Florida-licensed health care
 1543  practitioners and provides only physical therapy services under
 1544  physician orders, any community college or university clinic,
 1545  and any entity owned or operated by the federal or state
 1546  government, including agencies, subdivisions, or municipalities
 1547  thereof.
 1548         (f) A sole proprietorship, group practice, partnership, or
 1549  corporation that provides health care services by physicians
 1550  covered by s. 627.419, that is directly supervised by one or
 1551  more of such physicians, and that is wholly owned by one or more
 1552  of those physicians or by a physician and the spouse, parent,
 1553  child, or sibling of that physician.
 1554         (g) A sole proprietorship, group practice, partnership, or
 1555  corporation that provides health care services by licensed
 1556  health care practitioners under chapter 457, chapter 458,
 1557  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1558  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1559  chapter 490, chapter 491, or part I, part III, part X, part
 1560  XIII, or part XIV of chapter 468, or s. 464.012, which are
 1561  wholly owned by one or more licensed health care practitioners,
 1562  or the licensed health care practitioners set forth in this
 1563  paragraph and the spouse, parent, child, or sibling of a
 1564  licensed health care practitioner, so long as one of the owners
 1565  who is a licensed health care practitioner is supervising the
 1566  business activities and is legally responsible for the entity’s
 1567  compliance with all federal and state laws. However, a health
 1568  care practitioner may not supervise services beyond the scope of
 1569  the practitioner’s license, except that, for the purposes of
 1570  this part, a clinic owned by a licensee in s. 456.053(3)(b) that
 1571  provides only services authorized pursuant to s. 456.053(3)(b)
 1572  may be supervised by a licensee specified in s. 456.053(3)(b).
 1573         (h) Clinical facilities affiliated with an accredited
 1574  medical school at which training is provided for medical
 1575  students, residents, or fellows.
 1576         (i) Entities that provide only oncology or radiation
 1577  therapy services by physicians licensed under chapter 458 or
 1578  chapter 459 or entities that provide oncology or radiation
 1579  therapy services by physicians licensed under chapter 458 or
 1580  chapter 459 which are owned by a corporation whose shares are
 1581  publicly traded on a recognized stock exchange.
 1582         (j) Clinical facilities affiliated with a college of
 1583  chiropractic accredited by the Council on Chiropractic Education
 1584  at which training is provided for chiropractic students.
 1585         (k) Entities that provide licensed practitioners to staff
 1586  emergency departments or to deliver anesthesia services in
 1587  facilities licensed under chapter 395 and that derive at least
 1588  90 percent of their gross annual revenues from the provision of
 1589  such services. Entities claiming an exemption from licensure
 1590  under this paragraph must provide documentation demonstrating
 1591  compliance.
 1592         (l) Orthotic, or prosthetic, pediatric cardiology, or
 1593  perinatology clinical facilities that are a publicly traded
 1594  corporation or that are wholly owned, directly or indirectly, by
 1595  a publicly traded corporation. As used in this paragraph, a
 1596  publicly traded corporation is a corporation that issues
 1597  securities traded on an exchange registered with the United
 1598  States Securities and Exchange Commission as a national
 1599  securities exchange.
 1600         (m) Entities that are owned by a corporation that has $250
 1601  million or more in total annual sales of health care services
 1602  provided by licensed health care practitioners if one or more of
 1603  the owners of the entity is a health care practitioner who is
 1604  licensed in this state, is responsible for supervising the
 1605  business activities of the entity, and is legally responsible
 1606  for the entity’s compliance with state law for purposes of this
 1607  section.
 1608         (n) Entities that are owned or controlled, directly or
 1609  indirectly, by a publicly traded entity with $100 million or
 1610  more, in the aggregate, in total annual revenues derived from
 1611  providing health care services by licensed health care
 1612  practitioners that are employed or contracted by an entity
 1613  described in this paragraph.
 1614         (7) “Portable health service or equipment provider” means
 1615  an entity that contracts with or employs persons to provide
 1616  portable health services or equipment to multiple locations
 1617  performing treatment or diagnostic testing of individuals, that
 1618  bills third-party payors for those services, and that otherwise
 1619  meets the definition of a clinic in subsection (4).
 1620         Section 44. Paragraph (b) of subsection (1) and paragraph
 1621  (c) of subsection (4) of section 400.991, Florida Statutes, are
 1622  amended to read:
 1623         400.991 License requirements; background screenings;
 1624  prohibitions.—
 1625         (1)
 1626         (b) Each mobile clinic must obtain a separate health care
 1627  clinic license and must provide to the agency, at least
 1628  quarterly, its projected street location to enable the agency to
 1629  locate and inspect such clinic. A portable health service or
 1630  equipment provider must obtain a health care clinic license for
 1631  a single administrative office and is not required to submit
 1632  quarterly projected street locations.
 1633         (4) In addition to the requirements of part II of chapter
 1634  408, the applicant must file with the application satisfactory
 1635  proof that the clinic is in compliance with this part and
 1636  applicable rules, including:
 1637         (c) Proof of financial ability to operate as required under
 1638  ss. s. 408.810(8) and 408.8065. As an alternative to submitting
 1639  proof of financial ability to operate as required under s.
 1640  408.810(8), the applicant may file a surety bond of at least
 1641  $500,000 which guarantees that the clinic will act in full
 1642  conformity with all legal requirements for operating a clinic,
 1643  payable to the agency. The agency may adopt rules to specify
 1644  related requirements for such surety bond.
 1645         Section 45. Paragraph (g) of subsection (1) and paragraph
 1646  (a) of subsection (7) of section 400.9935, Florida Statutes, are
 1647  amended to read:
 1648         400.9935 Clinic responsibilities.—
 1649         (1) Each clinic shall appoint a medical director or clinic
 1650  director who shall agree in writing to accept legal
 1651  responsibility for the following activities on behalf of the
 1652  clinic. The medical director or the clinic director shall:
 1653         (g) Conduct systematic reviews of clinic billings to ensure
 1654  that the billings are not fraudulent or unlawful. Upon discovery
 1655  of an unlawful charge, the medical director or clinic director
 1656  shall take immediate corrective action. If the clinic performs
 1657  only the technical component of magnetic resonance imaging,
 1658  static radiographs, computed tomography, or positron emission
 1659  tomography, and provides the professional interpretation of such
 1660  services, in a fixed facility that is accredited by the Joint
 1661  Commission on Accreditation of Healthcare Organizations or the
 1662  Accreditation Association for Ambulatory Health Care, and the
 1663  American College of Radiology; and if, in the preceding quarter,
 1664  the percentage of scans performed by that clinic which was
 1665  billed to all personal injury protection insurance carriers was
 1666  less than 15 percent, the chief financial officer of the clinic
 1667  may, in a written acknowledgment provided to the agency, assume
 1668  the responsibility for the conduct of the systematic reviews of
 1669  clinic billings to ensure that the billings are not fraudulent
 1670  or unlawful.
 1671         (7)(a) Each clinic engaged in magnetic resonance imaging
 1672  services must be accredited by the Joint Commission on
 1673  Accreditation of Healthcare Organizations, the American College
 1674  of Radiology, or the Accreditation Association for Ambulatory
 1675  Health Care, within 1 year after licensure. A clinic that is
 1676  accredited by the American College of Radiology or is within the
 1677  original 1-year period after licensure and replaces its core
 1678  magnetic resonance imaging equipment shall be given 1 year after
 1679  the date on which the equipment is replaced to attain
 1680  accreditation. However, a clinic may request a single, 6-month
 1681  extension if it provides evidence to the agency establishing
 1682  that, for good cause shown, such clinic cannot be accredited
 1683  within 1 year after licensure, and that such accreditation will
 1684  be completed within the 6-month extension. After obtaining
 1685  accreditation as required by this subsection, each such clinic
 1686  must maintain accreditation as a condition of renewal of its
 1687  license. A clinic that files a change of ownership application
 1688  must comply with the original accreditation timeframe
 1689  requirements of the transferor. The agency shall deny a change
 1690  of ownership application if the clinic is not in compliance with
 1691  the accreditation requirements. When a clinic adds, replaces, or
 1692  modifies magnetic resonance imaging equipment and the
 1693  accreditation agency requires new accreditation, the clinic must
 1694  be accredited within 1 year after the date of the addition,
 1695  replacement, or modification but may request a single, 6-month
 1696  extension if the clinic provides evidence of good cause to the
 1697  agency.
 1698         Section 46. Subsection (2) of section 408.034, Florida
 1699  Statutes, is amended to read:
 1700         408.034 Duties and responsibilities of agency; rules.—
 1701         (2) In the exercise of its authority to issue licenses to
 1702  health care facilities and health service providers, as provided
 1703  under chapters 393 and 395 and parts II, and IV, and VIII of
 1704  chapter 400, the agency may not issue a license to any health
 1705  care facility or health service provider that fails to receive a
 1706  certificate of need or an exemption for the licensed facility or
 1707  service.
 1708         Section 47. Paragraph (d) of subsection (1) of section
 1709  408.036, Florida Statutes, is amended to read:
 1710         408.036 Projects subject to review; exemptions.—
 1711         (1) APPLICABILITY.—Unless exempt under subsection (3), all
 1712  health-care-related projects, as described in paragraphs (a)
 1713  (g), are subject to review and must file an application for a
 1714  certificate of need with the agency. The agency is exclusively
 1715  responsible for determining whether a health-care-related
 1716  project is subject to review under ss. 408.031-408.045.
 1717         (d) The establishment of a hospice or hospice inpatient
 1718  facility, except as provided in s. 408.043.
 1719         Section 48. Subsection (2) of section 408.043, Florida
 1720  Statutes, is amended to read:
 1721         408.043 Special provisions.—
 1722         (2) HOSPICES.—When an application is made for a certificate
 1723  of need to establish or to expand a hospice, the need for such
 1724  hospice shall be determined on the basis of the need for and
 1725  availability of hospice services in the community. The formula
 1726  on which the certificate of need is based shall discourage
 1727  regional monopolies and promote competition. The inpatient
 1728  hospice care component of a hospice which is a freestanding
 1729  facility, or a part of a facility, which is primarily engaged in
 1730  providing inpatient care and related services and is not
 1731  licensed as a health care facility shall also be required to
 1732  obtain a certificate of need. Provision of hospice care by any
 1733  current provider of health care is a significant change in
 1734  service and therefore requires a certificate of need for such
 1735  services.
 1736         Section 49. Paragraph (k) of subsection (3) of section
 1737  408.05, Florida Statutes, is amended to read:
 1738         408.05 Florida Center for Health Information and Policy
 1739  Analysis.—
 1740         (3) COMPREHENSIVE HEALTH INFORMATION SYSTEM.—In order to
 1741  produce comparable and uniform health information and statistics
 1742  for the development of policy recommendations, the agency shall
 1743  perform the following functions:
 1744         (k) Develop, in conjunction with the State Consumer Health
 1745  Information and Policy Advisory Council, and implement a long
 1746  range plan for making available health care quality measures and
 1747  financial data that will allow consumers to compare health care
 1748  services. The health care quality measures and financial data
 1749  the agency must make available shall include, but is not limited
 1750  to, pharmaceuticals, physicians, health care facilities, and
 1751  health plans and managed care entities. The agency shall update
 1752  the plan and report on the status of its implementation
 1753  annually. The agency shall also make the plan and status report
 1754  available to the public on its Internet website. As part of the
 1755  plan, the agency shall identify the process and timeframes for
 1756  implementation, any barriers to implementation, and
 1757  recommendations of changes in the law that may be enacted by the
 1758  Legislature to eliminate the barriers. As preliminary elements
 1759  of the plan, the agency shall:
 1760         1. Make available patient-safety indicators, inpatient
 1761  quality indicators, and performance outcome and patient charge
 1762  data collected from health care facilities pursuant to s.
 1763  408.061(1)(a) and (2). The terms “patient-safety indicators” and
 1764  “inpatient quality indicators” shall be as defined by the
 1765  Centers for Medicare and Medicaid Services, the National Quality
 1766  Forum, the Joint Commission on Accreditation of Healthcare
 1767  Organizations, the Agency for Healthcare Research and Quality,
 1768  the Centers for Disease Control and Prevention, or a similar
 1769  national entity that establishes standards to measure the
 1770  performance of health care providers, or by other states. The
 1771  agency shall determine which conditions, procedures, health care
 1772  quality measures, and patient charge data to disclose based upon
 1773  input from the council. When determining which conditions and
 1774  procedures are to be disclosed, the council and the agency shall
 1775  consider variation in costs, variation in outcomes, and
 1776  magnitude of variations and other relevant information. When
 1777  determining which health care quality measures to disclose, the
 1778  agency:
 1779         a. Shall consider such factors as volume of cases; average
 1780  patient charges; average length of stay; complication rates;
 1781  mortality rates; and infection rates, among others, which shall
 1782  be adjusted for case mix and severity, if applicable.
 1783         b. May consider such additional measures that are adopted
 1784  by the Centers for Medicare and Medicaid Studies, National
 1785  Quality Forum, the Joint Commission on Accreditation of
 1786  Healthcare Organizations, the Agency for Healthcare Research and
 1787  Quality, Centers for Disease Control and Prevention, or a
 1788  similar national entity that establishes standards to measure
 1789  the performance of health care providers, or by other states.
 1790  
 1791  When determining which patient charge data to disclose, the
 1792  agency shall include such measures as the average of
 1793  undiscounted charges on frequently performed procedures and
 1794  preventive diagnostic procedures, the range of procedure charges
 1795  from highest to lowest, average net revenue per adjusted patient
 1796  day, average cost per adjusted patient day, and average cost per
 1797  admission, among others.
 1798         2. Make available performance measures, benefit design, and
 1799  premium cost data from health plans licensed pursuant to chapter
 1800  627 or chapter 641. The agency shall determine which health care
 1801  quality measures and member and subscriber cost data to
 1802  disclose, based upon input from the council. When determining
 1803  which data to disclose, the agency shall consider information
 1804  that may be required by either individual or group purchasers to
 1805  assess the value of the product, which may include membership
 1806  satisfaction, quality of care, current enrollment or membership,
 1807  coverage areas, accreditation status, premium costs, plan costs,
 1808  premium increases, range of benefits, copayments and
 1809  deductibles, accuracy and speed of claims payment, credentials
 1810  of physicians, number of providers, names of network providers,
 1811  and hospitals in the network. Health plans shall make available
 1812  to the agency any such data or information that is not currently
 1813  reported to the agency or the office.
 1814         3. Determine the method and format for public disclosure of
 1815  data reported pursuant to this paragraph. The agency shall make
 1816  its determination based upon input from the State Consumer
 1817  Health Information and Policy Advisory Council. At a minimum,
 1818  the data shall be made available on the agency’s Internet
 1819  website in a manner that allows consumers to conduct an
 1820  interactive search that allows them to view and compare the
 1821  information for specific providers. The website must include
 1822  such additional information as is determined necessary to ensure
 1823  that the website enhances informed decisionmaking among
 1824  consumers and health care purchasers, which shall include, at a
 1825  minimum, appropriate guidance on how to use the data and an
 1826  explanation of why the data may vary from provider to provider.
 1827         4. Publish on its website undiscounted charges for no fewer
 1828  than 150 of the most commonly performed adult and pediatric
 1829  procedures, including outpatient, inpatient, diagnostic, and
 1830  preventative procedures.
 1831         Section 50. Paragraph (a) of subsection (1) of section
 1832  408.061, Florida Statutes, is amended to read:
 1833         408.061 Data collection; uniform systems of financial
 1834  reporting; information relating to physician charges;
 1835  confidential information; immunity.—
 1836         (1) The agency shall require the submission by health care
 1837  facilities, health care providers, and health insurers of data
 1838  necessary to carry out the agency’s duties. Specifications for
 1839  data to be collected under this section shall be developed by
 1840  the agency with the assistance of technical advisory panels
 1841  including representatives of affected entities, consumers,
 1842  purchasers, and such other interested parties as may be
 1843  determined by the agency.
 1844         (a) Data submitted by health care facilities, including the
 1845  facilities as defined in chapter 395, shall include, but are not
 1846  limited to: case-mix data, patient admission and discharge data,
 1847  hospital emergency department data which shall include the
 1848  number of patients treated in the emergency department of a
 1849  licensed hospital reported by patient acuity level, data on
 1850  hospital-acquired infections as specified by rule, data on
 1851  complications as specified by rule, data on readmissions as
 1852  specified by rule, with patient and provider-specific
 1853  identifiers included, actual charge data by diagnostic groups,
 1854  financial data, accounting data, operating expenses, expenses
 1855  incurred for rendering services to patients who cannot or do not
 1856  pay, interest charges, depreciation expenses based on the
 1857  expected useful life of the property and equipment involved, and
 1858  demographic data. The agency shall adopt nationally recognized
 1859  risk adjustment methodologies or software consistent with the
 1860  standards of the Agency for Healthcare Research and Quality and
 1861  as selected by the agency for all data submitted as required by
 1862  this section. Data may be obtained from documents such as, but
 1863  not limited to: leases, contracts, debt instruments, itemized
 1864  patient bills, medical record abstracts, and related diagnostic
 1865  information. Reported data elements shall be reported
 1866  electronically and in accordance with rule 59E-7.012, Florida
 1867  Administrative Code. Data submitted shall be certified by the
 1868  chief executive officer or an appropriate and duly authorized
 1869  representative or employee of the licensed facility that the
 1870  information submitted is true and accurate.
 1871         Section 51. Subsection (43) of section 408.07, Florida
 1872  Statutes, is amended to read:
 1873         408.07 Definitions.—As used in this chapter, with the
 1874  exception of ss. 408.031-408.045, the term:
 1875         (43) “Rural hospital” means an acute care hospital licensed
 1876  under chapter 395, having 100 or fewer licensed beds and an
 1877  emergency room, and which is:
 1878         (a) The sole provider within a county with a population
 1879  density of no greater than 100 persons per square mile;
 1880         (b) An acute care hospital, in a county with a population
 1881  density of no greater than 100 persons per square mile, which is
 1882  at least 30 minutes of travel time, on normally traveled roads
 1883  under normal traffic conditions, from another acute care
 1884  hospital within the same county;
 1885         (c) A hospital supported by a tax district or subdistrict
 1886  whose boundaries encompass a population of 100 persons or fewer
 1887  per square mile;
 1888         (d) A hospital with a service area that has a population of
 1889  100 persons or fewer per square mile. As used in this paragraph,
 1890  the term “service area” means the fewest number of zip codes
 1891  that account for 75 percent of the hospital’s discharges for the
 1892  most recent 5-year period, based on information available from
 1893  the hospital inpatient discharge database in the Florida Center
 1894  for Health Information and Policy Analysis at the Agency for
 1895  Health Care Administration; or
 1896         (e) A critical access hospital.
 1897  
 1898  Population densities used in this subsection must be based upon
 1899  the most recently completed United States census. A hospital
 1900  that received funds under s. 409.9116 for a quarter beginning no
 1901  later than July 1, 2002, is deemed to have been and shall
 1902  continue to be a rural hospital from that date through June 30,
 1903  2015, if the hospital continues to have 100 or fewer licensed
 1904  beds and an emergency room, or meets the criteria of s.
 1905  395.602(2)(e)4. An acute care hospital that has not previously
 1906  been designated as a rural hospital and that meets the criteria
 1907  of this subsection shall be granted such designation upon
 1908  application, including supporting documentation, to the Agency
 1909  for Health Care Administration.
 1910         Section 52. Section 408.10, Florida Statutes, is amended to
 1911  read:
 1912         408.10 Consumer complaints.—The agency shall:
 1913         (1) publish and make available to the public a toll-free
 1914  telephone number for the purpose of handling consumer complaints
 1915  and shall serve as a liaison between consumer entities and other
 1916  private entities and governmental entities for the disposition
 1917  of problems identified by consumers of health care.
 1918         (2) Be empowered to investigate consumer complaints
 1919  relating to problems with health care facilities’ billing
 1920  practices and issue reports to be made public in any cases where
 1921  the agency determines the health care facility has engaged in
 1922  billing practices which are unreasonable and unfair to the
 1923  consumer.
 1924         Section 53. Subsections (12) through (30) of section
 1925  408.802, Florida Statutes, are renumbered as subsections (11)
 1926  through (29), respectively, and present subsection (11) of that
 1927  section is amended to read:
 1928         408.802 Applicability.—The provisions of this part apply to
 1929  the provision of services that require licensure as defined in
 1930  this part and to the following entities licensed, registered, or
 1931  certified by the agency, as described in chapters 112, 383, 390,
 1932  394, 395, 400, 429, 440, 483, and 765:
 1933         (11) Private review agents, as provided under part I of
 1934  chapter 395.
 1935         Section 54. Subsection (3) is added to section 408.804,
 1936  Florida Statutes, to read:
 1937         408.804 License required; display.—
 1938         (3) Any person who knowingly alters, defaces, or falsifies
 1939  a license certificate issued by the agency, or causes or
 1940  procures any person to commit such an offense, commits a
 1941  misdemeanor of the second degree, punishable as provided in s.
 1942  775.082 or s 775.083. Any licensee or provider who displays an
 1943  altered, defaced, or falsified license certificate is subject to
 1944  the penalties set forth in s. 408.815 and an administrative fine
 1945  of $1,000 for each day of illegal display.
 1946         Section 55. Paragraph (d) of subsection (2) of section
 1947  408.806, Florida Statutes, is amended, to read:
 1948         408.806 License application process.—
 1949         (2)
 1950         (d) The agency shall notify the licensee by mail or
 1951  electronically at least 90 days before the expiration of a
 1952  license that a renewal license is necessary to continue
 1953  operation. The licensee’s failure to timely file submit a
 1954  renewal application and license application fee with the agency
 1955  shall result in a $50 per day late fee charged to the licensee
 1956  by the agency; however, the aggregate amount of the late fee may
 1957  not exceed 50 percent of the licensure fee or $500, whichever is
 1958  less. The agency shall provide a courtesy notice to the licensee
 1959  by United States mail, electronically, or by any other manner at
 1960  its address of record or mailing address, if provided, at least
 1961  90 days prior to the expiration of a license informing the
 1962  licensee of the expiration of the license. If the agency does
 1963  not provide the courtesy notice or the licensee does not receive
 1964  the courtesy notice, the licensee continues to be legally
 1965  obligated to timely file the renewal application and license
 1966  application fee with the agency and is not excused from the
 1967  payment of a late fee. If an application is received after the
 1968  required filing date and exhibits a hand-canceled postmark
 1969  obtained from a United States post office dated on or before the
 1970  required filing date, no fine will be levied. Payment of the
 1971  late fee is required in order for a late application to be
 1972  considered complete, and failure to pay the late fee is
 1973  considered an omission from the application.
 1974         Section 56. Subsection (3) is added to section 408.813,
 1975  Florida Statutes, to read:
 1976         408.813 Administrative fines; violations.—As a penalty for
 1977  any violation of this part, authorizing statutes, or applicable
 1978  rules, the agency may impose an administrative fine.
 1979         (3) The agency may impose an administrative fine for a
 1980  violation that is not designated as a class I, class II, class
 1981  III, or class IV violation. Unless otherwise specified by law,
 1982  the amount of the fine shall not exceed $500 for each violation.
 1983  Unclassified violations may include:
 1984         (a) Violating any term or condition of a license.
 1985         (b) Violating any provision of this part, authorizing
 1986  statutes, or applicable rules.
 1987         (c) Exceeding licensed capacity.
 1988         (d) Providing services beyond the scope of the license.
 1989         (e) Violating a moratorium imposed pursuant to s. 408.814.
 1990         Section 57. Subsection (5) is added to section 408.815,
 1991  Florida Statutes, to read:
 1992         408.815 License or application denial; revocation.—
 1993         (5) In order to ensure the health, safety, and welfare of
 1994  clients when a license has been denied, revoked, or is set to
 1995  terminate, the agency may extend the license expiration date for
 1996  a period of up to 30 days for the sole purpose of allowing the
 1997  safe and orderly discharge of clients. The agency may impose
 1998  conditions on the extension, including, but not limited to,
 1999  prohibiting or limiting admissions, expedited discharge
 2000  planning, required status reports, and mandatory monitoring by
 2001  the agency or third parties. When imposing these conditions, the
 2002  agency shall take into consideration the nature and number of
 2003  clients, the availability and location of acceptable alternative
 2004  placements, and the ability of the licensee to continue
 2005  providing care to the clients. The agency may terminate the
 2006  extension or modify the conditions at any time. This authority
 2007  is in addition to any other authority granted to the agency
 2008  under chapter 120, this part, and authorizing statutes but
 2009  creates no right or entitlement to an extension of a license
 2010  expiration date.
 2011         Section 58. Subsection (1) of section 409.91196, Florida
 2012  Statutes, is amended to read:
 2013         409.91196 Supplemental rebate agreements; public records
 2014  and public meetings exemption.—
 2015         (1) The rebate amount, percent of rebate, manufacturer’s
 2016  pricing, and supplemental rebate, and other trade secrets as
 2017  defined in s. 688.002 that the agency has identified for use in
 2018  negotiations, held by the Agency for Health Care Administration
 2019  under s. 409.912(39)(a)8.7. are confidential and exempt from s.
 2020  119.07(1) and s. 24(a), Art. I of the State Constitution.
 2021         Section 59. Paragraph (a) of subsection (39) of section
 2022  409.912, Florida Statutes, is amended to read:
 2023         409.912 Cost-effective purchasing of health care.—The
 2024  agency shall purchase goods and services for Medicaid recipients
 2025  in the most cost-effective manner consistent with the delivery
 2026  of quality medical care. To ensure that medical services are
 2027  effectively utilized, the agency may, in any case, require a
 2028  confirmation or second physician’s opinion of the correct
 2029  diagnosis for purposes of authorizing future services under the
 2030  Medicaid program. This section does not restrict access to
 2031  emergency services or poststabilization care services as defined
 2032  in 42 C.F.R. part 438.114. Such confirmation or second opinion
 2033  shall be rendered in a manner approved by the agency. The agency
 2034  shall maximize the use of prepaid per capita and prepaid
 2035  aggregate fixed-sum basis services when appropriate and other
 2036  alternative service delivery and reimbursement methodologies,
 2037  including competitive bidding pursuant to s. 287.057, designed
 2038  to facilitate the cost-effective purchase of a case-managed
 2039  continuum of care. The agency shall also require providers to
 2040  minimize the exposure of recipients to the need for acute
 2041  inpatient, custodial, and other institutional care and the
 2042  inappropriate or unnecessary use of high-cost services. The
 2043  agency shall contract with a vendor to monitor and evaluate the
 2044  clinical practice patterns of providers in order to identify
 2045  trends that are outside the normal practice patterns of a
 2046  provider’s professional peers or the national guidelines of a
 2047  provider’s professional association. The vendor must be able to
 2048  provide information and counseling to a provider whose practice
 2049  patterns are outside the norms, in consultation with the agency,
 2050  to improve patient care and reduce inappropriate utilization.
 2051  The agency may mandate prior authorization, drug therapy
 2052  management, or disease management participation for certain
 2053  populations of Medicaid beneficiaries, certain drug classes, or
 2054  particular drugs to prevent fraud, abuse, overuse, and possible
 2055  dangerous drug interactions. The Pharmaceutical and Therapeutics
 2056  Committee shall make recommendations to the agency on drugs for
 2057  which prior authorization is required. The agency shall inform
 2058  the Pharmaceutical and Therapeutics Committee of its decisions
 2059  regarding drugs subject to prior authorization. The agency is
 2060  authorized to limit the entities it contracts with or enrolls as
 2061  Medicaid providers by developing a provider network through
 2062  provider credentialing. The agency may competitively bid single
 2063  source-provider contracts if procurement of goods or services
 2064  results in demonstrated cost savings to the state without
 2065  limiting access to care. The agency may limit its network based
 2066  on the assessment of beneficiary access to care, provider
 2067  availability, provider quality standards, time and distance
 2068  standards for access to care, the cultural competence of the
 2069  provider network, demographic characteristics of Medicaid
 2070  beneficiaries, practice and provider-to-beneficiary standards,
 2071  appointment wait times, beneficiary use of services, provider
 2072  turnover, provider profiling, provider licensure history,
 2073  previous program integrity investigations and findings, peer
 2074  review, provider Medicaid policy and billing compliance records,
 2075  clinical and medical record audits, and other factors. Providers
 2076  shall not be entitled to enrollment in the Medicaid provider
 2077  network. The agency shall determine instances in which allowing
 2078  Medicaid beneficiaries to purchase durable medical equipment and
 2079  other goods is less expensive to the Medicaid program than long
 2080  term rental of the equipment or goods. The agency may establish
 2081  rules to facilitate purchases in lieu of long-term rentals in
 2082  order to protect against fraud and abuse in the Medicaid program
 2083  as defined in s. 409.913. The agency may seek federal waivers
 2084  necessary to administer these policies.
 2085         (39)(a) The agency shall implement a Medicaid prescribed
 2086  drug spending-control program that includes the following
 2087  components:
 2088         1. A Medicaid preferred drug list, which shall be a listing
 2089  of cost-effective therapeutic options recommended by the
 2090  Medicaid Pharmacy and Therapeutics Committee established
 2091  pursuant to s. 409.91195 and adopted by the agency for each
 2092  therapeutic class on the preferred drug list. At the discretion
 2093  of the committee, and when feasible, the preferred drug list
 2094  should include at least two products in a therapeutic class. The
 2095  agency may post the preferred drug list and updates to the
 2096  preferred drug list on an Internet website without following the
 2097  rulemaking procedures of chapter 120. Antiretroviral agents are
 2098  excluded from the preferred drug list. The agency shall also
 2099  limit the amount of a prescribed drug dispensed to no more than
 2100  a 34-day supply unless the drug products’ smallest marketed
 2101  package is greater than a 34-day supply, or the drug is
 2102  determined by the agency to be a maintenance drug in which case
 2103  a 100-day maximum supply may be authorized. The agency is
 2104  authorized to seek any federal waivers necessary to implement
 2105  these cost-control programs and to continue participation in the
 2106  federal Medicaid rebate program, or alternatively to negotiate
 2107  state-only manufacturer rebates. The agency may adopt rules to
 2108  implement this subparagraph. The agency shall continue to
 2109  provide unlimited contraceptive drugs and items. The agency must
 2110  establish procedures to ensure that:
 2111         a. There is a response to a request for prior consultation
 2112  by telephone or other telecommunication device within 24 hours
 2113  after receipt of a request for prior consultation; and
 2114         b. A 72-hour supply of the drug prescribed is provided in
 2115  an emergency or when the agency does not provide a response
 2116  within 24 hours as required by sub-subparagraph a.
 2117         2. Reimbursement to pharmacies for Medicaid prescribed
 2118  drugs shall be set at the lesser of: the average wholesale price
 2119  (AWP) minus 16.4 percent, the wholesaler acquisition cost (WAC)
 2120  plus 4.75 percent, the federal upper limit (FUL), the state
 2121  maximum allowable cost (SMAC), or the usual and customary (UAC)
 2122  charge billed by the provider.
 2123         3. For a prescribed drug billed as a 340B prescribed
 2124  medication, the claim must meet the requirements of the Deficit
 2125  Reduction Act of 2005 and the federal 340B program, contain a
 2126  national drug code, and be billed at the actual acquisition cost
 2127  or payment shall be denied.
 2128         4.3. The agency shall develop and implement a process for
 2129  managing the drug therapies of Medicaid recipients who are using
 2130  significant numbers of prescribed drugs each month. The
 2131  management process may include, but is not limited to,
 2132  comprehensive, physician-directed medical-record reviews, claims
 2133  analyses, and case evaluations to determine the medical
 2134  necessity and appropriateness of a patient’s treatment plan and
 2135  drug therapies. The agency may contract with a private
 2136  organization to provide drug-program-management services. The
 2137  Medicaid drug benefit management program shall include
 2138  initiatives to manage drug therapies for HIV/AIDS patients,
 2139  patients using 20 or more unique prescriptions in a 180-day
 2140  period, and the top 1,000 patients in annual spending. The
 2141  agency shall enroll any Medicaid recipient in the drug benefit
 2142  management program if he or she meets the specifications of this
 2143  provision and is not enrolled in a Medicaid health maintenance
 2144  organization.
 2145         5.4. The agency may limit the size of its pharmacy network
 2146  based on need, competitive bidding, price negotiations,
 2147  credentialing, or similar criteria. The agency shall give
 2148  special consideration to rural areas in determining the size and
 2149  location of pharmacies included in the Medicaid pharmacy
 2150  network. A pharmacy credentialing process may include criteria
 2151  such as a pharmacy’s full-service status, location, size,
 2152  patient educational programs, patient consultation, disease
 2153  management services, and other characteristics. The agency may
 2154  impose a moratorium on Medicaid pharmacy enrollment when it is
 2155  determined that it has a sufficient number of Medicaid
 2156  participating providers. The agency must allow dispensing
 2157  practitioners to participate as a part of the Medicaid pharmacy
 2158  network regardless of the practitioner’s proximity to any other
 2159  entity that is dispensing prescription drugs under the Medicaid
 2160  program. A dispensing practitioner must meet all credentialing
 2161  requirements applicable to his or her practice, as determined by
 2162  the agency.
 2163         6.5. The agency shall develop and implement a program that
 2164  requires Medicaid practitioners who prescribe drugs to use a
 2165  counterfeit-proof prescription pad for Medicaid prescriptions.
 2166  The agency shall require the use of standardized counterfeit
 2167  proof prescription pads by Medicaid-participating prescribers or
 2168  prescribers who write prescriptions for Medicaid recipients. The
 2169  agency may implement the program in targeted geographic areas or
 2170  statewide.
 2171         7.6. The agency may enter into arrangements that require
 2172  manufacturers of generic drugs prescribed to Medicaid recipients
 2173  to provide rebates of at least 15.1 percent of the average
 2174  manufacturer price for the manufacturer’s generic products.
 2175  These arrangements shall require that if a generic-drug
 2176  manufacturer pays federal rebates for Medicaid-reimbursed drugs
 2177  at a level below 15.1 percent, the manufacturer must provide a
 2178  supplemental rebate to the state in an amount necessary to
 2179  achieve a 15.1-percent rebate level.
 2180         8.7. The agency may establish a preferred drug list as
 2181  described in this subsection, and, pursuant to the establishment
 2182  of such preferred drug list, it is authorized to negotiate
 2183  supplemental rebates from manufacturers that are in addition to
 2184  those required by Title XIX of the Social Security Act and at no
 2185  less than 14 percent of the average manufacturer price as
 2186  defined in 42 U.S.C. s. 1936 on the last day of a quarter unless
 2187  the federal or supplemental rebate, or both, equals or exceeds
 2188  29 percent. There is no upper limit on the supplemental rebates
 2189  the agency may negotiate. The agency may determine that specific
 2190  products, brand-name or generic, are competitive at lower rebate
 2191  percentages. Agreement to pay the minimum supplemental rebate
 2192  percentage will guarantee a manufacturer that the Medicaid
 2193  Pharmaceutical and Therapeutics Committee will consider a
 2194  product for inclusion on the preferred drug list. However, a
 2195  pharmaceutical manufacturer is not guaranteed placement on the
 2196  preferred drug list by simply paying the minimum supplemental
 2197  rebate. Agency decisions will be made on the clinical efficacy
 2198  of a drug and recommendations of the Medicaid Pharmaceutical and
 2199  Therapeutics Committee, as well as the price of competing
 2200  products minus federal and state rebates. The agency is
 2201  authorized to contract with an outside agency or contractor to
 2202  conduct negotiations for supplemental rebates. For the purposes
 2203  of this section, the term “supplemental rebates” means cash
 2204  rebates. Effective July 1, 2004, value-added programs as a
 2205  substitution for supplemental rebates are prohibited. The agency
 2206  is authorized to seek any federal waivers to implement this
 2207  initiative.
 2208         9.8. The Agency for Health Care Administration shall expand
 2209  home delivery of pharmacy products. To assist Medicaid patients
 2210  in securing their prescriptions and reduce program costs, the
 2211  agency shall expand its current mail-order-pharmacy diabetes
 2212  supply program to include all generic and brand-name drugs used
 2213  by Medicaid patients with diabetes. Medicaid recipients in the
 2214  current program may obtain nondiabetes drugs on a voluntary
 2215  basis. This initiative is limited to the geographic area covered
 2216  by the current contract. The agency may seek and implement any
 2217  federal waivers necessary to implement this subparagraph.
 2218         10.9. The agency shall limit to one dose per month any drug
 2219  prescribed to treat erectile dysfunction.
 2220         11.10.a. The agency may implement a Medicaid behavioral
 2221  drug management system. The agency may contract with a vendor
 2222  that has experience in operating behavioral drug management
 2223  systems to implement this program. The agency is authorized to
 2224  seek federal waivers to implement this program.
 2225         b. The agency, in conjunction with the Department of
 2226  Children and Family Services, may implement the Medicaid
 2227  behavioral drug management system that is designed to improve
 2228  the quality of care and behavioral health prescribing practices
 2229  based on best practice guidelines, improve patient adherence to
 2230  medication plans, reduce clinical risk, and lower prescribed
 2231  drug costs and the rate of inappropriate spending on Medicaid
 2232  behavioral drugs. The program may include the following
 2233  elements:
 2234         (I) Provide for the development and adoption of best
 2235  practice guidelines for behavioral health-related drugs such as
 2236  antipsychotics, antidepressants, and medications for treating
 2237  bipolar disorders and other behavioral conditions; translate
 2238  them into practice; review behavioral health prescribers and
 2239  compare their prescribing patterns to a number of indicators
 2240  that are based on national standards; and determine deviations
 2241  from best practice guidelines.
 2242         (II) Implement processes for providing feedback to and
 2243  educating prescribers using best practice educational materials
 2244  and peer-to-peer consultation.
 2245         (III) Assess Medicaid beneficiaries who are outliers in
 2246  their use of behavioral health drugs with regard to the numbers
 2247  and types of drugs taken, drug dosages, combination drug
 2248  therapies, and other indicators of improper use of behavioral
 2249  health drugs.
 2250         (IV) Alert prescribers to patients who fail to refill
 2251  prescriptions in a timely fashion, are prescribed multiple same
 2252  class behavioral health drugs, and may have other potential
 2253  medication problems.
 2254         (V) Track spending trends for behavioral health drugs and
 2255  deviation from best practice guidelines.
 2256         (VI) Use educational and technological approaches to
 2257  promote best practices, educate consumers, and train prescribers
 2258  in the use of practice guidelines.
 2259         (VII) Disseminate electronic and published materials.
 2260         (VIII) Hold statewide and regional conferences.
 2261         (IX) Implement a disease management program with a model
 2262  quality-based medication component for severely mentally ill
 2263  individuals and emotionally disturbed children who are high
 2264  users of care.
 2265         12.11.a. The agency shall implement a Medicaid prescription
 2266  drug management system. The agency may contract with a vendor
 2267  that has experience in operating prescription drug management
 2268  systems in order to implement this system. Any management system
 2269  that is implemented in accordance with this subparagraph must
 2270  rely on cooperation between physicians and pharmacists to
 2271  determine appropriate practice patterns and clinical guidelines
 2272  to improve the prescribing, dispensing, and use of drugs in the
 2273  Medicaid program. The agency may seek federal waivers to
 2274  implement this program.
 2275         b. The drug management system must be designed to improve
 2276  the quality of care and prescribing practices based on best
 2277  practice guidelines, improve patient adherence to medication
 2278  plans, reduce clinical risk, and lower prescribed drug costs and
 2279  the rate of inappropriate spending on Medicaid prescription
 2280  drugs. The program must:
 2281         (I) Provide for the development and adoption of best
 2282  practice guidelines for the prescribing and use of drugs in the
 2283  Medicaid program, including translating best practice guidelines
 2284  into practice; reviewing prescriber patterns and comparing them
 2285  to indicators that are based on national standards and practice
 2286  patterns of clinical peers in their community, statewide, and
 2287  nationally; and determine deviations from best practice
 2288  guidelines.
 2289         (II) Implement processes for providing feedback to and
 2290  educating prescribers using best practice educational materials
 2291  and peer-to-peer consultation.
 2292         (III) Assess Medicaid recipients who are outliers in their
 2293  use of a single or multiple prescription drugs with regard to
 2294  the numbers and types of drugs taken, drug dosages, combination
 2295  drug therapies, and other indicators of improper use of
 2296  prescription drugs.
 2297         (IV) Alert prescribers to patients who fail to refill
 2298  prescriptions in a timely fashion, are prescribed multiple drugs
 2299  that may be redundant or contraindicated, or may have other
 2300  potential medication problems.
 2301         (V) Track spending trends for prescription drugs and
 2302  deviation from best practice guidelines.
 2303         (VI) Use educational and technological approaches to
 2304  promote best practices, educate consumers, and train prescribers
 2305  in the use of practice guidelines.
 2306         (VII) Disseminate electronic and published materials.
 2307         (VIII) Hold statewide and regional conferences.
 2308         (IX) Implement disease management programs in cooperation
 2309  with physicians and pharmacists, along with a model quality
 2310  based medication component for individuals having chronic
 2311  medical conditions.
 2312         13.12. The agency is authorized to contract for drug rebate
 2313  administration, including, but not limited to, calculating
 2314  rebate amounts, invoicing manufacturers, negotiating disputes
 2315  with manufacturers, and maintaining a database of rebate
 2316  collections.
 2317         14.13. The agency may specify the preferred daily dosing
 2318  form or strength for the purpose of promoting best practices
 2319  with regard to the prescribing of certain drugs as specified in
 2320  the General Appropriations Act and ensuring cost-effective
 2321  prescribing practices.
 2322         15.14. The agency may require prior authorization for
 2323  Medicaid-covered prescribed drugs. The agency may, but is not
 2324  required to, prior-authorize the use of a product:
 2325         a. For an indication not approved in labeling;
 2326         b. To comply with certain clinical guidelines; or
 2327         c. If the product has the potential for overuse, misuse, or
 2328  abuse.
 2329  
 2330  The agency may require the prescribing professional to provide
 2331  information about the rationale and supporting medical evidence
 2332  for the use of a drug. The agency may post prior authorization
 2333  criteria and protocol and updates to the list of drugs that are
 2334  subject to prior authorization on an Internet website without
 2335  amending its rule or engaging in additional rulemaking.
 2336         16.15. The agency, in conjunction with the Pharmaceutical
 2337  and Therapeutics Committee, may require age-related prior
 2338  authorizations for certain prescribed drugs. The agency may
 2339  preauthorize the use of a drug for a recipient who may not meet
 2340  the age requirement or may exceed the length of therapy for use
 2341  of this product as recommended by the manufacturer and approved
 2342  by the Food and Drug Administration. Prior authorization may
 2343  require the prescribing professional to provide information
 2344  about the rationale and supporting medical evidence for the use
 2345  of a drug.
 2346         17.16. The agency shall implement a step-therapy prior
 2347  authorization approval process for medications excluded from the
 2348  preferred drug list. Medications listed on the preferred drug
 2349  list must be used within the previous 12 months prior to the
 2350  alternative medications that are not listed. The step-therapy
 2351  prior authorization may require the prescriber to use the
 2352  medications of a similar drug class or for a similar medical
 2353  indication unless contraindicated in the Food and Drug
 2354  Administration labeling. The trial period between the specified
 2355  steps may vary according to the medical indication. The step
 2356  therapy approval process shall be developed in accordance with
 2357  the committee as stated in s. 409.91195(7) and (8). A drug
 2358  product may be approved without meeting the step-therapy prior
 2359  authorization criteria if the prescribing physician provides the
 2360  agency with additional written medical or clinical documentation
 2361  that the product is medically necessary because:
 2362         a. There is not a drug on the preferred drug list to treat
 2363  the disease or medical condition which is an acceptable clinical
 2364  alternative;
 2365         b. The alternatives have been ineffective in the treatment
 2366  of the beneficiary’s disease; or
 2367         c. Based on historic evidence and known characteristics of
 2368  the patient and the drug, the drug is likely to be ineffective,
 2369  or the number of doses have been ineffective.
 2370  
 2371  The agency shall work with the physician to determine the best
 2372  alternative for the patient. The agency may adopt rules waiving
 2373  the requirements for written clinical documentation for specific
 2374  drugs in limited clinical situations.
 2375         18.17. The agency shall implement a return and reuse
 2376  program for drugs dispensed by pharmacies to institutional
 2377  recipients, which includes payment of a $5 restocking fee for
 2378  the implementation and operation of the program. The return and
 2379  reuse program shall be implemented electronically and in a
 2380  manner that promotes efficiency. The program must permit a
 2381  pharmacy to exclude drugs from the program if it is not
 2382  practical or cost-effective for the drug to be included and must
 2383  provide for the return to inventory of drugs that cannot be
 2384  credited or returned in a cost-effective manner. The agency
 2385  shall determine if the program has reduced the amount of
 2386  Medicaid prescription drugs which are destroyed on an annual
 2387  basis and if there are additional ways to ensure more
 2388  prescription drugs are not destroyed which could safely be
 2389  reused. The agency’s conclusion and recommendations shall be
 2390  reported to the Legislature by December 1, 2005.
 2391         Section 60. Section 409.91255, Florida Statutes, is amended
 2392  to read:
 2393         409.91255 Federally qualified health center access
 2394  program.—
 2395         (1) SHORT TITLE.—This section may be cited as the
 2396  “Community Health Center Access Program Act.”
 2397         (2) LEGISLATIVE FINDINGS AND INTENT.—
 2398         (a) The Legislature finds that, despite significant
 2399  investments in health care programs, nearly 6 more than 2
 2400  million low-income Floridians, primarily the working poor and
 2401  minority populations, continue to lack access to basic health
 2402  care services. Further, the Legislature recognizes that
 2403  federally qualified health centers have a proven record of
 2404  providing cost-effective, comprehensive primary and preventive
 2405  health care and are uniquely qualified to address the lack of
 2406  adequate health care services for the uninsured.
 2407         (b) It is the intent of the Legislature to recognize the
 2408  significance of increased federal investments in federally
 2409  qualified health centers and to leverage that investment through
 2410  the creation of a program to provide for the expansion of the
 2411  primary and preventive health care services offered by federally
 2412  qualified health centers. Further, such a program will support
 2413  the coordination of federal, state, and local resources to
 2414  assist such health centers in developing an expanded community
 2415  based primary care delivery system.
 2416         (3) ASSISTANCE TO FEDERALLY QUALIFIED HEALTH CENTERS.—The
 2417  agency shall administer Department of Health shall develop a
 2418  program for the expansion of federally qualified health centers
 2419  for the purpose of providing comprehensive primary and
 2420  preventive health care and urgent care services that may reduce
 2421  the morbidity, mortality, and cost of care among the uninsured
 2422  population of the state. The program shall provide for
 2423  distribution of financial assistance to federally qualified
 2424  health centers that apply and demonstrate a need for such
 2425  assistance in order to sustain or expand the delivery of primary
 2426  and preventive health care services. In selecting centers to
 2427  receive this financial assistance, the program:
 2428         (a) Shall give preference to communities that have few or
 2429  no community-based primary care services or in which the current
 2430  services are unable to meet the community’s needs. To assist in
 2431  the assessment and identification of areas of critical need, the
 2432  Florida Association of Community Health Centers, Inc., shall
 2433  develop, every 5 years, beginning January 1, 2012, a federally
 2434  qualified health center based statewide assessment and strategic
 2435  plan.
 2436         (b) Shall require that primary care services be provided to
 2437  the medically indigent using a sliding fee schedule based on
 2438  income.
 2439         (c) Shall promote allow innovative and creative uses of
 2440  federal, state, and local health care resources.
 2441         (d) Shall require that the funds provided be used to pay
 2442  for operating costs of a projected expansion in patient
 2443  caseloads or services or for capital improvement projects.
 2444  Capital improvement projects may include renovations to existing
 2445  facilities or construction of new facilities, provided that an
 2446  expansion in patient caseloads or services to a new patient
 2447  population will occur as a result of the capital expenditures.
 2448  The agency department shall include in its standard contract
 2449  document a requirement that any state funds provided for the
 2450  purchase of or improvements to real property are contingent upon
 2451  the contractor granting to the state a security interest in the
 2452  property at least to the amount of the state funds provided for
 2453  at least 5 years from the date of purchase or the completion of
 2454  the improvements or as further required by law. The contract
 2455  must include a provision that, as a condition of receipt of
 2456  state funding for this purpose, the contractor agrees that, if
 2457  it disposes of the property before the agency’s department’s
 2458  interest is vacated, the contractor will refund the
 2459  proportionate share of the state’s initial investment, as
 2460  adjusted by depreciation.
 2461         (e) Shall May require in-kind support from other sources.
 2462         (f) Shall promote May encourage coordination among
 2463  federally qualified health centers, other private sector
 2464  providers, and publicly supported programs.
 2465         (g) Shall promote allow the development of community
 2466  emergency room diversion programs in conjunction with local
 2467  resources, providing extended hours of operation to urgent care
 2468  patients. Diversion programs shall include case management for
 2469  emergency room followup care.
 2470         (4) EVALUATION OF APPLICATIONS.—A review panel shall be
 2471  established, consisting of four persons appointed by the
 2472  Secretary of Health Care Administration State Surgeon General
 2473  and three persons appointed by the chief executive officer of
 2474  the Florida Association of Community Health Centers, Inc., to
 2475  review all applications for financial assistance under the
 2476  program. Applicants shall specify in the application whether the
 2477  program funds will be used for the expansion of patient
 2478  caseloads or services or for capital improvement projects to
 2479  expand and improve patient facilities. The panel shall use the
 2480  following elements in reviewing application proposals and shall
 2481  determine the relative weight for scoring and evaluating these
 2482  elements:
 2483         (a) The target population to be served.
 2484         (b) The health benefits to be provided.
 2485         (c) The methods that will be used to measure cost
 2486  effectiveness.
 2487         (d) How patient satisfaction will be measured.
 2488         (e) The proposed internal quality assurance process.
 2489         (f) Projected health status outcomes.
 2490         (g) How data will be collected to measure cost
 2491  effectiveness, health status outcomes, and overall achievement
 2492  of the goals of the proposal.
 2493         (h) All resources, including cash, in-kind, voluntary, or
 2494  other resources that will be dedicated to the proposal.
 2495         (5) ADMINISTRATION AND TECHNICAL ASSISTANCE.—The agency
 2496  shall Department of Health may contract with the Florida
 2497  Association of Community Health Centers, Inc., to develop and
 2498  coordinate administer the program and provide technical
 2499  assistance to the federally qualified health centers selected to
 2500  receive financial assistance. The contracted entity shall be
 2501  responsible for program support and assume all costs related to
 2502  administration of this program.
 2503         Section 61. Subsections (3) and (4) of section 429.07,
 2504  Florida Statutes, are amended, and subsections (6) and (7) are
 2505  added to that section, to read:
 2506         429.07 License required; fee; inspections.—
 2507         (3) In addition to the requirements of s. 408.806, each
 2508  license granted by the agency must state the type of care for
 2509  which the license is granted. Licenses shall be issued for one
 2510  or more of the following categories of care: standard, extended
 2511  congregate care, limited nursing services, or limited mental
 2512  health.
 2513         (a) A standard license shall be issued to a facility
 2514  facilities providing one or more of the personal services
 2515  identified in s. 429.02. Such licensee facilities may also
 2516  employ or contract with a person licensed under part I of
 2517  chapter 464 to administer medications and perform other tasks as
 2518  specified in s. 429.255.
 2519         (b) An extended congregate care license shall be issued to
 2520  a licensee facilities providing, directly or through contract,
 2521  services beyond those authorized in paragraph (a), including
 2522  services performed by persons licensed under part I of chapter
 2523  464 and supportive services, as defined by rule, to persons who
 2524  would otherwise be disqualified from continued residence in a
 2525  facility licensed under this part.
 2526         1. In order for extended congregate care services to be
 2527  provided, the agency must first determine that all requirements
 2528  established in law and rule are met and must specifically
 2529  designate, on the facility’s license, that such services may be
 2530  provided and whether the designation applies to all or part of
 2531  the facility. Such designation may be made at the time of
 2532  initial licensure or relicensure, or upon request in writing by
 2533  a licensee under this part and part II of chapter 408. The
 2534  notification of approval or the denial of the request shall be
 2535  made in accordance with part II of chapter 408. An existing
 2536  licensee facilities qualifying to provide extended congregate
 2537  care services must have maintained a standard license and may
 2538  not have been subject to administrative sanctions during the
 2539  previous 2 years, or since initial licensure if the facility has
 2540  been licensed for less than 2 years, for any of the following
 2541  reasons:
 2542         a. A class I or class II violation;
 2543         b. Three or more repeat or recurring class III violations
 2544  of identical or similar resident care standards from which a
 2545  pattern of noncompliance is found by the agency;
 2546         c. Three or more class III violations that were not
 2547  corrected in accordance with the corrective action plan approved
 2548  by the agency;
 2549         d. Violation of resident care standards which results in
 2550  requiring the facility to employ the services of a consultant
 2551  pharmacist or consultant dietitian;
 2552         e. Denial, suspension, or revocation of a license for
 2553  another facility licensed under this part in which the applicant
 2554  for an extended congregate care license has at least 25 percent
 2555  ownership interest; or
 2556         f. Imposition of a moratorium pursuant to this part or part
 2557  II of chapter 408 or initiation of injunctive proceedings.
 2558         2. A facility that is licensed to provide extended
 2559  congregate care services shall maintain a written progress
 2560  report for on each person who receives services which describes
 2561  the type, amount, duration, scope, and outcome of services that
 2562  are rendered and the general status of the resident’s health. A
 2563  registered nurse, or appropriate designee, representing the
 2564  agency shall visit the facility at least quarterly to monitor
 2565  residents who are receiving extended congregate care services
 2566  and to determine if the facility is in compliance with this
 2567  part, part II of chapter 408, and relevant rules. One of the
 2568  visits may be in conjunction with the regular survey. The
 2569  monitoring visits may be provided through contractual
 2570  arrangements with appropriate community agencies. A registered
 2571  nurse shall serve as part of the team that inspects the
 2572  facility. The agency may waive one of the required yearly
 2573  monitoring visits for a facility that has been licensed for at
 2574  least 24 months to provide extended congregate care services,
 2575  if, during the inspection, the registered nurse determines that
 2576  extended congregate care services are being provided
 2577  appropriately, and if the facility has no class I or class II
 2578  violations and no uncorrected class III violations. The agency
 2579  must first consult with the long-term care ombudsman council for
 2580  the area in which the facility is located to determine if any
 2581  complaints have been made and substantiated about the quality of
 2582  services or care. The agency may not waive one of the required
 2583  yearly monitoring visits if complaints have been made and
 2584  substantiated.
 2585         3. A facility that is licensed to provide extended
 2586  congregate care services must:
 2587         a. Demonstrate the capability to meet unanticipated
 2588  resident service needs.
 2589         b. Offer a physical environment that promotes a homelike
 2590  setting, provides for resident privacy, promotes resident
 2591  independence, and allows sufficient congregate space as defined
 2592  by rule.
 2593         c. Have sufficient staff available, taking into account the
 2594  physical plant and firesafety features of the building, to
 2595  assist with the evacuation of residents in an emergency.
 2596         d. Adopt and follow policies and procedures that maximize
 2597  resident independence, dignity, choice, and decisionmaking to
 2598  permit residents to age in place, so that moves due to changes
 2599  in functional status are minimized or avoided.
 2600         e. Allow residents or, if applicable, a resident’s
 2601  representative, designee, surrogate, guardian, or attorney in
 2602  fact to make a variety of personal choices, participate in
 2603  developing service plans, and share responsibility in
 2604  decisionmaking.
 2605         f. Implement the concept of managed risk.
 2606         g. Provide, directly or through contract, the services of a
 2607  person licensed under part I of chapter 464.
 2608         h. In addition to the training mandated in s. 429.52,
 2609  provide specialized training as defined by rule for facility
 2610  staff.
 2611         4. A facility that is licensed to provide extended
 2612  congregate care services is exempt from the criteria for
 2613  continued residency set forth in rules adopted under s. 429.41.
 2614  A licensed facility must adopt its own requirements within
 2615  guidelines for continued residency set forth by rule. However,
 2616  the facility may not serve residents who require 24-hour nursing
 2617  supervision. A licensed facility that provides extended
 2618  congregate care services must also provide each resident with a
 2619  written copy of facility policies governing admission and
 2620  retention.
 2621         5. The primary purpose of extended congregate care services
 2622  is to allow residents, as they become more impaired, the option
 2623  of remaining in a familiar setting from which they would
 2624  otherwise be disqualified for continued residency. A facility
 2625  licensed to provide extended congregate care services may also
 2626  admit an individual who exceeds the admission criteria for a
 2627  facility with a standard license, if the individual is
 2628  determined appropriate for admission to the extended congregate
 2629  care facility.
 2630         6. Before the admission of an individual to a facility
 2631  licensed to provide extended congregate care services, the
 2632  individual must undergo a medical examination as provided in s.
 2633  429.26(4) and the facility must develop a preliminary service
 2634  plan for the individual.
 2635         7. When a licensee facility can no longer provide or
 2636  arrange for services in accordance with the resident’s service
 2637  plan and needs and the licensee’s facility’s policy, the
 2638  licensee facility shall make arrangements for relocating the
 2639  person in accordance with s. 429.28(1)(k).
 2640         8. Failure to provide extended congregate care services may
 2641  result in denial of extended congregate care license renewal.
 2642         (c) A limited nursing services license shall be issued to a
 2643  facility that provides services beyond those authorized in
 2644  paragraph (a) and as specified in this paragraph.
 2645         1. In order for limited nursing services to be provided in
 2646  a facility licensed under this part, the agency must first
 2647  determine that all requirements established in law and rule are
 2648  met and must specifically designate, on the facility’s license,
 2649  that such services may be provided. Such designation may be made
 2650  at the time of initial licensure or relicensure, or upon request
 2651  in writing by a licensee under this part and part II of chapter
 2652  408. Notification of approval or denial of such request shall be
 2653  made in accordance with part II of chapter 408. Existing
 2654  facilities qualifying to provide limited nursing services shall
 2655  have maintained a standard license and may not have been subject
 2656  to administrative sanctions that affect the health, safety, and
 2657  welfare of residents for the previous 2 years or since initial
 2658  licensure if the facility has been licensed for less than 2
 2659  years.
 2660         2. Facilities that are licensed to provide limited nursing
 2661  services shall maintain a written progress report on each person
 2662  who receives such nursing services, which report describes the
 2663  type, amount, duration, scope, and outcome of services that are
 2664  rendered and the general status of the resident’s health. A
 2665  registered nurse representing the agency shall visit such
 2666  facilities at least twice a year to monitor residents who are
 2667  receiving limited nursing services and to determine if the
 2668  facility is in compliance with applicable provisions of this
 2669  part, part II of chapter 408, and related rules. The monitoring
 2670  visits may be provided through contractual arrangements with
 2671  appropriate community agencies. A registered nurse shall also
 2672  serve as part of the team that inspects such facility.
 2673         3. A person who receives limited nursing services under
 2674  this part must meet the admission criteria established by the
 2675  agency for assisted living facilities. When a resident no longer
 2676  meets the admission criteria for a facility licensed under this
 2677  part, arrangements for relocating the person shall be made in
 2678  accordance with s. 429.28(1)(k), unless the facility is licensed
 2679  to provide extended congregate care services.
 2680         (4) In accordance with s. 408.805, an applicant or licensee
 2681  shall pay a fee for each license application submitted under
 2682  this part, part II of chapter 408, and applicable rules. The
 2683  amount of the fee shall be established by rule.
 2684         (a) The biennial license fee required of a facility is $371
 2685  $300 per license, with an additional fee of $71 $50 per resident
 2686  based on the total licensed resident capacity of the facility,
 2687  except that no additional fee will be assessed for beds
 2688  designated for recipients of optional state supplementation
 2689  payments provided for in s. 409.212. The total fee may not
 2690  exceed $18,000 $10,000.
 2691         (b) In addition to the total fee assessed under paragraph
 2692  (a), the agency shall require facilities that are licensed to
 2693  provide extended congregate care services under this part to pay
 2694  an additional fee per licensed facility. The amount of the
 2695  biennial fee shall be $523 $400 per license, with an additional
 2696  fee of $10 per resident based on the total licensed resident
 2697  capacity of the facility.
 2698         (c) In addition to the total fee assessed under paragraph
 2699  (a), the agency shall require facilities that are licensed to
 2700  provide limited nursing services under this part to pay an
 2701  additional fee per licensed facility. The amount of the biennial
 2702  fee shall be $250 per license, with an additional fee of $10 per
 2703  resident based on the total licensed resident capacity of the
 2704  facility.
 2705         (6) In order to determine whether the facility is
 2706  adequately protecting residents’ rights as provided in s.
 2707  429.28, the agency shall conduct a standard licensure survey,
 2708  which shall include private informal conversations with a sample
 2709  of residents and consultation with the ombudsman council in the
 2710  planning and service area in which the facility is located to
 2711  discuss residents’ experiences within the facility.
 2712         (7) An assisted living facility that has been cited within
 2713  the previous 24-month period for a class I or class II
 2714  violation, regardless of the status of any enforcement or
 2715  disciplinary action, is subject to periodic unannounced
 2716  monitoring to determine if the facility is in compliance with
 2717  this part, part II of chapter 408, and applicable rules.
 2718  Monitoring may occur through a desk review or an onsite
 2719  assessment. If the class I or class II violation relates to
 2720  providing or failing to provide nursing care, a registered nurse
 2721  must participate in monitoring activities during the 12-month
 2722  period following the violation.
 2723         Section 62. Subsection (7) of section 429.11, Florida
 2724  Statutes, is renumbered as subsection (6), and present
 2725  subsection (6) of that section is amended to read:
 2726         429.11 Initial application for license; provisional
 2727  license.—
 2728         (6) In addition to the license categories available in s.
 2729  408.808, a provisional license may be issued to an applicant
 2730  making initial application for licensure or making application
 2731  for a change of ownership. A provisional license shall be
 2732  limited in duration to a specific period of time not to exceed 6
 2733  months, as determined by the agency.
 2734         Section 63. Section 429.12, Florida Statutes, is amended to
 2735  read:
 2736         429.12 Sale or transfer of ownership of a facility.—It is
 2737  the intent of the Legislature to protect the rights of the
 2738  residents of an assisted living facility when the facility is
 2739  sold or the ownership thereof is transferred. Therefore, in
 2740  addition to the requirements of part II of chapter 408, whenever
 2741  a facility is sold or the ownership thereof is transferred,
 2742  including leasing,:
 2743         (1) the transferee shall notify the residents, in writing,
 2744  of the change of ownership within 7 days after receipt of the
 2745  new license.
 2746         (2) The transferor of a facility the license of which is
 2747  denied pending an administrative hearing shall, as a part of the
 2748  written change-of-ownership contract, advise the transferee that
 2749  a plan of correction must be submitted by the transferee and
 2750  approved by the agency at least 7 days before the change of
 2751  ownership and that failure to correct the condition which
 2752  resulted in the moratorium pursuant to part II of chapter 408 or
 2753  denial of licensure is grounds for denial of the transferee’s
 2754  license.
 2755         Section 64. Subsections (1), (4), and (5) of section
 2756  429.17, Florida Statutes, are amended to read:
 2757         429.17 Expiration of license; renewal; conditional
 2758  license.—
 2759         (1) Limited nursing, Extended congregate care, and limited
 2760  mental health licenses shall expire at the same time as the
 2761  facility’s standard license, regardless of when issued.
 2762         (4) In addition to the license categories available in s.
 2763  408.808, a conditional license may be issued to an applicant for
 2764  license renewal if the applicant fails to meet all standards and
 2765  requirements for licensure. A conditional license issued under
 2766  this subsection shall be limited in duration to a specific
 2767  period of time not to exceed 6 months, as determined by the
 2768  agency, and shall be accompanied by an agency-approved plan of
 2769  correction.
 2770         (5) When an extended congregate care or limited nursing
 2771  license is requested during a facility’s biennial license
 2772  period, the fee shall be prorated in order to permit the
 2773  additional license to expire at the end of the biennial license
 2774  period. The fee shall be calculated as of the date the
 2775  additional license application is received by the agency.
 2776         Section 65. Subsection (7) of section 429.19, Florida
 2777  Statutes, is amended to read:
 2778         429.19 Violations; imposition of administrative fines;
 2779  grounds.—
 2780         (7) In addition to any administrative fines imposed, the
 2781  agency may assess a survey or monitoring fee, equal to the
 2782  lesser of one half of the facility’s biennial license and bed
 2783  fee or $500, to cover the cost of conducting initial complaint
 2784  investigations that result in the finding of a violation that
 2785  was the subject of the complaint or to monitor the health,
 2786  safety, or security of residents under s. 429.07(7) monitoring
 2787  visits conducted under s. 429.28(3)(c) to verify the correction
 2788  of the violations.
 2789         Section 66. Subsections (6) through (10) of section 429.23,
 2790  Florida Statutes, are renumbered as subsections (5) through (9),
 2791  respectively, and present subsection (5) of that section is
 2792  amended to read:
 2793         429.23 Internal risk management and quality assurance
 2794  program; adverse incidents and reporting requirements.—
 2795         (5) Each facility shall report monthly to the agency any
 2796  liability claim filed against it. The report must include the
 2797  name of the resident, the dates of the incident leading to the
 2798  claim, if applicable, and the type of injury or violation of
 2799  rights alleged to have occurred. This report is not discoverable
 2800  in any civil or administrative action, except in such actions
 2801  brought by the agency to enforce the provisions of this part.
 2802         Section 67. Paragraph (a) of subsection (1) and subsection
 2803  (2) of section 429.255, Florida Statutes, are amended to read:
 2804         429.255 Use of personnel; emergency care.—
 2805         (1)(a) Persons under contract to the facility or, facility
 2806  staff, or volunteers, who are licensed according to part I of
 2807  chapter 464, or those persons exempt under s. 464.022(1), and
 2808  others as defined by rule, may administer medications to
 2809  residents, take residents’ vital signs, manage individual weekly
 2810  pill organizers for residents who self-administer medication,
 2811  give prepackaged enemas ordered by a physician, observe
 2812  residents, document observations on the appropriate resident’s
 2813  record, report observations to the resident’s physician, and
 2814  contract or allow residents or a resident’s representative,
 2815  designee, surrogate, guardian, or attorney in fact to contract
 2816  with a third party, provided residents meet the criteria for
 2817  appropriate placement as defined in s. 429.26. Persons under
 2818  contract to the facility or facility staff who are licensed
 2819  according to part I of chapter 464 may provide limited nursing
 2820  services. Nursing assistants certified pursuant to part II of
 2821  chapter 464 may take residents’ vital signs as directed by a
 2822  licensed nurse or physician. The facility is responsible for
 2823  maintaining documentation of services provided under this
 2824  paragraph and as required by rule and ensuring that staff are
 2825  adequately trained to monitor residents receiving these
 2826  services.
 2827         (2) In facilities licensed to provide extended congregate
 2828  care, persons under contract to the facility or, facility staff,
 2829  or volunteers, who are licensed according to part I of chapter
 2830  464, or those persons exempt under s. 464.022(1), or those
 2831  persons certified as nursing assistants pursuant to part II of
 2832  chapter 464, may also perform all duties within the scope of
 2833  their license or certification, as approved by the facility
 2834  administrator and pursuant to this part.
 2835         Section 68. Subsections (4), (5), (6), and (7) of section
 2836  429.28, Florida Statutes, are renumbered as subsections (3),
 2837  (4), (5), and (6), respectively, and present subsections (3) and
 2838  (6) of that section are amended to read:
 2839         429.28 Resident bill of rights.—
 2840         (3)(a) The agency shall conduct a survey to determine
 2841  general compliance with facility standards and compliance with
 2842  residents’ rights as a prerequisite to initial licensure or
 2843  licensure renewal.
 2844         (b) In order to determine whether the facility is
 2845  adequately protecting residents’ rights, the biennial survey
 2846  shall include private informal conversations with a sample of
 2847  residents and consultation with the ombudsman council in the
 2848  planning and service area in which the facility is located to
 2849  discuss residents’ experiences within the facility.
 2850         (c) During any calendar year in which no survey is
 2851  conducted, the agency shall conduct at least one monitoring
 2852  visit of each facility cited in the previous year for a class I
 2853  or class II violation, or more than three uncorrected class III
 2854  violations.
 2855         (d) The agency may conduct periodic followup inspections as
 2856  necessary to monitor the compliance of facilities with a history
 2857  of any class I, class II, or class III violations that threaten
 2858  the health, safety, or security of residents.
 2859         (e) The agency may conduct complaint investigations as
 2860  warranted to investigate any allegations of noncompliance with
 2861  requirements required under this part or rules adopted under
 2862  this part.
 2863         (5)(6) Any facility which terminates the residency of an
 2864  individual who participated in activities specified in
 2865  subsection (4) (5) shall show good cause in a court of competent
 2866  jurisdiction.
 2867         Section 69. Subsection (2) of section 429.35, Florida
 2868  Statutes, is amended to read:
 2869         429.35 Maintenance of records; reports.—
 2870         (2) Within 60 days after the date of the biennial
 2871  inspection visit required under s. 408.811 or within 30 days
 2872  after the date of any interim visit, the agency shall forward
 2873  the results of the inspection to the local ombudsman council in
 2874  whose planning and service area, as defined in part II of
 2875  chapter 400, the facility is located; to at least one public
 2876  library or, in the absence of a public library, the county seat
 2877  in the county in which the inspected assisted living facility is
 2878  located; and, when appropriate, to the district Adult Services
 2879  and Mental Health Program Offices. This information may be
 2880  provided electronically or through the agency’s Internet
 2881  website.
 2882         Section 70. Paragraphs (i) and (j) of subsection (1) of
 2883  section 429.41, Florida Statutes, are amended to read:
 2884         429.41 Rules establishing standards.—
 2885         (1) It is the intent of the Legislature that rules
 2886  published and enforced pursuant to this section shall include
 2887  criteria by which a reasonable and consistent quality of
 2888  resident care and quality of life may be ensured and the results
 2889  of such resident care may be demonstrated. Such rules shall also
 2890  ensure a safe and sanitary environment that is residential and
 2891  noninstitutional in design or nature. It is further intended
 2892  that reasonable efforts be made to accommodate the needs and
 2893  preferences of residents to enhance the quality of life in a
 2894  facility. The agency, in consultation with the department, may
 2895  adopt rules to administer the requirements of part II of chapter
 2896  408. In order to provide safe and sanitary facilities and the
 2897  highest quality of resident care accommodating the needs and
 2898  preferences of residents, the department, in consultation with
 2899  the agency, the Department of Children and Family Services, and
 2900  the Department of Health, shall adopt rules, policies, and
 2901  procedures to administer this part, which must include
 2902  reasonable and fair minimum standards in relation to:
 2903         (i) Facilities holding an a limited nursing, extended
 2904  congregate care, or limited mental health license.
 2905         (j) The establishment of specific criteria to define
 2906  appropriateness of resident admission and continued residency in
 2907  a facility holding a standard, limited nursing, extended
 2908  congregate care, and limited mental health license.
 2909         Section 71. Subsections (1) and (2) of section 429.53,
 2910  Florida Statutes, are amended to read:
 2911         429.53 Consultation by the agency.—
 2912         (1) The area offices of licensure and certification of the
 2913  agency shall provide consultation to the following upon request:
 2914         (a) A licensee of a facility.
 2915         (b) A person interested in obtaining a license to operate a
 2916  facility under this part.
 2917         (2) As used in this section, “consultation” includes:
 2918         (a) An explanation of the requirements of this part and
 2919  rules adopted pursuant thereto;
 2920         (b) An explanation of the license application and renewal
 2921  procedures; and
 2922         (c) The provision of a checklist of general local and state
 2923  approvals required prior to constructing or developing a
 2924  facility and a listing of the types of agencies responsible for
 2925  such approvals;
 2926         (d) An explanation of benefits and financial assistance
 2927  available to a recipient of supplemental security income
 2928  residing in a facility;
 2929         (c)(e) Any other information which the agency deems
 2930  necessary to promote compliance with the requirements of this
 2931  part; and
 2932         (f) A preconstruction review of a facility to ensure
 2933  compliance with agency rules and this part.
 2934         Section 72. Subsections (1) and (2) of section 429.54,
 2935  Florida Statutes, are renumbered as subsections (2) and (3),
 2936  respectively, and a new subsection (1) is added to that section
 2937  to read:
 2938         429.54 Collection of information; local subsidy.—
 2939         (1) A facility that is licensed under this part must report
 2940  electronically to the agency semiannually data related to the
 2941  facility, including, but not limited to, the total number of
 2942  residents, the number of residents who are receiving limited
 2943  mental health services, the number of residents who are
 2944  receiving extended congregate care services, the number of
 2945  residents who are receiving limited nursing services, and
 2946  professional staffing employed by or under contract with the
 2947  licensee to provide resident services. The department, in
 2948  consultation with the agency, shall adopt rules to administer
 2949  this subsection.
 2950         Section 73. Subsections (1) and (5) of section 429.71,
 2951  Florida Statutes, are amended to read:
 2952         429.71 Classification of violations deficiencies;
 2953  administrative fines.—
 2954         (1) In addition to the requirements of part II of chapter
 2955  408 and in addition to any other liability or penalty provided
 2956  by law, the agency may impose an administrative fine on a
 2957  provider according to the following classification:
 2958         (a) Class I violations are defined in s. 408.813 those
 2959  conditions or practices related to the operation and maintenance
 2960  of an adult family-care home or to the care of residents which
 2961  the agency determines present an imminent danger to the
 2962  residents or guests of the facility or a substantial probability
 2963  that death or serious physical or emotional harm would result
 2964  therefrom. The condition or practice that constitutes a class I
 2965  violation must be abated or eliminated within 24 hours, unless a
 2966  fixed period, as determined by the agency, is required for
 2967  correction. A class I violation deficiency is subject to an
 2968  administrative fine in an amount not less than $500 and not
 2969  exceeding $1,000 for each violation. A fine may be levied
 2970  notwithstanding the correction of the deficiency.
 2971         (b) Class II violations are defined in s. 408.813 those
 2972  conditions or practices related to the operation and maintenance
 2973  of an adult family-care home or to the care of residents which
 2974  the agency determines directly threaten the physical or
 2975  emotional health, safety, or security of the residents, other
 2976  than class I violations. A class II violation is subject to an
 2977  administrative fine in an amount not less than $250 and not
 2978  exceeding $500 for each violation. A citation for a class II
 2979  violation must specify the time within which the violation is
 2980  required to be corrected. If a class II violation is corrected
 2981  within the time specified, no civil penalty shall be imposed,
 2982  unless it is a repeated offense.
 2983         (c) Class III violations are defined in s. 408.813 those
 2984  conditions or practices related to the operation and maintenance
 2985  of an adult family-care home or to the care of residents which
 2986  the agency determines indirectly or potentially threaten the
 2987  physical or emotional health, safety, or security of residents,
 2988  other than class I or class II violations. A class III violation
 2989  is subject to an administrative fine in an amount not less than
 2990  $100 and not exceeding $250 for each violation. A citation for a
 2991  class III violation shall specify the time within which the
 2992  violation is required to be corrected. If a class III violation
 2993  is corrected within the time specified, no civil penalty shall
 2994  be imposed, unless it is a repeated violation offense.
 2995         (d) Class IV violations are defined in s. 408.813 those
 2996  conditions or occurrences related to the operation and
 2997  maintenance of an adult family-care home, or related to the
 2998  required reports, forms, or documents, which do not have the
 2999  potential of negatively affecting the residents. A provider that
 3000  does not correct A class IV violation within the time limit
 3001  specified by the agency is subject to an administrative fine in
 3002  an amount not less than $50 and not exceeding $100 for each
 3003  violation. Any class IV violation that is corrected during the
 3004  time the agency survey is conducted will be identified as an
 3005  agency finding and not as a violation, unless it is a repeat
 3006  violation.
 3007         (5) As an alternative to or in conjunction with an
 3008  administrative action against a provider, the agency may request
 3009  a plan of corrective action that demonstrates a good faith
 3010  effort to remedy each violation by a specific date, subject to
 3011  the approval of the agency.
 3012         Section 74. Section 429.915, Florida Statutes, is amended
 3013  to read:
 3014         429.915 Conditional license.—In addition to the license
 3015  categories available in part II of chapter 408, the agency may
 3016  issue a conditional license to an applicant for license renewal
 3017  or change of ownership if the applicant fails to meet all
 3018  standards and requirements for licensure. A conditional license
 3019  issued under this subsection must be limited to a specific
 3020  period not exceeding 6 months, as determined by the agency, and
 3021  must be accompanied by an approved plan of correction.
 3022         Section 75. Paragraphs (b) and (g) of subsection (3) of
 3023  section 430.80, Florida Statutes, are amended to read:
 3024         430.80 Implementation of a teaching nursing home pilot
 3025  project.—
 3026         (3) To be designated as a teaching nursing home, a nursing
 3027  home licensee must, at a minimum:
 3028         (b) Participate in a nationally recognized accreditation
 3029  program and hold a valid accreditation, such as the
 3030  accreditation awarded by the Joint Commission on Accreditation
 3031  of Healthcare Organizations, or, at the time of initial
 3032  designation, possess a Gold Seal Award as conferred by the state
 3033  on its licensed nursing home;
 3034         (g) Maintain insurance coverage pursuant to s.
 3035  400.141(1)(q)(s) or proof of financial responsibility in a
 3036  minimum amount of $750,000. Such proof of financial
 3037  responsibility may include:
 3038         1. Maintaining an escrow account consisting of cash or
 3039  assets eligible for deposit in accordance with s. 625.52; or
 3040         2. Obtaining and maintaining pursuant to chapter 675 an
 3041  unexpired, irrevocable, nontransferable and nonassignable letter
 3042  of credit issued by any bank or savings association organized
 3043  and existing under the laws of this state or any bank or savings
 3044  association organized under the laws of the United States that
 3045  has its principal place of business in this state or has a
 3046  branch office which is authorized to receive deposits in this
 3047  state. The letter of credit shall be used to satisfy the
 3048  obligation of the facility to the claimant upon presentment of a
 3049  final judgment indicating liability and awarding damages to be
 3050  paid by the facility or upon presentment of a settlement
 3051  agreement signed by all parties to the agreement when such final
 3052  judgment or settlement is a result of a liability claim against
 3053  the facility.
 3054         Section 76. Paragraph (d) of subsection (9) of section
 3055  440.102, Florida Statutes, is repealed.
 3056         Section 77. Paragraph (a) of subsection (2) of section
 3057  440.13, Florida Statutes, is amended to read:
 3058         440.13 Medical services and supplies; penalty for
 3059  violations; limitations.—
 3060         (2) MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.—
 3061         (a) Subject to the limitations specified elsewhere in this
 3062  chapter, the employer shall furnish to the employee such
 3063  medically necessary remedial treatment, care, and attendance for
 3064  such period as the nature of the injury or the process of
 3065  recovery may require, which is in accordance with established
 3066  practice parameters and protocols of treatment as provided for
 3067  in this chapter, including medicines, medical supplies, durable
 3068  medical equipment, orthoses, prostheses, and other medically
 3069  necessary apparatus. Remedial treatment, care, and attendance,
 3070  including work-hardening programs or pain-management programs
 3071  accredited by the Commission on Accreditation of Rehabilitation
 3072  Facilities or the Joint Commission on the Accreditation of
 3073  Health Organizations or pain-management programs affiliated with
 3074  medical schools, shall be considered as covered treatment only
 3075  when such care is given based on a referral by a physician as
 3076  defined in this chapter. Medically necessary treatment, care,
 3077  and attendance does not include chiropractic services in excess
 3078  of 24 treatments or rendered 12 weeks beyond the date of the
 3079  initial chiropractic treatment, whichever comes first, unless
 3080  the carrier authorizes additional treatment or the employee is
 3081  catastrophically injured.
 3082  
 3083  Failure of the carrier to timely comply with this subsection
 3084  shall be a violation of this chapter and the carrier shall be
 3085  subject to penalties as provided for in s. 440.525.
 3086         Section 78. Section 483.294, Florida Statutes, is amended
 3087  to read:
 3088         483.294 Inspection of centers.—In accordance with s.
 3089  408.811, the agency shall biennially, at least once annually,
 3090  inspect the premises and operations of all centers subject to
 3091  licensure under this part.
 3092         Section 79. Subsection (4) is added to section 626.9541,
 3093  Florida Statutes, to read:
 3094         626.9541 Unfair methods of competition and unfair or
 3095  deceptive acts or practices defined; alternative rates of
 3096  payment; wellness programs.—
 3097         (4) WELLNESS PROGRAMS.—An insurer issuing a group or
 3098  individual health benefit plan may offer a voluntary wellness or
 3099  health-improvement program that allows for rewards or
 3100  incentives, including, but not limited to, merchandise, gift
 3101  cards, debit cards, premium discounts or rebates, contributions
 3102  towards a member’s health savings account, modifications to
 3103  copayment, deductible, or coinsurance amounts, or any
 3104  combination of these incentives, to encourage or reward
 3105  participation in the program. The health plan member may be
 3106  required to provide verification, such as a statement from his
 3107  or her physician, that a medical condition makes it unreasonably
 3108  difficult or medically inadvisable for the individual to
 3109  participate in the wellness program. Any reward or incentive
 3110  established under this subsection is not an insurance benefit
 3111  and does not violate this section. This subsection does not
 3112  prohibit an insurer from offering incentives or rewards to
 3113  members for adherence to wellness or health improvement programs
 3114  if otherwise allowed by state or federal law. Notwithstanding
 3115  any provision of this subsection, no insurer, nor its agent, may
 3116  use any incentive authorized by this subsection for the purpose
 3117  of redirecting patients from one health care insurance plan to
 3118  another.
 3119         Section 80. Subsection (1) of section 627.645, Florida
 3120  Statutes, is amended to read:
 3121         627.645 Denial of health insurance claims restricted.—
 3122         (1) No claim for payment under a health insurance policy or
 3123  self-insured program of health benefits for treatment, care, or
 3124  services in a licensed hospital which is accredited by the Joint
 3125  Commission on the Accreditation of Hospitals, the American
 3126  Osteopathic Association, or the Commission on the Accreditation
 3127  of Rehabilitative Facilities shall be denied because such
 3128  hospital lacks major surgical facilities and is primarily of a
 3129  rehabilitative nature, if such rehabilitation is specifically
 3130  for treatment of physical disability.
 3131         Section 81. Paragraph (c) of subsection (2) of section
 3132  627.668, Florida Statutes, is amended to read:
 3133         627.668 Optional coverage for mental and nervous disorders
 3134  required; exception.—
 3135         (2) Under group policies or contracts, inpatient hospital
 3136  benefits, partial hospitalization benefits, and outpatient
 3137  benefits consisting of durational limits, dollar amounts,
 3138  deductibles, and coinsurance factors shall not be less favorable
 3139  than for physical illness generally, except that:
 3140         (c) Partial hospitalization benefits shall be provided
 3141  under the direction of a licensed physician. For purposes of
 3142  this part, the term “partial hospitalization services” is
 3143  defined as those services offered by a program accredited by the
 3144  Joint Commission on Accreditation of Hospitals (JCAH) or in
 3145  compliance with equivalent standards. Alcohol rehabilitation
 3146  programs accredited by the Joint Commission on Accreditation of
 3147  Hospitals or approved by the state and licensed drug abuse
 3148  rehabilitation programs shall also be qualified providers under
 3149  this section. In any benefit year, if partial hospitalization
 3150  services or a combination of inpatient and partial
 3151  hospitalization are utilized, the total benefits paid for all
 3152  such services shall not exceed the cost of 30 days of inpatient
 3153  hospitalization for psychiatric services, including physician
 3154  fees, which prevail in the community in which the partial
 3155  hospitalization services are rendered. If partial
 3156  hospitalization services benefits are provided beyond the limits
 3157  set forth in this paragraph, the durational limits, dollar
 3158  amounts, and coinsurance factors thereof need not be the same as
 3159  those applicable to physical illness generally.
 3160         Section 82. Subsection (3) of section 627.669, Florida
 3161  Statutes, is amended to read:
 3162         627.669 Optional coverage required for substance abuse
 3163  impaired persons; exception.—
 3164         (3) The benefits provided under this section shall be
 3165  applicable only if treatment is provided by, or under the
 3166  supervision of, or is prescribed by, a licensed physician or
 3167  licensed psychologist and if services are provided in a program
 3168  accredited by the Joint Commission on Accreditation of Hospitals
 3169  or approved by the state.
 3170         Section 83. Paragraph (a) of subsection (1) of section
 3171  627.736, Florida Statutes, is amended to read:
 3172         627.736 Required personal injury protection benefits;
 3173  exclusions; priority; claims.—
 3174         (1) REQUIRED BENEFITS.—Every insurance policy complying
 3175  with the security requirements of s. 627.733 shall provide
 3176  personal injury protection to the named insured, relatives
 3177  residing in the same household, persons operating the insured
 3178  motor vehicle, passengers in such motor vehicle, and other
 3179  persons struck by such motor vehicle and suffering bodily injury
 3180  while not an occupant of a self-propelled vehicle, subject to
 3181  the provisions of subsection (2) and paragraph (4)(e), to a
 3182  limit of $10,000 for loss sustained by any such person as a
 3183  result of bodily injury, sickness, disease, or death arising out
 3184  of the ownership, maintenance, or use of a motor vehicle as
 3185  follows:
 3186         (a) Medical benefits.—Eighty percent of all reasonable
 3187  expenses for medically necessary medical, surgical, X-ray,
 3188  dental, and rehabilitative services, including prosthetic
 3189  devices, and medically necessary ambulance, hospital, and
 3190  nursing services. However, the medical benefits shall provide
 3191  reimbursement only for such services and care that are lawfully
 3192  provided, supervised, ordered, or prescribed by a physician
 3193  licensed under chapter 458 or chapter 459, a dentist licensed
 3194  under chapter 466, or a chiropractic physician licensed under
 3195  chapter 460 or that are provided by any of the following persons
 3196  or entities:
 3197         1. A hospital or ambulatory surgical center licensed under
 3198  chapter 395.
 3199         2. A person or entity licensed under ss. 401.2101-401.45
 3200  that provides emergency transportation and treatment.
 3201         3. An entity wholly owned by one or more physicians
 3202  licensed under chapter 458 or chapter 459, chiropractic
 3203  physicians licensed under chapter 460, or dentists licensed
 3204  under chapter 466 or by such practitioner or practitioners and
 3205  the spouse, parent, child, or sibling of that practitioner or
 3206  those practitioners.
 3207         4. An entity wholly owned, directly or indirectly, by a
 3208  hospital or hospitals.
 3209         5. A health care clinic licensed under ss. 400.990-400.995
 3210  that is:
 3211         a. Accredited by the Joint Commission on Accreditation of
 3212  Healthcare Organizations, the American Osteopathic Association,
 3213  the Commission on Accreditation of Rehabilitation Facilities, or
 3214  the Accreditation Association for Ambulatory Health Care, Inc.;
 3215  or
 3216         b. A health care clinic that:
 3217         (I) Has a medical director licensed under chapter 458,
 3218  chapter 459, or chapter 460;
 3219         (II) Has been continuously licensed for more than 3 years
 3220  or is a publicly traded corporation that issues securities
 3221  traded on an exchange registered with the United States
 3222  Securities and Exchange Commission as a national securities
 3223  exchange; and
 3224         (III) Provides at least four of the following medical
 3225  specialties:
 3226         (A) General medicine.
 3227         (B) Radiography.
 3228         (C) Orthopedic medicine.
 3229         (D) Physical medicine.
 3230         (E) Physical therapy.
 3231         (F) Physical rehabilitation.
 3232         (G) Prescribing or dispensing outpatient prescription
 3233  medication.
 3234         (H) Laboratory services.
 3235  
 3236  The Financial Services Commission shall adopt by rule the form
 3237  that must be used by an insurer and a health care provider
 3238  specified in subparagraph 3., subparagraph 4., or subparagraph
 3239  5. to document that the health care provider meets the criteria
 3240  of this paragraph, which rule must include a requirement for a
 3241  sworn statement or affidavit.
 3242  
 3243  Only insurers writing motor vehicle liability insurance in this
 3244  state may provide the required benefits of this section, and no
 3245  such insurer shall require the purchase of any other motor
 3246  vehicle coverage other than the purchase of property damage
 3247  liability coverage as required by s. 627.7275 as a condition for
 3248  providing such required benefits. Insurers may not require that
 3249  property damage liability insurance in an amount greater than
 3250  $10,000 be purchased in conjunction with personal injury
 3251  protection. Such insurers shall make benefits and required
 3252  property damage liability insurance coverage available through
 3253  normal marketing channels. Any insurer writing motor vehicle
 3254  liability insurance in this state who fails to comply with such
 3255  availability requirement as a general business practice shall be
 3256  deemed to have violated part IX of chapter 626, and such
 3257  violation shall constitute an unfair method of competition or an
 3258  unfair or deceptive act or practice involving the business of
 3259  insurance; and any such insurer committing such violation shall
 3260  be subject to the penalties afforded in such part, as well as
 3261  those which may be afforded elsewhere in the insurance code.
 3262         Section 84. Subsection (12) of section 641.495, Florida
 3263  Statutes, is amended to read:
 3264         641.495 Requirements for issuance and maintenance of
 3265  certificate.—
 3266         (12) The provisions of part I of chapter 395 do not apply
 3267  to a health maintenance organization that, on or before January
 3268  1, 1991, provides not more than 10 outpatient holding beds for
 3269  short-term and hospice-type patients in an ambulatory care
 3270  facility for its members, provided that such health maintenance
 3271  organization maintains current accreditation by the Joint
 3272  Commission on Accreditation of Health Care Organizations, the
 3273  Accreditation Association for Ambulatory Health Care, or the
 3274  National Committee for Quality Assurance.
 3275         Section 85. Subsection (13) of section 651.118, Florida
 3276  Statutes, is amended to read:
 3277         651.118 Agency for Health Care Administration; certificates
 3278  of need; sheltered beds; community beds.—
 3279         (13) Residents, as defined in this chapter, are not
 3280  considered new admissions for the purpose of s.
 3281  400.141(1)(n)(o)1.d.
 3282         Section 86. Subsection (2) of section 766.1015, Florida
 3283  Statutes, is amended to read:
 3284         766.1015 Civil immunity for members of or consultants to
 3285  certain boards, committees, or other entities.—
 3286         (2) Such committee, board, group, commission, or other
 3287  entity must be established in accordance with state law or in
 3288  accordance with requirements of the Joint Commission on
 3289  Accreditation of Healthcare Organizations, established and duly
 3290  constituted by one or more public or licensed private hospitals
 3291  or behavioral health agencies, or established by a governmental
 3292  agency. To be protected by this section, the act, decision,
 3293  omission, or utterance may not be made or done in bad faith or
 3294  with malicious intent.
 3295         Section 87. Subsection (4) of section 766.202, Florida
 3296  Statutes, is amended to read:
 3297         766.202 Definitions; ss. 766.201-766.212.—As used in ss.
 3298  766.201-766.212, the term:
 3299         (4) “Health care provider” means any hospital, ambulatory
 3300  surgical center, or mobile surgical facility as defined and
 3301  licensed under chapter 395; a birth center licensed under
 3302  chapter 383; any person licensed under chapter 458, chapter 459,
 3303  chapter 460, chapter 461, chapter 462, chapter 463, part I of
 3304  chapter 464, chapter 466, chapter 467, part XIV of chapter 468,
 3305  or chapter 486; a clinical lab licensed under chapter 483; a
 3306  health maintenance organization certificated under part I of
 3307  chapter 641; a blood bank; a plasma center; an industrial
 3308  clinic; a renal dialysis facility; or a professional association
 3309  partnership, corporation, joint venture, or other association
 3310  for professional activity by health care providers.
 3311         Section 88. This act shall take effect July 1, 2011.