Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for CS for SB 1384 Barcode 345052 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Joyner moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 96 and 97 4 insert: 5 Section 2. Subsection (3) of section 400.23, Florida 6 Statutes, is amended to read: 7 400.23 Rules; evaluation and deficiencies; licensure 8 status.— 9 (3)(a)1. The agency shall adopt rules providing minimum 10 staffing requirements for nursing home facilities. These 11 requirements must include, for each facility: 12 a. A minimum certified nursing assistant staffing of 2.9 13 hours of direct care per resident per day. A facility may not 14 staff below one certified nursing assistant per 20 residents.A15minimum weekly average of certified nursing assistant and16licensed nursing staffing combined of 3.6 hours of direct care17per resident per day. As used in this sub-subparagraph, a week18is defined as Sunday through Saturday.19 b. A minimum licensed nursing staffing of 1.0 hour of 20 direct care per resident per day. A facility may not staff below 21 one licensed nurse per 40 residents.A minimum certified nursing22assistant staffing of 2.5 hours of direct care per resident per23day. A facility may not staff below one certified nursing24assistant per 20 residents.25c. A minimum licensed nursing staffing of 1.0 hour of26direct care per resident per day. A facility may not staff below27one licensed nurse per 40 residents.28 2. A Nursing assistantassistantsemployed under s. 29 400.211(2) may be included in computing the staffing ratio for 30 certified nursing assistants if their job responsibilities 31 include only nursing-assistant-related duties. 32 3. Each nursing home facility must document compliance with 33 staffing standards as required under this paragraph and post 34 daily the names of staff on duty for the benefit of facility 35 residents and the public. 36 4. The agency shall recognize the use of licensed nurses 37 for compliance with minimum staffing requirements for certified 38 nursing assistants if the nursing home facility otherwise meets 39 the minimum staffing requirements for licensed nurses and the 40 licensed nurses are performing the duties of a certified nursing 41 assistant. Unless otherwise approved by the agency, licensed 42 nurses counted toward the minimum staffing requirements for 43 certified nursing assistants must exclusively perform the duties 44 of a certified nursing assistant for the entire shift and not 45 also be counted toward the minimum staffing requirements for 46 licensed nurses. If the agency approved a facility’s request to 47 use a licensed nurse to perform both licensed nursing and 48 certified nursing assistant duties, the facility must allocate 49 the amount of staff time specifically spent on certified nursing 50 assistant duties for the purpose of documenting compliance with 51 minimum staffing requirements for certified and licensed nursing 52 staff. The hours of a licensed nurse with dual job 53 responsibilities may not be counted twice. 54 (b) Nonnursing staff providing eating assistance to 55 residents doshallnot count toward compliance with minimum 56 staffing standards. 57 (c) Licensed practical nurses licensed under chapter 464 58 who are providing nursing services in nursing home facilities 59 under this part may supervise the activities of other licensed 60 practical nurses, certified nursing assistants, and other 61 unlicensed personnel providing services in such facilities in 62 accordance with rules adopted by the Board of Nursing. 63 Section 3. For the purpose of incorporating the amendment 64 made by this act to section 400.23, Florida Statutes, in a 65 reference thereto, paragraphs (g) and (n) of subsection (1) of 66 section 400.141, Florida Statutes, are reenacted, and paragraph 67 (n) of subsection (1) of that section is amended, to read: 68 400.141 Administration and management of nursing home 69 facilities.— 70 (1) Every licensed facility shall comply with all 71 applicable standards and rules of the agency and shall: 72 (g) If the facility has a standard license, exceeds the 73 minimum required hours of licensed nursing and certified nursing 74 assistant direct care per resident per day, and is part of a 75 continuing care facility licensed under chapter 651 or a 76 retirement community that offers other services pursuant to part 77 III of this chapter or part I or part III of chapter 429 on a 78 single campus, be allowed to share programming and staff. At the 79 time of inspection, a continuing care facility or retirement 80 community that uses this option must demonstrate through 81 staffing records that minimum staffing requirements for the 82 facility were met. Licensed nurses and certified nursing 83 assistants who work in the facility may be used to provide 84 services elsewhere on campus if the facility exceeds the minimum 85 number of direct care hours required per resident per day and 86 the total number of residents receiving direct care services 87 from a licensed nurse or a certified nursing assistant does not 88 cause the facility to violate the staffing ratios required under 89 s. 400.23(3)(a). Compliance with the minimum staffing ratios 90 must be based on the total number of residents receiving direct 91 care services, regardless of where they reside on campus. If the 92 facility receives a conditional license, it may not share staff 93 until the conditional license status ends. This paragraph does 94 not restrict the agency’s authority under federal or state law 95 to require additional staff if a facility is cited for 96 deficiencies in care which are caused by an insufficient number 97 of certified nursing assistants or licensed nurses. The agency 98 may adopt rules for the documentation necessary to determine 99 compliance with this provision. 100 (n) Comply with state minimum-staffing requirements: 101 1. A facility that has failed to comply with state minimum 102 staffing requirements for 2 consecutive days is prohibited from 103 accepting new admissions until the facility has achieved the 104 minimum-staffing requirements for 6 consecutive days. For the 105 purposes of this subparagraph, any person who was a resident of 106 the facility and was absent from the facility for the purpose of 107 receiving medical care at a separate location or was on a leave 108 of absence is not considered a new admission. Failure by the 109 facility to impose such an admissions moratorium is subject to a 110 $1,000 fine. 111 2. A facility that does not have a conditional license may 112 be cited for failure to comply with the standards in s. 113 400.23(3)(a)1.b.and c.only if it has failed to meet those 114 standards on 2 consecutive days or if it has failed to meet at 115 least 97 percent of those standards on any one day. 116 3. A facility that has a conditional license must be in 117 compliance with the standards in s. 400.23(3)(a) at all times. 118 119 ================= T I T L E A M E N D M E N T ================ 120 And the title is amended as follows: 121 Delete line 24 122 and insert: 123 damages; amending s. 400.23, F.S.; revising minimum 124 staffing requirements for nursing homes; reenacting 125 and amending s. 400.141(1)(g) and (1)(n), F.S., 126 relating to the administration and management of 127 nursing home facilities, to incorporate the amendment 128 made to s. 400.23, F.S., in a reference thereto; 129 providing an effective date.