Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1384
       
       
       
       
       
       
                                Barcode 345052                          
       
                              LEGISLATIVE ACTION                        
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       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. A
   15  minimum weekly average of certified nursing assistant and
   16  licensed nursing staffing combined of 3.6 hours of direct care
   17  per resident per day. As used in this sub-subparagraph, a week
   18  is 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 nursing
   22  assistant staffing of 2.5 hours of direct care per resident per
   23  day. A facility may not staff below one certified nursing
   24  assistant per 20 residents.
   25         c. A minimum licensed nursing staffing of 1.0 hour of
   26  direct care per resident per day. A facility may not staff below
   27  one licensed nurse per 40 residents.
   28         2. A Nursing assistant assistants employed 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 do shall not 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.