Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1482
       
       
       
       
       
       
                                Barcode 918804                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2013           .                                
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       The Committee on Health Policy (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 408.0362, Florida Statutes, is created
    6  to read:
    7         408.0362 Skilled nursing facility in retirement community;
    8  exempt from review.—
    9         (1) Upon request by a deed-restricted retirement community,
   10  the construction of a skilled nursing facility licensed under
   11  part II of chapter 400 for the addition of community skilled
   12  nursing home beds located within the retirement community is
   13  exempt from s. 408.036 if:
   14         (a) The retirement community is located in a county that
   15  has 25 percent or more of its population consisting of persons
   16  aged 65 and older;
   17         (b) The retirement community is located in a county that
   18  has a rate of no more than 16.1 beds per thousand persons aged
   19  65 years or older. The rate shall be determined by using the
   20  current number of licensed and approved community skilled
   21  nursing home beds in the agency’s most recent published
   22  inventory;
   23         (c) The retirement community is zoned for a mix of
   24  residential and nonresidential uses;
   25         (d) The residential use area of the retirement community is
   26  deed-restricted as housing for older persons as defined in s.
   27  760.29; and
   28         (e) The retirement community has a population of at least
   29  8,000 residents, based on a population data source accepted by
   30  the agency.
   31         (2) The number of community skilled nursing home beds
   32  allowed in a retirement community under the exemption shall be
   33  calculated at a rate of 16.1 beds per thousand persons aged 65
   34  years and older in the county in which the retirement community
   35  is located. To determine whether or not the county in which the
   36  retirement community is located is at or above the rate of 16.1
   37  beds per 1,000 elderly, the agency must use a prospective county
   38  population estimate 3 years in the future to demonstrate:
   39         (a) That the number of persons aged 65 years and older will
   40  comprise at least 25 percent of the county’s population at the
   41  end of the 3 years. From this result, the current number of
   42  licensed community skilled nursing home beds in the agency’s
   43  published inventory shall be subtracted to determine the net
   44  number of additional community skilled nursing home beds that
   45  the agency shall grant for development under the exemption; and
   46         (b) That the rate of community skilled nursing home beds in
   47  the county will either remain at 16.1 beds per thousand persons
   48  aged 65 years or older or will be less after 3 years, prior to
   49  approval of additional community skilled nursing home beds under
   50  the exemption.
   51         (3) A retirement community that qualifies for the exemption
   52  provided in this section shall provide a written request for an
   53  exemption in accordance with the applicable rules. In the
   54  request, the retirement community shall provide evidence of
   55  population, mixed-use status, and the results of the calculation
   56  showing the gross and net numbers of community skilled nursing
   57  home beds in the county.
   58         (4) The number of community skilled nursing home beds that
   59  are added pursuant to the exemption shall at no time exceed 240
   60  in any qualifying retirement community.
   61         (5) Any skilled nursing home facility built pursuant to the
   62  exemption shall be certified under both the Medicare and
   63  Medicaid programs. All beds in the skilled nursing home facility
   64  shall be certified under both the Medicare and Medicaid
   65  programs.
   66         Section 2. This act shall take effect upon becoming a law.
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69         And the title is amended as follows:
   70         Delete everything before the enacting clause
   71  and insert:
   72                        A bill to be entitled                      
   73         An act relating to skilled nursing facilities;
   74         creating s. 408.0362, F.S.; providing an exemption
   75         from certificate-of-need requirements for construction
   76         of a licensed skilled nursing facility in a retirement
   77         community; providing an effective date.