Florida Senate - 2014                       CS for CS for SB 976
       
       
        
       By the Committees on Judiciary; and Health Policy; and Senator
       Bean
       
       
       
       
       590-03527-14                                           2014976c2
    1                        A bill to be entitled                      
    2         An act relating to home health care; amending s.
    3         400.471, F.S.; exempting certain home health agencies
    4         from specified licensure application requirements;
    5         amending s. 400.506, F.S.; requiring a licensed nurse
    6         registry to ensure that each certified nursing
    7         assistant and home health aide referred by the
    8         registry present certain credentials; providing that
    9         registered nurses, licensed practical nurses,
   10         certified nursing assistants, companions or
   11         homemakers, and home health aides are independent
   12         contractors and not employees of the nurse registries
   13         that referred them; requiring a nurse registry to
   14         inform the patient, the patient’s family, or a person
   15         acting on behalf of the patient that the a referred
   16         caregiver is an independent contractor and that the
   17         nurse registry is not required to monitor, supervise,
   18         manage, or train a registered nurse, licensed
   19         practical nurse, certified nursing assistant,
   20         companion or homemaker, or home health aide referred
   21         by the nurse registry; providing the duties of the
   22         nurse registry for a violation of certain laws by an
   23         individual referred by the nurse registry; requiring
   24         that certain records be kept in accordance with rules
   25         set by the Agency for Health Care Administration;
   26         providing that a nurse registry does not have an
   27         obligation to review and act upon such records except
   28         under certain circumstances; providing an effective
   29         date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (h) of subsection (2) of section
   34  400.471, Florida Statutes, is amended to read:
   35         400.471 Application for license; fee.—
   36         (2) In addition to the requirements of part II of chapter
   37  408, the initial applicant must file with the application
   38  satisfactory proof that the home health agency is in compliance
   39  with this part and applicable rules, including:
   40         (h) In the case of an application for initial licensure,
   41  documentation of accreditation, or an application for
   42  accreditation, from an accrediting organization that is
   43  recognized by the agency as having standards comparable to those
   44  required by this part and part II of chapter 408. A home health
   45  agency that is not Medicare or Medicaid certified and does not
   46  provide skilled care is exempt from this paragraph.
   47  
   48  Notwithstanding s. 408.806, an applicant that has applied for
   49  accreditation must provide proof of accreditation that is not
   50  conditional or provisional within 120 days after the date of the
   51  agency’s receipt of the application for licensure or the
   52  application shall be withdrawn from further consideration. Such
   53  accreditation must be maintained by the home health agency to
   54  maintain licensure. The agency shall accept, in lieu of its own
   55  periodic licensure survey, the submission of the survey of an
   56  accrediting organization that is recognized by the agency if the
   57  accreditation of the licensed home health agency is not
   58  provisional and if the licensed home health agency authorizes
   59  releases of, and the agency receives the report of, the
   60  accrediting organization.
   61         Section 2. Paragraph (a) of subsection (6) of section
   62  400.506, Florida Statutes, is amended, and paragraphs (d) and
   63  (e) are added to that subsection, and subsections (19) and (20)
   64  are added to that section, to read:
   65         400.506 Licensure of nurse registries; requirements;
   66  penalties.—
   67         (6)(a) A nurse registry may refer for contract in private
   68  residences registered nurses and licensed practical nurses
   69  registered and licensed under part I of chapter 464, certified
   70  nursing assistants certified under part II of chapter 464, home
   71  health aides who present documented proof of successful
   72  completion of the training required by rule of the agency, and
   73  companions or homemakers for the purposes of providing those
   74  services authorized under s. 400.509(1). A licensed nurse
   75  registry shall ensure that each certified nursing assistant
   76  referred for contract by the nurse registry and each home health
   77  aide referred for contract by the nurse registry has presented
   78  credentials demonstrating that he or she is adequately trained
   79  to perform the tasks of a home health aide in the home setting.
   80  Each person referred by a nurse registry must provide current
   81  documentation that he or she is free from communicable diseases.
   82         (d) A registered nurse, licensed practical nurse, certified
   83  nursing assistant, companion or homemaker, or home health aide
   84  referred for contract under this chapter by a nurse registry
   85  shall be deemed an independent contractor and not an employee of
   86  the nurse registry regardless of the obligations imposed on a
   87  nurse registry under this chapter or chapter 408.
   88         (e) Upon referral of a registered nurse, licensed practical
   89  nurse, certified nursing assistant, companion or homemaker, or
   90  home health aide for contract in a private residence or
   91  facility, the nurse registry shall advise the patient or the
   92  patient’s family, or any other person acting on behalf of the
   93  patient that at the time of the contract for services that the
   94  caregiver referred by the nurse registry is an independent
   95  contractor and that it is not the obligation of a nurse registry
   96  to monitor, supervise, manage, or train a caregiver referred for
   97  contract under this chapter.
   98         (19) It is not the obligation of a nurse registry to
   99  monitor, supervise, manage, or train a registered nurse,
  100  licensed practical nurse, certified nursing assistant, companion
  101  or homemaker, or home health aide referred for contract under
  102  this chapter. In the event of a violation of this chapter or a
  103  violation of any other law of this state by a referred
  104  registered nurse, licensed practical nurse, certified nursing
  105  assistant, companion or homemaker, or home health aide, or a
  106  deficiency in credentials which comes to the attention of the
  107  nurse registry, the nurse registry shall advise the patient to
  108  terminate the referred person’s contract, providing the reason
  109  for the suggested termination; cease referring the individual to
  110  other patients or facilities; and, if practice violations are
  111  involved, notify the licensing board. This section does not
  112  affect or negate any other obligations imposed on a nurse
  113  registry under chapter 408.
  114         (20) Records required under this chapter to be filed with
  115  the nurse registry as a repository of records must be kept in
  116  accordance with rules adopted by the agency, and the nurse
  117  registry has no obligation to review and act upon such records
  118  except as specified in subsection (19).
  119         Section 3. This act shall take effect July 1, 2014.