Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì417868^Î417868
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/18/2017 .
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The Committee on Children, Families, and Elder Affairs
(Grimsley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 38 - 107
4 and insert:
5 measures and survey data in 42 C.F.R. part 418 to determine the
6 quality and effectiveness of hospice care for hospices licensed
7 in the state. At a minimum, these outcome measures shall include
8 a requirement that 50 percent of patients who report severe pain
9 on a 0-to-10 scale must report a reduction to 5 or less by the
10 end of the 4th day of care on the hospice program.
11 (2) For hospices licensed in the state, The department of
12 Elderly Affairs, in conjunction with the agency for Health Care
13 Administration, shall:
14 (a) Make available to the public the national hospice
15 outcome measures and survey data in a format that is
16 comprehensible by a layperson and that allows a consumer to
17 compare such measures of one or more hospices Consider and adopt
18 national initiatives, such as those developed by the national
19 hospice and Palliative Care Organization, to set benchmarks for
20 measuring the quality of hospice care provided in the state.
21 (b) Develop an annual report that analyzes and evaluates
22 the information collected under this act and any other data
23 collection or reporting provisions of law.
24 Section 2. Section 400.6096, Florida Statutes, is created
25 to read:
26 400.6096 Disposal of prescribed controlled substances
27 following the death of a patient in the home.—
28 (1) A hospice physician, nurse, or social worker is
29 authorized to assist in the disposal of a controlled substance
30 prescribed to a patient at the time of the patient’s death
31 pursuant to the disposal regulations in 21 C.F.R. s. 1317.
32 (2) A hospice that assists in the disposal of a prescribed
33 controlled substance found in the patient’s home at the time of
34 the patient’s death must establish a written policy, procedure,
35 or system for acceptable disposal methods.
36 (3) A hospice physician, nurse, or social worker, upon the
37 patient’s death and with the permission of a family member or a
38 caregiver of the patient, may assist in the disposal of an
39 unused controlled substance prescribed to the patient, pursuant
40 to the written policy, procedure, or system established under
41 subsection (2).
42 (4) The prescribed controlled substance disposal procedure
43 must be carried out in the patient’s home. Hospice staff and
44 volunteers are not authorized to remove a prescribed controlled
45 substance from the patient’s home.
46 Section 3. Section 400.611, Florida Statutes, is amended to
47 read:
48 400.611 Interdisciplinary records of care; confidentiality;
49 release of records.—
50 (1) A hospice shall maintain an up-to-date,
51 interdisciplinary record of care being given and patient and
52 family status shall be kept. Records shall contain pertinent
53 past and current medical, nursing, social, and other therapeutic
54 information and such other information that is necessary for the
55 safe and adequate care of the patient. Notations regarding all
56 aspects of care for the patient and family shall be made in the
57 record. When services are terminated, the record shall show the
58 date and reason for termination.
59 (2) Patient records shall be retained for a period of 6 5
60 years after termination of hospice services, unless otherwise
61 provided by law. In the case of a patient who is a minor, the 6
62 year 5-year period shall begin on the date the patient reaches
63 or would have reached the age of majority.
64 (3) The interdisciplinary record of patient records of care
65 and billing records are confidential.
66 (4) A hospice may not release a patient’s interdisciplinary
67 record or any portion thereof, unless the person requesting the
68 information provides to the hospice:
69 (a) A patient authorization executed by the patient; or
70 legal guardian has given express written informed consent;
71 (b) In the case of an incapacitated patient, a patient
72 authorization executed prior to the patient’s death by the
73 patient’s then acting legal guardian, health care surrogate as
74 defined in s. 765.101(21), health care proxy as defined in s.
75 765.101(19), or agent under power of attorney;
76
77 ================= T I T L E A M E N D M E N T ================
78 And the title is amended as follows:
79 Delete line 6
80 and insert:
81 measures and survey data by a specified date and to
82 make such measures