Florida Senate - 2017 CS for SB 474
By the Committee on Health Policy; and Senator Grimsley
588-02952A-17 2017474c1
1 A bill to be entitled
2 An act relating to hospice care; amending s.
3 400.60501, F.S.; requiring the Department of Elderly
4 Affairs, in conjunction with the Agency for Health
5 Care Administration, to adopt national hospice outcome
6 measures by a specified date and to make such measures
7 available to the public; creating s. 400.6096, F.S.;
8 authorizing certain hospice personnel to assist in the
9 disposal of certain prescribed controlled substances;
10 requiring a hospice that chooses to assist in the
11 disposal of certain prescribed controlled substances
12 to establish policies, procedures, and systems for the
13 disposal; authorizing a hospice physician, nurse, or
14 social worker to assist in the disposals of certain
15 prescribed controlled substances; providing
16 requirements for such disposals; amending s. 400.611,
17 F.S.; requiring a hospice to maintain an up-to-date
18 interdisciplinary record of care; revising the patient
19 records retention period; providing for the
20 confidentiality of the interdisciplinary record of
21 patient care; specifying to whom and under what
22 conditions a hospice may release a patient’s
23 interdisciplinary record of care; defining a term;
24 requiring a hospice to release patient statistical
25 data to certain agencies; specifying that information
26 from patient records is confidential and exempt from
27 certain provisions; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 400.60501, Florida Statutes, is amended
32 to read:
33 400.60501 Outcome measures; adoption of federal quality
34 measures; public reporting national initiatives; annual report.—
35 (1) No later than December 31, 2019 2007, the department of
36 Elderly Affairs, in conjunction with the agency for Health Care
37 Administration, shall adopt the national hospice develop outcome
38 measures in 42 C.F.R. part 418 to determine the quality and
39 effectiveness of hospice care for hospices licensed in the
40 state. At a minimum, these outcome measures shall include a
41 requirement that 50 percent of patients who report severe pain
42 on a 0-to-10 scale must report a reduction to 5 or less by the
43 end of the 4th day of care on the hospice program.
44 (2) For hospices licensed in the state, The department of
45 Elderly Affairs, in conjunction with the agency for Health Care
46 Administration, shall:
47 (a) Make available to the public the national hospice
48 outcome measures in a format that is comprehensible by a
49 layperson and that allows a consumer to compare such measures of
50 one or more hospices Consider and adopt national initiatives,
51 such as those developed by the national hospice and Palliative
52 Care Organization, to set benchmarks for measuring the quality
53 of hospice care provided in the state.
54 (b) Develop an annual report that analyzes and evaluates
55 the information collected under this act and any other data
56 collection or reporting provisions of law.
57 Section 2. Section 400.6096, Florida Statutes, is created
58 to read:
59 400.6096 Disposal of prescribed controlled substances
60 following the death of a patient in the home.—
61 (1) A hospice physician, nurse, or social worker is
62 authorized to assist in the disposal of a controlled substance
63 prescribed to a patient at the time of the patient’s death
64 pursuant to the disposal regulations in 21 C.F.R. s. 1317.
65 (2) A hospice that assists in the disposal of a prescribed
66 controlled substance found in the patient’s home at the time of
67 the patient’s death must establish a written policy, procedure,
68 or system for acceptable disposal methods.
69 (3) A hospice physician, nurse, or social worker, upon the
70 patient’s death and with the permission of a family member or a
71 caregiver of the patient, may assist in the disposal of an
72 unused controlled substance prescribed to the patient, pursuant
73 to the written policy, procedure, or system established under
74 subsection (2).
75 (4) The prescribed controlled substance disposal procedure
76 must be carried out in the patient’s home. Hospice staff and
77 volunteers are not authorized to remove a prescribed controlled
78 substance from the patient’s home.
79 Section 3. Section 400.611, Florida Statutes, is amended to
80 read:
81 400.611 Interdisciplinary records of care; confidentiality;
82 release of records.—
83 (1) A hospice shall maintain an up-to-date,
84 interdisciplinary record of care being given and patient and
85 family status shall be kept. Records shall contain pertinent
86 past and current medical, nursing, social, and other therapeutic
87 information and such other information that is necessary for the
88 safe and adequate care of the patient. Notations regarding all
89 aspects of care for the patient and family shall be made in the
90 record. When services are terminated, the record shall show the
91 date and reason for termination.
92 (2) Patient records shall be retained for a period of 5 6
93 years after termination of hospice services, unless otherwise
94 provided by law. In the case of a patient who is a minor, the 5
95 6-year period shall begin on the date the patient reaches or
96 would have reached the age of majority.
97 (3) The interdisciplinary record of patient records of care
98 and billing records are confidential.
99 (4) A hospice may not release a patient’s interdisciplinary
100 record or any portion thereof, unless the person requesting the
101 information provides to the hospice:
102 (a) A patient authorization executed by the patient; or
103 legal guardian has given express written informed consent;
104 (b) If the patient is incapacitated, a patient
105 authorization executed before the patient’s death by the
106 patient’s then acting legal guardian, health care surrogate,
107 health care proxy, or agent under power of attorney;
108 (c) A court order appointing the person as the
109 administrator, curator, executor, or personal representative of
110 the patient’s estate with authority to obtain the patient’s
111 medical records;
112 (d) If a judicial appointment has not been made pursuant to
113 paragraph (c), a last will that is self-proved under s. 732.503
114 and designates the person to act as the patient’s personal
115 representative; or
116 (e) An order by a court of competent jurisdiction to
117 release the interdisciplinary record to the person has so
118 ordered; or
119 (c) A state or federal agency, acting under its statutory
120 authority, requires submission of aggregate statistical data.
121 Any information obtained from patient records by a state agency
122 pursuant to its statutory authority is confidential and exempt
123 from the provisions of s. 119.07(1).
124 (5) For purposes of this section, the term “patient
125 authorization” means an unrevoked written statement by the
126 patient, or an oral statement made by the patient which has been
127 reduced to writing in the patient’s interdisciplinary record of
128 care, or, in the case of an incapacitated patient, by the
129 patient’s then acting legal guardian, health care surrogate,
130 agent under a power of attorney, or health care proxy giving the
131 patient’s permission to release the interdisciplinary record to
132 a person requesting the record.
133 (6) A hospice must release requested aggregate patient
134 statistical data to a state or federal agency acting under its
135 statutory authority. Any information obtained from patient
136 records by a state agency pursuant to its statutory authority is
137 confidential and exempt from s. 119.07(1).
138 Section 4. This act shall take effect July 1, 2017.