Florida Senate - 2018                                     SB 284
       By Senator Book
       32-00535-18                                            2018284__
    1                        A bill to be entitled                      
    2         An act relating to nursing home and assisted living
    3         facilities; amending s. 400.19, F.S.; requiring the
    4         Agency for Health Care Administration to determine
    5         compliance with standards for electricity and
    6         emergency power sources during the routine inspection
    7         of a licensed nursing home facility; amending s.
    8         400.23, F.S.; requiring the agency, in consultation
    9         with the Department of Health and the Department of
   10         Elderly Affairs, to adopt and enforce rules requiring
   11         a licensed nursing home facility to have adequate
   12         electrical equipment, an emergency power source, and a
   13         supply of fuel which meets a specified criterion;
   14         amending s. 429.34, F.S.; requiring the agency to
   15         determine compliance with certain standards during the
   16         routine inspection of a licensed assisted living
   17         facility; amending s. 429.41, F.S.; requiring the
   18         Department of Elderly Affairs, in consultation with
   19         the agency, the Department of Children and Families,
   20         and the Department of Health, to adopt and enforce
   21         rules requiring a licensed assisted living facility to
   22         maintain equipment sufficient to provide adequate day
   23         to-day electricity within the facility, an emergency
   24         power source, and a supply of fuel which meets a
   25         specified criterion; providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Subsection (3) of section 400.19, Florida
   30  Statutes, is amended to read:
   31         400.19 Right of entry and inspection.—
   32         (3) The agency shall every 15 months conduct at least one
   33  unannounced inspection to determine compliance by the licensee
   34  with statutes, and with rules promulgated under the provisions
   35  of those statutes, governing minimum standards of construction,
   36  electricity, and emergency power sources; quality and adequacy
   37  of care;, and rights of residents. The survey shall be conducted
   38  every 6 months for the next 2-year period if the facility has
   39  been cited for a class I deficiency, has been cited for two or
   40  more class II deficiencies arising from separate surveys or
   41  investigations within a 60-day period, or has had three or more
   42  substantiated complaints within a 6-month period, each resulting
   43  in at least one class I or class II deficiency. In addition to
   44  any other fees or fines in this part, the agency shall assess a
   45  fine for each facility that is subject to the 6-month survey
   46  cycle. The fine for the 2-year period shall be $6,000, one-half
   47  to be paid at the completion of each survey. The agency may
   48  adjust this fine by the change in the Consumer Price Index,
   49  based on the 12 months immediately preceding the increase, to
   50  cover the cost of the additional surveys. The agency shall
   51  verify through subsequent inspection that any deficiency
   52  identified during inspection is corrected. However, the agency
   53  may verify the correction of a class III or class IV deficiency
   54  unrelated to resident rights or resident care without
   55  reinspecting the facility if adequate written documentation has
   56  been received from the facility, which provides assurance that
   57  the deficiency has been corrected. The giving or causing to be
   58  given of advance notice of such unannounced inspections by an
   59  employee of the agency to any unauthorized person shall
   60  constitute cause for suspension of not fewer than 5 working days
   61  according to the provisions of chapter 110.
   62         Section 2. Paragraph (d) of subsection (2) of section
   63  400.23, Florida Statutes, is amended to read:
   64         400.23 Rules; evaluation and deficiencies; licensure
   65  status.—
   66         (2) Pursuant to the intention of the Legislature, the
   67  agency, in consultation with the Department of Health and the
   68  Department of Elderly Affairs, shall adopt and enforce rules to
   69  implement this part and part II of chapter 408, which shall
   70  include reasonable and fair criteria in relation to:
   71         (d) The equipment essential to the health and welfare of
   72  the residents, including equipment sufficient to provide
   73  adequate day-to-day electricity, a fully operational emergency
   74  power source, and a supply of fuel sufficient to sustain the
   75  emergency power source for at least 5 days during a power
   76  outage.
   77         Section 3. Subsection (2) of section 429.34, Florida
   78  Statutes, is amended to read:
   79         429.34 Right of entry and inspection.—
   80         (2) The agency shall inspect each licensed assisted living
   81  facility at least once every 24 months to determine compliance
   82  by the licensee with this chapter and related rules governing
   83  minimum standards of construction, electricity, and emergency
   84  power sources; quality and adequacy of care; and resident
   85  rights. If an assisted living facility is cited for a class I
   86  violation or three or more class II violations arising from
   87  separate surveys within a 60-day period or due to unrelated
   88  circumstances during the same survey, the agency must conduct an
   89  additional licensure inspection within 6 months.
   90         Section 4. Paragraph (a) of subsection (1) of section
   91  429.41, Florida Statutes, is amended to read:
   92         429.41 Rules establishing standards.—
   93         (1) It is the intent of the Legislature that rules
   94  published and enforced pursuant to this section shall include
   95  criteria by which a reasonable and consistent quality of
   96  resident care and quality of life may be ensured and the results
   97  of such resident care may be demonstrated. Such rules shall also
   98  ensure a safe and sanitary environment that is residential and
   99  noninstitutional in design or nature. It is further intended
  100  that reasonable efforts be made to accommodate the needs and
  101  preferences of residents to enhance the quality of life in a
  102  facility. Uniform firesafety standards for assisted living
  103  facilities shall be established by the State Fire Marshal
  104  pursuant to s. 633.206. The agency, in consultation with the
  105  department, may adopt rules to administer the requirements of
  106  part II of chapter 408. In order to provide safe and sanitary
  107  facilities and the highest quality of resident care
  108  accommodating the needs and preferences of residents, the
  109  department, in consultation with the agency, the Department of
  110  Children and Families, and the Department of Health, shall adopt
  111  rules, policies, and procedures to administer this part, which
  112  must include reasonable and fair minimum standards in relation
  113  to:
  114         (a) The requirements for and maintenance of facilities, not
  115  in conflict with chapter 553, relating to electricity, plumbing,
  116  heating, cooling, lighting, ventilation, living space, and other
  117  housing conditions, which will ensure the health, safety, and
  118  comfort of residents suitable to the size of the structure.
  119         1. Firesafety evacuation capability determination.—An
  120  evacuation capability evaluation for initial licensure shall be
  121  conducted within 6 months after the date of licensure.
  122         2. Firesafety requirements.—
  123         a. The National Fire Protection Association, Life Safety
  124  Code, NFPA 101 and 101A, current editions, shall be used in
  125  determining the uniform firesafety code adopted by the State
  126  Fire Marshal for assisted living facilities, pursuant to s.
  127  633.206.
  128         b. A local government or a utility may charge fees only in
  129  an amount not to exceed the actual expenses incurred by the
  130  local government or the utility relating to the installation and
  131  maintenance of an automatic fire sprinkler system in a licensed
  132  assisted living facility structure.
  133         c. All licensed facilities must have an annual fire
  134  inspection conducted by the local fire marshal or authority
  135  having jurisdiction.
  136         d. An assisted living facility that is issued a building
  137  permit or certificate of occupancy before July 1, 2016, may at
  138  its option and after notifying the authority having
  139  jurisdiction, remain under the provisions of the 1994 and 1995
  140  editions of the National Fire Protection Association, Life
  141  Safety Code, NFPA 101, and NFPA 101A. The facility opting to
  142  remain under such provisions may make repairs, modernizations,
  143  renovations, or additions to, or rehabilitate, the facility in
  144  compliance with NFPA 101, 1994 edition, and may utilize the
  145  alternative approaches to life safety in compliance with NFPA
  146  101A, 1995 edition. However, a facility for which a building
  147  permit or certificate of occupancy is issued before July 1,
  148  2016, that undergoes Level III building alteration or
  149  rehabilitation, as defined in the Florida Building Code, or
  150  seeks to utilize features not authorized under the 1994 or 1995
  151  editions of the Life Safety Code must thereafter comply with all
  152  aspects of the uniform firesafety standards established under s.
  153  633.206, and the Florida Fire Prevention Code, in effect for
  154  assisted living facilities as adopted by the State Fire Marshal.
  155         3. Resident elopement requirements.—Facilities are required
  156  to conduct a minimum of two resident elopement prevention and
  157  response drills per year. All administrators and direct care
  158  staff must participate in the drills which shall include a
  159  review of procedures to address resident elopement. Facilities
  160  must document the implementation of the drills and ensure that
  161  the drills are conducted in a manner consistent with the
  162  facility’s resident elopement policies and procedures.
  163         4. Emergency power sources for use during power outages.
  164  Facilities are required maintain a fully operational emergency
  165  power source and a supply of fuel sufficient to sustain the
  166  emergency power source for at least 5 days during a power
  167  outage.
  168         Section 5. This act shall take effect July 1, 2018.