Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 776
       
       
       
       
       
       
                                Ì201438)Î201438                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2019           .                                
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       The Committee on Criminal Justice (Baxley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) of section 408.810, Florida
    6  Statutes, is amended to read:
    7         408.810 Minimum licensure requirements.—In addition to the
    8  licensure requirements specified in this part, authorizing
    9  statutes, and applicable rules, each applicant and licensee must
   10  comply with the requirements of this section in order to obtain
   11  and maintain a license.
   12         (5)(a) On or before the first day services are provided to
   13  a client, a licensee must inform the client and his or her
   14  immediate family or representative, if appropriate, of the right
   15  to report:
   16         1. Complaints. The statewide toll-free telephone number for
   17  reporting complaints to the agency must be provided to clients
   18  in a manner that is clearly legible and must include the words:
   19  “To report a complaint regarding the services you receive,
   20  please call toll-free (phone number).”
   21         2. Abusive, neglectful, or exploitative practices. The
   22  statewide toll-free telephone number for reporting complaints to
   23  the agency the central abuse hotline must be provided to clients
   24  in a manner that is clearly legible and must include the words:
   25  “To report abuse, neglect, or exploitation, please call toll
   26  free (phone number).”
   27         3. Medicaid fraud. An agency-written description of
   28  Medicaid fraud and the statewide toll-free telephone number for
   29  the central Medicaid fraud hotline must be provided to clients
   30  in a manner that is clearly legible and must include the words:
   31  “To report suspected Medicaid fraud, please call toll-free
   32  (phone number).”
   33  
   34  The agency shall publish a minimum of a 90-day advance notice of
   35  a change in the toll-free telephone numbers.
   36         (b) Each licensee shall establish appropriate policies and
   37  procedures for providing such notice to clients.
   38         (c) Each licensee shall enact a policy that requires all
   39  employees, contractors, volunteers, and interns of the licensee
   40  who witness sexual misconduct, as defined in s. 394.4593(1),
   41  involving a patient in the care of the licensee or who otherwise
   42  know or have reasonable cause to suspect that a person has
   43  engaged in sexual misconduct involving a patient in the care of
   44  the licensee to immediately report the sexual misconduct to the
   45  licensee, the statewide toll-free complaint telephone number of
   46  the department, and the appropriate local law enforcement
   47  agency. The policy shall require the employee, contractor,
   48  volunteer, or intern to prepare, to the best of his or her
   49  ability, an independent report that specifically describes the
   50  nature of the sexual misconduct, the location and time of the
   51  incident, and the persons involved in the incident. The
   52  employee, contractor, volunteer, or intern who prepares such
   53  report shall date and sign the report and provide it to the
   54  licensee.
   55         1. Failure of the licensee to enact or enforce the policy
   56  required under this paragraph is a Class II violation as
   57  established in s. 408.813.
   58         2. Any person who is required to make a report under this
   59  paragraph and who knowingly or willfully fails to do so, or who
   60  knowingly or willfully prevents another person from doing so,
   61  commits a misdemeanor of the first degree, punishable as
   62  provided in s. 775.082 or s. 775.083.
   63         3. Any person who knowingly or willfully submits
   64  inaccurate, incomplete, or untruthful information with respect
   65  to a report required under this paragraph commits a misdemeanor
   66  of the first degree, punishable as provided in s. 775.082 or s.
   67  775.083.
   68         4. Any person who knowingly or willfully coerces or
   69  threatens any other person with the intent to alter testimony or
   70  a written report regarding an incident of sexual misconduct
   71  commits a felony of the third degree, punishable as provided in
   72  s. 775.082, s. 775.083, or s. 775.084.
   73         Section 2. This act shall take effect October 1, 2019.
   74  ================= T I T L E  A M E N D M E N T ================
   75  And the title is amended as follows:
   76         Delete everything before the enacting clause
   77  and insert:
   78                        A bill to be entitled                      
   79         An act relating to sexual misconduct reporting in
   80         health care; amending s. 408.810, F.S.; requiring
   81         specified health care facilities, as a condition of
   82         maintaining licensure, to enact policies requiring
   83         employees, contractors, volunteers, and interns of
   84         such licensees to report actual or suspected sexual
   85         misconduct involving a patient to the licensee, the
   86         statewide toll-free complaint telephone number of the
   87         Agency for Healthcare Administration, and the
   88         appropriate local law enforcement agency; requiring
   89         such persons to prepare an incident report that
   90         includes specified information; providing that a
   91         violation of the reporting requirements is a class II
   92         violation, subject to an administrative fine;
   93         providing criminal penalties; providing an effective
   94         date.