Florida Senate - 2020 CS for SB 1344
By the Committee on Appropriations; and Senator Harrell
576-04559-20 20201344c1
1 A bill to be entitled
2 An act relating to intermediate care facilities;
3 amending s. 400.962, F.S.; requiring certain
4 facilities that have been granted a certificate-of
5 need exemption to demonstrate and maintain compliance
6 with specified criteria; amending s. 408.036, F.S.;
7 providing an exemption from a certificate-of-need
8 requirement for certain intermediate care facilities;
9 limiting the number of such exemptions the Agency for
10 Health Care Administration may grant; providing that a
11 specific legislative appropriation is not required for
12 the exemption; providing timeframes and a monitoring
13 process for the exemptions granted by the agency;
14 providing for future legislative review and repeal of
15 the exemption; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (6) is added to section 400.962,
20 Florida Statutes, to read:
21 400.962 License required; license application.—
22 (6) An applicant that has been granted a certificate-of
23 need exemption under s. 408.036(3)(o) must also demonstrate and
24 maintain compliance with the following criteria:
25 (a) The total number of beds per home within the facility
26 may not exceed eight, with each resident having his or her own
27 bedroom and bathroom. Each eight-bed home must be colocated on
28 the same property with two other eight-bed homes and must serve
29 individuals with severe maladaptive behaviors and co-occurring
30 psychiatric diagnoses.
31 (b) A minimum of 16 beds within the facility must be
32 designated for individuals with severe maladaptive behaviors who
33 have been assessed using the Agency for Persons with
34 Disabilities’ Global Behavioral Service Need Matrix with a score
35 of at least Level 4 and up to Level 6, or assessed using the
36 criteria deemed appropriate by the Agency for Health Care
37 Administration regarding the need for a specialized placement in
38 an intermediate care facility for the developmentally disabled.
39 (c) The applicant has not had a facility license denied,
40 revoked, or suspended within the 36 months preceding the request
41 for exemption.
42 (d) The applicant must have at least 10 years of experience
43 serving individuals with severe maladaptive behaviors in the
44 state.
45 (e) The applicant must implement a state-approved staff
46 training curriculum and monitoring requirements specific to the
47 individuals whose behaviors require higher intensity, frequency,
48 and duration of services.
49 (f) The applicant must make available medical and nursing
50 services 24 hours per day, 7 days per week.
51 (g) The applicant must demonstrate a history of using
52 interventions that are least restrictive and that follow a
53 behavioral hierarchy.
54 (h) The applicant must maintain a policy prohibiting the
55 use of mechanical restraints.
56 Section 2. Paragraph (o) is added to subsection (3) of
57 section 408.036, Florida Statutes, to read:
58 408.036 Projects subject to review; exemptions.—
59 (3) EXEMPTIONS.—Upon request, the following projects are
60 subject to exemption from subsection (1):
61 (o) For a new intermediate care facility for the
62 developmentally disabled as defined in s. 408.032 which has a
63 total of 24 beds, comprising three eight-bed homes, for use by
64 individuals exhibiting severe maladaptive behaviors and co
65 occurring psychiatric diagnoses requiring increased levels of
66 behavioral, medical, and therapeutic oversight. The applicant
67 must not have had a license denied, revoked, or suspended within
68 the 36 months preceding the request for exemption and must have
69 at least 10 years of experience serving individuals with severe
70 maladaptive behaviors in this state. The agency may grant no
71 more than three exemptions under this paragraph.
72 1. The exemption under this paragraph does not require a
73 specific legislative appropriation.
74 2. An exemption under this paragraph shall terminate 18
75 months after the date of issuance unless the exemption holder
76 has commenced construction. The agency shall monitor the
77 progress of the holder of the certificate of exemption in
78 meeting the timetable for project development specified in the
79 application for exemption. The agency shall extend the time
80 period for a project if the exemption holder demonstrates to the
81 satisfaction of the agency that good-faith commencement of the
82 project is being delayed by litigation or by governmental action
83 or inaction with respect to regulations or permitting precluding
84 commencement of the project.
85 3. This paragraph and subsection (6) of s. 400.962 are
86 repealed July 1, 2022, unless reviewed and saved from repeal by
87 the Legislature.
88 Section 3. This act shall take effect July 1, 2020.