Florida Senate - 2023                       CS for CS for SB 452
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Health and Human Services; and Senators Harrell and Avila
       
       
       
       
       594-03816-23                                           2023452c2
    1                        A bill to be entitled                      
    2         An act relating to home health aides for medically
    3         fragile children; amending s. 400.462, F.S.; defining
    4         terms; amending s. 400.464, F.S.; requiring home
    5         health agencies to ensure that any delegation of tasks
    6         to home health aides for medically fragile children
    7         meets specified requirements; amending s. 400.476,
    8         F.S.; requiring home health agencies to ensure that
    9         home health aides for medically fragile children
   10         employed by or under contract with the home health
   11         agency are adequately trained to perform the tasks
   12         that will be delegated to them; exempting certain
   13         individuals from costs associated with specified
   14         training; creating s. 400.4765, F.S.; establishing the
   15         home health aides for medically fragile children
   16         program for specified purposes; requiring the Agency
   17         for Health Care Administration, in consultation with
   18         the Board of Nursing, to approve training programs for
   19         home health aides for medically fragile children;
   20         specifying minimum requirements for the training
   21         programs; authorizing home health agencies to employ
   22         certain persons as home health aides for medically
   23         fragile children if they meet specified criteria;
   24         requiring home health aides for medically fragile
   25         children to complete an approved training program
   26         again under certain circumstances; requiring home
   27         health aides for medically fragile children to
   28         complete additional training in HIV/AIDS and maintain
   29         a current certificate in cardiopulmonary
   30         resuscitation; requiring home health agencies to
   31         ensure that home health aides for medically fragile
   32         children whom they employ complete certain inservice
   33         training during each 12-month period as a condition of
   34         employment; providing that certain training may count
   35         toward meeting the inservice training requirement;
   36         requiring home health agencies to maintain
   37         documentation demonstrating compliance with such
   38         training requirements; exempting home health agencies
   39         from civil and monetary liability for terminating or
   40         denying employment to a home health aide for medically
   41         fragile children under certain circumstances;
   42         extending the exemption to certain agents of the home
   43         health agencies; prohibiting home health agencies and
   44         their agents from using certain criminal records or
   45         juvenile records other than for a specified purpose;
   46         requiring the agency to maintain the confidentiality
   47         of certain confidential and exempt records; providing
   48         that services provided by a home health aide for
   49         medically fragile children reduce an eligible
   50         relative’s private duty nursing hours; providing that
   51         such services may not be provided concurrently;
   52         authorizing the agency, in consultation with the
   53         board, to adopt rules; amending s. 400.489, F.S.;
   54         authorizing home health aides for medically fragile
   55         children to administer certain medications under
   56         certain circumstances; requiring such home health
   57         aides for medically fragile children to complete
   58         additional inservice training annually to continue
   59         administering such medications; requiring the agency,
   60         in consultation with the board, to establish certain
   61         standards and procedures by rule for home health aides
   62         for medically fragile children who administer
   63         medications to patients; amending s. 400.490, F.S.;
   64         authorizing home health aides for medically fragile
   65         children to perform certain tasks delegated by a
   66         registered nurse; creating s. 400.54, F.S.; requiring
   67         the agency to conduct an annual assessment of the home
   68         health aides for medically fragile children program;
   69         specifying requirements for the assessment; requiring
   70         the agency to annually submit a report to the Governor
   71         and the Legislature by a specified date, beginning on
   72         a specified date; directing the agency to modify any
   73         state Medicaid plans and implement any federal waivers
   74         necessary to implement the act; directing the agency
   75         to establish a certain Medicaid fee schedule at a
   76         specified rate and subject to a specified utilization
   77         cap; amending ss. 768.38 and 768.381, F.S.; conforming
   78         cross-references; providing appropriations and
   79         authorizing positions; providing an effective date.
   80          
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. Present subsections (5) through (10), (11),
   84  (12), (13), (14), and (15) through (29) of section 400.462,
   85  Florida Statutes, are redesignated as subsections (6) through
   86  (11), (13), (15), (16), (17), and (19) through (33),
   87  respectively, new subsections (5), (12), (14), and (18) are
   88  added to that section, and subsection (1) and present subsection
   89  (10) of that section are amended, to read:
   90         400.462 Definitions.—As used in this part, the term:
   91         (1) “Administrator” means a direct employee, as defined in
   92  subsection (10) (9), who is a licensed physician, physician
   93  assistant, or registered nurse licensed to practice in this
   94  state or an individual having at least 1 year of supervisory or
   95  administrative experience in home health care or in a facility
   96  licensed under chapter 395, under part II of this chapter, or
   97  under part I of chapter 429.
   98         (5) “Approved training program” means a course of training
   99  approved by the agency, in consultation with the Board of
  100  Nursing, under s. 400.4765 to train family caregivers as home
  101  health aides for medically fragile children.
  102         (11)(10) “Director of nursing” means a registered nurse who
  103  is a direct employee, as defined in subsection (10) (9), of the
  104  agency and who is a graduate of an approved school of nursing
  105  and is licensed in this state; who has at least 1 year of
  106  supervisory experience as a registered nurse; and who is
  107  responsible for overseeing the professional nursing and home
  108  health aid delivery of services of the agency.
  109         (12)“Eligible relative” means, with respect to the home
  110  health aide for medically fragile children program under s.
  111  400.4765, a person 21 years of age or younger who is eligible to
  112  receive continuous skilled nursing or skilled nursing respite
  113  care services under the Medicaid program and is a relative of a
  114  home health aide for medically fragile children.
  115         (14)“Family caregiver” means a person providing or
  116  intending to provide significant personal care and assistance to
  117  an eligible relative 21 years of age or younger who has an
  118  underlying physical or cognitive condition that prevents him or
  119  her from safely living independently.
  120         (18)“Home health aide for medically fragile children”
  121  means a family caregiver who meets the qualifications specified
  122  in s. 400.4765; performs tasks delegated to him or her under
  123  chapter 464 while caring for an eligible relative; and provides
  124  care and assistance to an eligible relative relating to:
  125         (a)Activities of daily living, such as those associated
  126  with personal care, maintaining mobility, nutrition and
  127  hydration, toileting and elimination, assistive devices, and
  128  safety and cleanliness.
  129         (b)Data gathering.
  130         (c)Reporting abnormal signs and symptoms.
  131         (d)Patient socialization and reality orientation.
  132         (e)Cardiopulmonary resuscitation and emergency care.
  133         (f)Residents’ or patients’ rights.
  134         (g)Documentation of services.
  135         (h)End-of-life care.
  136         (i)Postmortem care.
  137         (j)Infection control.
  138         (k) Safety and emergency procedures.
  139         (l) Hygiene, grooming, and toileting.
  140         (m) Skin care and pressure sore prevention.
  141         (n) Nutrition and hydration.
  142         (o) Wound care.
  143         (p) Portable oxygen use and safety and other respiratory
  144  procedures.
  145         (q) Tracheostomy care.
  146         (r) Enteral care and therapy.
  147         (s) Peripheral intravenous assistive activities and
  148  alternative feeding methods.
  149         (t) Tasks delegated to the family caregiver under chapter
  150  464.
  151         Section 2. Subsection (5) of section 400.464, Florida
  152  Statutes, is amended to read:
  153         400.464 Home health agencies to be licensed; expiration of
  154  license; exemptions; unlawful acts; penalties.—
  155         (5) If a licensed home health agency authorizes a
  156  registered nurse to delegate tasks, including medication
  157  administration, to a certified nursing assistant pursuant to
  158  chapter 464 or to a home health aide or a home health aide for
  159  medically fragile children pursuant to s. 400.490, the licensed
  160  home health agency must ensure that such delegation meets the
  161  requirements of this chapter and chapter 464 and the rules
  162  adopted thereunder.
  163         Section 3. Subsection (3) of section 400.476, Florida
  164  Statutes, is amended to read:
  165         400.476 Staffing requirements; notifications; limitations
  166  on staffing services.—
  167         (3) TRAINING.—A home health agency shall ensure that each
  168  certified nursing assistant employed by or under contract with
  169  the home health agency and each home health aide and home health
  170  aide for medically fragile children employed by or under
  171  contract with the home health agency is adequately trained to
  172  perform the tasks of a home health aide in the home setting. A
  173  parent, guardian, or family member who seeks the training
  174  required under s. 464.4765 to become a home health aide for
  175  medically fragile children may not be required to repay or
  176  reimburse the home health agency for the costs associated with
  177  the training program.
  178         Section 4. Section 400.4765, Florida Statutes, is created
  179  to read:
  180         400.4765 Home health aides for medically fragile children
  181  program.—The home health aides for medically fragile children
  182  program is hereby established in response to the shortage of
  183  health care workers in this state and the impact that the
  184  shortage has on medically fragile children and their caregivers.
  185  The program is designed to decrease hospitalization and
  186  institutionalization of medically fragile children, reduce state
  187  expenditures, and provide an opportunity for affected family
  188  caregivers to receive training and gainful employment.
  189         (1)The agency, in consultation with the Board of Nursing,
  190  shall approve a training program created by a home health agency
  191  in accordance with 42 C.F.R. ss. 483.151-483.154 and 484.80 to
  192  train family caregivers as home health aides for medically
  193  fragile children to increase the health care workforce in this
  194  state and to authorize persons to provide trained nursing
  195  services to eligible relatives. The program must consist of at
  196  least 85 hours of training, including, but not limited to, all
  197  of the following:
  198         (a)A minimum of 40 hours of theoretical instruction in
  199  nursing, including, but not limited to, instruction on all of
  200  the following:
  201         1.Person-centered care.
  202         2.Communication and interpersonal skills.
  203         3.Infection control.
  204         4.Safety and emergency procedures.
  205         5.Assistance with activities of daily living.
  206         6.Mental health and social service needs.
  207         7.Care of cognitively impaired individuals.
  208         8.Basic restorative care and rehabilitation.
  209         9.Patient rights and confidentiality of personal
  210  information and medical records.
  211         10.Relevant legal and ethical issues.
  212  
  213  Such instruction must be offered in various formats, and any
  214  interactive instruction must be provided during various times of
  215  the day.
  216         (b)A minimum of 20 hours of skills training on basic
  217  nursing skills, including, but not limited to:
  218         1.Hygiene, grooming, and toileting.
  219         2.Skin care and pressure sore prevention.
  220         3.Nutrition and hydration.
  221         4.Measuring vital signs, height, and weight.
  222         5.Safe lifting, positioning, and moving of patients.
  223         6.Wound care.
  224         7.Portable oxygen use and safety and other respiratory
  225  procedures.
  226         8.Tracheostomy care.
  227         9.Enteral care and therapy.
  228         10.Peripheral intravenous assistive activities and
  229  alternative feeding methods.
  230         11.Urinary catheterization and ostomy care.
  231         (c)At least 16 hours of clinical training under direct
  232  supervision of a licensed registered nurse.
  233         (2)A home health agency may employ as a home health aide
  234  for medically fragile children any person 18 years of age or
  235  older who meets all of the following criteria:
  236         (a)Is a family caregiver of an eligible relative who is 21
  237  years of age or younger and is eligible to receive continuous
  238  skilled nursing or skilled nursing respite care services under
  239  the Medicaid program.
  240         (b)Demonstrates a minimum competency to read and write.
  241         (c)Completes a training program approved under this
  242  section or has graduated from an accredited school of nursing
  243  and has not yet taken the state exam for licensure in this
  244  state.
  245         (d)Successfully passes the required background screening
  246  pursuant to s. 400.512. If the person has successfully passed
  247  the required background screening pursuant to s. 400.512 or s.
  248  408.809 within 90 days before applying for a certificate to
  249  practice and the person’s background screening results are not
  250  retained in the clearinghouse created under s. 435.12, the
  251  agency must waive the requirement that the applicant
  252  successfully pass an additional background screening pursuant to
  253  s. 400.512.
  254         (3)If a home health aide for medically fragile children
  255  allows 24 consecutive months to pass without performing any
  256  nursing-related services for an eligible relative, the family
  257  caregiver must again complete an approved training program
  258  before serving as a home health aide for medically fragile
  259  children.
  260         (4)All home health aides for medically fragile children
  261  must complete an HIV/AIDS training course and are required to
  262  obtain and maintain a current certificate in cardiopulmonary
  263  resuscitation.
  264         (5)A home health agency that employs a home health aide
  265  for medically fragile children must ensure that the aide
  266  completes 12 hours of inservice training during each 12-month
  267  period as a condition of employment. The HIV/AIDS training and
  268  cardiopulmonary training required under subsection (4) may count
  269  toward meeting the 12 hours of inservice training. The home
  270  health agency shall maintain documentation demonstrating
  271  compliance with this subsection.
  272         (6)If a home health agency terminates or denies employment
  273  to a home health aide for medically fragile children who fails
  274  to maintain the requirements of this section or whose name
  275  appears on a criminal screening report of the Department of Law
  276  Enforcement, the home health agency is not civilly liable for
  277  such termination and a cause of action may not be brought
  278  against the home health agency for damages. There may not be any
  279  monetary liability on the part of, and a cause of action for
  280  damages may not arise against, any licensed facility or its
  281  governing board or members thereof, medical staff, disciplinary
  282  board, agents, investigators, witnesses, employees, or any other
  283  person for any action taken in good faith, without intentional
  284  fraud, to comply with this section.
  285         (7)A home health agency, or an agent thereof, may not use
  286  criminal records or juvenile records relating to vulnerable
  287  adults for any purpose other than determining if the person
  288  meets the requirements of this section. The agency shall
  289  maintain the confidentiality of any such records and information
  290  it obtains which are confidential and exempt from s. 119.07(1)
  291  and s. 24(a), Art. I of the State Constitution.
  292         (8)The provision of services by a home health aide for
  293  medically fragile children reduces the eligible relative’s
  294  private duty nursing service hours covered by the Medicaid
  295  program and may not be provided concurrently with any private
  296  duty nursing services.
  297         (9)The agency, in consultation with the Board of Nursing,
  298  may adopt rules to implement this section.
  299         Section 5. Section 400.489, Florida Statutes, is amended to
  300  read:
  301         400.489 Administration of medication by a home health aide
  302  or home health aide for medically fragile children; staff
  303  training requirements.—
  304         (1) A home health aide or home health aide for medically
  305  fragile children may administer oral, transdermal, ophthalmic,
  306  otic, rectal, inhaled, enteral, or topical prescription
  307  medications if the home health aide or home health aide for
  308  medically fragile children has been delegated such task by a
  309  registered nurse licensed under chapter 464, has satisfactorily
  310  completed an initial 6-hour training course approved by the
  311  agency, and has been found competent to administer medication to
  312  a patient in a safe and sanitary manner. The training,
  313  determination of competency, and initial and annual validations
  314  required in this section shall be conducted by a registered
  315  nurse licensed under chapter 464 or a physician licensed under
  316  chapter 458 or chapter 459.
  317         (2) A Home health aides and home health aides for medically
  318  fragile children aide must annually and satisfactorily complete
  319  a 2-hour inservice training course approved by the agency in
  320  medication administration and medication error prevention. The
  321  inservice training course is shall be in addition to the annual
  322  inservice training hours required by agency rules.
  323         (3) The agency, in consultation with the Board of Nursing,
  324  shall establish by rule standards and procedures that a home
  325  health aide and home health aide for medically fragile children
  326  must follow when administering medication to a patient. Such
  327  rules must, at a minimum, address qualification requirements for
  328  trainers, requirements for labeling medication, documentation
  329  and recordkeeping, the storage and disposal of medication,
  330  instructions concerning the safe administration of medication,
  331  informed-consent requirements and records, and the training
  332  curriculum and validation procedures.
  333         Section 6. Section 400.490, Florida Statutes, is amended to
  334  read:
  335         400.490 Nurse-delegated tasks.—A certified nursing
  336  assistant, or home health aide, or home health aide for
  337  medically fragile children may perform any task delegated by a
  338  registered nurse as authorized in this part and in chapter 464,
  339  including, but not limited to, medication administration.
  340         Section 7. Section 400.54, Florida Statutes, is created to
  341  read:
  342         400.54 Annual assessment of home health aides for medically
  343  fragile children program.—The agency shall conduct an annual
  344  assessment of the home health aides for medically fragile
  345  children program established under s. 400.4765. The assessment
  346  must report caregiver satisfaction with the program, identify
  347  additional supports that may be needed by home health aides for
  348  medically fragile children, and assess the rate and extent of
  349  hospitalization of children in home health services who are
  350  attended by a home health aide for medically fragile children
  351  compared to those in home health services without a home health
  352  aide for medically fragile children. By January 1 of each year,
  353  beginning January 1, 2025, the agency shall report its findings
  354  to the Governor, the President of the Senate, and the Speaker of
  355  the House of Representatives.
  356         Section 8. The Agency for Health Care Administration shall
  357  modify any state Medicaid plans and implement any federal
  358  waivers necessary to implement this act. The agency shall
  359  establish a Medicaid fee schedule for home health agencies
  360  employing a home health aide for medically fragile children at
  361  $25 per hour with a utilization cap of no more than 8 hours per
  362  day.
  363         Section 9. Paragraph (e) of subsection (2) of section
  364  768.38, Florida Statutes, is amended to read:
  365         768.38 Liability protections for COVID-19-related claims.—
  366         (2) As used in this section, the term:
  367         (e) “Health care provider” means:
  368         1. A provider as defined in s. 408.803.
  369         2. A clinical laboratory providing services in this state
  370  or services to health care providers in this state, if the
  371  clinical laboratory is certified by the Centers for Medicare and
  372  Medicaid Services under the federal Clinical Laboratory
  373  Improvement Amendments and the federal rules adopted thereunder.
  374         3. A federally qualified health center as defined in 42
  375  U.S.C. s. 1396d(l)(2)(B), as that definition exists on the
  376  effective date of this act.
  377         4. Any site providing health care services which was
  378  established for the purpose of responding to the COVID-19
  379  pandemic pursuant to any federal or state order, declaration, or
  380  waiver.
  381         5. A health care practitioner as defined in s. 456.001.
  382         6. A health care professional licensed under part IV of
  383  chapter 468.
  384         7. A home health aide as defined in s. 400.462 s.
  385  400.462(15).
  386         8. A provider licensed under chapter 394 or chapter 397 and
  387  its clinical and nonclinical staff providing inpatient or
  388  outpatient services.
  389         9. A continuing care facility licensed under chapter 651.
  390         10. A pharmacy permitted under chapter 465.
  391         Section 10. Paragraph (f) of subsection (1) of section
  392  768.381, Florida Statutes, is amended to read:
  393         768.381 COVID-19-related claims against health care
  394  providers.—
  395         (1) DEFINITIONS.—As used in this section, the term:
  396         (f) “Health care provider” means any of the following:
  397         1. A provider as defined in s. 408.803.
  398         2. A clinical laboratory providing services in this state
  399  or services to health care providers in this state, if the
  400  clinical laboratory is certified by the Centers for Medicare and
  401  Medicaid Services under the federal Clinical Laboratory
  402  Improvement Amendments and the federal rules adopted thereunder.
  403         3. A federally qualified health center as defined in 42
  404  U.S.C. s. 1396d(l)(2)(B), as that definition existed on the
  405  effective date of this act.
  406         4. Any site providing health care services which was
  407  established for the purpose of responding to the COVID-19
  408  pandemic pursuant to any federal or state order, declaration, or
  409  waiver.
  410         5. A health care practitioner as defined in s. 456.001.
  411         6. A health care professional licensed under part IV of
  412  chapter 468.
  413         7. A home health aide as defined in s. 400.462 s.
  414  400.462(15).
  415         8. A provider licensed under chapter 394 or chapter 397 and
  416  its clinical and nonclinical staff providing inpatient or
  417  outpatient services.
  418         9. A continuing care facility licensed under chapter 651.
  419         10. A pharmacy permitted under chapter 465.
  420         Section 11. For the 2023-2024 fiscal year, four full-time
  421  equivalent positions with associated salary rate of 186,483 are
  422  authorized, and the sums of $353,589 in recurring funds and
  423  $118,728 in nonrecurring funds are appropriated from the Health
  424  Care Trust Fund to the Agency for Health Care Administration,
  425  for the purpose of implementing this act.
  426         Section 12. This act shall take effect upon becoming a law.