Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 890
Ì185632(Î185632
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/15/2025 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Appropriations Committee on Health and Human Services
(Yarborough) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Emily Adkins
6 Family Protection Act.”
7 Section 2. Subsection (1) of section 385.102, Florida
8 Statutes, is amended to read:
9 385.102 Legislative intent.—It is the finding of the
10 Legislature that:
11 (1) Chronic diseases exist in high proportions among the
12 people of this state. These chronic diseases include, but are
13 not limited to, heart disease, hypertension, diabetes, renal
14 disease, chronic obstructive pulmonary disease, cancer, chronic
15 critical illness, and genetic predisposition for developing
16 venous thromboembolisms chronic obstructive lung disease. These
17 diseases are often interrelated, and they directly and
18 indirectly account for a high rate of death and illness.
19 Section 3. Subsection (5) is added to section 395.1012,
20 Florida Statutes, to read:
21 395.1012 Patient safety.—
22 (5) Each hospital with an emergency department and each
23 ambulatory surgical center must:
24 (a) Develop and implement policies and procedures for the
25 rendering of appropriate medical attention for persons at risk
26 of forming venous thromboembolisms which reflect evidence-based
27 best practices relating to, at a minimum:
28 1. Assessing patients for risk of venous thromboembolism
29 using a nationally recognized risk assessment tool.
30 2. Treatment options for a patient diagnosed with venous
31 thromboembolism.
32 (b) Train all nonphysician personnel at least annually on
33 the policies and procedures developed under this subsection. For
34 purposes of this subsection, “nonphysician personnel” means all
35 personnel of the licensed facility working in clinical areas and
36 providing patient care, except those persons licensed as health
37 care practitioners.
38 Section 4. Section 395.3042, Florida Statutes, is created
39 to read:
40 395.3042 Statewide venous thromboembolism registry.—
41 (1)(a) The agency shall contract with a private entity,
42 that meets all of the conditions of paragraph (b), to establish
43 and maintain, at no cost to the state, a statewide venous
44 thromboembolism registry to ensure that the performance measures
45 required to be submitted under subsection (2) are maintained and
46 available for use to improve or modify the venous
47 thromboembolism care system, ensure compliance with nationally
48 recognized guidelines, and monitor venous thromboembolism
49 patient outcomes.
50 (b) The private entity must:
51 1. Be a not-for-profit corporation qualified as tax-exempt
52 under s. 501(c)(3) of the Internal Revenue Code.
53 2. Have existed for at least 15 consecutive years with a
54 mission of advancing the prevention, early diagnosis, and
55 successful treatment of blood clots.
56 3. Have experience operating a medical registry with at
57 least 25,000 participants.
58 4. Have experience in providing continuing education on
59 venous thromboembolism to medical professionals.
60 5. Have sponsored a public health education campaign on
61 venous thromboembolism.
62 6. Be affiliated with a medical and scientific advisory
63 board.
64 (2) Beginning July 1, 2026, each hospital with an emergency
65 department and each ambulatory surgical center shall regularly
66 report to the statewide venous thromboembolism registry
67 information containing nationally recognized venous
68 thromboembolism measures and data on the incidence and
69 prevalence of venous thromboembolisms. Such data must include
70 the following information:
71 (a) The number of venous thromboembolisms identified and
72 diagnosed.
73 (b) The age of the patient.
74 (c) The zip code of the patient.
75 (d) The sex of the patient.
76 (e) Whether the patient is a resident of a licensed nursing
77 home or assisted living facility.
78 (f) Whether the venous thromboembolism was fatal.
79 (g) How the diagnosis was made, such as by using imaging
80 modalities.
81 (h) The treatment that was recommended for the venous
82 thromboembolism.
83 (3) The agency shall require the contracted private entity
84 to use a nationally recognized platform to collect data from
85 each hospital with an emergency department and each ambulatory
86 surgical center on the performance measures required under
87 subsection (2). The contracted private entity shall provide
88 regular reports to the agency on the data collected.
89 (4) By March 1, 2026, the agency must submit to the
90 Governor, the President of the Senate, and the Speaker of the
91 House of Representatives a detailed report on the incidence of
92 venous thromboembolism using inpatient, outpatient, and
93 ambulatory surgical center data for services provided between
94 July 1, 2024, and July 1, 2025. The report shall provide
95 analyses of all of the following:
96 (a) Age category, initial primary diagnosis and procedure,
97 and secondary diagnoses, readmission rates for inpatients,
98 admission rates for venous thromboembolism for which the patient
99 had an ambulatory surgery procedure, and emergency department
100 visits for venous thromboembolism linked to any previous
101 admission.
102 (b) Whether the venous thromboembolism was present upon
103 admission.
104 (c) The incidence of venous thromboembolism procedures
105 reported on the agency’s Florida Health Finder website.
106 (d) The principal payor, the sex of the patient, and the
107 patient’s discharge status.
108 (5) The contracted private entity operating the registry
109 may only use or publish information from the registry for the
110 purposes of advancing medical research or medical education in
111 the interest of reducing morbidity or mortality.
112 Section 5. Subsection (4) and paragraph (a) of subsection
113 (5) of section 400.211, Florida Statutes, are amended to read:
114 400.211 Persons employed as nursing assistants;
115 certification requirement; qualified medication aide designation
116 and requirements.—
117 (4) When employed by a nursing home facility for a 12-month
118 period or longer, a nursing assistant, to maintain
119 certification, shall submit to a performance review every 12
120 months and must receive regular inservice education based on the
121 outcome of such reviews. The inservice training must:
122 (a) Be sufficient to ensure the continuing competence of
123 nursing assistants and must meet the standard specified in s.
124 464.203(7);
125 (b) Include, at a minimum:
126 1. Techniques for assisting with eating and proper feeding;
127 2. Principles of adequate nutrition and hydration;
128 3. Techniques for assisting and responding to the
129 cognitively impaired resident or the resident with difficult
130 behaviors;
131 4. Techniques for caring for the resident at the end-of
132 life; and
133 5. Recognizing changes that place a resident at risk for
134 pressure ulcers and falls; and
135 6. Recognizing signs and symptoms of venous thromboembolism
136 and techniques for providing an emergency response; and
137 (c) Address areas of weakness as determined in nursing
138 assistant performance reviews and may address the special needs
139 of residents as determined by the nursing home facility staff.
140
141 Costs associated with this training may not be reimbursed from
142 additional Medicaid funding through interim rate adjustments.
143 (5) A nursing home, in accordance with chapter 464 and
144 rules adopted pursuant to this section, may authorize a
145 registered nurse to delegate tasks, including medication
146 administration, to a certified nursing assistant who meets the
147 requirements of this subsection.
148 (a) In addition to the initial 6-hour training course and
149 determination of competency required under s. 464.2035, to be
150 eligible to administer medication to a resident of a nursing
151 home facility, a certified nursing assistant must:
152 1. Hold a clear and active certification from the
153 Department of Health for a minimum of 1 year immediately
154 preceding the delegation;
155 2. Complete an additional 34-hour training course approved
156 by the Board of Nursing in medication administration and
157 associated tasks, including, but not limited to, blood glucose
158 level checks, dialing oxygen flow meters to prescribed settings,
159 and assisting with continuous positive airway pressure devices,
160 and identification of signs and symptoms of venous
161 thromboembolism and how to assist with a response protocol; and
162 3. Demonstrate clinical competency by successfully
163 completing a supervised clinical practice in medication
164 administration and associated tasks conducted in the facility.
165 Section 6. Paragraph (g) of subsection (1) of section
166 429.41, Florida Statutes, is amended to read:
167 429.41 Rules establishing standards.—
168 (1) It is the intent of the Legislature that rules
169 published and enforced pursuant to this section shall include
170 criteria by which a reasonable and consistent quality of
171 resident care and quality of life may be ensured and the results
172 of such resident care may be demonstrated. Such rules shall also
173 promote a safe and sanitary environment that is residential and
174 noninstitutional in design or nature and may allow for
175 technological advances in the provision of care, safety, and
176 security, including the use of devices, equipment, and other
177 security measures related to wander management, emergency
178 response, staff risk management, and the general safety and
179 security of residents, staff, and the facility. It is further
180 intended that reasonable efforts be made to accommodate the
181 needs and preferences of residents to enhance the quality of
182 life in a facility. The agency, in consultation with the
183 Department of Children and Families and the Department of
184 Health, shall adopt rules to administer this part, which must
185 include reasonable and fair minimum standards in relation to:
186 (g) The care of residents provided by the facility, which
187 must include:
188 1. The supervision of residents;
189 2. The provision of personal services;
190 3. The provision of, or arrangement for, social and leisure
191 activities;
192 4. The assistance in making arrangements for appointments
193 and transportation to appropriate medical, dental, nursing, or
194 mental health services, as needed by residents;
195 5. The management of medication stored within the facility
196 and as needed by residents;
197 6. The dietary needs of residents;
198 7. Resident records; and
199 8. Internal risk management and quality assurance; and
200 9. Identification of residents who are at risk for
201 developing venous thromboembolism and the treating facility’s
202 response protocols to help ensure access to timely treatment.
203 Section 7. Paragraph (h) is added to subsection (3) of
204 section 429.52, Florida Statutes, to read:
205 429.52 Staff training and educational requirements.—
206 (3) The agency, in conjunction with providers, shall
207 develop core training requirements for administrators consisting
208 of core training learning objectives, a competency test, and a
209 minimum required score to indicate successful passage of the
210 core competency test. The required core competency test must
211 cover at least the following topics:
212 (h) Identification of and responding to residents at high
213 risk of developing venous thromboembolism.
214 Section 8. This act shall take effect July 1, 2025.
215
216 ================= T I T L E A M E N D M E N T ================
217 And the title is amended as follows:
218 Delete everything before the enacting clause
219 and insert:
220 A bill to be entitled
221 An act relating to improving screening for and
222 treatment of blood clots; providing a short title;
223 amending s. 385.102, F.S.; revising legislative
224 findings under the Chronic Diseases Act; amending s.
225 395.1012, F.S.; requiring hospitals with emergency
226 departments and ambulatory surgical centers to develop
227 and implement policies and procedures and conduct
228 training for the rendering of appropriate medical
229 attention for persons at risk of forming venous
230 thromboembolisms; creating s. 395.3042, F.S.;
231 requiring the Agency for Health Care Administration to
232 contract with a private entity to establish a
233 statewide venous thromboembolism registry at no cost
234 to the state; providing requirements for the private
235 entity; requiring hospitals with an emergency
236 department and ambulatory surgical centers, beginning
237 on a date certain, to regularly report certain
238 information to the statewide venous thromboembolism
239 registry; requiring the agency to require the private
240 entity to use a nationally recognized platform to
241 collect certain data; requiring the private entity to
242 provide regular reports to the agency on such data;
243 requiring the agency, by a date certain, to provide to
244 the Governor and the Legislature a specified report;
245 providing requirements for such report; providing
246 applicability; amending s. 400.211, F.S.; revising
247 requirements for certain annual inservice training for
248 certified nursing assistants employed by nursing home
249 facilities; revising training requirements for certain
250 certified nursing assistants who may be delegated
251 tasks in nursing home facilities; amending s. 429.41,
252 F.S.; revising minimum standards for the care of
253 residents in assisted living facilities; amending s.
254 429.52, F.S.; revising requirements for the core
255 competency test for administrators of assisted living
256 facilities; providing an effective date.