Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. CS for SB 890
       
       
       
       
       
       
                                Ì877818UÎ877818                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/23/2025           .                                
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       The Committee on Fiscal Policy (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, the term “nonphysician personnel”
   35  means all personnel of the licensed facility working in clinical
   36  areas and providing patient care, except those persons licensed
   37  as health care practitioners.
   38         Section 4. Section 395.3042, Florida Statutes, is created
   39  to read:
   40         395.3042Statewide venous thromboembolism registry.—
   41         (1)(a)The department 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 shall regularly report to the statewide venous
   66  thromboembolism registry information containing nationally
   67  recognized venous thromboembolism measures and data on the
   68  incidence and prevalence of venous thromboembolisms. Such data
   69  must include the following information:
   70         (a)The number of venous thromboembolisms identified and
   71  diagnosed.
   72         (b)The age of the patient.
   73         (c)The zip code of the patient.
   74         (d)The sex of the patient.
   75         (e)Whether the patient is a resident of a licensed nursing
   76  home or assisted living facility.
   77         (f)Whether the venous thromboembolism was fatal.
   78         (g)How the diagnosis was made, such as by using imaging
   79  modalities.
   80         (h)The treatment that was recommended for the venous
   81  thromboembolism.
   82         (3)The department shall require the contracted private
   83  entity to use a nationally recognized platform to collect data
   84  from each hospital with an emergency department on the
   85  performance measures required under subsection (2). The
   86  contracted private entity shall provide regular reports to the
   87  department on the data collected.
   88         (4)By March 1, 2026, the department shall submit to the
   89  Governor, the President of the Senate, and the Speaker of the
   90  House of Representatives a detailed report on the incidence of
   91  venous thromboembolism using inpatient and outpatient data for
   92  services provided between July 1, 2024, and July 1, 2025. The
   93  report must provide analyses of all of the following:
   94         (a)Age category, initial primary diagnosis and procedure,
   95  and secondary diagnoses, readmission rates for inpatients,
   96  admission rates for venous thromboembolism for which the patient
   97  had an ambulatory surgery procedure, and emergency department
   98  visits for venous thromboembolism linked to any previous
   99  admission.
  100         (b)Whether the venous thromboembolism was present upon
  101  admission.
  102         (c)The incidence of venous thromboembolism procedures
  103  reported on the department’s website.
  104         (d)The principal payor, the sex of the patient, and the
  105  patient’s discharge status.
  106         (5)The contracted private entity operating the registry
  107  may only use or publish information from the registry for the
  108  purposes of advancing medical research or medical education in
  109  the interest of reducing morbidity or mortality.
  110         Section 5. Subsection (4) and paragraph (a) of subsection
  111  (5) of section 400.211, Florida Statutes, are amended to read:
  112         400.211 Persons employed as nursing assistants;
  113  certification requirement; qualified medication aide designation
  114  and requirements.—
  115         (4) When employed by a nursing home facility for a 12-month
  116  period or longer, a nursing assistant, to maintain
  117  certification, shall submit to a performance review every 12
  118  months and must receive regular inservice education based on the
  119  outcome of such reviews. The inservice training must:
  120         (a) Be sufficient to ensure the continuing competence of
  121  nursing assistants and must meet the standard specified in s.
  122  464.203(7);
  123         (b) Include, at a minimum:
  124         1. Techniques for assisting with eating and proper feeding;
  125         2. Principles of adequate nutrition and hydration;
  126         3. Techniques for assisting and responding to the
  127  cognitively impaired resident or the resident with difficult
  128  behaviors;
  129         4. Techniques for caring for the resident at the end-of
  130  life; and
  131         5. Recognizing changes that place a resident at risk for
  132  pressure ulcers and falls; and
  133         6.For direct care staff, recognizing signs and symptoms of
  134  venous thromboembolism and techniques for providing an emergency
  135  response; and
  136         (c) Address areas of weakness as determined in nursing
  137  assistant performance reviews and may address the special needs
  138  of residents as determined by the nursing home facility staff.
  139  
  140  Costs associated with this training may not be reimbursed from
  141  additional Medicaid funding through interim rate adjustments.
  142         (5) A nursing home, in accordance with chapter 464 and
  143  rules adopted pursuant to this section, may authorize a
  144  registered nurse to delegate tasks, including medication
  145  administration, to a certified nursing assistant who meets the
  146  requirements of this subsection.
  147         (a) In addition to the initial 6-hour training course and
  148  determination of competency required under s. 464.2035, to be
  149  eligible to administer medication to a resident of a nursing
  150  home facility, a certified nursing assistant must:
  151         1. Hold a clear and active certification from the
  152  Department of Health for a minimum of 1 year immediately
  153  preceding the delegation;
  154         2. Complete an additional 34-hour training course approved
  155  by the Board of Nursing in medication administration and
  156  associated tasks, including, but not limited to, blood glucose
  157  level checks, dialing oxygen flow meters to prescribed settings,
  158  and assisting with continuous positive airway pressure devices,
  159  and identifying signs and symptoms of venous thromboembolism and
  160  how to assist with a response protocol; and
  161         3. Demonstrate clinical competency by successfully
  162  completing a supervised clinical practice in medication
  163  administration and associated tasks conducted in the facility.
  164         Section 6. Section 429.55, Florida Statutes, is amended to
  165  read:
  166         429.55 Consumer information website.—
  167         (1) CONSUMER INFORMATION WEBSITE.—The Legislature finds
  168  that consumers need additional information on the quality of
  169  care and service in assisted living facilities in order to
  170  select the best facility for themselves or their loved ones.
  171  Therefore, the Agency for Health Care Administration shall
  172  create content that is easily accessible through the home page
  173  of the agency’s website either directly or indirectly through
  174  links to one or more other established websites of the agency’s
  175  choosing. The website must be searchable by facility name,
  176  license type, city, or zip code. By November 1, 2015, the agency
  177  shall include all content in its possession on the website and
  178  add content when received from facilities. At a minimum, the
  179  content must include:
  180         (a)(1) Information on each licensed assisted living
  181  facility, including, but not limited to:
  182         1.(a) The name and address of the facility.
  183         2.(b) The name of the owner or operator of the facility.
  184         3.(c) The number and type of licensed beds in the facility.
  185         4.(d) The types of licenses held by the facility.
  186         5.(e) The facility’s license expiration date and status.
  187         6.(f) The total number of clients that the facility is
  188  licensed to serve and the most recently available occupancy
  189  levels.
  190         7.(g) The number of private and semiprivate rooms offered.
  191         8.(h) The bed-hold policy.
  192         9.(i) The religious affiliation, if any, of the assisted
  193  living facility.
  194         10.(j) The languages spoken by the staff.
  195         11.(k) Availability of nurses.
  196         12.(l) Forms of payment accepted, including, but not
  197  limited to, Medicaid, Medicaid long-term managed care, private
  198  insurance, health maintenance organization, United States
  199  Department of Veterans Affairs, CHAMPUS program, or workers’
  200  compensation coverage.
  201         13.(m) Indication if the licensee is operating under
  202  bankruptcy protection.
  203         14.(n) Recreational and other programs available.
  204         15.(o) Special care units or programs offered.
  205         16.(p) Whether the facility is a part of a retirement
  206  community that offers other services pursuant to this part or
  207  part III of this chapter, part II or part III of chapter 400, or
  208  chapter 651.
  209         17.(q) Links to the State Long-Term Care Ombudsman Program
  210  website and the program’s statewide toll-free telephone number.
  211         18.(r) Links to the websites of the providers.
  212         19.(s) Other relevant information that the agency currently
  213  collects.
  214         (b)(2) Survey and violation information for the facility,
  215  including a list of the facility’s violations committed during
  216  the previous 60 months, which on July 1, 2015, may include
  217  violations committed on or after July 1, 2010. The list shall be
  218  updated monthly and include for each violation:
  219         1.(a) A summary of the violation, including all licensure,
  220  revisit, and complaint survey information, presented in a manner
  221  understandable by the general public.
  222         2.(b) Any sanctions imposed by final order.
  223         3.(c) The date the corrective action was confirmed by the
  224  agency.
  225         (c)(3) Links to inspection reports that the agency has on
  226  file.
  227         (2) VTE CONSUMER INFORMATION.
  228         (a) The Legislature finds that many PEs are preventable and
  229  that information about the prevalence of the disease could save
  230  lives.
  231         (b) The term pulmonary embolism (PE) means a condition in
  232  which part of the clot breaks off and travels to the lungs,
  233  possibly causing death.
  234         (c) The term “venous thromboembolism (VTE) means deep vein
  235  thrombosis (DVT), which is a blood clot located in a deep vein,
  236  usually in the leg or arm. The term can be used to refer to DVT,
  237  pulmonary embolism, or both.
  238         (d) Assisted living facilities must provide a consumer
  239  information pamphlet to residents upon admission. The pamphlet
  240  must contain information about VTE, risk factors, and how
  241  residents can recognize the signs and symptoms of VTE.
  242  
  243  The agency may adopt rules to administer this section.
  244         Section 7. This act shall take effect July 1, 2025.
  245  
  246  ================= T I T L E  A M E N D M E N T ================
  247  And the title is amended as follows:
  248         Delete everything before the enacting clause
  249  and insert:
  250                        A bill to be entitled                      
  251         An act relating to improving screening for and
  252         treatment of blood clots; providing a short title;
  253         amending s. 385.102, F.S.; revising legislative
  254         findings under the Chronic Diseases Act; amending s.
  255         395.1012, F.S.; requiring hospitals with emergency
  256         departments and ambulatory surgical centers to develop
  257         and implement policies and procedures and conduct
  258         training for the rendering of appropriate medical
  259         attention for persons at risk of forming venous
  260         thromboembolisms; creating s. 395.3042, F.S.;
  261         requiring the Department of Health to contract with a
  262         private entity to establish a statewide venous
  263         thromboembolism registry at no cost to the state;
  264         providing requirements for the private entity;
  265         requiring hospitals with an emergency department,
  266         beginning on a date certain, to regularly report
  267         certain information to the statewide venous
  268         thromboembolism registry; requiring the department to
  269         require the private entity to use a nationally
  270         recognized platform to collect certain data; requiring
  271         the private entity to provide regular reports to the
  272         department on such data; requiring the department, by
  273         a date certain, to provide to the Governor and the
  274         Legislature a specified report; providing requirements
  275         for such report; providing applicability; amending s.
  276         400.211, F.S.; revising requirements for certain
  277         annual inservice training for certified nursing
  278         assistants employed by nursing home facilities;
  279         revising training requirements for certain certified
  280         nursing assistants who may be delegated tasks in
  281         nursing home facilities; amending s. 429.55, F.S.;
  282         providing legislative findings; defining terms;
  283         requiring assisted living facilities to provide a
  284         consumer information pamphlet containing specified
  285         information to residents; providing an effective date.