Florida Senate - 2025                       CS for CS for SB 890
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Health and Human Services; and Senators Yarborough, Berman,
       Gruters, and Rouson
       
       
       
       594-03829-25                                           2025890c2
    1                        A bill to be entitled                      
    2         An act relating to improving screening for and
    3         treatment of blood clots; providing a short title;
    4         amending s. 385.102, F.S.; revising legislative
    5         findings under the Chronic Diseases Act; amending s.
    6         395.1012, F.S.; requiring hospitals with emergency
    7         departments and ambulatory surgical centers to develop
    8         and implement policies and procedures and conduct
    9         training for the rendering of appropriate medical
   10         attention for persons at risk of forming venous
   11         thromboembolisms; creating s. 395.3042, F.S.;
   12         requiring the Department of Health to contract with a
   13         private entity to establish a statewide venous
   14         thromboembolism registry at no cost to the state;
   15         providing requirements for the private entity;
   16         requiring hospitals with an emergency department,
   17         beginning on a date certain, to report certain
   18         information regularly to the statewide venous
   19         thromboembolism registry; requiring the department to
   20         require the private entity to use a nationally
   21         recognized platform to collect certain data; requiring
   22         the private entity to provide regular reports to the
   23         department on such data; requiring the Agency for
   24         Health Care Administration, by a date certain, to
   25         provide to the Governor and the Legislature a
   26         specified report; providing requirements for such
   27         report; providing applicability; amending s. 400.211,
   28         F.S.; revising requirements for certain annual
   29         inservice training for certified nursing assistants
   30         employed by nursing home facilities; revising training
   31         requirements for certain certified nursing assistants
   32         who may be delegated tasks in nursing home facilities;
   33         amending s. 429.55, F.S.; providing legislative
   34         findings; defining terms; requiring assisted living
   35         facilities to provide a consumer information pamphlet
   36         containing specified information to residents;
   37         providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. This act may be cited as the “Emily Adkins
   42  Family Protection Act.”
   43         Section 2. Subsection (1) of section 385.102, Florida
   44  Statutes, is amended to read:
   45         385.102 Legislative intent.—It is the finding of the
   46  Legislature that:
   47         (1) Chronic diseases exist in high proportions among the
   48  people of this state. These chronic diseases include, but are
   49  not limited to, heart disease, hypertension, diabetes, renal
   50  disease, chronic obstructive pulmonary disease, cancer, chronic
   51  critical illness, and genetic predisposition for developing
   52  venous thromboembolisms chronic obstructive lung disease. These
   53  diseases are often interrelated, and they directly and
   54  indirectly account for a high rate of death and illness.
   55         Section 3. Subsection (5) is added to section 395.1012,
   56  Florida Statutes, to read:
   57         395.1012 Patient safety.—
   58         (5)Each hospital with an emergency department and each
   59  ambulatory surgical center shall:
   60         (a)Develop and implement policies and procedures for the
   61  rendering of appropriate medical attention for persons at risk
   62  of forming venous thromboembolisms which reflect evidence-based
   63  best practices relating to, at a minimum:
   64         1.Assessing patients for risk of venous thromboembolism
   65  using a nationally recognized risk assessment tool.
   66         2.Treatment options for a patient diagnosed with venous
   67  thromboembolism.
   68         (b)Train all nonphysician personnel at least annually on
   69  the policies and procedures developed under this subsection. For
   70  purposes of this subsection, the term “nonphysician personnel”
   71  means all personnel of the licensed facility working in clinical
   72  areas and providing patient care, except those persons licensed
   73  as health care practitioners.
   74         Section 4. Section 395.3042, Florida Statutes, is created
   75  to read:
   76         395.3042Statewide venous thromboembolism registry.—
   77         (1)(a)The department shall contract with a private entity,
   78  that meets all of the conditions of paragraph (b), to establish
   79  and maintain, at no cost to the state, a statewide venous
   80  thromboembolism registry to ensure that the performance measures
   81  required to be submitted under subsection (2) are maintained and
   82  available for use to improve or modify the venous
   83  thromboembolism care system, ensure compliance with nationally
   84  recognized guidelines, and monitor venous thromboembolism
   85  patient outcomes.
   86         (b)The private entity must:
   87         1.Be a not-for-profit corporation qualified as tax-exempt
   88  under s. 501(c)(3) of the Internal Revenue Code.
   89         2.Have existed for at least 15 consecutive years with a
   90  mission of advancing the prevention, early diagnosis, and
   91  successful treatment of blood clots.
   92         3.Have experience operating a medical registry with at
   93  least 25,000 participants.
   94         4.Have experience in providing continuing education on
   95  venous thromboembolism to medical professionals.
   96         5.Have sponsored a public health education campaign on
   97  venous thromboembolism.
   98         6.Be affiliated with a medical and scientific advisory
   99  board.
  100         (2)Beginning July 1, 2026, each hospital with an emergency
  101  department shall regularly report to the statewide venous
  102  thromboembolism registry information containing nationally
  103  recognized venous thromboembolism measures and data on the
  104  incidence and prevalence of venous thromboembolisms. Such data
  105  must include the following information:
  106         (a)The number of venous thromboembolisms identified and
  107  diagnosed.
  108         (b)The age of the patient.
  109         (c)The zip code of the patient.
  110         (d)The sex of the patient.
  111         (e)Whether the patient is a resident of a licensed nursing
  112  home or assisted living facility.
  113         (f)Whether the venous thromboembolism was fatal.
  114         (g)How the diagnosis was made, such as by using imaging
  115  modalities.
  116         (h)The treatment that was recommended for the venous
  117  thromboembolism.
  118         (3)The department shall require the contracted private
  119  entity to use a nationally recognized platform to collect data
  120  from each hospital with an emergency department on the
  121  performance measures required under subsection (2). The
  122  contracted private entity shall provide to the department
  123  regular reports on the data collected.
  124         (4)By June 1, 2026, the agency shall submit to the
  125  Governor, the President of the Senate, and the Speaker of the
  126  House of Representatives a detailed report on the incidence of
  127  venous thromboembolism using inpatient and outpatient data for
  128  services provided between July 1, 2024, and June 30, 2025. The
  129  report must provide analyses of all of the following:
  130         (a)Age category, initial primary diagnosis and procedure,
  131  and secondary diagnoses, readmission rates for inpatients,
  132  admission rates for venous thromboembolism for which the patient
  133  had an ambulatory surgery procedure, and emergency department
  134  visits for venous thromboembolism linked to any previous
  135  admission.
  136         (b)Whether the venous thromboembolism was present upon
  137  admission.
  138         (c)The incidence of venous thromboembolism procedures
  139  reported on the agency’s Florida Health Finder website.
  140         (d)The principal payor, the sex of the patient, and the
  141  patient’s discharge status.
  142         (5)The contracted private entity operating the registry
  143  may only use or publish information from the registry for the
  144  purposes of advancing medical research or medical education in
  145  the interest of reducing morbidity or mortality.
  146         Section 5. Subsection (4) and paragraph (a) of subsection
  147  (5) of section 400.211, Florida Statutes, are amended to read:
  148         400.211 Persons employed as nursing assistants;
  149  certification requirement; qualified medication aide designation
  150  and requirements.—
  151         (4) When employed by a nursing home facility for a 12-month
  152  period or longer, a nursing assistant, to maintain
  153  certification, shall submit to a performance review every 12
  154  months and must receive regular inservice education based on the
  155  outcome of such reviews. The inservice training must:
  156         (a) Be sufficient to ensure the continuing competence of
  157  nursing assistants and must meet the standard specified in s.
  158  464.203(7);
  159         (b) Include, at a minimum:
  160         1. Techniques for assisting with eating and proper feeding;
  161         2. Principles of adequate nutrition and hydration;
  162         3. Techniques for assisting and responding to the
  163  cognitively impaired resident or the resident with difficult
  164  behaviors;
  165         4. Techniques for caring for the resident at the end-of
  166  life; and
  167         5. Recognizing changes that place a resident at risk for
  168  pressure ulcers and falls; and
  169         6.For direct care staff, recognizing signs and symptoms of
  170  venous thromboembolism and techniques for providing an emergency
  171  response; and
  172         (c) Address areas of weakness as determined in nursing
  173  assistant performance reviews and may address the special needs
  174  of residents as determined by the nursing home facility staff.
  175  
  176  Costs associated with this training may not be reimbursed from
  177  additional Medicaid funding through interim rate adjustments.
  178         (5) A nursing home, in accordance with chapter 464 and
  179  rules adopted pursuant to this section, may authorize a
  180  registered nurse to delegate tasks, including medication
  181  administration, to a certified nursing assistant who meets the
  182  requirements of this subsection.
  183         (a) In addition to the initial 6-hour training course and
  184  determination of competency required under s. 464.2035, to be
  185  eligible to administer medication to a resident of a nursing
  186  home facility, a certified nursing assistant must:
  187         1. Hold a clear and active certification from the
  188  Department of Health for a minimum of 1 year immediately
  189  preceding the delegation;
  190         2. Complete an additional 34-hour training course approved
  191  by the Board of Nursing in medication administration and
  192  associated tasks, including, but not limited to, blood glucose
  193  level checks, dialing oxygen flow meters to prescribed settings,
  194  and assisting with continuous positive airway pressure devices,
  195  and identifying signs and symptoms of venous thromboembolism and
  196  how to assist with a response protocol; and
  197         3. Demonstrate clinical competency by successfully
  198  completing a supervised clinical practice in medication
  199  administration and associated tasks conducted in the facility.
  200         Section 6. Section 429.55, Florida Statutes, is amended to
  201  read:
  202         429.55 Consumer information website.—
  203         (1) CONSUMER INFORMATION WEBSITE.—The Legislature finds
  204  that consumers need additional information on the quality of
  205  care and service in assisted living facilities in order to
  206  select the best facility for themselves or their loved ones.
  207  Therefore, the Agency for Health Care Administration shall
  208  create content that is easily accessible through the home page
  209  of the agency’s website either directly or indirectly through
  210  links to one or more other established websites of the agency’s
  211  choosing. The website must be searchable by facility name,
  212  license type, city, or zip code. By November 1, 2015, the agency
  213  shall include all content in its possession on the website and
  214  add content when received from facilities. At a minimum, the
  215  content must include:
  216         (a)(1) Information on each licensed assisted living
  217  facility, including, but not limited to:
  218         1.(a) The name and address of the facility.
  219         2.(b) The name of the owner or operator of the facility.
  220         3.(c) The number and type of licensed beds in the facility.
  221         4.(d) The types of licenses held by the facility.
  222         5.(e) The facility’s license expiration date and status.
  223         6.(f) The total number of clients that the facility is
  224  licensed to serve and the most recently available occupancy
  225  levels.
  226         7.(g) The number of private and semiprivate rooms offered.
  227         8.(h) The bed-hold policy.
  228         9.(i) The religious affiliation, if any, of the assisted
  229  living facility.
  230         10.(j) The languages spoken by the staff.
  231         11.(k) Availability of nurses.
  232         12.(l) Forms of payment accepted, including, but not
  233  limited to, Medicaid, Medicaid long-term managed care, private
  234  insurance, health maintenance organization, United States
  235  Department of Veterans Affairs, CHAMPUS program, or workers’
  236  compensation coverage.
  237         13.(m) Indication if the licensee is operating under
  238  bankruptcy protection.
  239         14.(n) Recreational and other programs available.
  240         15.(o) Special care units or programs offered.
  241         16.(p) Whether the facility is a part of a retirement
  242  community that offers other services pursuant to this part or
  243  part III of this chapter, part II or part III of chapter 400, or
  244  chapter 651.
  245         17.(q) Links to the State Long-Term Care Ombudsman Program
  246  website and the program’s statewide toll-free telephone number.
  247         18.(r) Links to the websites of the providers.
  248         19.(s) Other relevant information that the agency currently
  249  collects.
  250         (b)(2) Survey and violation information for the facility,
  251  including a list of the facility’s violations committed during
  252  the previous 60 months, which on July 1, 2015, may include
  253  violations committed on or after July 1, 2010. The list shall be
  254  updated monthly and include for each violation:
  255         1.(a) A summary of the violation, including all licensure,
  256  revisit, and complaint survey information, presented in a manner
  257  understandable by the general public.
  258         2.(b) Any sanctions imposed by final order.
  259         3.(c) The date the corrective action was confirmed by the
  260  agency.
  261         (c)(3) Links to inspection reports that the agency has on
  262  file.
  263         (2) VTE CONSUMER INFORMATION.
  264         (a) The Legislature finds that many PEs are preventable and
  265  that information about the prevalence of the disease could save
  266  lives.
  267         (b) The term pulmonary embolism (PE) means a condition in
  268  which part of the clot breaks off and travels to the lungs,
  269  possibly causing death.
  270         (c) The term “venous thromboembolism (VTE) means deep vein
  271  thrombosis (DVT), which is a blood clot located in a deep vein,
  272  usually in the leg or arm. The term can be used to refer to DVT,
  273  pulmonary embolism, or both.
  274         (d) Assisted living facilities must provide a consumer
  275  information pamphlet to residents upon admission. The pamphlet
  276  must contain information about VTE, risk factors, and how
  277  residents can recognize the signs and symptoms of VTE.
  278  
  279  The agency may adopt rules to administer this section.
  280         Section 7. This act shall take effect July 1, 2025.