Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2286
       
       
       
       
       
       
                                Barcode 181138                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Health Regulation (Gardiner) recommended the
       following:
       
    1         Senate Substitute for Amendment (705470) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 395.0199, Florida Statutes, is repealed.
    7         Section 2. Section 395.405, Florida Statutes, is amended to
    8  read:
    9         395.405 Rulemaking.—The department shall adopt and enforce
   10  all rules necessary to administer ss. 395.0199, 395.401,
   11  395.4015, 395.402, 395.4025, 395.403, 395.404, and 395.4045.
   12         Section 3. Subsection (1) of section 400.0712, Florida
   13  Statutes, is amended to read:
   14         400.0712 Application for inactive license.—
   15         (1) As specified in s. 408.831(4) and this section, the
   16  agency may issue an inactive license to a nursing home facility
   17  for all or a portion of its beds. Any request by a licensee that
   18  a nursing home or portion of a nursing home become inactive must
   19  be submitted to the agency in the approved format. The facility
   20  may not initiate any suspension of services, notify residents,
   21  or initiate inactivity before receiving approval from the
   22  agency; and a licensee that violates this provision may not be
   23  issued an inactive license.
   24         Section 4. Subsection (2) of section 400.118, Florida
   25  Statutes, is repealed.
   26         Section 5. Section 400.141, Florida Statutes, is amended to
   27  read:
   28         400.141 Administration and management of nursing home
   29  facilities.—
   30         (1) Every licensed facility shall comply with all
   31  applicable standards and rules of the agency and shall:
   32         (a)(1) Be under the administrative direction and charge of
   33  a licensed administrator.
   34         (b)(2) Appoint a medical director licensed pursuant to
   35  chapter 458 or chapter 459. The agency may establish by rule
   36  more specific criteria for the appointment of a medical
   37  director.
   38         (c)(3) Have available the regular, consultative, and
   39  emergency services of physicians licensed by the state.
   40         (d)(4) Provide for resident use of a community pharmacy as
   41  specified in s. 400.022(1)(q). Any other law to the contrary
   42  notwithstanding, a registered pharmacist licensed in Florida,
   43  that is under contract with a facility licensed under this
   44  chapter or chapter 429, shall repackage a nursing facility
   45  resident’s bulk prescription medication which has been packaged
   46  by another pharmacist licensed in any state in the United States
   47  into a unit dose system compatible with the system used by the
   48  nursing facility, if the pharmacist is requested to offer such
   49  service. In order to be eligible for the repackaging, a resident
   50  or the resident’s spouse must receive prescription medication
   51  benefits provided through a former employer as part of his or
   52  her retirement benefits, a qualified pension plan as specified
   53  in s. 4972 of the Internal Revenue Code, a federal retirement
   54  program as specified under 5 C.F.R. s. 831, or a long-term care
   55  policy as defined in s. 627.9404(1). A pharmacist who correctly
   56  repackages and relabels the medication and the nursing facility
   57  which correctly administers such repackaged medication under the
   58  provisions of this paragraph may subsection shall not be held
   59  liable in any civil or administrative action arising from the
   60  repackaging. In order to be eligible for the repackaging, a
   61  nursing facility resident for whom the medication is to be
   62  repackaged shall sign an informed consent form provided by the
   63  facility which includes an explanation of the repackaging
   64  process and which notifies the resident of the immunities from
   65  liability provided in this paragraph herein. A pharmacist who
   66  repackages and relabels prescription medications, as authorized
   67  under this paragraph subsection, may charge a reasonable fee for
   68  costs resulting from the implementation of this provision.
   69         (e)(5) Provide for the access of the facility residents to
   70  dental and other health-related services, recreational services,
   71  rehabilitative services, and social work services appropriate to
   72  their needs and conditions and not directly furnished by the
   73  licensee. When a geriatric outpatient nurse clinic is conducted
   74  in accordance with rules adopted by the agency, outpatients
   75  attending such clinic shall not be counted as part of the
   76  general resident population of the nursing home facility, nor
   77  shall the nursing staff of the geriatric outpatient clinic be
   78  counted as part of the nursing staff of the facility, until the
   79  outpatient clinic load exceeds 15 a day.
   80         (f)(6) Be allowed and encouraged by the agency to provide
   81  other needed services under certain conditions. If the facility
   82  has a standard licensure status, and has had no class I or class
   83  II deficiencies during the past 2 years or has been awarded a
   84  Gold Seal under the program established in s. 400.235, it may be
   85  encouraged by the agency to provide services, including, but not
   86  limited to, respite and adult day services, which enable
   87  individuals to move in and out of the facility. A facility is
   88  not subject to any additional licensure requirements for
   89  providing these services. Respite care may be offered to persons
   90  in need of short-term or temporary nursing home services.
   91  Respite care must be provided in accordance with this part and
   92  rules adopted by the agency. However, the agency shall, by rule,
   93  adopt modified requirements for resident assessment, resident
   94  care plans, resident contracts, physician orders, and other
   95  provisions, as appropriate, for short-term or temporary nursing
   96  home services. The agency shall allow for shared programming and
   97  staff in a facility which meets minimum standards and offers
   98  services pursuant to this paragraph subsection, but, if the
   99  facility is cited for deficiencies in patient care, may require
  100  additional staff and programs appropriate to the needs of
  101  service recipients. A person who receives respite care may not
  102  be counted as a resident of the facility for purposes of the
  103  facility’s licensed capacity unless that person receives 24-hour
  104  respite care. A person receiving either respite care for 24
  105  hours or longer or adult day services must be included when
  106  calculating minimum staffing for the facility. Any costs and
  107  revenues generated by a nursing home facility from
  108  nonresidential programs or services shall be excluded from the
  109  calculations of Medicaid per diems for nursing home
  110  institutional care reimbursement.
  111         (g)(7) If the facility has a standard license or is a Gold
  112  Seal facility, exceeds the minimum required hours of licensed
  113  nursing and certified nursing assistant direct care per resident
  114  per day, and is part of a continuing care facility licensed
  115  under chapter 651 or a retirement community that offers other
  116  services pursuant to part III of this chapter or part I or part
  117  III of chapter 429 on a single campus, be allowed to share
  118  programming and staff. At the time of inspection and in the
  119  semiannual report required pursuant to paragraph (o) subsection
  120  (15), a continuing care facility or retirement community that
  121  uses this option must demonstrate through staffing records that
  122  minimum staffing requirements for the facility were met.
  123  Licensed nurses and certified nursing assistants who work in the
  124  nursing home facility may be used to provide services elsewhere
  125  on campus if the facility exceeds the minimum number of direct
  126  care hours required per resident per day and the total number of
  127  residents receiving direct care services from a licensed nurse
  128  or a certified nursing assistant does not cause the facility to
  129  violate the staffing ratios required under s. 400.23(3)(a).
  130  Compliance with the minimum staffing ratios shall be based on
  131  total number of residents receiving direct care services,
  132  regardless of where they reside on campus. If the facility
  133  receives a conditional license, it may not share staff until the
  134  conditional license status ends. This paragraph subsection does
  135  not restrict the agency’s authority under federal or state law
  136  to require additional staff if a facility is cited for
  137  deficiencies in care which are caused by an insufficient number
  138  of certified nursing assistants or licensed nurses. The agency
  139  may adopt rules for the documentation necessary to determine
  140  compliance with this provision.
  141         (h)(8) Maintain the facility premises and equipment and
  142  conduct its operations in a safe and sanitary manner.
  143         (i)(9) If the licensee furnishes food service, provide a
  144  wholesome and nourishing diet sufficient to meet generally
  145  accepted standards of proper nutrition for its residents and
  146  provide such therapeutic diets as may be prescribed by attending
  147  physicians. In making rules to implement this paragraph
  148  subsection, the agency shall be guided by standards recommended
  149  by nationally recognized professional groups and associations
  150  with knowledge of dietetics.
  151         (j)(10) Keep full records of resident admissions and
  152  discharges; medical and general health status, including medical
  153  records, personal and social history, and identity and address
  154  of next of kin or other persons who may have responsibility for
  155  the affairs of the residents; and individual resident care plans
  156  including, but not limited to, prescribed services, service
  157  frequency and duration, and service goals. The records shall be
  158  open to inspection by the agency.
  159         (k)(11) Keep such fiscal records of its operations and
  160  conditions as may be necessary to provide information pursuant
  161  to this part.
  162         (l)(12) Furnish copies of personnel records for employees
  163  affiliated with such facility, to any other facility licensed by
  164  this state requesting this information pursuant to this part.
  165  Such information contained in the records may include, but is
  166  not limited to, disciplinary matters and any reason for
  167  termination. Any facility releasing such records pursuant to
  168  this part shall be considered to be acting in good faith and may
  169  not be held liable for information contained in such records,
  170  absent a showing that the facility maliciously falsified such
  171  records.
  172         (m)(13) Publicly display a poster provided by the agency
  173  containing the names, addresses, and telephone numbers for the
  174  state’s abuse hotline, the State Long-Term Care Ombudsman, the
  175  Agency for Health Care Administration consumer hotline, the
  176  Advocacy Center for Persons with Disabilities, the Florida
  177  Statewide Advocacy Council, and the Medicaid Fraud Control Unit,
  178  with a clear description of the assistance to be expected from
  179  each.
  180         (n)(14) Submit to the agency the information specified in
  181  s. 400.071(1)(b) for a management company within 30 days after
  182  the effective date of the management agreement.
  183         (o)1.(15) Submit semiannually to the agency, or more
  184  frequently if requested by the agency, information regarding
  185  facility staff-to-resident ratios, staff turnover, and staff
  186  stability, including information regarding certified nursing
  187  assistants, licensed nurses, the director of nursing, and the
  188  facility administrator. For purposes of this reporting:
  189         a.(a) Staff-to-resident ratios must be reported in the
  190  categories specified in s. 400.23(3)(a) and applicable rules.
  191  The ratio must be reported as an average for the most recent
  192  calendar quarter.
  193         b.(b) Staff turnover must be reported for the most recent
  194  12-month period ending on the last workday of the most recent
  195  calendar quarter prior to the date the information is submitted.
  196  The turnover rate must be computed quarterly, with the annual
  197  rate being the cumulative sum of the quarterly rates. The
  198  turnover rate is the total number of terminations or separations
  199  experienced during the quarter, excluding any employee
  200  terminated during a probationary period of 3 months or less,
  201  divided by the total number of staff employed at the end of the
  202  period for which the rate is computed, and expressed as a
  203  percentage.
  204         c.(c) The formula for determining staff stability is the
  205  total number of employees that have been employed for more than
  206  12 months, divided by the total number of employees employed at
  207  the end of the most recent calendar quarter, and expressed as a
  208  percentage.
  209         d.(d) A nursing facility that has failed to comply with
  210  state minimum-staffing requirements for 2 consecutive days is
  211  prohibited from accepting new admissions until the facility has
  212  achieved the minimum-staffing requirements for a period of 6
  213  consecutive days. For the purposes of this sub-subparagraph
  214  paragraph, any person who was a resident of the facility and was
  215  absent from the facility for the purpose of receiving medical
  216  care at a separate location or was on a leave of absence is not
  217  considered a new admission. Failure to impose such an admissions
  218  moratorium constitutes a class II deficiency.
  219         e.(e) A nursing facility which does not have a conditional
  220  license may be cited for failure to comply with the standards in
  221  s. 400.23(3)(a)1.a. only if it has failed to meet those
  222  standards on 2 consecutive days or if it has failed to meet at
  223  least 97 percent of those standards on any one day.
  224         f.(f) A facility which has a conditional license must be in
  225  compliance with the standards in s. 400.23(3)(a) at all times.
  226  
  227         2.Nothing in This paragraph does not section shall limit
  228  the agency’s ability to impose a deficiency or take other
  229  actions if a facility does not have enough staff to meet the
  230  residents’ needs.
  231         (16)Report monthly the number of vacant beds in the
  232  facility which are available for resident occupancy on the day
  233  the information is reported.
  234         (p)(17) Notify a licensed physician when a resident
  235  exhibits signs of dementia or cognitive impairment or has a
  236  change of condition in order to rule out the presence of an
  237  underlying physiological condition that may be contributing to
  238  such dementia or impairment. The notification must occur within
  239  30 days after the acknowledgment of such signs by facility
  240  staff. If an underlying condition is determined to exist, the
  241  facility shall arrange, with the appropriate health care
  242  provider, the necessary care and services to treat the
  243  condition.
  244         (q)(18) If the facility implements a dining and hospitality
  245  attendant program, ensure that the program is developed and
  246  implemented under the supervision of the facility director of
  247  nursing. A licensed nurse, licensed speech or occupational
  248  therapist, or a registered dietitian must conduct training of
  249  dining and hospitality attendants. A person employed by a
  250  facility as a dining and hospitality attendant must perform
  251  tasks under the direct supervision of a licensed nurse.
  252         (r)(19) Report to the agency any filing for bankruptcy
  253  protection by the facility or its parent corporation,
  254  divestiture or spin-off of its assets, or corporate
  255  reorganization within 30 days after the completion of such
  256  activity.
  257         (s)(20) Maintain general and professional liability
  258  insurance coverage that is in force at all times. In lieu of
  259  general and professional liability insurance coverage, a state
  260  designated teaching nursing home and its affiliated assisted
  261  living facilities created under s. 430.80 may demonstrate proof
  262  of financial responsibility as provided in s. 430.80(3)(h).
  263         (t)(21) Maintain in the medical record for each resident a
  264  daily chart of certified nursing assistant services provided to
  265  the resident. The certified nursing assistant who is caring for
  266  the resident must complete this record by the end of his or her
  267  shift. This record must indicate assistance with activities of
  268  daily living, assistance with eating, and assistance with
  269  drinking, and must record each offering of nutrition and
  270  hydration for those residents whose plan of care or assessment
  271  indicates a risk for malnutrition or dehydration.
  272         (u)(22) Before November 30 of each year, subject to the
  273  availability of an adequate supply of the necessary vaccine,
  274  provide for immunizations against influenza viruses to all its
  275  consenting residents in accordance with the recommendations of
  276  the United States Centers for Disease Control and Prevention,
  277  subject to exemptions for medical contraindications and
  278  religious or personal beliefs. Subject to these exemptions, any
  279  consenting person who becomes a resident of the facility after
  280  November 30 but before March 31 of the following year must be
  281  immunized within 5 working days after becoming a resident.
  282  Immunization shall not be provided to any resident who provides
  283  documentation that he or she has been immunized as required by
  284  this paragraph subsection. This paragraph subsection does not
  285  prohibit a resident from receiving the immunization from his or
  286  her personal physician if he or she so chooses. A resident who
  287  chooses to receive the immunization from his or her personal
  288  physician shall provide proof of immunization to the facility.
  289  The agency may adopt and enforce any rules necessary to comply
  290  with or implement this subsection.
  291         (v)(23) Assess all residents for eligibility for
  292  pneumococcal polysaccharide vaccination (PPV) and vaccinate
  293  residents when indicated within 60 days after the effective date
  294  of this act in accordance with the recommendations of the United
  295  States Centers for Disease Control and Prevention, subject to
  296  exemptions for medical contraindications and religious or
  297  personal beliefs. Residents admitted after the effective date of
  298  this act shall be assessed within 5 working days of admission
  299  and, when indicated, vaccinated within 60 days in accordance
  300  with the recommendations of the United States Centers for
  301  Disease Control and Prevention, subject to exemptions for
  302  medical contraindications and religious or personal beliefs.
  303  Immunization shall not be provided to any resident who provides
  304  documentation that he or she has been immunized as required by
  305  this paragraph subsection. This paragraph subsection does not
  306  prohibit a resident from receiving the immunization from his or
  307  her personal physician if he or she so chooses. A resident who
  308  chooses to receive the immunization from his or her personal
  309  physician shall provide proof of immunization to the facility.
  310  The agency may adopt and enforce any rules necessary to comply
  311  with or implement this paragraph subsection.
  312         (w)(24) Annually encourage and promote to its employees the
  313  benefits associated with immunizations against influenza viruses
  314  in accordance with the recommendations of the United States
  315  Centers for Disease Control and Prevention. The agency may adopt
  316  and enforce any rules necessary to comply with or implement this
  317  paragraph subsection.
  318         (2) Facilities that have been awarded a Gold Seal under the
  319  program established in s. 400.235 may develop a plan to provide
  320  certified nursing assistant training as prescribed by federal
  321  regulations and state rules and may apply to the agency for
  322  approval of their program.
  323         Section 6. Subsections (5), (9), (10), (11), (12), (13),
  324  (14), and (15) of section 400.147, Florida Statutes, are amended
  325  to read:
  326         400.147 Internal risk management and quality assurance
  327  program.—
  328         (5) For purposes of reporting to the agency under this
  329  section, the term “adverse incident” means:
  330         (a) An event over which facility personnel could exercise
  331  control and which is associated in whole or in part with the
  332  facility’s intervention, rather than the condition for which
  333  such intervention occurred, and which results in one of the
  334  following:
  335         1. Death;
  336         2. Brain or spinal damage;
  337         3. Permanent disfigurement;
  338         4. Fracture or dislocation of bones or joints;
  339         5. A limitation of neurological, physical, or sensory
  340  function;
  341         6. Any condition that required medical attention to which
  342  the resident has not given his or her informed consent,
  343  including failure to honor advanced directives; or
  344         7. Any condition that required the transfer of the
  345  resident, within or outside the facility, to a unit providing a
  346  more acute level of care due to the adverse incident, rather
  347  than the resident’s condition prior to the adverse incident; or
  348         8.An event that is reported to law enforcement or its
  349  personnel for investigation; or
  350         (b)Abuse, neglect, or exploitation as defined in s.
  351  415.102;
  352         (c)Abuse, neglect and harm as defined in s. 39.01;
  353         (b)(d) Resident elopement, if the elopement places the
  354  resident at risk of harm or injury.; or
  355         (e)An event that is reported to law enforcement.
  356         (9)Abuse, neglect, or exploitation must be reported to the
  357  agency as required by 42 C.F.R. s. 483.13(c) and to the
  358  department as required by chapters 39 and 415.
  359         (10)(9) By the 10th of each month, each facility subject to
  360  this section shall report any notice received pursuant to s.
  361  400.0233(2) and each initial complaint that was filed with the
  362  clerk of the court and served on the facility during the
  363  previous month by a resident or a resident’s family member,
  364  guardian, conservator, or personal legal representative. The
  365  report must include the name of the resident, the resident’s
  366  date of birth and social security number, the Medicaid
  367  identification number for Medicaid-eligible persons, the date or
  368  dates of the incident leading to the claim or dates of
  369  residency, if applicable, and the type of injury or violation of
  370  rights alleged to have occurred. Each facility shall also submit
  371  a copy of the notices received pursuant to s. 400.0233(2) and
  372  complaints filed with the clerk of the court. This report is
  373  confidential as provided by law and is not discoverable or
  374  admissible in any civil or administrative action, except in such
  375  actions brought by the agency to enforce the provisions of this
  376  part.
  377         (11)(10) The agency shall review, as part of its licensure
  378  inspection process, the internal risk management and quality
  379  assurance program at each facility regulated by this section to
  380  determine whether the program meets standards established in
  381  statutory laws and rules, is being conducted in a manner
  382  designed to reduce adverse incidents, and is appropriately
  383  reporting incidents as required by this section.
  384         (12)(11) There is no monetary liability on the part of, and
  385  a cause of action for damages may not arise against, any risk
  386  manager for the implementation and oversight of the internal
  387  risk management and quality assurance program in a facility
  388  licensed under this part as required by this section, or for any
  389  act or proceeding undertaken or performed within the scope of
  390  the functions of such internal risk management and quality
  391  assurance program if the risk manager acts without intentional
  392  fraud.
  393         (13)(12) If the agency, through its receipt of the adverse
  394  incident reports prescribed in subsection (7), or through any
  395  investigation, has a reasonable belief that conduct by a staff
  396  member or employee of a facility is grounds for disciplinary
  397  action by the appropriate regulatory board, the agency shall
  398  report this fact to the regulatory board.
  399         (14)(13) The agency may adopt rules to administer this
  400  section.
  401         (14)The agency shall annually submit to the Legislature a
  402  report on nursing home adverse incidents. The report must
  403  include the following information arranged by county:
  404         (a)The total number of adverse incidents.
  405         (b)A listing, by category, of the types of adverse
  406  incidents, the number of incidents occurring within each
  407  category, and the type of staff involved.
  408         (c)A listing, by category, of the types of injury caused
  409  and the number of injuries occurring within each category.
  410         (d)Types of liability claims filed based on an adverse
  411  incident or reportable injury.
  412         (e)Disciplinary action taken against staff, categorized by
  413  type of staff involved.
  414         (15) Information gathered by a credentialing organization
  415  under a quality assurance program is not discoverable from the
  416  credentialing organization. This subsection does not limit
  417  discovery of, access to, or use of facility records, including
  418  those records from which the credentialing organization gathered
  419  its information.
  420         Section 7. Subsection (3) of section 400.162, Florida
  421  Statutes, is amended to read:
  422         400.162 Property and personal affairs of residents.—
  423         (3) A licensee shall provide for the safekeeping of
  424  personal effects, funds, and other property of the resident in
  425  the facility. Whenever necessary for the protection of
  426  valuables, or in order to avoid unreasonable responsibility
  427  therefor, the licensee may require that such valuables be
  428  excluded or removed from the facility and kept at some place not
  429  subject to the control of the licensee. At the request of a
  430  resident, the facility shall mark the resident’s personal
  431  property with the resident’s name or another type of
  432  identification, without defacing the property. Any theft or loss
  433  of a resident’s personal property shall be documented by the
  434  facility. The facility shall develop policies and procedures to
  435  minimize the risk of theft or loss of the personal property of
  436  residents. A copy of the policy shall be provided to every
  437  employee and to each resident and the resident’s representative
  438  if appropriate at admission and when revised. Facility policies
  439  must include provisions related to reporting theft or loss of a
  440  resident’s property to law enforcement and any facility waiver
  441  of liability for loss or theft. The facility shall post notice
  442  of these policies and procedures, and any revision thereof, in
  443  places accessible to residents.
  444         Section 8. Paragraph (d) of subsection (1) of section
  445  400.195, Florida Statutes, is amended to read:
  446         400.195 Agency reporting requirements.—
  447         (1) For the period beginning June 30, 2001, and ending June
  448  30, 2005, the Agency for Health Care Administration shall
  449  provide a report to the Governor, the President of the Senate,
  450  and the Speaker of the House of Representatives with respect to
  451  nursing homes. The first report shall be submitted no later than
  452  December 30, 2002, and subsequent reports shall be submitted
  453  every 6 months thereafter. The report shall identify facilities
  454  based on their ownership characteristics, size, business
  455  structure, for-profit or not-for-profit status, and any other
  456  characteristics the agency determines useful in analyzing the
  457  varied segments of the nursing home industry and shall report: 
  458         (d) Information regarding deficiencies cited, including
  459  information used to develop the Nursing Home Guide WATCH LIST
  460  pursuant to s. 400.191, and applicable rules, a summary of data
  461  generated on nursing homes by Centers for Medicare and Medicaid
  462  Services Nursing Home Quality Information Project, and
  463  information collected pursuant to s. 400.147(10) s. 400.147(9),
  464  relating to litigation.
  465         Section 9. Subsection (3) of section 400.23, Florida
  466  Statutes, is amended to read:
  467         400.23 Rules; evaluation and deficiencies; licensure
  468  status.—
  469         (3)(a)1. The agency shall adopt rules providing minimum
  470  staffing requirements for nursing homes. These requirements
  471  shall include, for each nursing home facility:
  472         a. A minimum certified nursing assistant staffing of 2.6
  473  hours of direct care per resident per day beginning January 1,
  474  2003, and increasing to 2.7 hours of direct care per resident
  475  per day beginning January 1, 2007. Beginning January 1, 2002, no
  476  facility shall staff below one certified nursing assistant per
  477  20 residents, and a minimum licensed nursing staffing of 1.0
  478  hour of direct care per resident per day but never below one
  479  licensed nurse per 40 residents.
  480         b. Beginning January 1, 2007, a minimum weekly average
  481  certified nursing assistant staffing of 2.9 hours of direct care
  482  per resident per day. For the purpose of this sub-subparagraph,
  483  a week is defined as Sunday through Saturday.
  484         2. Nursing assistants employed under s. 400.211(2) may be
  485  included in computing the staffing ratio for certified nursing
  486  assistants only if their job responsibilities include only
  487  nursing-assistant-related duties.
  488         3. Each nursing home must document compliance with staffing
  489  standards as required under this paragraph and post daily the
  490  names of staff on duty for the benefit of facility residents and
  491  the public.
  492         4. The agency shall recognize the use of licensed nurses
  493  for compliance with minimum staffing requirements for certified
  494  nursing assistants, provided that the facility otherwise meets
  495  the minimum staffing requirements for licensed nurses and that
  496  the licensed nurses are performing the duties of a certified
  497  nursing assistant. Unless otherwise approved by the agency,
  498  licensed nurses counted toward the minimum staffing requirements
  499  for certified nursing assistants must exclusively perform the
  500  duties of a certified nursing assistant for the entire shift and
  501  not also be counted toward the minimum staffing requirements for
  502  licensed nurses. If the agency approved a facility’s request to
  503  use a licensed nurse to perform both licensed nursing and
  504  certified nursing assistant duties, the facility must allocate
  505  the amount of staff time specifically spent on certified nursing
  506  assistant duties for the purpose of documenting compliance with
  507  minimum staffing requirements for certified and licensed nursing
  508  staff. In no event may the hours of a licensed nurse with dual
  509  job responsibilities be counted twice.
  510         (b) The agency shall adopt rules to allow properly trained
  511  staff of a nursing facility, in addition to certified nursing
  512  assistants and licensed nurses, to assist residents with eating.
  513  The rules shall specify the minimum training requirements and
  514  shall specify the physiological conditions or disorders of
  515  residents which would necessitate that the eating assistance be
  516  provided by nursing personnel of the facility. Nonnursing staff
  517  providing eating assistance to residents under the provisions of
  518  this subsection shall not count toward compliance with minimum
  519  staffing standards.
  520         (c) Licensed practical nurses licensed under chapter 464
  521  who are providing nursing services in nursing home facilities
  522  under this part may supervise the activities of other licensed
  523  practical nurses, certified nursing assistants, and other
  524  unlicensed personnel providing services in such facilities in
  525  accordance with rules adopted by the Board of Nursing.
  526         Section 10. Paragraph (a) of subsection (15) of section
  527  400.506, Florida Statutes, is amended to read:
  528         400.506 Licensure of nurse registries; requirements;
  529  penalties.—
  530         (15)(a) The agency may deny, suspend, or revoke the license
  531  of a nurse registry and shall impose a fine of $5,000 against a
  532  nurse registry that:
  533         1. Provides services to residents in an assisted living
  534  facility for which the nurse registry does not receive fair
  535  market value remuneration.
  536         2. Provides staffing to an assisted living facility for
  537  which the nurse registry does not receive fair market value
  538  remuneration.
  539         3. Fails to provide the agency, upon request, with copies
  540  of all contracts with assisted living facilities which were
  541  executed within the last 5 years.
  542         4. Gives remuneration to a case manager, discharge planner,
  543  facility-based staff member, or third-party vendor who is
  544  involved in the discharge planning process of a facility
  545  licensed under chapter 395 or this chapter and from whom the
  546  nurse registry receives referrals, except that this subparagraph
  547  does not apply to a nurse registry that does not participate in
  548  the Medicaid or Medicare program.
  549         5. Gives remuneration to a physician, a member of the
  550  physician’s office staff, or an immediate family member of the
  551  physician, and the nurse registry received a patient referral in
  552  the last 12 months from that physician or the physician’s office
  553  staff, except that this subparagraph does not apply to a nurse
  554  registry that does not participate in the Medicaid or Medicare
  555  program.
  556         Section 11. Paragraph (a) of subsection (7) of section
  557  400.9935, Florida Statutes, is amended to read:
  558         400.9935 Clinic responsibilities.—
  559         (7)(a) Each clinic engaged in magnetic resonance imaging
  560  services must be accredited by the Joint Commission on
  561  Accreditation of Healthcare Organizations, the American College
  562  of Radiology, or the Accreditation Association for Ambulatory
  563  Health Care, within 1 year after licensure. A clinic that is
  564  accredited by the American College of Radiology or is within the
  565  original 1-year period after licensure and replaces its core
  566  magnetic resonance imaging equipment shall be given 1 year after
  567  the date on which the equipment is replaced to attain
  568  accreditation. However, a clinic may request a single, 6-month
  569  extension if it provides evidence to the agency establishing
  570  that, for good cause shown, such clinic cannot can not be
  571  accredited within 1 year after licensure, and that such
  572  accreditation will be completed within the 6-month extension.
  573  After obtaining accreditation as required by this subsection,
  574  each such clinic must maintain accreditation as a condition of
  575  renewal of its license. A clinic that files a change of
  576  ownership application must comply with the original
  577  accreditation timeframe requirements of the transferor. The
  578  agency shall deny a change of ownership application if the
  579  clinic is not in compliance with the accreditation requirements.
  580  When a clinic adds, replaces, or modifies magnetic resonance
  581  imaging equipment and the accreditation agency requires new
  582  accreditation, the clinic must be accredited within 1 year after
  583  the date of the addition, replacement, or modification but may
  584  request a single, 6-month extension if the clinic provides
  585  evidence of good cause to the agency.
  586         Section 12. Subsection (6) of section 400.995, Florida
  587  Statutes, is amended to read:
  588         400.995 Agency administrative penalties.—
  589         (6) During an inspection, the agency, as an alternative to
  590  or in conjunction with an administrative action against a clinic
  591  for violations of this part and adopted rules, shall make a
  592  reasonable attempt to discuss each violation and recommended
  593  corrective action with the owner, medical director, or clinic
  594  director of the clinic, prior to written notification. The
  595  agency, instead of fixing a period within which the clinic shall
  596  enter into compliance with standards, may request a plan of
  597  corrective action from the clinic which demonstrates a good
  598  faith effort to remedy each violation by a specific date,
  599  subject to the approval of the agency.
  600         Section 13. Subsections (5) and (9) of section 408.803,
  601  Florida Statutes, are amended to read:
  602         408.803 Definitions.—As used in this part, the term:
  603         (5) “Change of ownership” means:
  604         (a) An event in which the licensee sells or otherwise
  605  transfers its ownership changes to a different individual or
  606  legal entity as evidenced by a change in federal employer
  607  identification number or taxpayer identification number; or
  608         (b)An event in which 51 45 percent or more of the
  609  ownership, voting shares, membership, or controlling interest of
  610  a licensee is in any manner transferred or otherwise assigned.
  611  This paragraph does not apply to a licensee that is publicly
  612  traded on a recognized stock exchange in a corporation whose
  613  shares are not publicly traded on a recognized stock exchange is
  614  transferred or assigned, including the final transfer or
  615  assignment of multiple transfers or assignments over a 2-year
  616  period that cumulatively total 45 percent or greater.
  617  
  618  A change solely in the management company or board of directors
  619  is not a change of ownership.
  620         (9) “Licensee” means an individual, corporation,
  621  partnership, firm, association, or governmental entity, or other
  622  entity that is issued a permit, registration, certificate, or
  623  license by the agency. The licensee is legally responsible for
  624  all aspects of the provider operation.
  625         Section 14. Paragraph (a) of subsection (1), subsection
  626  (2), paragraph (c) of subsection (7), and subsection (8) of
  627  section 408.806, Florida Statutes, are amended to read:
  628         408.806 License application process.—
  629         (1) An application for licensure must be made to the agency
  630  on forms furnished by the agency, submitted under oath, and
  631  accompanied by the appropriate fee in order to be accepted and
  632  considered timely. The application must contain information
  633  required by authorizing statutes and applicable rules and must
  634  include:
  635         (a) The name, address, and social security number of:
  636         1. The applicant;
  637         2.The administrator or a similarly titled person who is
  638  responsible for the day-to-day operation of the provider;
  639         3.The financial officer or similarly titled person who is
  640  responsible for the financial operation of the licensee or
  641  provider; and
  642         4. Each controlling interest if the applicant or
  643  controlling interest is an individual.
  644         (2)(a) The applicant for a renewal license must submit an
  645  application that must be received by the agency at least 60 days
  646  but no more than 120 days before prior to the expiration of the
  647  current license. An application received more than 120 days
  648  before the expiration of the current license shall be returned
  649  to the applicant. If the renewal application and fee are
  650  received prior to the license expiration date, the license shall
  651  not be deemed to have expired if the license expiration date
  652  occurs during the agency’s review of the renewal application.
  653         (b) The applicant for initial licensure due to a change of
  654  ownership must submit an application that must be received by
  655  the agency at least 60 days prior to the date of change of
  656  ownership.
  657         (c) For any other application or request, the applicant
  658  must submit an application or request that must be received by
  659  the agency at least 60 days but no more than 120 days before
  660  prior to the requested effective date, unless otherwise
  661  specified in authorizing statutes or applicable rules. An
  662  application received more than 120 days before the requested
  663  effective date shall be returned to the applicant.
  664         (d) The agency shall notify the licensee by mail or
  665  electronically at least 90 days before prior to the expiration
  666  of a license that a renewal license is necessary to continue
  667  operation. The failure to timely submit a renewal application
  668  and license fee shall result in a $50 per day late fee charged
  669  to the licensee by the agency; however, the aggregate amount of
  670  the late fee may not exceed 50 percent of the licensure fee or
  671  $500, whichever is less. If an application is received after the
  672  required filing date and exhibits a hand-canceled postmark
  673  obtained from a United States post office dated on or before the
  674  required filing date, no fine will be levied.
  675         (7)
  676         (c) If an inspection is required by the authorizing statute
  677  for a license application other than an initial application, the
  678  inspection must be unannounced. This paragraph does not apply to
  679  inspections required pursuant to ss. 383.324, 395.0161(4),
  680  429.67(6), and 483.061(2).
  681         (8) The agency may establish procedures for the electronic
  682  notification and submission of required information, including,
  683  but not limited to:
  684         (a) Licensure applications.
  685         (b) Required signatures.
  686         (c) Payment of fees.
  687         (d) Notarization of applications.
  688  
  689  Requirements for electronic submission of any documents required
  690  by this part or authorizing statutes may be established by rule.
  691  As an alternative to sending documents as required by
  692  authorizing statutes, the agency may provide electronic access
  693  to information or documents.
  694         Section 15. Subsection (2) of section 408.808, Florida
  695  Statutes, is amended to read:
  696         408.808 License categories.—
  697         (2) PROVISIONAL LICENSE.—A provisional license may be
  698  issued to an applicant pursuant to s. 408.809(3). An applicant
  699  against whom a proceeding denying or revoking a license is
  700  pending at the time of license renewal may be issued a
  701  provisional license effective until final action not subject to
  702  further appeal. A provisional license may also be issued to an
  703  applicant applying for a change of ownership. A provisional
  704  license shall be limited in duration to a specific period of
  705  time, not to exceed 12 months, as determined by the agency.
  706         Section 16. Subsection (5) of section 408.809, Florida
  707  Statutes, is amended, and subsection (6) is added to that
  708  section, to read:
  709         408.809 Background screening; prohibited offenses.—
  710         (5) Effective October 1, 2009, in addition to the offenses
  711  listed in ss. 435.03 and 435.04, all persons required to undergo
  712  background screening pursuant to this part or authorizing
  713  statutes must not have been found guilty of, regardless of
  714  adjudication, or entered a plea of nolo contendere or guilty to,
  715  any of the following offenses or any similar offense of another
  716  jurisdiction:
  717         (a)Any authorizing statutes, if the offense was a felony.
  718         (b)This chapter, if the offense was a felony.
  719         (c)Section 409.920, relating to Medicaid provider fraud,
  720  if the offense was a felony.
  721         (d)Section 409.9201, relating to Medicaid fraud, if the
  722  offense was a felony.
  723         (e)Section 741.28, relating to domestic violence.
  724         (f)Chapter 784, relating to assault, battery, and culpable
  725  negligence, if the offense was a felony.
  726         (g)Section 810.02, relating to burglary.
  727         (h)Section 817.034, relating to fraudulent acts through
  728  mail, wire, radio, electromagnetic, photoelectronic, or
  729  photooptical systems.
  730         (i)Section 817.234, relating to false and fraudulent
  731  insurance claims.
  732         (j)Section 817.505, relating to patient brokering.
  733         (k)Section 817.568, relating to criminal use of personal
  734  identification information.
  735         (l)Section 817.60, relating to obtaining a credit card
  736  through fraudulent means.
  737         (m)Section 817.61, relating to fraudulent use of credit
  738  cards, if the offense was a felony.
  739         (n)Section 831.01, relating to forgery.
  740         (o)Section 831.02, relating to uttering forged
  741  instruments.
  742         (p)Section 831.07, relating to forging bank bills, checks,
  743  drafts, or promissory notes.
  744         (q)Section 831.09, relating to uttering forged bank bills,
  745  checks, drafts, or promissory notes.
  746         (r)Section 831.30, relating to fraud in obtaining
  747  medicinal drugs.
  748         (s)Section 831.31, relating to the sale, manufacture,
  749  delivery, or possession with the intent to sell, manufacture, or
  750  deliver any counterfeit controlled substance, if the offense was
  751  a felony.
  752  
  753  A person who serves as a controlling interest of or is employed
  754  by a licensee on September 30, 2009, is not required by law to
  755  submit to rescreening if that licensee has in its possession
  756  written evidence that the person has been screened and qualified
  757  according to the standards specified in s. 435.03 or s. 435.04.
  758  However, if such person has a disqualifying offense listed in
  759  this section, he or she may apply for an exemption from the
  760  appropriate licensing agency before September 30, 2009, and if
  761  agreed to by the employer, may continue to perform his or her
  762  duties until the licensing agency renders a decision on the
  763  application for exemption for offenses listed in this section.
  764  Exemptions from disqualification may be granted pursuant to s.
  765  435.07. Background screening is not required to obtain a
  766  certificate of exemption issued under s. 483.106.
  767         (6)The attestations required under ss. 435.04(5) and
  768  435.05(3) must be submitted at the time of license renewal,
  769  notwithstanding the provisions of ss. 435.04(5) and 435.05(3)
  770  which require annual submission of an affidavit of compliance
  771  with background screening requirements.
  772         Section 17. Subsection (3) of section 408.810, Florida
  773  Statutes, is amended to read:
  774         408.810 Minimum licensure requirements.—In addition to the
  775  licensure requirements specified in this part, authorizing
  776  statutes, and applicable rules, each applicant and licensee must
  777  comply with the requirements of this section in order to obtain
  778  and maintain a license.
  779         (3) Unless otherwise specified in this part, authorizing
  780  statutes, or applicable rules, any information required to be
  781  reported to the agency must be submitted within 21 calendar days
  782  after the report period or effective date of the information,
  783  whichever is earlier, including, but not limited to, any change
  784  of:
  785         (a)Information contained in the most recent application
  786  for licensure.
  787         (b)Required insurance or bonds.
  788         Section 18. Section 408.811, Florida Statutes, is amended
  789  to read:
  790         408.811 Right of inspection; copies; inspection reports;
  791  plan for correction of deficiencies.—
  792         (1) An authorized officer or employee of the agency may
  793  make or cause to be made any inspection or investigation deemed
  794  necessary by the agency to determine the state of compliance
  795  with this part, authorizing statutes, and applicable rules. The
  796  right of inspection extends to any business that the agency has
  797  reason to believe is being operated as a provider without a
  798  license, but inspection of any business suspected of being
  799  operated without the appropriate license may not be made without
  800  the permission of the owner or person in charge unless a warrant
  801  is first obtained from a circuit court. Any application for a
  802  license issued under this part, authorizing statutes, or
  803  applicable rules constitutes permission for an appropriate
  804  inspection to verify the information submitted on or in
  805  connection with the application.
  806         (a) All inspections shall be unannounced, except as
  807  specified in s. 408.806.
  808         (b) Inspections for relicensure shall be conducted
  809  biennially unless otherwise specified by authorizing statutes or
  810  applicable rules.
  811         (2) Inspections conducted in conjunction with
  812  certification, comparable licensure requirements, or a
  813  recognized or approved accreditation organization may be
  814  accepted in lieu of a complete licensure inspection. However, a
  815  licensure inspection may also be conducted to review any
  816  licensure requirements that are not also requirements for
  817  certification.
  818         (3) The agency shall have access to and the licensee shall
  819  provide, or if requested send, copies of all provider records
  820  required during an inspection or other review at no cost to the
  821  agency, including records requested during an offsite review.
  822         (4)A deficiency must be corrected within 30 calendar days
  823  after the provider is notified of inspection results unless an
  824  alternative timeframe is required or approved by the agency.
  825         (5)The agency may require an applicant or licensee to
  826  submit a plan of correction for deficiencies. If required, the
  827  plan of correction must be filed with the agency within 10
  828  calendar days after notification unless an alternative timeframe
  829  is required.
  830         (6)(a)(4)(a) Each licensee shall maintain as public
  831  information, available upon request, records of all inspection
  832  reports pertaining to that provider that have been filed by the
  833  agency unless those reports are exempt from or contain
  834  information that is exempt from s. 119.07(1) and s. 24(a), Art.
  835  I of the State Constitution or is otherwise made confidential by
  836  law. Effective October 1, 2006, copies of such reports shall be
  837  retained in the records of the provider for at least 3 years
  838  following the date the reports are filed and issued, regardless
  839  of a change of ownership.
  840         (b) A licensee shall, upon the request of any person who
  841  has completed a written application with intent to be admitted
  842  by such provider, any person who is a client of such provider,
  843  or any relative, spouse, or guardian of any such person, furnish
  844  to the requester a copy of the last inspection report pertaining
  845  to the licensed provider that was issued by the agency or by an
  846  accrediting organization if such report is used in lieu of a
  847  licensure inspection.
  848         Section 19. Section 408.813, Florida Statutes, is amended
  849  to read:
  850         408.813 Administrative fines; violations.—As a penalty for
  851  any violation of this part, authorizing statutes, or applicable
  852  rules, the agency may impose an administrative fine.
  853         (1) Unless the amount or aggregate limitation of the fine
  854  is prescribed by authorizing statutes or applicable rules, the
  855  agency may establish criteria by rule for the amount or
  856  aggregate limitation of administrative fines applicable to this
  857  part, authorizing statutes, and applicable rules. Each day of
  858  violation constitutes a separate violation and is subject to a
  859  separate fine. For fines imposed by final order of the agency
  860  and not subject to further appeal, the violator shall pay the
  861  fine plus interest at the rate specified in s. 55.03 for each
  862  day beyond the date set by the agency for payment of the fine.
  863         (2)Violations of this part, authorizing statutes, or
  864  applicable rules shall be classified according to the nature of
  865  the violation and the gravity of its probable effect on clients.
  866  The scope of a violation may be cited as an isolated, patterned,
  867  or widespread deficiency. An isolated deficiency is a deficiency
  868  affecting one or a very limited number of clients, or involving
  869  one or a very limited number of staff, or a situation that
  870  occurred only occasionally or in a very limited number of
  871  locations. A patterned deficiency is a deficiency in which more
  872  than a very limited number of clients are affected, or more than
  873  a very limited number of staff are involved, or the situation
  874  has occurred in several locations, or the same client or clients
  875  have been affected by repeated occurrences of the same deficient
  876  practice but the effect of the deficient practice is not found
  877  to be pervasive throughout the provider. A widespread deficiency
  878  is a deficiency in which the problems causing the deficiency are
  879  pervasive in the provider or represent systemic failure that has
  880  affected or has the potential to affect a large portion of the
  881  provider’s clients. This subsection does not affect the
  882  legislative determination of the amount of a fine imposed under
  883  authorizing statutes. Violations shall be classified on the
  884  written notice as follows:
  885         (a)Class “I” violations are those conditions or
  886  occurrences related to the operation and maintenance of a
  887  provider or to the care of clients which the agency determines
  888  present an imminent danger to the clients of the provider or a
  889  substantial probability that death or serious physical or
  890  emotional harm would result therefrom. The condition or practice
  891  constituting a class I violation shall be abated or eliminated
  892  within 24 hours, unless a fixed period, as determined by the
  893  agency, is required for correction. The agency shall impose an
  894  administrative fine as provided by law for a cited class I
  895  violation. A fine shall be levied notwithstanding the correction
  896  of the violation.
  897         (b)Class “II” violations are those conditions or
  898  occurrences related to the operation and maintenance of a
  899  provider or to the care of clients which the agency determines
  900  directly threaten the physical or emotional health, safety, or
  901  security of the clients, other than class I violations. The
  902  agency shall impose an administrative fine as provided by law
  903  for a cited class II violation. A fine shall be levied
  904  notwithstanding the correction of the violation.
  905         (c)Class “III” violations are those conditions or
  906  occurrences related to the operation and maintenance of a
  907  provider or to the care of clients which the agency determines
  908  indirectly or potentially threaten the physical or emotional
  909  health, safety, or security of clients, other than class I or
  910  class II violations. The agency shall impose an administrative
  911  fine as provided in this section for a cited class III
  912  violation. A citation for a class III violation must specify the
  913  time within which the violation is required to be corrected. If
  914  a class III violation is corrected within the time specified, a
  915  fine may not be imposed.
  916         (d)Class “IV” violations are those conditions or
  917  occurrences related to the operation and maintenance of a
  918  provider or to required reports, forms, or documents that do not
  919  have the potential of negatively affecting clients. These
  920  violations are of a type that the agency determines do not
  921  threaten the health, safety, or security of clients. The agency
  922  shall impose an administrative fine as provided in this section
  923  for a cited class IV violation. A citation for a class IV
  924  violation must specify the time within which the violation is
  925  required to be corrected. If a class IV violation is corrected
  926  within the time specified, a fine may not be imposed.
  927         Section 20. Subsections (11), (12), (13), (14), (15), (16),
  928  (17), (18), (19), (20), (21), (22), (23), (24), (25), (26),
  929  (27), (28), and (29) of section 408.820, Florida Statutes, are
  930  amended to read:
  931         408.820 Exemptions.—Except as prescribed in authorizing
  932  statutes, the following exemptions shall apply to specified
  933  requirements of this part:
  934         (11)Private review agents, as provided under part I of
  935  chapter 395, are exempt from ss. 408.806(7), 408.810, and
  936  408.811.
  937         (11)(12) Health care risk managers, as provided under part
  938  I of chapter 395, are exempt from ss. 408.806(7), 408.810(4)
  939  (10) 408.810, and 408.811.
  940         (12)(13) Nursing homes, as provided under part II of
  941  chapter 400, are exempt from s. 408.810(7).
  942         (13)(14) Assisted living facilities, as provided under part
  943  I of chapter 429, are exempt from s. 408.810(10).
  944         (14)(15) Home health agencies, as provided under part III
  945  of chapter 400, are exempt from s. 408.810(10).
  946         (15)(16) Nurse registries, as provided under part III of
  947  chapter 400, are exempt from s. 408.810(6) and (10).
  948         (16)(17) Companion services or homemaker services
  949  providers, as provided under part III of chapter 400, are exempt
  950  from s. 408.810(6)-(10).
  951         (17)(18) Adult day care centers, as provided under part III
  952  of chapter 429, are exempt from s. 408.810(10).
  953         (18)(19) Adult family-care homes, as provided under part II
  954  of chapter 429, are exempt from s. 408.810(7)-(10).
  955         (18)(20) Homes for special services, as provided under part
  956  V of chapter 400, are exempt from s. 408.810(7)-(10).
  957         (20)(21) Transitional living facilities, as provided under
  958  part V of chapter 400, are exempt from s. 408.810(10) s.
  959  408.810(7)-(10).
  960         (21)(22) Prescribed pediatric extended care centers, as
  961  provided under part VI of chapter 400, are exempt from s.
  962  408.810(10).
  963         (22)(23) Home medical equipment providers, as provided
  964  under part VII of chapter 400, are exempt from s. 408.810(10).
  965         (23)(24) Intermediate care facilities for persons with
  966  developmental disabilities, as provided under part VIII of
  967  chapter 400, are exempt from s. 408.810(7).
  968         (24)(25) Health care services pools, as provided under part
  969  IX of chapter 400, are exempt from s. 408.810(6)-(10).
  970         (25)(26) Health care clinics, as provided under part X of
  971  chapter 400, are exempt from s. 408.810(6), (7), (10) ss.
  972  408.809 and 408.810(1), (6), (7), and (10).
  973         (26)(27) Clinical laboratories, as provided under part I of
  974  chapter 483, are exempt from s. 408.810(5)-(10).
  975         (27)(28) Multiphasic health testing centers, as provided
  976  under part II of chapter 483, are exempt from s. 408.810(5)
  977  (10).
  978         (28)(29) Organ and tissue procurement agencies, as provided
  979  under chapter 765, are exempt from s. 408.810(5)-(10).
  980         Section 21. Section 408.821, Florida Statutes, is created
  981  to read:
  982         408.821Emergency management planning; emergency
  983  operations; inactive license.—
  984         (1)A licensee required by authorizing statutes to have an
  985  emergency operations plan must designate a safety liaison to
  986  serve as the primary contact for emergency operations.
  987         (2)An entity subject to this part may temporarily exceed
  988  its licensed capacity to act as a receiving provider in
  989  accordance with an approved emergency operations plan for up to
  990  15 days. While in an overcapacity status, each provider must
  991  furnish or arrange for appropriate care and services to all
  992  clients. In addition, the agency may approve requests for
  993  overcapacity in excess of 15 days, which approvals may be based
  994  upon satisfactory justification and need as provided by the
  995  receiving and sending providers.
  996         (3)(a)An inactive license may be issued to a licensee
  997  subject to this section when the provider is located in a
  998  geographic area in which a state of emergency was declared by
  999  the Governor if the provider:
 1000         1.Suffered damage to its operation during the state of
 1001  emergency.
 1002         2.Is currently licensed.
 1003         3.Does not have a provisional license.
 1004         4.Will be temporarily unable to provide services but is
 1005  reasonably expected to resume services within 12 months.
 1006         (b)An inactive license may be issued for a period not to
 1007  exceed 12 months but may be renewed by the agency for up to 12
 1008  additional months upon demonstration to the agency of progress
 1009  toward reopening. A request by a licensee for an inactive
 1010  license or to extend the previously approved inactive period
 1011  must be submitted in writing to the agency, accompanied by
 1012  written justification for the inactive license, which states the
 1013  beginning and ending dates of inactivity and includes a plan for
 1014  the transfer of any clients to other providers and appropriate
 1015  licensure fees. Upon agency approval, the licensee shall notify
 1016  clients of any necessary discharge or transfer as required by
 1017  authorizing statutes or applicable rules. The beginning of the
 1018  inactive licensure period shall be the date the provider ceases
 1019  operations. The end of the inactive period shall become the
 1020  license expiration date, and all licensure fees must be current,
 1021  must be paid in full, and may be prorated. Reactivation of an
 1022  inactive license requires the prior approval by the agency of a
 1023  renewal application, including payment of licensure fees and
 1024  agency inspections indicating compliance with all requirements
 1025  of this part and applicable rules and statutes.
 1026         (4)The agency may adopt rules relating to emergency
 1027  management planning, communications, and operations. Licensees
 1028  providing residential or inpatient services must utilize an
 1029  online database approved by the agency to report information to
 1030  the agency regarding the provider’s emergency status, planning,
 1031  or operations.
 1032         Section 22. Section 408.831, Florida Statutes, is amended
 1033  to read:
 1034         408.831 Denial, suspension, or revocation of a license,
 1035  registration, certificate, or application.—
 1036         (1) In addition to any other remedies provided by law, the
 1037  agency may deny each application or suspend or revoke each
 1038  license, registration, or certificate of entities regulated or
 1039  licensed by it:
 1040         (a) If the applicant, licensee, or a licensee subject to
 1041  this part which shares a common controlling interest with the
 1042  applicant has failed to pay all outstanding fines, liens, or
 1043  overpayments assessed by final order of the agency or final
 1044  order of the Centers for Medicare and Medicaid Services, not
 1045  subject to further appeal, unless a repayment plan is approved
 1046  by the agency; or
 1047         (b) For failure to comply with any repayment plan.
 1048         (2) In reviewing any application requesting a change of
 1049  ownership or change of the licensee, registrant, or
 1050  certificateholder, the transferor shall, prior to agency
 1051  approval of the change, repay or make arrangements to repay any
 1052  amounts owed to the agency. Should the transferor fail to repay
 1053  or make arrangements to repay the amounts owed to the agency,
 1054  the issuance of a license, registration, or certificate to the
 1055  transferee shall be delayed until repayment or until
 1056  arrangements for repayment are made.
 1057         (3)An entity subject to this section may exceed its
 1058  licensed capacity to act as a receiving facility in accordance
 1059  with an emergency operations plan for clients of evacuating
 1060  providers from a geographic area where an evacuation order has
 1061  been issued by a local authority having jurisdiction. While in
 1062  an overcapacity status, each provider must furnish or arrange
 1063  for appropriate care and services to all clients. In addition,
 1064  the agency may approve requests for overcapacity beyond 15 days,
 1065  which approvals may be based upon satisfactory justification and
 1066  need as provided by the receiving and sending facilities.
 1067         (4)(a)An inactive license may be issued to a licensee
 1068  subject to this section when the provider is located in a
 1069  geographic area where a state of emergency was declared by the
 1070  Governor if the provider:
 1071         1.Suffered damage to its operation during that state of
 1072  emergency.
 1073         2.Is currently licensed.
 1074         3.Does not have a provisional license.
 1075         4.Will be temporarily unable to provide services but is
 1076  reasonably expected to resume services within 12 months.
 1077         (b)An inactive license may be issued for a period not to
 1078  exceed 12 months but may be renewed by the agency for up to 12
 1079  additional months upon demonstration to the agency of progress
 1080  toward reopening. A request by a licensee for an inactive
 1081  license or to extend the previously approved inactive period
 1082  must be submitted in writing to the agency, accompanied by
 1083  written justification for the inactive license, which states the
 1084  beginning and ending dates of inactivity and includes a plan for
 1085  the transfer of any clients to other providers and appropriate
 1086  licensure fees. Upon agency approval, the licensee shall notify
 1087  clients of any necessary discharge or transfer as required by
 1088  authorizing statutes or applicable rules. The beginning of the
 1089  inactive licensure period shall be the date the provider ceases
 1090  operations. The end of the inactive period shall become the
 1091  licensee expiration date, and all licensure fees must be
 1092  current, paid in full, and may be prorated. Reactivation of an
 1093  inactive license requires the prior approval by the agency of a
 1094  renewal application, including payment of licensure fees and
 1095  agency inspections indicating compliance with all requirements
 1096  of this part and applicable rules and statutes.
 1097         (3)(5) This section provides standards of enforcement
 1098  applicable to all entities licensed or regulated by the Agency
 1099  for Health Care Administration. This section controls over any
 1100  conflicting provisions of chapters 39, 383, 390, 391, 394, 395,
 1101  400, 408, 429, 468, 483, and 765 or rules adopted pursuant to
 1102  those chapters.
 1103         Section 23. Paragraph (e) of subsection (4) of section
 1104  409.221, Florida Statutes, is amended to read:
 1105         409.221 Consumer-directed care program.—
 1106         (4) CONSUMER-DIRECTED CARE.—
 1107         (e) Services.—Consumers shall use the budget allowance only
 1108  to pay for home and community-based services that meet the
 1109  consumer’s long-term care needs and are a cost-efficient use of
 1110  funds. Such services may include, but are not limited to, the
 1111  following:
 1112         1. Personal care.
 1113         2. Homemaking and chores, including housework, meals,
 1114  shopping, and transportation.
 1115         3. Home modifications and assistive devices which may
 1116  increase the consumer’s independence or make it possible to
 1117  avoid institutional placement.
 1118         4. Assistance in taking self-administered medication.
 1119         5. Day care and respite care services, including those
 1120  provided by nursing home facilities pursuant to s. 400.141(1)(f)
 1121  s. 400.141(6) or by adult day care facilities licensed pursuant
 1122  to s. 429.907.
 1123         6. Personal care and support services provided in an
 1124  assisted living facility.
 1125         Section 24. Subsection (5) of section 409.901, Florida
 1126  Statutes, is amended to read:
 1127         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1128  409.901-409.920, except as otherwise specifically provided, the
 1129  term:
 1130         (5) “Change of ownership” means:
 1131         (a) An event in which the provider ownership changes to a
 1132  different individual legal entity as evidenced by a change in
 1133  federal employer identification number or taxpayer
 1134  identification number; or
 1135         (b)An event in which 51 45 percent or more of the
 1136  ownership, voting shares, membership, or controlling interest of
 1137  a provider is in any manner transferred or otherwise assigned.
 1138  This paragraph does not apply to a licensee that is publicly
 1139  traded on a recognized stock exchange; or
 1140         (c)When the provider is licensed or registered by the
 1141  agency, an event considered a change of ownership for licensure
 1142  as defined in s. 408.803 in a corporation whose shares are not
 1143  publicly traded on a recognized stock exchange is transferred or
 1144  assigned, including the final transfer or assignment of multiple
 1145  transfers or assignments over a 2-year period that cumulatively
 1146  total 45 percent or more.
 1147  
 1148  A change solely in the management company or board of directors
 1149  is not a change of ownership.
 1150         Section 25. Section 429.071, Florida Statutes, is repealed.
 1151         Section 26. Paragraph (e) of subsection (1) and subsections
 1152  (2) and (3) of section 429.08, Florida Statutes, are amended to
 1153  read:
 1154         429.08 Unlicensed facilities; referral of person for
 1155  residency to unlicensed facility; penalties; verification of
 1156  licensure status.—
 1157         (1)
 1158         (e) The agency shall publish provide to the department’s
 1159  elder information and referral providers a list, by county, of
 1160  licensed assisted living facilities, to assist persons who are
 1161  considering an assisted living facility placement in locating a
 1162  licensed facility. This information may be provided
 1163  electronically or through the agency’s Internet site.
 1164         (2)Each field office of the Agency for Health Care
 1165  Administration shall establish a local coordinating workgroup
 1166  which includes representatives of local law enforcement
 1167  agencies, state attorneys, the Medicaid Fraud Control Unit of
 1168  the Department of Legal Affairs, local fire authorities, the
 1169  Department of Children and Family Services, the district long
 1170  term care ombudsman council, and the district human rights
 1171  advocacy committee to assist in identifying the operation of
 1172  unlicensed facilities and to develop and implement a plan to
 1173  ensure effective enforcement of state laws relating to such
 1174  facilities. The workgroup shall report its findings, actions,
 1175  and recommendations semiannually to the Director of Health
 1176  Quality Assurance of the agency.
 1177         (2)(3) It is unlawful to knowingly refer a person for
 1178  residency to an unlicensed assisted living facility; to an
 1179  assisted living facility the license of which is under denial or
 1180  has been suspended or revoked; or to an assisted living facility
 1181  that has a moratorium pursuant to part II of chapter 408. Any
 1182  person who violates this subsection commits a noncriminal
 1183  violation, punishable by a fine not exceeding $500 as provided
 1184  in s. 775.083.
 1185         (a) Any health care practitioner, as defined in s. 456.001,
 1186  who is aware of the operation of an unlicensed facility shall
 1187  report that facility to the agency. Failure to report a facility
 1188  that the practitioner knows or has reasonable cause to suspect
 1189  is unlicensed shall be reported to the practitioner’s licensing
 1190  board.
 1191         (b) Any provider as defined in s. 408.803 hospital or
 1192  community mental health center licensed under chapter 395 or
 1193  chapter 394 which knowingly discharges a patient or client to an
 1194  unlicensed facility is subject to sanction by the agency.
 1195         (c) Any employee of the agency or department, or the
 1196  Department of Children and Family Services, who knowingly refers
 1197  a person for residency to an unlicensed facility; to a facility
 1198  the license of which is under denial or has been suspended or
 1199  revoked; or to a facility that has a moratorium pursuant to part
 1200  II of chapter 408 is subject to disciplinary action by the
 1201  agency or department, or the Department of Children and Family
 1202  Services.
 1203         (d) The employer of any person who is under contract with
 1204  the agency or department, or the Department of Children and
 1205  Family Services, and who knowingly refers a person for residency
 1206  to an unlicensed facility; to a facility the license of which is
 1207  under denial or has been suspended or revoked; or to a facility
 1208  that has a moratorium pursuant to part II of chapter 408 shall
 1209  be fined and required to prepare a corrective action plan
 1210  designed to prevent such referrals.
 1211         (e)The agency shall provide the department and the
 1212  Department of Children and Family Services with a list of
 1213  licensed facilities within each county and shall update the list
 1214  at least quarterly.
 1215         (f)At least annually, the agency shall notify, in
 1216  appropriate trade publications, physicians licensed under
 1217  chapter 458 or chapter 459, hospitals licensed under chapter
 1218  395, nursing home facilities licensed under part II of chapter
 1219  400, and employees of the agency or the department, or the
 1220  Department of Children and Family Services, who are responsible
 1221  for referring persons for residency, that it is unlawful to
 1222  knowingly refer a person for residency to an unlicensed assisted
 1223  living facility and shall notify them of the penalty for
 1224  violating such prohibition. The department and the Department of
 1225  Children and Family Services shall, in turn, notify service
 1226  providers under contract to the respective departments who have
 1227  responsibility for resident referrals to facilities. Further,
 1228  the notice must direct each noticed facility and individual to
 1229  contact the appropriate agency office in order to verify the
 1230  licensure status of any facility prior to referring any person
 1231  for residency. Each notice must include the name, telephone
 1232  number, and mailing address of the appropriate office to
 1233  contact.
 1234         Section 27. Paragraph (e) of subsection (1) of section
 1235  429.14, Florida Statutes, is amended to read:
 1236         429.14 Administrative penalties.—
 1237         (1) In addition to the requirements of part II of chapter
 1238  408, the agency may deny, revoke, and suspend any license issued
 1239  under this part and impose an administrative fine in the manner
 1240  provided in chapter 120 against a licensee of an assisted living
 1241  facility for a violation of any provision of this part, part II
 1242  of chapter 408, or applicable rules, or for any of the following
 1243  actions by a licensee of an assisted living facility, for the
 1244  actions of any person subject to level 2 background screening
 1245  under s. 408.809, or for the actions of any facility employee:
 1246         (e) A citation of any of the following deficiencies as
 1247  specified defined in s. 429.19:
 1248         1. One or more cited class I deficiencies.
 1249         2. Three or more cited class II deficiencies.
 1250         3. Five or more cited class III deficiencies that have been
 1251  cited on a single survey and have not been corrected within the
 1252  times specified.
 1253         Section 28. Section 429.19, Florida Statutes, is amended to
 1254  read:
 1255         429.19 Violations; imposition of administrative fines;
 1256  grounds.—
 1257         (1) In addition to the requirements of part II of chapter
 1258  408, the agency shall impose an administrative fine in the
 1259  manner provided in chapter 120 for the violation of any
 1260  provision of this part, part II of chapter 408, and applicable
 1261  rules by an assisted living facility, for the actions of any
 1262  person subject to level 2 background screening under s. 408.809,
 1263  for the actions of any facility employee, or for an intentional
 1264  or negligent act seriously affecting the health, safety, or
 1265  welfare of a resident of the facility.
 1266         (2) Each violation of this part and adopted rules shall be
 1267  classified according to the nature of the violation and the
 1268  gravity of its probable effect on facility residents. The agency
 1269  shall indicate the classification on the written notice of the
 1270  violation as follows:
 1271         (a) Class “I” violations are defined in s. 408.813 those
 1272  conditions or occurrences related to the operation and
 1273  maintenance of a facility or to the personal care of residents
 1274  which the agency determines present an imminent danger to the
 1275  residents or guests of the facility or a substantial probability
 1276  that death or serious physical or emotional harm would result
 1277  therefrom. The condition or practice constituting a class I
 1278  violation shall be abated or eliminated within 24 hours, unless
 1279  a fixed period, as determined by the agency, is required for
 1280  correction. The agency shall impose an administrative fine for a
 1281  cited class I violation in an amount not less than $5,000 and
 1282  not exceeding $10,000 for each violation. A fine may be levied
 1283  notwithstanding the correction of the violation.
 1284         (b) Class “II” violations are defined in s. 408.813 those
 1285  conditions or occurrences related to the operation and
 1286  maintenance of a facility or to the personal care of residents
 1287  which the agency determines directly threaten the physical or
 1288  emotional health, safety, or security of the facility residents,
 1289  other than class I violations. The agency shall impose an
 1290  administrative fine for a cited class II violation in an amount
 1291  not less than $1,000 and not exceeding $5,000 for each
 1292  violation. A fine shall be levied notwithstanding the correction
 1293  of the violation.
 1294         (c) Class “III” violations are defined in s. 408.813 those
 1295  conditions or occurrences related to the operation and
 1296  maintenance of a facility or to the personal care of residents
 1297  which the agency determines indirectly or potentially threaten
 1298  the physical or emotional health, safety, or security of
 1299  facility residents, other than class I or class II violations.
 1300  The agency shall impose an administrative fine for a cited class
 1301  III violation in an amount not less than $500 and not exceeding
 1302  $1,000 for each violation. A citation for a class III violation
 1303  must specify the time within which the violation is required to
 1304  be corrected. If a class III violation is corrected within the
 1305  time specified, no fine may be imposed, unless it is a repeated
 1306  offense.
 1307         (d) Class “IV” violations are defined in s. 408.813 those
 1308  conditions or occurrences related to the operation and
 1309  maintenance of a building or to required reports, forms, or
 1310  documents that do not have the potential of negatively affecting
 1311  residents. These violations are of a type that the agency
 1312  determines do not threaten the health, safety, or security of
 1313  residents of the facility. The agency shall impose an
 1314  administrative fine for a cited class IV violation in an amount
 1315  not less than $100 and not exceeding $200 for each violation. A
 1316  citation for a class IV violation must specify the time within
 1317  which the violation is required to be corrected. If a class IV
 1318  violation is corrected within the time specified, no fine shall
 1319  be imposed. Any class IV violation that is corrected during the
 1320  time an agency survey is being conducted will be identified as
 1321  an agency finding and not as a violation.
 1322         (3) For purposes of this section, in determining if a
 1323  penalty is to be imposed and in fixing the amount of the fine,
 1324  the agency shall consider the following factors:
 1325         (a) The gravity of the violation, including the probability
 1326  that death or serious physical or emotional harm to a resident
 1327  will result or has resulted, the severity of the action or
 1328  potential harm, and the extent to which the provisions of the
 1329  applicable laws or rules were violated.
 1330         (b) Actions taken by the owner or administrator to correct
 1331  violations.
 1332         (c) Any previous violations.
 1333         (d) The financial benefit to the facility of committing or
 1334  continuing the violation.
 1335         (e) The licensed capacity of the facility.
 1336         (4) Each day of continuing violation after the date fixed
 1337  for termination of the violation, as ordered by the agency,
 1338  constitutes an additional, separate, and distinct violation.
 1339         (5) During an inspection, any action taken to correct a
 1340  violation shall be documented in writing by the owner or
 1341  administrator of the facility and verified through followup
 1342  visits by agency personnel. The agency may impose a fine and, in
 1343  the case of an owner-operated facility, revoke or deny a
 1344  facility’s license when a facility administrator fraudulently
 1345  misrepresents action taken to correct a violation.
 1346         (6) Any facility whose owner fails to apply for a change
 1347  of-ownership license in accordance with part II of chapter 408
 1348  and operates the facility under the new ownership is subject to
 1349  a fine of $5,000.
 1350         (7) In addition to any administrative fines imposed, the
 1351  agency may assess a survey fee, equal to the lesser of one half
 1352  of the facility’s biennial license and bed fee or $500, to cover
 1353  the cost of conducting initial complaint investigations that
 1354  result in the finding of a violation that was the subject of the
 1355  complaint or monitoring visits conducted under s. 429.28(3)(c)
 1356  to verify the correction of the violations.
 1357         (8) The agency, as an alternative to or in conjunction with
 1358  an administrative action against a facility for violations of
 1359  this part and adopted rules, shall make a reasonable attempt to
 1360  discuss each violation and recommended corrective action with
 1361  the owner or administrator of the facility, prior to written
 1362  notification. The agency, instead of fixing a period within
 1363  which the facility shall enter into compliance with standards,
 1364  may request a plan of corrective action from the facility which
 1365  demonstrates a good faith effort to remedy each violation by a
 1366  specific date, subject to the approval of the agency.
 1367         (9) The agency shall develop and disseminate an annual list
 1368  of all facilities sanctioned or fined $5,000 or more for
 1369  violations of state standards, the number and class of
 1370  violations involved, the penalties imposed, and the current
 1371  status of cases. The list shall be disseminated, at no charge,
 1372  to the Department of Elderly Affairs, the Department of Health,
 1373  the Department of Children and Family Services, the Agency for
 1374  Persons with Disabilities, the area agencies on aging, the
 1375  Florida Statewide Advocacy Council, and the state and local
 1376  ombudsman councils. The Department of Children and Family
 1377  Services shall disseminate the list to service providers under
 1378  contract to the department who are responsible for referring
 1379  persons to a facility for residency. The agency may charge a fee
 1380  commensurate with the cost of printing and postage to other
 1381  interested parties requesting a copy of this list. This
 1382  information may be provided electronically or through the
 1383  agency’s Internet site.
 1384         Section 29. Subsections (2) and (6) of section 429.23,
 1385  Florida Statutes, are amended to read:
 1386         429.23 Internal risk management and quality assurance
 1387  program; adverse incidents and reporting requirements.—
 1388         (2) Every facility licensed under this part is required to
 1389  maintain adverse incident reports. For purposes of this section,
 1390  the term, “adverse incident” means:
 1391         (a) An event over which facility personnel could exercise
 1392  control rather than as a result of the resident’s condition and
 1393  results in:
 1394         1. Death;
 1395         2. Brain or spinal damage;
 1396         3. Permanent disfigurement;
 1397         4. Fracture or dislocation of bones or joints;
 1398         5. Any condition that required medical attention to which
 1399  the resident has not given his or her consent, including failure
 1400  to honor advanced directives;
 1401         6. Any condition that requires the transfer of the resident
 1402  from the facility to a unit providing more acute care due to the
 1403  incident rather than the resident’s condition before the
 1404  incident; or.
 1405         7.An event that is reported to law enforcement or its
 1406  personnel for investigation; or
 1407         (b)Abuse, neglect, or exploitation as defined in s.
 1408  415.102;
 1409         (c)Events reported to law enforcement; or
 1410         (b)(d)Resident elopement, if the elopement places the
 1411  resident at risk of harm or injury.
 1412         (6) Abuse, neglect, or exploitation must be reported to the
 1413  Department of Children and Family Services as required under
 1414  chapter 415 The agency shall annually submit to the Legislature
 1415  a report on assisted living facility adverse incident reports.
 1416  The report must include the following information arranged by
 1417  county:
 1418         (a)A total number of adverse incidents;
 1419         (b)A listing, by category, of the type of adverse
 1420  incidents occurring within each category and the type of staff
 1421  involved;
 1422         (c)A listing, by category, of the types of injuries, if
 1423  any, and the number of injuries occurring within each category;
 1424         (d)Types of liability claims filed based on an adverse
 1425  incident report or reportable injury; and
 1426         (e)Disciplinary action taken against staff, categorized by
 1427  the type of staff involved.
 1428         Section 30. Subsection (9) of section 429.26, Florida
 1429  Statutes, is repealed.
 1430         Section 31. Subsection (3) of section 430.80, Florida
 1431  Statutes, is amended to read:
 1432         430.80 Implementation of a teaching nursing home pilot
 1433  project.—
 1434         (3) To be designated as a teaching nursing home, a nursing
 1435  home licensee must, at a minimum:
 1436         (a) Provide a comprehensive program of integrated senior
 1437  services that include institutional services and community-based
 1438  services;
 1439         (b) Participate in a nationally recognized accreditation
 1440  program and hold a valid accreditation, such as the
 1441  accreditation awarded by the Joint Commission on Accreditation
 1442  of Healthcare Organizations;
 1443         (c) Have been in business in this state for a minimum of 10
 1444  consecutive years;
 1445         (d) Demonstrate an active program in multidisciplinary
 1446  education and research that relates to gerontology;
 1447         (e) Have a formalized contractual relationship with at
 1448  least one accredited health profession education program located
 1449  in this state;
 1450         (f) Have a formalized contractual relationship with an
 1451  accredited hospital that is designated by law as a teaching
 1452  hospital; and
 1453         (g) Have senior staff members who hold formal faculty
 1454  appointments at universities, which must include at least one
 1455  accredited health profession education program.
 1456         (h) Maintain insurance coverage pursuant to s.
 1457  400.141(1)(s) s. 400.141(20) or proof of financial
 1458  responsibility in a minimum amount of $750,000. Such proof of
 1459  financial responsibility may include:
 1460         1. Maintaining an escrow account consisting of cash or
 1461  assets eligible for deposit in accordance with s. 625.52; or
 1462         2. Obtaining and maintaining pursuant to chapter 675 an
 1463  unexpired, irrevocable, nontransferable and nonassignable letter
 1464  of credit issued by any bank or savings association organized
 1465  and existing under the laws of this state or any bank or savings
 1466  association organized under the laws of the United States that
 1467  has its principal place of business in this state or has a
 1468  branch office which is authorized to receive deposits in this
 1469  state. The letter of credit shall be used to satisfy the
 1470  obligation of the facility to the claimant upon presentment of a
 1471  final judgment indicating liability and awarding damages to be
 1472  paid by the facility or upon presentment of a settlement
 1473  agreement signed by all parties to the agreement when such final
 1474  judgment or settlement is a result of a liability claim against
 1475  the facility.
 1476         Section 32. Subsection (5) of section 435.04, Florida
 1477  Statutes, is amended to read:
 1478         435.04 Level 2 screening standards.—
 1479         (5) Under penalty of perjury, all employees in such
 1480  positions of trust or responsibility shall attest to meeting the
 1481  requirements for qualifying for employment and agreeing to
 1482  inform the employer immediately if convicted of any of the
 1483  disqualifying offenses while employed by the employer. Each
 1484  employer of employees in such positions of trust or
 1485  responsibilities which is licensed or registered by a state
 1486  agency shall submit to the licensing agency annually or at the
 1487  time of license renewal, under penalty of perjury, an affidavit
 1488  of compliance with the provisions of this section.
 1489         Section 33. Subsection (3) of section 435.05, Florida
 1490  Statutes, is amended to read:
 1491         435.05 Requirements for covered employees.—Except as
 1492  otherwise provided by law, the following requirements shall
 1493  apply to covered employees:
 1494         (3) Each employer required to conduct level 2 background
 1495  screening must sign an affidavit annually or at the time of
 1496  license renewal, under penalty of perjury, stating that all
 1497  covered employees have been screened or are newly hired and are
 1498  awaiting the results of the required screening checks.
 1499         Section 34. Subsection (2) of section 483.031, Florida
 1500  Statutes, is amended to read:
 1501         483.031 Application of part; exemptions.—This part applies
 1502  to all clinical laboratories within this state, except:
 1503         (2) A clinical laboratory that performs only waived tests
 1504  and has received a certificate of exemption from the agency
 1505  under s. 483.106.
 1506         Section 35. Subsection (10) of section 483.041, Florida
 1507  Statutes, is amended to read:
 1508         483.041 Definitions.—As used in this part, the term:
 1509         (10) “Waived test” means a test that the federal Centers
 1510  for Medicare and Medicaid Services Health Care Financing
 1511  Administration has determined qualifies for a certificate of
 1512  waiver under the federal Clinical Laboratory Improvement
 1513  Amendments of 1988, and the federal rules adopted thereunder.
 1514         Section 36. Section 483.106, Florida Statutes, is repealed.
 1515         Section 37. Subsection (3) of section 483.172, Florida
 1516  Statutes, is amended to read:
 1517         483.172 License fees.—
 1518         (3) The agency shall assess a biennial fee of $100 for a
 1519  certificate of exemption and a $100 biennial license fee under
 1520  this section for facilities surveyed by an approved accrediting
 1521  organization.
 1522         Section 38. Subsection (13) of section 651.118, Florida
 1523  Statutes, is amended to read:
 1524         651.118 Agency for Health Care Administration; certificates
 1525  of need; sheltered beds; community beds.—
 1526         (13) Residents, as defined in this chapter, are not
 1527  considered new admissions for the purpose of s. 400.141
 1528  (1)(o)1.d. s. 400.141(15)(d).
 1529         Section 39. This act shall take effect upon becoming a law.
 1530  
 1531  ================= T I T L E  A M E N D M E N T ================
 1532         And the title is amended as follows:
 1533         Delete everything before the enacting clause
 1534  and insert:
 1535                        A bill to be entitled                      
 1536         An act relating to the Agency for Health Care
 1537         Administration; repealing s. 395.0199, F.S., relating
 1538         to private utilization review of health care services;
 1539         amending ss. 395.405 and 400.0712, F.S.; conforming
 1540         cross-references; repealing s. 400.118(2), F.S.;
 1541         removing provisions requiring quality-of-care monitors
 1542         for nursing facilities in agency district offices;
 1543         amending s. 400.141, F.S.; deleting a requirement that
 1544         licensed nursing home facilities provide the agency
 1545         with a monthly report on the number of vacant beds in
 1546         the facility; amending s. 400.147, F.S.; revising the
 1547         definition of the term “adverse incident” for
 1548         reporting purposes; requiring abuse, neglect, and
 1549         exploitation to be reported to the agency and the
 1550         Department of Children and Family Services; deleting a
 1551         requirement that the agency submit an annual report on
 1552         nursing home adverse incidents to the Legislature;
 1553         amending s. 400.162, F.S.; revising requirements for
 1554         policies and procedures regarding the safekeeping of a
 1555         resident’s personal effects and property; amending s.
 1556         400.195, F.S.; conforming a cross-reference; amending
 1557         s. 400.23, F.S.; deleting the requirement of the
 1558         agency to adopt rules regarding the eating assistance
 1559         provided to residents; amending s. 400.506, F.S.;
 1560         providing an exception for the agency to deny,
 1561         suspend, or revoke the license of a nurse registry;
 1562         amending s. 400.9935, F.S.; revising accreditation
 1563         requirements for clinics providing magnetic resonance
 1564         imaging services; amending s. 400.995, F.S.; revising
 1565         agency responsibilities with respect to agency
 1566         administrative penalties; amending s. 408.803, F.S.;
 1567         revising definitions applicable to part II of ch. 408,
 1568         F.S., the “Health Care Licensing Procedures Act”;
 1569         amending s. 408.806, F.S.; revising contents of and
 1570         procedures relating to health care provider
 1571         applications for licensure; providing an exception
 1572         from certain licensure inspections for adult family
 1573         care homes; authorizing the agency to provide
 1574         electronic access to certain information and
 1575         documents; amending s. 408.808, F.S.; providing for a
 1576         provisional license to be issued to applicants
 1577         applying for a change of ownership; providing a time
 1578         limit on provisional licenses; amending s. 408.809,
 1579         F.S.; revising provisions relating to background
 1580         screening of specified employees; requiring health
 1581         care providers to submit to the agency an affidavit of
 1582         compliance with background screening requirements at
 1583         the time of license renewal; deleting a provision to
 1584         conform to changes made by the act; amending s.
 1585         408.810, F.S.; revising provisions relating to
 1586         information required for licensure; amending s.
 1587         408.811, F.S.; providing for certain inspections to be
 1588         accepted in lieu of complete licensure inspections;
 1589         granting agency access to records requested during an
 1590         offsite review; providing timeframes for correction of
 1591         certain deficiencies and submission of plans to
 1592         correct the deficiencies; amending s. 408.813, F.S.;
 1593         providing classifications of violations of part II of
 1594         ch. 408, F.S.; providing for fines; amending s.
 1595         408.820, F.S.; revising applicability of certain
 1596         exemptions from specified requirements of part II of
 1597         ch. 408, F.S.; creating s. 408.821, F.S.; requiring
 1598         entities regulated or licensed by the agency to
 1599         designate a liaison officer for emergency operations;
 1600         authorizing entities regulated or licensed by the
 1601         agency to temporarily exceed their licensed capacity
 1602         to act as receiving providers under specified
 1603         circumstances; providing requirements that apply while
 1604         such entities are in an overcapacity status; providing
 1605         for issuance of an inactive license to such licensees
 1606         under specified conditions; providing requirements and
 1607         procedures with respect to the issuance and
 1608         reactivation of an inactive license; authorizing the
 1609         agency to adopt rules; amending s. 408.831, F.S.;
 1610         deleting provisions relating to the authorization for
 1611         entities regulated or licensed by the agency to exceed
 1612         their licensed capacity to act as receiving facilities
 1613         and issuance and reactivation of inactive licenses;
 1614         amending s. 409.221, F.S.; conforming a cross
 1615         reference; amending s. 409.901, F.S.; redefining the
 1616         term “change of ownership” as it relates to Medicaid
 1617         providers; repealing s. 429.071, F.S., relating to the
 1618         intergenerational respite care assisted living
 1619         facility pilot program; amending s. 429.08, F.S.;
 1620         authorizing the agency to provide information
 1621         regarding licensed assisted living facilities on its
 1622         Internet website; abolishing local coordinating
 1623         workgroups established by agency field offices;
 1624         amending s. 429.14, F.S.; conforming a reference;
 1625         amending s. 429.19, F.S.; revising agency procedures
 1626         for imposition of fines for violations of part I of
 1627         ch. 429, F.S., the “Assisted Living Facilities Act”;
 1628         amending s. 429.23, F.S.; redefining the term “adverse
 1629         incident” for reporting purposes; requiring abuse,
 1630         neglect, and exploitation to be reported to the agency
 1631         and the Department of Children and Family Services;
 1632         deleting a requirement that the agency submit an
 1633         annual report on assisted living facility adverse
 1634         incidents to the Legislature; repealing s. 429.26(9),
 1635         F.S., relating to the removal of the requirement for a
 1636         resident of an assisted living facility to undergo
 1637         examinations and evaluations under certain
 1638         circumstances; amending s. 430.80, F.S.; conforming a
 1639         cross-reference; amending ss. 435.04 and 435.05, F.S.;
 1640         requiring employers of certain employees to submit an
 1641         affidavit of compliance with level 2 screening
 1642         requirements at the time of license renewal; amending
 1643         s. 483.031, F.S.; revising a provision relating to the
 1644         exemption of certain clinical laboratories, to conform
 1645         to changes made by the act; amending s. 483.041, F.S.;
 1646         redefining the term “waived test” as it is used in
 1647         part I of ch. 483, F.S., the “Florida Clinical
 1648         Laboratory Law”; repealing s. 483.106, F.S., relating
 1649         to applications for certificates of exemption by
 1650         clinical laboratories that perform certain tests;
 1651         amending ss. 483.172 and 651.118, F.S.; conforming
 1652         provisions and a cross-reference; providing an
 1653         effective date.