Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2286
       
       
       
       
       
       
                                Barcode 705470                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/25/2009           .                                
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       The Committee on Health Regulation (Gardiner) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 395.0199, Florida Statutes, is repealed.
    6         Section 2. Section 395.405, Florida Statutes, is amended to
    7  read:
    8         395.405 Rulemaking.—The department shall adopt and enforce
    9  all rules necessary to administer ss. 395.0199, 395.401,
   10  395.4015, 395.402, 395.4025, 395.403, 395.404, and 395.4045.
   11         Section 3. Subsection (1) of section 400.0712, Florida
   12  Statutes, is amended to read:
   13         400.0712 Application for inactive license.—
   14         (1) As specified in s. 408.831(4) and this section, the
   15  agency may issue an inactive license to a nursing home facility
   16  for all or a portion of its beds. Any request by a licensee that
   17  a nursing home or portion of a nursing home become inactive must
   18  be submitted to the agency in the approved format. The facility
   19  may not initiate any suspension of services, notify residents,
   20  or initiate inactivity before receiving approval from the
   21  agency; and a licensee that violates this provision may not be
   22  issued an inactive license.
   23         Section 4. Subsection (2) of section 400.118, Florida
   24  Statutes, is repealed.
   25         Section 5. Section 400.141, Florida Statutes, is amended to
   26  read:
   27         400.141 Administration and management of nursing home
   28  facilities.—
   29         (1) Every licensed facility shall comply with all
   30  applicable standards and rules of the agency and shall:
   31         (a)(1) Be under the administrative direction and charge of
   32  a licensed administrator.
   33         (b)(2) Appoint a medical director licensed pursuant to
   34  chapter 458 or chapter 459. The agency may establish by rule
   35  more specific criteria for the appointment of a medical
   36  director.
   37         (c)(3) Have available the regular, consultative, and
   38  emergency services of physicians licensed by the state.
   39         (d)(4) Provide for resident use of a community pharmacy as
   40  specified in s. 400.022(1)(q). Any other law to the contrary
   41  notwithstanding, a registered pharmacist licensed in Florida,
   42  that is under contract with a facility licensed under this
   43  chapter or chapter 429, shall repackage a nursing facility
   44  resident’s bulk prescription medication which has been packaged
   45  by another pharmacist licensed in any state in the United States
   46  into a unit dose system compatible with the system used by the
   47  nursing facility, if the pharmacist is requested to offer such
   48  service. In order to be eligible for the repackaging, a resident
   49  or the resident’s spouse must receive prescription medication
   50  benefits provided through a former employer as part of his or
   51  her retirement benefits, a qualified pension plan as specified
   52  in s. 4972 of the Internal Revenue Code, a federal retirement
   53  program as specified under 5 C.F.R. s. 831, or a long-term care
   54  policy as defined in s. 627.9404(1). A pharmacist who correctly
   55  repackages and relabels the medication and the nursing facility
   56  which correctly administers such repackaged medication under the
   57  provisions of this paragraph may subsection shall not be held
   58  liable in any civil or administrative action arising from the
   59  repackaging. In order to be eligible for the repackaging, a
   60  nursing facility resident for whom the medication is to be
   61  repackaged shall sign an informed consent form provided by the
   62  facility which includes an explanation of the repackaging
   63  process and which notifies the resident of the immunities from
   64  liability provided in this paragraph herein. A pharmacist who
   65  repackages and relabels prescription medications, as authorized
   66  under this paragraph subsection, may charge a reasonable fee for
   67  costs resulting from the implementation of this provision.
   68         (e)(5) Provide for the access of the facility residents to
   69  dental and other health-related services, recreational services,
   70  rehabilitative services, and social work services appropriate to
   71  their needs and conditions and not directly furnished by the
   72  licensee. When a geriatric outpatient nurse clinic is conducted
   73  in accordance with rules adopted by the agency, outpatients
   74  attending such clinic shall not be counted as part of the
   75  general resident population of the nursing home facility, nor
   76  shall the nursing staff of the geriatric outpatient clinic be
   77  counted as part of the nursing staff of the facility, until the
   78  outpatient clinic load exceeds 15 a day.
   79         (f)(6) Be allowed and encouraged by the agency to provide
   80  other needed services under certain conditions. If the facility
   81  has a standard licensure status, and has had no class I or class
   82  II deficiencies during the past 2 years or has been awarded a
   83  Gold Seal under the program established in s. 400.235, it may be
   84  encouraged by the agency to provide services, including, but not
   85  limited to, respite and adult day services, which enable
   86  individuals to move in and out of the facility. A facility is
   87  not subject to any additional licensure requirements for
   88  providing these services. Respite care may be offered to persons
   89  in need of short-term or temporary nursing home services.
   90  Respite care must be provided in accordance with this part and
   91  rules adopted by the agency. However, the agency shall, by rule,
   92  adopt modified requirements for resident assessment, resident
   93  care plans, resident contracts, physician orders, and other
   94  provisions, as appropriate, for short-term or temporary nursing
   95  home services. The agency shall allow for shared programming and
   96  staff in a facility which meets minimum standards and offers
   97  services pursuant to this paragraph subsection, but, if the
   98  facility is cited for deficiencies in patient care, may require
   99  additional staff and programs appropriate to the needs of
  100  service recipients. A person who receives respite care may not
  101  be counted as a resident of the facility for purposes of the
  102  facility’s licensed capacity unless that person receives 24-hour
  103  respite care. A person receiving either respite care for 24
  104  hours or longer or adult day services must be included when
  105  calculating minimum staffing for the facility. Any costs and
  106  revenues generated by a nursing home facility from
  107  nonresidential programs or services shall be excluded from the
  108  calculations of Medicaid per diems for nursing home
  109  institutional care reimbursement.
  110         (g)(7) If the facility has a standard license or is a Gold
  111  Seal facility, exceeds the minimum required hours of licensed
  112  nursing and certified nursing assistant direct care per resident
  113  per day, and is part of a continuing care facility licensed
  114  under chapter 651 or a retirement community that offers other
  115  services pursuant to part III of this chapter or part I or part
  116  III of chapter 429 on a single campus, be allowed to share
  117  programming and staff. At the time of inspection and in the
  118  semiannual report required pursuant to paragraph (o) subsection
  119  (15), a continuing care facility or retirement community that
  120  uses this option must demonstrate through staffing records that
  121  minimum staffing requirements for the facility were met.
  122  Licensed nurses and certified nursing assistants who work in the
  123  nursing home facility may be used to provide services elsewhere
  124  on campus if the facility exceeds the minimum number of direct
  125  care hours required per resident per day and the total number of
  126  residents receiving direct care services from a licensed nurse
  127  or a certified nursing assistant does not cause the facility to
  128  violate the staffing ratios required under s. 400.23(3)(a).
  129  Compliance with the minimum staffing ratios shall be based on
  130  total number of residents receiving direct care services,
  131  regardless of where they reside on campus. If the facility
  132  receives a conditional license, it may not share staff until the
  133  conditional license status ends. This paragraph subsection does
  134  not restrict the agency’s authority under federal or state law
  135  to require additional staff if a facility is cited for
  136  deficiencies in care which are caused by an insufficient number
  137  of certified nursing assistants or licensed nurses. The agency
  138  may adopt rules for the documentation necessary to determine
  139  compliance with this provision.
  140         (h)(8) Maintain the facility premises and equipment and
  141  conduct its operations in a safe and sanitary manner.
  142         (i)(9) If the licensee furnishes food service, provide a
  143  wholesome and nourishing diet sufficient to meet generally
  144  accepted standards of proper nutrition for its residents and
  145  provide such therapeutic diets as may be prescribed by attending
  146  physicians. In making rules to implement this paragraph
  147  subsection, the agency shall be guided by standards recommended
  148  by nationally recognized professional groups and associations
  149  with knowledge of dietetics.
  150         (j)(10) Keep full records of resident admissions and
  151  discharges; medical and general health status, including medical
  152  records, personal and social history, and identity and address
  153  of next of kin or other persons who may have responsibility for
  154  the affairs of the residents; and individual resident care plans
  155  including, but not limited to, prescribed services, service
  156  frequency and duration, and service goals. The records shall be
  157  open to inspection by the agency.
  158         (k)(11) Keep such fiscal records of its operations and
  159  conditions as may be necessary to provide information pursuant
  160  to this part.
  161         (l)(12) Furnish copies of personnel records for employees
  162  affiliated with such facility, to any other facility licensed by
  163  this state requesting this information pursuant to this part.
  164  Such information contained in the records may include, but is
  165  not limited to, disciplinary matters and any reason for
  166  termination. Any facility releasing such records pursuant to
  167  this part shall be considered to be acting in good faith and may
  168  not be held liable for information contained in such records,
  169  absent a showing that the facility maliciously falsified such
  170  records.
  171         (m)(13) Publicly display a poster provided by the agency
  172  containing the names, addresses, and telephone numbers for the
  173  state’s abuse hotline, the State Long-Term Care Ombudsman, the
  174  Agency for Health Care Administration consumer hotline, the
  175  Advocacy Center for Persons with Disabilities, the Florida
  176  Statewide Advocacy Council, and the Medicaid Fraud Control Unit,
  177  with a clear description of the assistance to be expected from
  178  each.
  179         (n)(14) Submit to the agency the information specified in
  180  s. 400.071(1)(b) for a management company within 30 days after
  181  the effective date of the management agreement.
  182         (o)1.(15) Submit semiannually to the agency, or more
  183  frequently if requested by the agency, information regarding
  184  facility staff-to-resident ratios, staff turnover, and staff
  185  stability, including information regarding certified nursing
  186  assistants, licensed nurses, the director of nursing, and the
  187  facility administrator. For purposes of this reporting:
  188         a.(a) Staff-to-resident ratios must be reported in the
  189  categories specified in s. 400.23(3)(a) and applicable rules.
  190  The ratio must be reported as an average for the most recent
  191  calendar quarter.
  192         b.(b) Staff turnover must be reported for the most recent
  193  12-month period ending on the last workday of the most recent
  194  calendar quarter prior to the date the information is submitted.
  195  The turnover rate must be computed quarterly, with the annual
  196  rate being the cumulative sum of the quarterly rates. The
  197  turnover rate is the total number of terminations or separations
  198  experienced during the quarter, excluding any employee
  199  terminated during a probationary period of 3 months or less,
  200  divided by the total number of staff employed at the end of the
  201  period for which the rate is computed, and expressed as a
  202  percentage.
  203         c.(c) The formula for determining staff stability is the
  204  total number of employees that have been employed for more than
  205  12 months, divided by the total number of employees employed at
  206  the end of the most recent calendar quarter, and expressed as a
  207  percentage.
  208         d.(d) A nursing facility that has failed to comply with
  209  state minimum-staffing requirements for 2 consecutive days is
  210  prohibited from accepting new admissions until the facility has
  211  achieved the minimum-staffing requirements for a period of 6
  212  consecutive days. For the purposes of this sub-subparagraph
  213  paragraph, any person who was a resident of the facility and was
  214  absent from the facility for the purpose of receiving medical
  215  care at a separate location or was on a leave of absence is not
  216  considered a new admission. Failure to impose such an admissions
  217  moratorium constitutes a class II deficiency.
  218         e.(e) A nursing facility which does not have a conditional
  219  license may be cited for failure to comply with the standards in
  220  s. 400.23(3)(a)1.a. only if it has failed to meet those
  221  standards on 2 consecutive days or if it has failed to meet at
  222  least 97 percent of those standards on any one day.
  223         f.(f) A facility which has a conditional license must be in
  224  compliance with the standards in s. 400.23(3)(a) at all times.
  225  
  226         2.Nothing in This paragraph does not section shall limit
  227  the agency’s ability to impose a deficiency or take other
  228  actions if a facility does not have enough staff to meet the
  229  residents’ needs.
  230         (16)Report monthly the number of vacant beds in the
  231  facility which are available for resident occupancy on the day
  232  the information is reported.
  233         (p)(17) Notify a licensed physician when a resident
  234  exhibits signs of dementia or cognitive impairment or has a
  235  change of condition in order to rule out the presence of an
  236  underlying physiological condition that may be contributing to
  237  such dementia or impairment. The notification must occur within
  238  30 days after the acknowledgment of such signs by facility
  239  staff. If an underlying condition is determined to exist, the
  240  facility shall arrange, with the appropriate health care
  241  provider, the necessary care and services to treat the
  242  condition.
  243         (q)(18) If the facility implements a dining and hospitality
  244  attendant program, ensure that the program is developed and
  245  implemented under the supervision of the facility director of
  246  nursing. A licensed nurse, licensed speech or occupational
  247  therapist, or a registered dietitian must conduct training of
  248  dining and hospitality attendants. A person employed by a
  249  facility as a dining and hospitality attendant must perform
  250  tasks under the direct supervision of a licensed nurse.
  251         (r)(19) Report to the agency any filing for bankruptcy
  252  protection by the facility or its parent corporation,
  253  divestiture or spin-off of its assets, or corporate
  254  reorganization within 30 days after the completion of such
  255  activity.
  256         (s)(20) Maintain general and professional liability
  257  insurance coverage that is in force at all times. In lieu of
  258  general and professional liability insurance coverage, a state
  259  designated teaching nursing home and its affiliated assisted
  260  living facilities created under s. 430.80 may demonstrate proof
  261  of financial responsibility as provided in s. 430.80(3)(h).
  262         (t)(21) Maintain in the medical record for each resident a
  263  daily chart of certified nursing assistant services provided to
  264  the resident. The certified nursing assistant who is caring for
  265  the resident must complete this record by the end of his or her
  266  shift. This record must indicate assistance with activities of
  267  daily living, assistance with eating, and assistance with
  268  drinking, and must record each offering of nutrition and
  269  hydration for those residents whose plan of care or assessment
  270  indicates a risk for malnutrition or dehydration.
  271         (u)(22) Before November 30 of each year, subject to the
  272  availability of an adequate supply of the necessary vaccine,
  273  provide for immunizations against influenza viruses to all its
  274  consenting residents in accordance with the recommendations of
  275  the United States Centers for Disease Control and Prevention,
  276  subject to exemptions for medical contraindications and
  277  religious or personal beliefs. Subject to these exemptions, any
  278  consenting person who becomes a resident of the facility after
  279  November 30 but before March 31 of the following year must be
  280  immunized within 5 working days after becoming a resident.
  281  Immunization shall not be provided to any resident who provides
  282  documentation that he or she has been immunized as required by
  283  this paragraph subsection. This paragraph subsection does not
  284  prohibit a resident from receiving the immunization from his or
  285  her personal physician if he or she so chooses. A resident who
  286  chooses to receive the immunization from his or her personal
  287  physician shall provide proof of immunization to the facility.
  288  The agency may adopt and enforce any rules necessary to comply
  289  with or implement this subsection.
  290         (v)(23) Assess all residents for eligibility for
  291  pneumococcal polysaccharide vaccination (PPV) and vaccinate
  292  residents when indicated within 60 days after the effective date
  293  of this act in accordance with the recommendations of the United
  294  States Centers for Disease Control and Prevention, subject to
  295  exemptions for medical contraindications and religious or
  296  personal beliefs. Residents admitted after the effective date of
  297  this act shall be assessed within 5 working days of admission
  298  and, when indicated, vaccinated within 60 days in accordance
  299  with the recommendations of the United States Centers for
  300  Disease Control and Prevention, subject to exemptions for
  301  medical contraindications and religious or personal beliefs.
  302  Immunization shall not be provided to any resident who provides
  303  documentation that he or she has been immunized as required by
  304  this paragraph subsection. This paragraph subsection does not
  305  prohibit a resident from receiving the immunization from his or
  306  her personal physician if he or she so chooses. A resident who
  307  chooses to receive the immunization from his or her personal
  308  physician shall provide proof of immunization to the facility.
  309  The agency may adopt and enforce any rules necessary to comply
  310  with or implement this paragraph subsection.
  311         (w)(24) Annually encourage and promote to its employees the
  312  benefits associated with immunizations against influenza viruses
  313  in accordance with the recommendations of the United States
  314  Centers for Disease Control and Prevention. The agency may adopt
  315  and enforce any rules necessary to comply with or implement this
  316  paragraph subsection.
  317         (2) Facilities that have been awarded a Gold Seal under the
  318  program established in s. 400.235 may develop a plan to provide
  319  certified nursing assistant training as prescribed by federal
  320  regulations and state rules and may apply to the agency for
  321  approval of their program.
  322         Section 6. Subsections (5), (9), (10), (11), (12), (13),
  323  (14), and (15) of section 400.147, Florida Statutes, are amended
  324  to read:
  325         400.147 Internal risk management and quality assurance
  326  program.—
  327         (5) For purposes of reporting to the agency under this
  328  section, the term “adverse incident” means:
  329         (a) An event over which facility personnel could exercise
  330  control and which is associated in whole or in part with the
  331  facility’s intervention, rather than the condition for which
  332  such intervention occurred, and which results in one of the
  333  following:
  334         1. Death;
  335         2. Brain or spinal damage;
  336         3. Permanent disfigurement;
  337         4. Fracture or dislocation of bones or joints;
  338         5. A limitation of neurological, physical, or sensory
  339  function;
  340         6. Any condition that required medical attention to which
  341  the resident has not given his or her informed consent,
  342  including failure to honor advanced directives; or
  343         7. Any condition that required the transfer of the
  344  resident, within or outside the facility, to a unit providing a
  345  more acute level of care due to the adverse incident, rather
  346  than the resident’s condition prior to the adverse incident; or
  347         8.An event that is reported to law enforcement or its
  348  personnel for investigation; or
  349         (b)Abuse, neglect, or exploitation as defined in s.
  350  415.102;
  351         (c)Abuse, neglect and harm as defined in s. 39.01;
  352         (b)(d) Resident elopement, if the elopement places the
  353  resident at risk of harm or injury.; or
  354         (e)An event that is reported to law enforcement.
  355         (9)Abuse, neglect, or exploitation must be reported to the
  356  agency as required by 42 C.F.R. s. 483.13(c) and to the
  357  department as required by chapters 39 and 415.
  358         (10)(9) By the 10th of each month, each facility subject to
  359  this section shall report any notice received pursuant to s.
  360  400.0233(2) and each initial complaint that was filed with the
  361  clerk of the court and served on the facility during the
  362  previous month by a resident or a resident’s family member,
  363  guardian, conservator, or personal legal representative. The
  364  report must include the name of the resident, the resident’s
  365  date of birth and social security number, the Medicaid
  366  identification number for Medicaid-eligible persons, the date or
  367  dates of the incident leading to the claim or dates of
  368  residency, if applicable, and the type of injury or violation of
  369  rights alleged to have occurred. Each facility shall also submit
  370  a copy of the notices received pursuant to s. 400.0233(2) and
  371  complaints filed with the clerk of the court. This report is
  372  confidential as provided by law and is not discoverable or
  373  admissible in any civil or administrative action, except in such
  374  actions brought by the agency to enforce the provisions of this
  375  part.
  376         (11)(10) The agency shall review, as part of its licensure
  377  inspection process, the internal risk management and quality
  378  assurance program at each facility regulated by this section to
  379  determine whether the program meets standards established in
  380  statutory laws and rules, is being conducted in a manner
  381  designed to reduce adverse incidents, and is appropriately
  382  reporting incidents as required by this section.
  383         (12)(11) There is no monetary liability on the part of, and
  384  a cause of action for damages may not arise against, any risk
  385  manager for the implementation and oversight of the internal
  386  risk management and quality assurance program in a facility
  387  licensed under this part as required by this section, or for any
  388  act or proceeding undertaken or performed within the scope of
  389  the functions of such internal risk management and quality
  390  assurance program if the risk manager acts without intentional
  391  fraud.
  392         (13)(12) If the agency, through its receipt of the adverse
  393  incident reports prescribed in subsection (7), or through any
  394  investigation, has a reasonable belief that conduct by a staff
  395  member or employee of a facility is grounds for disciplinary
  396  action by the appropriate regulatory board, the agency shall
  397  report this fact to the regulatory board.
  398         (14)(13) The agency may adopt rules to administer this
  399  section.
  400         (14)The agency shall annually submit to the Legislature a
  401  report on nursing home adverse incidents. The report must
  402  include the following information arranged by county:
  403         (a)The total number of adverse incidents.
  404         (b)A listing, by category, of the types of adverse
  405  incidents, the number of incidents occurring within each
  406  category, and the type of staff involved.
  407         (c)A listing, by category, of the types of injury caused
  408  and the number of injuries occurring within each category.
  409         (d)Types of liability claims filed based on an adverse
  410  incident or reportable injury.
  411         (e)Disciplinary action taken against staff, categorized by
  412  type of staff involved.
  413         (15) Information gathered by a credentialing organization
  414  under a quality assurance program is not discoverable from the
  415  credentialing organization. This subsection does not limit
  416  discovery of, access to, or use of facility records, including
  417  those records from which the credentialing organization gathered
  418  its information.
  419         Section 7. Subsection (3) of section 400.162, Florida
  420  Statutes, is amended to read:
  421         400.162 Property and personal affairs of residents.—
  422         (3) A licensee shall provide for the safekeeping of
  423  personal effects, funds, and other property of the resident in
  424  the facility. Whenever necessary for the protection of
  425  valuables, or in order to avoid unreasonable responsibility
  426  therefor, the licensee may require that such valuables be
  427  excluded or removed from the facility and kept at some place not
  428  subject to the control of the licensee. At the request of a
  429  resident, the facility shall mark the resident’s personal
  430  property with the resident’s name or another type of
  431  identification, without defacing the property. Any theft or loss
  432  of a resident’s personal property shall be documented by the
  433  facility. The facility shall develop policies and procedures to
  434  minimize the risk of theft or loss of the personal property of
  435  residents. A copy of the policy shall be provided to every
  436  employee and to each resident and the resident’s representative
  437  if appropriate at admission and when revised. Facility policies
  438  must include provisions related to reporting theft or loss of a
  439  resident’s property to law enforcement and any facility waiver
  440  of liability for loss or theft. The facility shall post notice
  441  of these policies and procedures, and any revision thereof, in
  442  places accessible to residents.
  443         Section 8. Paragraph (d) of subsection (1) of section
  444  400.195, Florida Statutes, is amended to read:
  445         400.195 Agency reporting requirements.—
  446         (1) For the period beginning June 30, 2001, and ending June
  447  30, 2005, the Agency for Health Care Administration shall
  448  provide a report to the Governor, the President of the Senate,
  449  and the Speaker of the House of Representatives with respect to
  450  nursing homes. The first report shall be submitted no later than
  451  December 30, 2002, and subsequent reports shall be submitted
  452  every 6 months thereafter. The report shall identify facilities
  453  based on their ownership characteristics, size, business
  454  structure, for-profit or not-for-profit status, and any other
  455  characteristics the agency determines useful in analyzing the
  456  varied segments of the nursing home industry and shall report: 
  457         (d) Information regarding deficiencies cited, including
  458  information used to develop the Nursing Home Guide WATCH LIST
  459  pursuant to s. 400.191, and applicable rules, a summary of data
  460  generated on nursing homes by Centers for Medicare and Medicaid
  461  Services Nursing Home Quality Information Project, and
  462  information collected pursuant to s. 400.147(10) s. 400.147(9),
  463  relating to litigation.
  464         Section 9. Subsection (3) of section 400.23, Florida
  465  Statutes, is amended to read:
  466         400.23 Rules; evaluation and deficiencies; licensure
  467  status.—
  468         (3)(a)1. The agency shall adopt rules providing minimum
  469  staffing requirements for nursing homes. These requirements
  470  shall include, for each nursing home facility:
  471         a. A minimum certified nursing assistant staffing of 2.6
  472  hours of direct care per resident per day beginning January 1,
  473  2003, and increasing to 2.7 hours of direct care per resident
  474  per day beginning January 1, 2007. Beginning January 1, 2002, no
  475  facility shall staff below one certified nursing assistant per
  476  20 residents, and a minimum licensed nursing staffing of 1.0
  477  hour of direct care per resident per day but never below one
  478  licensed nurse per 40 residents.
  479         b. Beginning January 1, 2007, a minimum weekly average
  480  certified nursing assistant staffing of 2.9 hours of direct care
  481  per resident per day. For the purpose of this sub-subparagraph,
  482  a week is defined as Sunday through Saturday.
  483         2. Nursing assistants employed under s. 400.211(2) may be
  484  included in computing the staffing ratio for certified nursing
  485  assistants only if their job responsibilities include only
  486  nursing-assistant-related duties.
  487         3. Each nursing home must document compliance with staffing
  488  standards as required under this paragraph and post daily the
  489  names of staff on duty for the benefit of facility residents and
  490  the public.
  491         4. The agency shall recognize the use of licensed nurses
  492  for compliance with minimum staffing requirements for certified
  493  nursing assistants, provided that the facility otherwise meets
  494  the minimum staffing requirements for licensed nurses and that
  495  the licensed nurses are performing the duties of a certified
  496  nursing assistant. Unless otherwise approved by the agency,
  497  licensed nurses counted toward the minimum staffing requirements
  498  for certified nursing assistants must exclusively perform the
  499  duties of a certified nursing assistant for the entire shift and
  500  not also be counted toward the minimum staffing requirements for
  501  licensed nurses. If the agency approved a facility’s request to
  502  use a licensed nurse to perform both licensed nursing and
  503  certified nursing assistant duties, the facility must allocate
  504  the amount of staff time specifically spent on certified nursing
  505  assistant duties for the purpose of documenting compliance with
  506  minimum staffing requirements for certified and licensed nursing
  507  staff. In no event may the hours of a licensed nurse with dual
  508  job responsibilities be counted twice.
  509         (b) The agency shall adopt rules to allow properly trained
  510  staff of a nursing facility, in addition to certified nursing
  511  assistants and licensed nurses, to assist residents with eating.
  512  The rules shall specify the minimum training requirements and
  513  shall specify the physiological conditions or disorders of
  514  residents which would necessitate that the eating assistance be
  515  provided by nursing personnel of the facility. Nonnursing staff
  516  providing eating assistance to residents under the provisions of
  517  this subsection shall not count toward compliance with minimum
  518  staffing standards.
  519         (c) Licensed practical nurses licensed under chapter 464
  520  who are providing nursing services in nursing home facilities
  521  under this part may supervise the activities of other licensed
  522  practical nurses, certified nursing assistants, and other
  523  unlicensed personnel providing services in such facilities in
  524  accordance with rules adopted by the Board of Nursing.
  525         Section 10. Paragraph (a) of subsection (4) and paragraph
  526  (b) of subsection (5) of section 400.464, Florida Statutes, are
  527  amended to read:
  528         400.464 Home health agencies to be licensed; expiration of
  529  license; exemptions; unlawful acts; penalties.—
  530         (4)(a) An organization that offers or advertises to the
  531  public any service for which licensure or registration is
  532  required under this part must include in the advertisement the
  533  license number or registration number issued to the organization
  534  by the agency. The agency shall assess a fine of not less than
  535  $100 to any licensee or registrant who fails to include the
  536  license or registration number when submitting the advertisement
  537  for publication, broadcast, or printing. The fine for a second
  538  or subsequent offense is $500. The holder of a license issued
  539  under this part may not advertise or indicate to the public that
  540  it holds a home health agency or nurse registry license other
  541  than the one it has been issued.
  542         (5) The following are exempt from the licensure
  543  requirements of this part:
  544         (b) Home health services provided by a state agency, either
  545  directly or through a contractor with:
  546         1. The Department of Elderly Affairs.
  547         2. The Department of Health, a community health center, or
  548  a rural health network that furnishes home visits for the
  549  purpose of providing environmental assessments, case management,
  550  health education, personal care services, family planning, or
  551  followup treatment, or for the purpose of monitoring and
  552  tracking disease.
  553         3. Services provided to persons with developmental
  554  disabilities, as defined in s. 393.063.
  555         4.Companion and sitter organizations that were registered
  556  under s. 400.509(1) on January 1, 1999, and were authorized to
  557  provide personal services under a developmental services
  558  provider certificate on January 1, 1999, may continue to provide
  559  such services to past, present, and future clients of the
  560  organization who need such services, notwithstanding the
  561  provisions of this act.
  562         4.5. The Department of Children and Family Services.
  563         Section 11. Section 400.497, Florida Statutes, is amended
  564  to read:
  565         400.497 Rules establishing minimum standards.—The agency
  566  shall adopt, publish, and enforce rules to implement part II of
  567  chapter 408 and this part, including, as applicable, s. ss.
  568  400.506 and 400.509, which must provide reasonable and fair
  569  minimum standards relating to:
  570         (1) The home health aide competency test and home health
  571  aide training. The agency shall create the home health aide
  572  competency test and establish the curriculum and instructor
  573  qualifications for home health aide training. Licensed home
  574  health agencies may provide this training and shall furnish
  575  documentation of such training to other licensed home health
  576  agencies upon request. Successful passage of the competency test
  577  by home health aides may be substituted for the training
  578  required under this section and any rule adopted pursuant
  579  thereto.
  580         (2) Shared staffing. The agency shall allow shared staffing
  581  if the home health agency is part of a retirement community that
  582  provides multiple levels of care, is located on one campus, is
  583  licensed under this chapter or chapter 429, and otherwise meets
  584  the requirements of law and rule.
  585         (3) The criteria for the frequency of onsite licensure
  586  surveys.
  587         (4) Licensure application and renewal.
  588         (5) Oversight by the director of nursing. The agency shall
  589  develop rules related to:
  590         (a) Standards that address oversight responsibilities by
  591  the director of nursing of skilled nursing and personal care
  592  services provided by the home health agency’s staff;
  593         (b) Requirements for a director of nursing to provide to
  594  the agency, upon request, a certified daily report of the home
  595  health services provided by a specified direct employee or
  596  contracted staff member on behalf of the home health agency. The
  597  agency may request a certified daily report only for a period
  598  not to exceed 2 years prior to the date of the request; and
  599         (c) A quality assurance program for home health services
  600  provided by the home health agency.
  601         (6) Conditions for using a recent unannounced licensure
  602  inspection for the inspection required in s. 408.806 related to
  603  a licensure application associated with a change in ownership of
  604  a licensed home health agency.
  605         (7) The requirements for onsite and electronic
  606  accessibility of supervisory personnel of home health agencies.
  607         (8) Information to be included in patients’ records.
  608         (9) Geographic service areas.
  609         (10) Preparation of a comprehensive emergency management
  610  plan pursuant to s. 400.492.
  611         (a) The Agency for Health Care Administration shall adopt
  612  rules establishing minimum criteria for the plan and plan
  613  updates, with the concurrence of the Department of Health and in
  614  consultation with the Department of Community Affairs.
  615         (b) The rules must address the requirements in s. 400.492.
  616  In addition, the rules shall provide for the maintenance of
  617  patient-specific medication lists that can accompany patients
  618  who are transported from their homes.
  619         (c) The plan is subject to review and approval by the
  620  county health department. During its review, the county health
  621  department shall contact state and local health and medical
  622  stakeholders when necessary. The county health department shall
  623  complete its review to ensure that the plan is in accordance
  624  with the criteria in the Agency for Health Care Administration
  625  rules within 90 days after receipt of the plan and shall approve
  626  the plan or advise the home health agency of necessary
  627  revisions. If the home health agency fails to submit a plan or
  628  fails to submit the requested information or revisions to the
  629  county health department within 30 days after written
  630  notification from the county health department, the county
  631  health department shall notify the Agency for Health Care
  632  Administration. The agency shall notify the home health agency
  633  that its failure constitutes a deficiency, subject to a fine of
  634  $5,000 per occurrence. If the plan is not submitted, information
  635  is not provided, or revisions are not made as requested, the
  636  agency may impose the fine.
  637         (d) For any home health agency that operates in more than
  638  one county, the Department of Health shall review the plan,
  639  after consulting with state and local health and medical
  640  stakeholders when necessary. The department shall complete its
  641  review within 90 days after receipt of the plan and shall
  642  approve the plan or advise the home health agency of necessary
  643  revisions. The department shall make every effort to avoid
  644  imposing differing requirements on a home health agency that
  645  operates in more than one county as a result of differing or
  646  conflicting comprehensive plan requirements of the counties in
  647  which the home health agency operates.
  648         (e) The requirements in this subsection do not apply to:
  649         1. A facility that is certified under chapter 651 and has a
  650  licensed home health agency used exclusively by residents of the
  651  facility; or
  652         2. A retirement community that consists of residential
  653  units for independent living and either a licensed nursing home
  654  or an assisted living facility, and has a licensed home health
  655  agency used exclusively by the residents of the retirement
  656  community, provided the comprehensive emergency management plan
  657  for the facility or retirement community provides for continuous
  658  care of all residents with special needs during an emergency.
  659         Section 12. Paragraph (a) of subsection (6) and paragraph
  660  (a) of subsection (15) of section 400.506, Florida Statutes, are
  661  amended to read:
  662         400.506 Licensure of nurse registries; requirements;
  663  penalties.—
  664         (6)(a) A nurse registry may refer for contract in private
  665  residences registered nurses and licensed practical nurses
  666  registered and licensed under part I of chapter 464, certified
  667  nursing assistants certified under part II of chapter 464, and
  668  home health aides who present documented proof of successful
  669  completion of the training required by rule of the agency, and
  670  companions or homemakers for the purposes of providing those
  671  services authorized under s. 400.509(1). A licensed nurse
  672  registry shall ensure that each certified nursing assistant
  673  referred for contract by the nurse registry and each home health
  674  aide referred for contract by the nurse registry is adequately
  675  trained to perform the tasks of a home health aide in the home
  676  setting. Each person referred by a nurse registry must provide
  677  current documentation that he or she is free from communicable
  678  diseases.
  679         (15)(a) The agency may deny, suspend, or revoke the license
  680  of a nurse registry and shall impose a fine of $5,000 against a
  681  nurse registry that:
  682         1. Provides services to residents in an assisted living
  683  facility for which the nurse registry does not receive fair
  684  market value remuneration.
  685         2. Provides staffing to an assisted living facility for
  686  which the nurse registry does not receive fair market value
  687  remuneration.
  688         3. Fails to provide the agency, upon request, with copies
  689  of all contracts with assisted living facilities which were
  690  executed within the last 5 years.
  691         4. Gives remuneration to a case manager, discharge planner,
  692  facility-based staff member, or third-party vendor who is
  693  involved in the discharge planning process of a facility
  694  licensed under chapter 395 or this chapter and from whom the
  695  nurse registry receives referrals, except that this subparagraph
  696  does not apply to a nurse registry that does not participate in
  697  the Medicaid or Medicare program.
  698         5. Gives remuneration to a physician, a member of the
  699  physician’s office staff, or an immediate family member of the
  700  physician, and the nurse registry received a patient referral in
  701  the last 12 months from that physician or the physician’s office
  702  staff, except that this subparagraph does not apply to a nurse
  703  registry that does not participate in the Medicaid or Medicare
  704  program.
  705         Section 13. Section 400.509, Florida Statutes, is repealed.
  706         Section 14. Section 400.512, Florida Statutes, is amended
  707  to read:
  708         400.512 Screening of home health agency personnel and;
  709  nurse registry personnel; and companions and homemakers.—The
  710  agency shall require employment or contractor screening as
  711  provided in chapter 435, using the level 1 standards for
  712  screening set forth in that chapter, for home health agency
  713  personnel and; persons referred for employment by nurse
  714  registries; and persons employed by companion or homemaker
  715  services registered under s. 400.509.
  716         (1)(a) The Agency for Health Care Administration may, upon
  717  request, grant exemptions from disqualification from employment
  718  or contracting under this section as provided in s. 435.07,
  719  except for health care practitioners licensed by the Department
  720  of Health or a regulatory board within that department.
  721         (b) The appropriate regulatory board within the Department
  722  of Health, or that department itself when there is no board,
  723  may, upon request of the licensed health care practitioner,
  724  grant exemptions from disqualification from employment or
  725  contracting under this section as provided in s. 435.07.
  726         (2) The administrator of each home health agency and, the
  727  managing employee of each nurse registry, and the managing
  728  employee of each companion or homemaker service registered under
  729  s. 400.509 must sign an affidavit annually, under penalty of
  730  perjury, stating that all personnel hired or contracted with or
  731  registered on or after October 1, 2000, who enter the home of a
  732  patient or client in their service capacity have been screened.
  733         (3) As a prerequisite to operating as a home health agency
  734  or, nurse registry, or companion or homemaker service under s.
  735  400.509, the administrator or managing employee, respectively,
  736  must submit to the agency his or her name and any other
  737  information necessary to conduct a complete screening according
  738  to this section. The agency shall submit the information to the
  739  Department of Law Enforcement for state processing. The agency
  740  shall review the record of the administrator or manager with
  741  respect to the offenses specified in this section and shall
  742  notify the owner of its findings. If disposition information is
  743  missing on a criminal record, the administrator or manager, upon
  744  request of the agency, must obtain and supply within 30 days the
  745  missing disposition information to the agency. Failure to supply
  746  missing information within 30 days or to show reasonable efforts
  747  to obtain such information will result in automatic
  748  disqualification.
  749         (4) Proof of compliance with the screening requirements of
  750  chapter 435 shall be accepted in lieu of the requirements of
  751  this section if the person has been continuously employed or
  752  registered without a breach in service that exceeds 180 days,
  753  the proof of compliance is not more than 2 years old, and the
  754  person has been screened by the Department of Law Enforcement. A
  755  home health agency or, nurse registry, or companion or homemaker
  756  service registered under s. 400.509 shall directly provide proof
  757  of compliance to another home health agency or, nurse registry,
  758  or companion or homemaker service registered under s. 400.509.
  759  The recipient home health agency or, nurse registry, or
  760  companion or homemaker service registered under s. 400.509 may
  761  not accept any proof of compliance directly from the person who
  762  requires screening. Proof of compliance with the screening
  763  requirements of this section shall be provided upon request to
  764  the person screened by the home health agencies or; nurse
  765  registries; or companion or homemaker services registered under
  766  s. 400.509.
  767         (5) There is no monetary liability on the part of, and no
  768  cause of action for damages arises against, a licensed home
  769  health agency or, licensed nurse registry, or companion or
  770  homemaker service registered under s. 400.509, that, upon notice
  771  that the employee or contractor has been found guilty of,
  772  regardless of adjudication, or entered a plea of nolo contendere
  773  or guilty to, any offense prohibited under s. 435.03 or under
  774  any similar statute of another jurisdiction, terminates the
  775  employee or contractor, whether or not the employee or
  776  contractor has filed for an exemption with the agency in
  777  accordance with chapter 435 and whether or not the time for
  778  filing has expired.
  779         (6) The costs of processing the statewide correspondence
  780  criminal records checks must be borne by the home health agency
  781  or; the nurse registry; or the companion or homemaker service
  782  registered under s. 400.509, or by the person being screened, at
  783  the discretion of the home health agency or, nurse registry, or
  784  s. 400.509 registrant.
  785         Section 15. Paragraph (a) of subsection (7) of section
  786  400.9935, Florida Statutes, is amended to read:
  787         400.9935 Clinic responsibilities.—
  788         (7)(a) Each clinic engaged in magnetic resonance imaging
  789  services must be accredited by the Joint Commission on
  790  Accreditation of Healthcare Organizations, the American College
  791  of Radiology, or the Accreditation Association for Ambulatory
  792  Health Care, within 1 year after licensure. A clinic that is
  793  accredited by the American College of Radiology or is within the
  794  original 1-year period after licensure and replaces its core
  795  magnetic resonance imaging equipment shall be given 1 year after
  796  the date on which the equipment is replaced to attain
  797  accreditation. However, a clinic may request a single, 6-month
  798  extension if it provides evidence to the agency establishing
  799  that, for good cause shown, such clinic cannot can not be
  800  accredited within 1 year after licensure, and that such
  801  accreditation will be completed within the 6-month extension.
  802  After obtaining accreditation as required by this subsection,
  803  each such clinic must maintain accreditation as a condition of
  804  renewal of its license. A clinic that files a change of
  805  ownership application must comply with the original
  806  accreditation timeframe requirements of the transferor. The
  807  agency shall deny a change of ownership application if the
  808  clinic is not in compliance with the accreditation requirements.
  809  When a clinic adds, replaces, or modifies magnetic resonance
  810  imaging equipment and the accreditation agency requires new
  811  accreditation, the clinic must be accredited within 1 year after
  812  the date of the addition, replacement, or modification but may
  813  request a single, 6-month extension if the clinic provides
  814  evidence of good cause to the agency.
  815         Section 16. Subsection (6) of section 400.995, Florida
  816  Statutes, is amended to read:
  817         400.995 Agency administrative penalties.—
  818         (6) The agency, as an alternative to or in conjunction with
  819  an administrative action against a clinic for violations of this
  820  part and adopted rules, shall make a reasonable attempt to
  821  discuss each violation and recommended corrective action with
  822  the owner, medical director, or clinic director of the clinic,
  823  prior to written notification. The agency, instead of fixing a
  824  period within which the clinic shall enter into compliance with
  825  standards, may request a plan of corrective action from the
  826  clinic which demonstrates a good faith effort to remedy each
  827  violation by a specific date, subject to the approval of the
  828  agency.
  829         Section 17. Subsections (5) and (9) of section 408.803,
  830  Florida Statutes, are amended to read:
  831         408.803 Definitions.—As used in this part, the term:
  832         (5) “Change of ownership” means:
  833         (a) An event in which the licensee sells or otherwise
  834  transfers its ownership changes to a different individual or
  835  legal entity as evidenced by a change in federal employer
  836  identification number or taxpayer identification number; or
  837         (b)An event in which 51 45 percent or more of the
  838  ownership, voting shares, membership, or controlling interest of
  839  a licensee is in any manner transferred or otherwise assigned.
  840  This paragraph does not apply to a licensee that is publicly
  841  traded on a recognized stock exchange in a corporation whose
  842  shares are not publicly traded on a recognized stock exchange is
  843  transferred or assigned, including the final transfer or
  844  assignment of multiple transfers or assignments over a 2-year
  845  period that cumulatively total 45 percent or greater.
  846  
  847  A change solely in the management company or board of directors
  848  is not a change of ownership.
  849         (9) “Licensee” means an individual, corporation,
  850  partnership, firm, association, or governmental entity, or other
  851  entity that is issued a permit, registration, certificate, or
  852  license by the agency. The licensee is legally responsible for
  853  all aspects of the provider operation.
  854         Section 18. Paragraph (a) of subsection (1), subsection
  855  (2), paragraph (c) of subsection (7), and subsection (8) of
  856  section 408.806, Florida Statutes, are amended to read:
  857         408.806 License application process.—
  858         (1) An application for licensure must be made to the agency
  859  on forms furnished by the agency, submitted under oath, and
  860  accompanied by the appropriate fee in order to be accepted and
  861  considered timely. The application must contain information
  862  required by authorizing statutes and applicable rules and must
  863  include:
  864         (a) The name, address, and social security number of:
  865         1. The applicant;
  866         2.The administrator or a similarly titled person who is
  867  responsible for the day-to-day operation of the provider;
  868         3.The financial officer or similarly titled person who is
  869  responsible for the financial operation of the licensee or
  870  provider; and
  871         4. Each controlling interest if the applicant or
  872  controlling interest is an individual.
  873         (2)(a) The applicant for a renewal license must submit an
  874  application that must be received by the agency at least 60 days
  875  but no more than 120 days before prior to the expiration of the
  876  current license. An application received more than 120 days
  877  before the expiration of the current license shall be returned
  878  to the applicant. If the renewal application and fee are
  879  received prior to the license expiration date, the license shall
  880  not be deemed to have expired if the license expiration date
  881  occurs during the agency’s review of the renewal application.
  882         (b) The applicant for initial licensure due to a change of
  883  ownership must submit an application that must be received by
  884  the agency at least 60 days prior to the date of change of
  885  ownership.
  886         (c) For any other application or request, the applicant
  887  must submit an application or request that must be received by
  888  the agency at least 60 days but no more than 120 days before
  889  prior to the requested effective date, unless otherwise
  890  specified in authorizing statutes or applicable rules. An
  891  application received more than 120 days before the requested
  892  effective date shall be returned to the applicant.
  893         (d) The agency shall notify the licensee by mail or
  894  electronically at least 90 days prior to the expiration of a
  895  license that a renewal license is necessary to continue
  896  operation. The failure to timely submit a renewal application
  897  and license fee shall result in a $50 per day late fee charged
  898  to the licensee by the agency; however, the aggregate amount of
  899  the late fee may not exceed 50 percent of the licensure fee or
  900  $500, whichever is less. If an application is received after the
  901  required filing date and exhibits a hand-canceled postmark
  902  obtained from a United States post office dated on or before the
  903  required filing date, no fine will be levied.
  904         (7)
  905         (c) If an inspection is required by the authorizing statute
  906  for a license application other than an initial application, the
  907  inspection must be unannounced. This paragraph does not apply to
  908  inspections required pursuant to ss. 383.324, 395.0161(4),
  909  429.67(6), and 483.061(2).
  910         (8) The agency may establish procedures for the electronic
  911  notification and submission of required information, including,
  912  but not limited to:
  913         (a) Licensure applications.
  914         (b) Required signatures.
  915         (c) Payment of fees.
  916         (d) Notarization of applications.
  917  
  918  Requirements for electronic submission of any documents required
  919  by this part or authorizing statutes may be established by rule.
  920  As an alternative to sending documents as required by
  921  authorizing statutes, the agency may provide electronic access
  922  to information or documents.
  923         Section 19. Subsection (2) of section 408.808, Florida
  924  Statutes, is amended to read:
  925         408.808 License categories.—
  926         (2) PROVISIONAL LICENSE.—A provisional license may be
  927  issued to an applicant pursuant to s. 408.809(3). An applicant
  928  against whom a proceeding denying or revoking a license is
  929  pending at the time of license renewal may be issued a
  930  provisional license effective until final action not subject to
  931  further appeal. A provisional license may also be issued to an
  932  applicant applying for a change of ownership. A provisional
  933  license shall be limited in duration to a specific period of
  934  time, not to exceed 12 months, as determined by the agency.
  935         Section 20. Subsection (5) of section 408.809, Florida
  936  Statutes, is amended, and subsection (6) is added to that
  937  section, to read:
  938         408.809 Background screening; prohibited offenses.—
  939         (5) Effective October 1, 2009, in addition to the offenses
  940  listed in ss. 435.03 and 435.04, all persons required to undergo
  941  background screening pursuant to this part or authorizing
  942  statutes must not have been found guilty of, regardless of
  943  adjudication, or entered a plea of nolo contendere or guilty to,
  944  any of the following offenses or any similar offense of another
  945  jurisdiction:
  946         (a)Any authorizing statutes, if the offense was a felony.
  947         (b)This chapter, if the offense was a felony.
  948         (c)Section 409.920, relating to Medicaid provider fraud,
  949  if the offense was a felony.
  950         (d)Section 409.9201, relating to Medicaid fraud, if the
  951  offense was a felony.
  952         (e)Section 741.28, relating to domestic violence.
  953         (f)Chapter 784, relating to assault, battery, and culpable
  954  negligence, if the offense was a felony.
  955         (g)Section 810.02, relating to burglary.
  956         (h)Section 817.034, relating to fraudulent acts through
  957  mail, wire, radio, electromagnetic, photoelectronic, or
  958  photooptical systems.
  959         (i)Section 817.234, relating to false and fraudulent
  960  insurance claims.
  961         (j)Section 817.505, relating to patient brokering.
  962         (k)Section 817.568, relating to criminal use of personal
  963  identification information.
  964         (l)Section 817.60, relating to obtaining a credit card
  965  through fraudulent means.
  966         (m)Section 817.61, relating to fraudulent use of credit
  967  cards, if the offense was a felony.
  968         (n)Section 831.01, relating to forgery.
  969         (o)Section 831.02, relating to uttering forged
  970  instruments.
  971         (p)Section 831.07, relating to forging bank bills, checks,
  972  drafts, or promissory notes.
  973         (q)Section 831.09, relating to uttering forged bank bills,
  974  checks, drafts, or promissory notes.
  975         (r)Section 831.30, relating to fraud in obtaining
  976  medicinal drugs.
  977         (s)Section 831.31, relating to the sale, manufacture,
  978  delivery, or possession with the intent to sell, manufacture, or
  979  deliver any counterfeit controlled substance, if the offense was
  980  a felony.
  981  
  982  A person who serves as a controlling interest of or is employed
  983  by a licensee on September 30, 2009, is not required by law to
  984  submit to rescreening if that licensee has in its possession
  985  written evidence that the person has been screened and qualified
  986  according to the standards specified in s. 435.03 or s. 435.04.
  987  However, if such person has a disqualifying offense listed in
  988  this section, he or she may apply for an exemption from the
  989  appropriate licensing agency before September 30, 2009, and if
  990  agreed to by the employer, may continue to perform his or her
  991  duties until the licensing agency renders a decision on the
  992  application for exemption for offenses listed in this section.
  993  Exemptions from disqualification may be granted pursuant to s.
  994  435.07 Background screening is not required to obtain a
  995  certificate of exemption issued under s. 483.106.
  996         (6)The attestations required under ss. 435.04(5) and
  997  435.05(3) must be submitted at the time of license renewal,
  998  notwithstanding the provisions of ss. 435.04(5) and 435.05(3)
  999  which require annual submission of an affidavit of compliance
 1000  with background screening requirements.
 1001         Section 21. Subsection (3) of section 408.810, Florida
 1002  Statutes, is amended to read:
 1003         408.810 Minimum licensure requirements.—In addition to the
 1004  licensure requirements specified in this part, authorizing
 1005  statutes, and applicable rules, each applicant and licensee must
 1006  comply with the requirements of this section in order to obtain
 1007  and maintain a license.
 1008         (3) Unless otherwise specified in this part, authorizing
 1009  statutes, or applicable rules, any information required to be
 1010  reported to the agency must be submitted within 21 calendar days
 1011  after the report period or effective date of the information,
 1012  whichever is earlier, including, but not limited to, any change
 1013  of:
 1014         (a)Information contained in the most recent application
 1015  for licensure.
 1016         (b)Required insurance or bonds.
 1017         Section 22. Section 408.811, Florida Statutes, is amended
 1018  to read:
 1019         408.811 Right of inspection; copies; inspection reports;
 1020  plan for correction of deficiencies.—
 1021         (1) An authorized officer or employee of the agency may
 1022  make or cause to be made any inspection or investigation deemed
 1023  necessary by the agency to determine the state of compliance
 1024  with this part, authorizing statutes, and applicable rules. The
 1025  right of inspection extends to any business that the agency has
 1026  reason to believe is being operated as a provider without a
 1027  license, but inspection of any business suspected of being
 1028  operated without the appropriate license may not be made without
 1029  the permission of the owner or person in charge unless a warrant
 1030  is first obtained from a circuit court. Any application for a
 1031  license issued under this part, authorizing statutes, or
 1032  applicable rules constitutes permission for an appropriate
 1033  inspection to verify the information submitted on or in
 1034  connection with the application.
 1035         (a) All inspections shall be unannounced, except as
 1036  specified in s. 408.806.
 1037         (b) Inspections for relicensure shall be conducted
 1038  biennially unless otherwise specified by authorizing statutes or
 1039  applicable rules.
 1040         (2) Inspections conducted in conjunction with
 1041  certification, comparable licensure requirements, or a
 1042  recognized or approved accreditation organization may be
 1043  accepted in lieu of a complete licensure inspection. However, a
 1044  licensure inspection may also be conducted to review any
 1045  licensure requirements that are not also requirements for
 1046  certification.
 1047         (3) The agency shall have access to and the licensee shall
 1048  provide, or if requested send, copies of all provider records
 1049  required during an inspection or other review at no cost to the
 1050  agency, including records requested during an offsite review.
 1051         (4)A deficiency must be corrected within 30 calendar days
 1052  after the provider is notified of inspection results unless an
 1053  alternative timeframe is required or approved by the agency.
 1054         (5)The agency may require an applicant or licensee to
 1055  submit a plan of correction for deficiencies. If required, the
 1056  plan of correction must be filed with the agency within 10
 1057  calendar days after notification unless an alternative timeframe
 1058  is required.
 1059         (6)(a)(4)(a) Each licensee shall maintain as public
 1060  information, available upon request, records of all inspection
 1061  reports pertaining to that provider that have been filed by the
 1062  agency unless those reports are exempt from or contain
 1063  information that is exempt from s. 119.07(1) and s. 24(a), Art.
 1064  I of the State Constitution or is otherwise made confidential by
 1065  law. Effective October 1, 2006, copies of such reports shall be
 1066  retained in the records of the provider for at least 3 years
 1067  following the date the reports are filed and issued, regardless
 1068  of a change of ownership.
 1069         (b) A licensee shall, upon the request of any person who
 1070  has completed a written application with intent to be admitted
 1071  by such provider, any person who is a client of such provider,
 1072  or any relative, spouse, or guardian of any such person, furnish
 1073  to the requester a copy of the last inspection report pertaining
 1074  to the licensed provider that was issued by the agency or by an
 1075  accrediting organization if such report is used in lieu of a
 1076  licensure inspection.
 1077         Section 23. Section 408.813, Florida Statutes, is amended
 1078  to read:
 1079         408.813 Administrative fines; violations.—As a penalty for
 1080  any violation of this part, authorizing statutes, or applicable
 1081  rules, the agency may impose an administrative fine.
 1082         (1) Unless the amount or aggregate limitation of the fine
 1083  is prescribed by authorizing statutes or applicable rules, the
 1084  agency may establish criteria by rule for the amount or
 1085  aggregate limitation of administrative fines applicable to this
 1086  part, authorizing statutes, and applicable rules. Each day of
 1087  violation constitutes a separate violation and is subject to a
 1088  separate fine. For fines imposed by final order of the agency
 1089  and not subject to further appeal, the violator shall pay the
 1090  fine plus interest at the rate specified in s. 55.03 for each
 1091  day beyond the date set by the agency for payment of the fine.
 1092         (2)Violations of this part, authorizing statutes, or
 1093  applicable rules shall be classified according to the nature of
 1094  the violation and the gravity of its probable effect on clients.
 1095  The scope of a violation may be cited as an isolated, patterned,
 1096  or widespread deficiency. An isolated deficiency is a deficiency
 1097  affecting one or a very limited number of clients, or involving
 1098  one or a very limited number of staff, or a situation that
 1099  occurred only occasionally or in a very limited number of
 1100  locations. A patterned deficiency is a deficiency in which more
 1101  than a very limited number of clients are affected, or more than
 1102  a very limited number of staff are involved, or the situation
 1103  has occurred in several locations, or the same client or clients
 1104  have been affected by repeated occurrences of the same deficient
 1105  practice but the effect of the deficient practice is not found
 1106  to be pervasive throughout the provider. A widespread deficiency
 1107  is a deficiency in which the problems causing the deficiency are
 1108  pervasive in the provider or represent systemic failure that has
 1109  affected or has the potential to affect a large portion of the
 1110  provider’s clients. This subsection does not affect the
 1111  legislative determination of the amount of a fine imposed under
 1112  authorizing statutes. Violations shall be classified on the
 1113  written notice as follows:
 1114         (a)Class “I” violations are those conditions or
 1115  occurrences related to the operation and maintenance of a
 1116  provider or to the care of clients which the agency determines
 1117  present an imminent danger to the clients of the provider or a
 1118  substantial probability that death or serious physical or
 1119  emotional harm would result therefrom. The condition or practice
 1120  constituting a class I violation shall be abated or eliminated
 1121  within 24 hours, unless a fixed period, as determined by the
 1122  agency, is required for correction. The agency shall impose an
 1123  administrative fine as provided by law for a cited class I
 1124  violation. A fine shall be levied notwithstanding the correction
 1125  of the violation.
 1126         (b)Class “II” violations are those conditions or
 1127  occurrences related to the operation and maintenance of a
 1128  provider or to the care of clients which the agency determines
 1129  directly threaten the physical or emotional health, safety, or
 1130  security of the clients, other than class I violations. The
 1131  agency shall impose an administrative fine as provided by law
 1132  for a cited class II violation. A fine shall be levied
 1133  notwithstanding the correction of the violation.
 1134         (c)Class “III” violations are those conditions or
 1135  occurrences related to the operation and maintenance of a
 1136  provider or to the care of clients which the agency determines
 1137  indirectly or potentially threaten the physical or emotional
 1138  health, safety, or security of clients, other than class I or
 1139  class II violations. The agency shall impose an administrative
 1140  fine as provided in this section for a cited class III
 1141  violation. A citation for a class III violation must specify the
 1142  time within which the violation is required to be corrected. If
 1143  a class III violation is corrected within the time specified, a
 1144  fine may not be imposed.
 1145         (d)Class “IV” violations are those conditions or
 1146  occurrences related to the operation and maintenance of a
 1147  provider or to required reports, forms, or documents that do not
 1148  have the potential of negatively affecting clients. These
 1149  violations are of a type that the agency determines do not
 1150  threaten the health, safety, or security of clients. The agency
 1151  shall impose an administrative fine as provided in this section
 1152  for a cited class IV violation. A citation for a class IV
 1153  violation must specify the time within which the violation is
 1154  required to be corrected. If a class IV violation is corrected
 1155  within the time specified, a fine may not be imposed.
 1156         Section 24. Subsections (11), (12), (13), (14), (15), (16),
 1157  (17), (18), (19), (20), (21), (22), (23), (24), (25), (26),
 1158  (27), (28), and (29) of section 408.820, Florida Statutes, are
 1159  amended to read:
 1160         408.820 Exemptions.—Except as prescribed in authorizing
 1161  statutes, the following exemptions shall apply to specified
 1162  requirements of this part:
 1163         (11)Private review agents, as provided under part I of
 1164  chapter 395, are exempt from ss. 408.806(7), 408.810, and
 1165  408.811.
 1166         (11)(12) Health care risk managers, as provided under part
 1167  I of chapter 395, are exempt from ss. 408.806(7), 408.810(4)
 1168  (10) 408.810, and 408.811.
 1169         (12)(13) Nursing homes, as provided under part II of
 1170  chapter 400, are exempt from s. 408.810(7).
 1171         (13)(14) Assisted living facilities, as provided under part
 1172  I of chapter 429, are exempt from s. 408.810(10).
 1173         (14)(15) Home health agencies, as provided under part III
 1174  of chapter 400, are exempt from s. 408.810(10).
 1175         (15)(16) Nurse registries, as provided under part III of
 1176  chapter 400, are exempt from s. 408.810(6) and (10).
 1177         (17)Companion services or homemaker services providers, as
 1178  provided under part III of chapter 400, are exempt from s.
 1179  408.810(6)-(10).
 1180         (16)(18) Adult day care centers, as provided under part III
 1181  of chapter 429, are exempt from s. 408.810(10).
 1182         (17)(19) Adult family-care homes, as provided under part II
 1183  of chapter 429, are exempt from s. 408.810(7)-(10).
 1184         (18)(20) Homes for special services, as provided under part
 1185  V of chapter 400, are exempt from s. 408.810(7)-(10).
 1186         (19)(21) Transitional living facilities, as provided under
 1187  part V of chapter 400, are exempt from s. 408.810(10) s.
 1188  408.810(7)-(10).
 1189         (20)(22) Prescribed pediatric extended care centers, as
 1190  provided under part VI of chapter 400, are exempt from s.
 1191  408.810(10).
 1192         (21)(23) Home medical equipment providers, as provided
 1193  under part VII of chapter 400, are exempt from s. 408.810(10).
 1194         (22)(24) Intermediate care facilities for persons with
 1195  developmental disabilities, as provided under part VIII of
 1196  chapter 400, are exempt from s. 408.810(7).
 1197         (23)(25) Health care services pools, as provided under part
 1198  IX of chapter 400, are exempt from s. 408.810(6)-(10).
 1199         (24)(26) Health care clinics, as provided under part X of
 1200  chapter 400, are exempt from s. 408.810(6), (7), (10) ss.
 1201  408.809 and 408.810(1), (6), (7), and (10).
 1202         (27)Clinical laboratories, as provided under part I of
 1203  chapter 483, are exempt from s. 408.810(5)-(10).
 1204         (25)(28) Multiphasic health testing centers, as provided
 1205  under part II of chapter 483, are exempt from s. 408.810(5)
 1206  (10).
 1207         (26)(29) Organ and tissue procurement agencies, as provided
 1208  under chapter 765, are exempt from s. 408.810(5)-(10).
 1209         Section 25. Section 408.821, Florida Statutes, is created
 1210  to read:
 1211         408.821Emergency management planning; emergency
 1212  operations; inactive license.—
 1213         (1)A licensee required by authorizing statutes to have an
 1214  emergency operations plan must designate a safety liaison to
 1215  serve as the primary contact for emergency operations.
 1216         (2)An entity subject to this part may temporarily exceed
 1217  its licensed capacity to act as a receiving provider in
 1218  accordance with an approved emergency operations plan for up to
 1219  15 days. While in an overcapacity status, each provider must
 1220  furnish or arrange for appropriate care and services to all
 1221  clients. In addition, the agency may approve requests for
 1222  overcapacity in excess of 15 days, which approvals may be based
 1223  upon satisfactory justification and need as provided by the
 1224  receiving and sending providers.
 1225         (3)(a)An inactive license may be issued to a licensee
 1226  subject to this section when the provider is located in a
 1227  geographic area in which a state of emergency was declared by
 1228  the Governor if the provider:
 1229         1.Suffered damage to its operation during the state of
 1230  emergency.
 1231         2.Is currently licensed.
 1232         3.Does not have a provisional license.
 1233         4.Will be temporarily unable to provide services but is
 1234  reasonably expected to resume services within 12 months.
 1235         (b)An inactive license may be issued for a period not to
 1236  exceed 12 months but may be renewed by the agency for up to 12
 1237  additional months upon demonstration to the agency of progress
 1238  toward reopening. A request by a licensee for an inactive
 1239  license or to extend the previously approved inactive period
 1240  must be submitted in writing to the agency, accompanied by
 1241  written justification for the inactive license, which states the
 1242  beginning and ending dates of inactivity and includes a plan for
 1243  the transfer of any clients to other providers and appropriate
 1244  licensure fees. Upon agency approval, the licensee shall notify
 1245  clients of any necessary discharge or transfer as required by
 1246  authorizing statutes or applicable rules. The beginning of the
 1247  inactive licensure period shall be the date the provider ceases
 1248  operations. The end of the inactive period shall become the
 1249  license expiration date, and all licensure fees must be current,
 1250  must be paid in full, and may be prorated. Reactivation of an
 1251  inactive license requires the prior approval by the agency of a
 1252  renewal application, including payment of licensure fees and
 1253  agency inspections indicating compliance with all requirements
 1254  of this part and applicable rules and statutes.
 1255         (4)The agency may adopt rules relating to emergency
 1256  management planning, communications, and operations. Licensees
 1257  providing residential or inpatient services must utilize an
 1258  online database approved by the agency to report information to
 1259  the agency regarding the provider’s emergency status, planning,
 1260  or operations.
 1261         Section 26. Section 408.831, Florida Statutes, is amended
 1262  to read:
 1263         408.831 Denial, suspension, or revocation of a license,
 1264  registration, certificate, or application.—
 1265         (1) In addition to any other remedies provided by law, the
 1266  agency may deny each application or suspend or revoke each
 1267  license, registration, or certificate of entities regulated or
 1268  licensed by it:
 1269         (a) If the applicant, licensee, or a licensee subject to
 1270  this part which shares a common controlling interest with the
 1271  applicant has failed to pay all outstanding fines, liens, or
 1272  overpayments assessed by final order of the agency or final
 1273  order of the Centers for Medicare and Medicaid Services, not
 1274  subject to further appeal, unless a repayment plan is approved
 1275  by the agency; or
 1276         (b) For failure to comply with any repayment plan.
 1277         (2) In reviewing any application requesting a change of
 1278  ownership or change of the licensee, registrant, or
 1279  certificateholder, the transferor shall, prior to agency
 1280  approval of the change, repay or make arrangements to repay any
 1281  amounts owed to the agency. Should the transferor fail to repay
 1282  or make arrangements to repay the amounts owed to the agency,
 1283  the issuance of a license, registration, or certificate to the
 1284  transferee shall be delayed until repayment or until
 1285  arrangements for repayment are made.
 1286         (3)An entity subject to this section may exceed its
 1287  licensed capacity to act as a receiving facility in accordance
 1288  with an emergency operations plan for clients of evacuating
 1289  providers from a geographic area where an evacuation order has
 1290  been issued by a local authority having jurisdiction. While in
 1291  an overcapacity status, each provider must furnish or arrange
 1292  for appropriate care and services to all clients. In addition,
 1293  the agency may approve requests for overcapacity beyond 15 days,
 1294  which approvals may be based upon satisfactory justification and
 1295  need as provided by the receiving and sending facilities.
 1296         (4)(a)An inactive license may be issued to a licensee
 1297  subject to this section when the provider is located in a
 1298  geographic area where a state of emergency was declared by the
 1299  Governor if the provider:
 1300         1.Suffered damage to its operation during that state of
 1301  emergency.
 1302         2.Is currently licensed.
 1303         3.Does not have a provisional license.
 1304         4.Will be temporarily unable to provide services but is
 1305  reasonably expected to resume services within 12 months.
 1306         (b)An inactive license may be issued for a period not to
 1307  exceed 12 months but may be renewed by the agency for up to 12
 1308  additional months upon demonstration to the agency of progress
 1309  toward reopening. A request by a licensee for an inactive
 1310  license or to extend the previously approved inactive period
 1311  must be submitted in writing to the agency, accompanied by
 1312  written justification for the inactive license, which states the
 1313  beginning and ending dates of inactivity and includes a plan for
 1314  the transfer of any clients to other providers and appropriate
 1315  licensure fees. Upon agency approval, the licensee shall notify
 1316  clients of any necessary discharge or transfer as required by
 1317  authorizing statutes or applicable rules. The beginning of the
 1318  inactive licensure period shall be the date the provider ceases
 1319  operations. The end of the inactive period shall become the
 1320  licensee expiration date, and all licensure fees must be
 1321  current, paid in full, and may be prorated. Reactivation of an
 1322  inactive license requires the prior approval by the agency of a
 1323  renewal application, including payment of licensure fees and
 1324  agency inspections indicating compliance with all requirements
 1325  of this part and applicable rules and statutes.
 1326         (3)(5) This section provides standards of enforcement
 1327  applicable to all entities licensed or regulated by the Agency
 1328  for Health Care Administration. This section controls over any
 1329  conflicting provisions of chapters 39, 383, 390, 391, 394, 395,
 1330  400, 408, 429, 468, 483, and 765 or rules adopted pursuant to
 1331  those chapters.
 1332         Section 27. Paragraph (e) of subsection (4) of section
 1333  409.221, Florida Statutes, is amended to read:
 1334         409.221 Consumer-directed care program.—
 1335         (4) CONSUMER-DIRECTED CARE.—
 1336         (e) Services.—Consumers shall use the budget allowance only
 1337  to pay for home and community-based services that meet the
 1338  consumer’s long-term care needs and are a cost-efficient use of
 1339  funds. Such services may include, but are not limited to, the
 1340  following:
 1341         1. Personal care.
 1342         2. Homemaking and chores, including housework, meals,
 1343  shopping, and transportation.
 1344         3. Home modifications and assistive devices which may
 1345  increase the consumer’s independence or make it possible to
 1346  avoid institutional placement.
 1347         4. Assistance in taking self-administered medication.
 1348         5. Day care and respite care services, including those
 1349  provided by nursing home facilities pursuant to s. 400.141(1)(f)
 1350  s. 400.141(6) or by adult day care facilities licensed pursuant
 1351  to s. 429.907.
 1352         6. Personal care and support services provided in an
 1353  assisted living facility.
 1354         Section 28. Subsection (5) of section 409.901, Florida
 1355  Statutes, is amended to read:
 1356         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1357  409.901-409.920, except as otherwise specifically provided, the
 1358  term:
 1359         (5) “Change of ownership” means:
 1360         (a) An event in which the provider ownership changes to a
 1361  different individual legal entity as evidenced by a change in
 1362  federal employer identification number or taxpayer
 1363  identification number; or
 1364         (b)An event in which 51 45 percent or more of the
 1365  ownership, voting shares, membership, or controlling interest of
 1366  a provider is in any manner transferred or otherwise assigned.
 1367  This paragraph does not apply to a licensee that is publicly
 1368  traded on a recognized stock exchange; or
 1369         (c)When the provider is licensed or registered by the
 1370  agency, an event considered a change of ownership for licensure
 1371  as defined in s. 408.803 in a corporation whose shares are not
 1372  publicly traded on a recognized stock exchange is transferred or
 1373  assigned, including the final transfer or assignment of multiple
 1374  transfers or assignments over a 2-year period that cumulatively
 1375  total 45 percent or more.
 1376  
 1377  A change solely in the management company or board of directors
 1378  is not a change of ownership.
 1379         Section 29. Section 429.071, Florida Statutes, is repealed.
 1380         Section 30. Paragraph (e) of subsection (1) and subsections
 1381  (2) and (3) of section 429.08, Florida Statutes, are amended to
 1382  read:
 1383         429.08 Unlicensed facilities; referral of person for
 1384  residency to unlicensed facility; penalties; verification of
 1385  licensure status.—
 1386         (1)
 1387         (e) The agency shall publish provide to the department’s
 1388  elder information and referral providers a list, by county, of
 1389  licensed assisted living facilities, to assist persons who are
 1390  considering an assisted living facility placement in locating a
 1391  licensed facility. This information may be provided
 1392  electronically or through the agency’s Internet site.
 1393         (2)Each field office of the Agency for Health Care
 1394  Administration shall establish a local coordinating workgroup
 1395  which includes representatives of local law enforcement
 1396  agencies, state attorneys, the Medicaid Fraud Control Unit of
 1397  the Department of Legal Affairs, local fire authorities, the
 1398  Department of Children and Family Services, the district long
 1399  term care ombudsman council, and the district human rights
 1400  advocacy committee to assist in identifying the operation of
 1401  unlicensed facilities and to develop and implement a plan to
 1402  ensure effective enforcement of state laws relating to such
 1403  facilities. The workgroup shall report its findings, actions,
 1404  and recommendations semiannually to the Director of Health
 1405  Quality Assurance of the agency.
 1406         (2)(3) It is unlawful to knowingly refer a person for
 1407  residency to an unlicensed assisted living facility; to an
 1408  assisted living facility the license of which is under denial or
 1409  has been suspended or revoked; or to an assisted living facility
 1410  that has a moratorium pursuant to part II of chapter 408. Any
 1411  person who violates this subsection commits a noncriminal
 1412  violation, punishable by a fine not exceeding $500 as provided
 1413  in s. 775.083.
 1414         (a) Any health care practitioner, as defined in s. 456.001,
 1415  who is aware of the operation of an unlicensed facility shall
 1416  report that facility to the agency. Failure to report a facility
 1417  that the practitioner knows or has reasonable cause to suspect
 1418  is unlicensed shall be reported to the practitioner’s licensing
 1419  board.
 1420         (b) Any provider as defined in s. 408.803 hospital or
 1421  community mental health center licensed under chapter 395 or
 1422  chapter 394 which knowingly discharges a patient or client to an
 1423  unlicensed facility is subject to sanction by the agency.
 1424         (c) Any employee of the agency or department, or the
 1425  Department of Children and Family Services, who knowingly refers
 1426  a person for residency to an unlicensed facility; to a facility
 1427  the license of which is under denial or has been suspended or
 1428  revoked; or to a facility that has a moratorium pursuant to part
 1429  II of chapter 408 is subject to disciplinary action by the
 1430  agency or department, or the Department of Children and Family
 1431  Services.
 1432         (d) The employer of any person who is under contract with
 1433  the agency or department, or the Department of Children and
 1434  Family Services, and who knowingly refers a person for residency
 1435  to an unlicensed facility; to a facility the license of which is
 1436  under denial or has been suspended or revoked; or to a facility
 1437  that has a moratorium pursuant to part II of chapter 408 shall
 1438  be fined and required to prepare a corrective action plan
 1439  designed to prevent such referrals.
 1440         (e)The agency shall provide the department and the
 1441  Department of Children and Family Services with a list of
 1442  licensed facilities within each county and shall update the list
 1443  at least quarterly.
 1444         (f)At least annually, the agency shall notify, in
 1445  appropriate trade publications, physicians licensed under
 1446  chapter 458 or chapter 459, hospitals licensed under chapter
 1447  395, nursing home facilities licensed under part II of chapter
 1448  400, and employees of the agency or the department, or the
 1449  Department of Children and Family Services, who are responsible
 1450  for referring persons for residency, that it is unlawful to
 1451  knowingly refer a person for residency to an unlicensed assisted
 1452  living facility and shall notify them of the penalty for
 1453  violating such prohibition. The department and the Department of
 1454  Children and Family Services shall, in turn, notify service
 1455  providers under contract to the respective departments who have
 1456  responsibility for resident referrals to facilities. Further,
 1457  the notice must direct each noticed facility and individual to
 1458  contact the appropriate agency office in order to verify the
 1459  licensure status of any facility prior to referring any person
 1460  for residency. Each notice must include the name, telephone
 1461  number, and mailing address of the appropriate office to
 1462  contact.
 1463         Section 31. Paragraph (e) of subsection (1) of section
 1464  429.14, Florida Statutes, is amended to read:
 1465         429.14 Administrative penalties.—
 1466         (1) In addition to the requirements of part II of chapter
 1467  408, the agency may deny, revoke, and suspend any license issued
 1468  under this part and impose an administrative fine in the manner
 1469  provided in chapter 120 against a licensee of an assisted living
 1470  facility for a violation of any provision of this part, part II
 1471  of chapter 408, or applicable rules, or for any of the following
 1472  actions by a licensee of an assisted living facility, for the
 1473  actions of any person subject to level 2 background screening
 1474  under s. 408.809, or for the actions of any facility employee:
 1475         (e) A citation of any of the following deficiencies as
 1476  specified defined in s. 429.19:
 1477         1. One or more cited class I deficiencies.
 1478         2. Three or more cited class II deficiencies.
 1479         3. Five or more cited class III deficiencies that have been
 1480  cited on a single survey and have not been corrected within the
 1481  times specified.
 1482         Section 32. Section 429.19, Florida Statutes, is amended to
 1483  read:
 1484         429.19 Violations; imposition of administrative fines;
 1485  grounds.—
 1486         (1) In addition to the requirements of part II of chapter
 1487  408, the agency shall impose an administrative fine in the
 1488  manner provided in chapter 120 for the violation of any
 1489  provision of this part, part II of chapter 408, and applicable
 1490  rules by an assisted living facility, for the actions of any
 1491  person subject to level 2 background screening under s. 408.809,
 1492  for the actions of any facility employee, or for an intentional
 1493  or negligent act seriously affecting the health, safety, or
 1494  welfare of a resident of the facility.
 1495         (2) Each violation of this part and adopted rules shall be
 1496  classified according to the nature of the violation and the
 1497  gravity of its probable effect on facility residents. The agency
 1498  shall indicate the classification on the written notice of the
 1499  violation as follows:
 1500         (a) Class “I” violations are defined in s. 408.813 those
 1501  conditions or occurrences related to the operation and
 1502  maintenance of a facility or to the personal care of residents
 1503  which the agency determines present an imminent danger to the
 1504  residents or guests of the facility or a substantial probability
 1505  that death or serious physical or emotional harm would result
 1506  therefrom. The condition or practice constituting a class I
 1507  violation shall be abated or eliminated within 24 hours, unless
 1508  a fixed period, as determined by the agency, is required for
 1509  correction. The agency shall impose an administrative fine for a
 1510  cited class I violation in an amount not less than $5,000 and
 1511  not exceeding $10,000 for each violation. A fine may be levied
 1512  notwithstanding the correction of the violation.
 1513         (b) Class “II” violations are defined in s. 408.813 those
 1514  conditions or occurrences related to the operation and
 1515  maintenance of a facility or to the personal care of residents
 1516  which the agency determines directly threaten the physical or
 1517  emotional health, safety, or security of the facility residents,
 1518  other than class I violations. The agency shall impose an
 1519  administrative fine for a cited class II violation in an amount
 1520  not less than $1,000 and not exceeding $5,000 for each
 1521  violation. A fine shall be levied notwithstanding the correction
 1522  of the violation.
 1523         (c) Class “III” violations are defined in s. 408.813 those
 1524  conditions or occurrences related to the operation and
 1525  maintenance of a facility or to the personal care of residents
 1526  which the agency determines indirectly or potentially threaten
 1527  the physical or emotional health, safety, or security of
 1528  facility residents, other than class I or class II violations.
 1529  The agency shall impose an administrative fine for a cited class
 1530  III violation in an amount not less than $500 and not exceeding
 1531  $1,000 for each violation. A citation for a class III violation
 1532  must specify the time within which the violation is required to
 1533  be corrected. If a class III violation is corrected within the
 1534  time specified, no fine may be imposed, unless it is a repeated
 1535  offense.
 1536         (d) Class “IV” violations are defined in s. 408.813 those
 1537  conditions or occurrences related to the operation and
 1538  maintenance of a building or to required reports, forms, or
 1539  documents that do not have the potential of negatively affecting
 1540  residents. These violations are of a type that the agency
 1541  determines do not threaten the health, safety, or security of
 1542  residents of the facility. The agency shall impose an
 1543  administrative fine for a cited class IV violation in an amount
 1544  not less than $100 and not exceeding $200 for each violation. A
 1545  citation for a class IV violation must specify the time within
 1546  which the violation is required to be corrected. If a class IV
 1547  violation is corrected within the time specified, no fine shall
 1548  be imposed. Any class IV violation that is corrected during the
 1549  time an agency survey is being conducted will be identified as
 1550  an agency finding and not as a violation.
 1551         (3)For purposes of this section, in determining if a
 1552  penalty is to be imposed and in fixing the amount of the fine,
 1553  the agency shall consider the following factors:
 1554         (a)The gravity of the violation, including the probability
 1555  that death or serious physical or emotional harm to a resident
 1556  will result or has resulted, the severity of the action or
 1557  potential harm, and the extent to which the provisions of the
 1558  applicable laws or rules were violated.
 1559         (b)Actions taken by the owner or administrator to correct
 1560  violations.
 1561         (c)Any previous violations.
 1562         (d)The financial benefit to the facility of committing or
 1563  continuing the violation.
 1564         (e)The licensed capacity of the facility.
 1565         (3)(4) Each day of continuing violation after the date
 1566  fixed for termination of the violation, as ordered by the
 1567  agency, constitutes an additional, separate, and distinct
 1568  violation.
 1569         (4)(5) Any action taken to correct a violation shall be
 1570  documented in writing by the owner or administrator of the
 1571  facility and verified through followup visits by agency
 1572  personnel. The agency may impose a fine and, in the case of an
 1573  owner-operated facility, revoke or deny a facility’s license
 1574  when a facility administrator fraudulently misrepresents action
 1575  taken to correct a violation.
 1576         (5)(6) Any facility whose owner fails to apply for a
 1577  change-of-ownership license in accordance with part II of
 1578  chapter 408 and operates the facility under the new ownership is
 1579  subject to a fine of $5,000.
 1580         (6)(7) In addition to any administrative fines imposed, the
 1581  agency may assess a survey fee, equal to the lesser of one half
 1582  of the facility’s biennial license and bed fee or $500, to cover
 1583  the cost of conducting initial complaint investigations that
 1584  result in the finding of a violation that was the subject of the
 1585  complaint or monitoring visits conducted under s. 429.28(3)(c)
 1586  to verify the correction of the violations.
 1587         (7)(8) The agency, as an alternative to or in conjunction
 1588  with an administrative action against a facility for violations
 1589  of this part and adopted rules, shall make a reasonable attempt
 1590  to discuss each violation and recommended corrective action with
 1591  the owner or administrator of the facility, prior to written
 1592  notification. The agency, instead of fixing a period within
 1593  which the facility shall enter into compliance with standards,
 1594  may request a plan of corrective action from the facility which
 1595  demonstrates a good faith effort to remedy each violation by a
 1596  specific date, subject to the approval of the agency.
 1597         (8)(9) The agency shall develop and disseminate an annual
 1598  list of all facilities sanctioned or fined $5,000 or more for
 1599  violations of state standards, the number and class of
 1600  violations involved, the penalties imposed, and the current
 1601  status of cases. The list shall be disseminated, at no charge,
 1602  to the Department of Elderly Affairs, the Department of Health,
 1603  the Department of Children and Family Services, the Agency for
 1604  Persons with Disabilities, the area agencies on aging, the
 1605  Florida Statewide Advocacy Council, and the state and local
 1606  ombudsman councils. The Department of Children and Family
 1607  Services shall disseminate the list to service providers under
 1608  contract to the department who are responsible for referring
 1609  persons to a facility for residency. The agency may charge a fee
 1610  commensurate with the cost of printing and postage to other
 1611  interested parties requesting a copy of this list. This
 1612  information may be provided electronically or through the
 1613  agency’s Internet site.
 1614         Section 33. Subsections (2) and (6) of section 429.23,
 1615  Florida Statutes, are amended to read:
 1616         429.23 Internal risk management and quality assurance
 1617  program; adverse incidents and reporting requirements.—
 1618         (2) Every facility licensed under this part is required to
 1619  maintain adverse incident reports. For purposes of this section,
 1620  the term, “adverse incident” means:
 1621         (a) An event over which facility personnel could exercise
 1622  control rather than as a result of the resident’s condition and
 1623  results in:
 1624         1. Death;
 1625         2. Brain or spinal damage;
 1626         3. Permanent disfigurement;
 1627         4. Fracture or dislocation of bones or joints;
 1628         5. Any condition that required medical attention to which
 1629  the resident has not given his or her consent, including failure
 1630  to honor advanced directives;
 1631         6. Any condition that requires the transfer of the resident
 1632  from the facility to a unit providing more acute care due to the
 1633  incident rather than the resident’s condition before the
 1634  incident; or.
 1635         7.An event that is reported to law enforcement or its
 1636  personnel for investigation; or
 1637         (b)Abuse, neglect, or exploitation as defined in s.
 1638  415.102;
 1639         (c)Events reported to law enforcement; or
 1640         (b)(d)Resident elopement, if the elopement places the
 1641  resident at risk of harm or injury.
 1642         (6) Abuse, neglect, or exploitation must be reported to the
 1643  Department of Children and Family Services as required under
 1644  chapter 415 The agency shall annually submit to the Legislature
 1645  a report on assisted living facility adverse incident reports.
 1646  The report must include the following information arranged by
 1647  county:
 1648         (a)A total number of adverse incidents;
 1649         (b)A listing, by category, of the type of adverse
 1650  incidents occurring within each category and the type of staff
 1651  involved;
 1652         (c)A listing, by category, of the types of injuries, if
 1653  any, and the number of injuries occurring within each category;
 1654         (d)Types of liability claims filed based on an adverse
 1655  incident report or reportable injury; and
 1656         (e)Disciplinary action taken against staff, categorized by
 1657  the type of staff involved.
 1658         Section 34. Subsection (9) of section 429.26, Florida
 1659  Statutes, is repealed.
 1660         Section 35. Subsection (3) of section 430.80, Florida
 1661  Statutes, is amended to read:
 1662         430.80 Implementation of a teaching nursing home pilot
 1663  project.—
 1664         (3) To be designated as a teaching nursing home, a nursing
 1665  home licensee must, at a minimum:
 1666         (a) Provide a comprehensive program of integrated senior
 1667  services that include institutional services and community-based
 1668  services;
 1669         (b) Participate in a nationally recognized accreditation
 1670  program and hold a valid accreditation, such as the
 1671  accreditation awarded by the Joint Commission on Accreditation
 1672  of Healthcare Organizations;
 1673         (c) Have been in business in this state for a minimum of 10
 1674  consecutive years;
 1675         (d) Demonstrate an active program in multidisciplinary
 1676  education and research that relates to gerontology;
 1677         (e) Have a formalized contractual relationship with at
 1678  least one accredited health profession education program located
 1679  in this state;
 1680         (f) Have a formalized contractual relationship with an
 1681  accredited hospital that is designated by law as a teaching
 1682  hospital; and
 1683         (g) Have senior staff members who hold formal faculty
 1684  appointments at universities, which must include at least one
 1685  accredited health profession education program.
 1686         (h) Maintain insurance coverage pursuant to s.
 1687  400.141(1)(s) s. 400.141(20) or proof of financial
 1688  responsibility in a minimum amount of $750,000. Such proof of
 1689  financial responsibility may include:
 1690         1. Maintaining an escrow account consisting of cash or
 1691  assets eligible for deposit in accordance with s. 625.52; or
 1692         2. Obtaining and maintaining pursuant to chapter 675 an
 1693  unexpired, irrevocable, nontransferable and nonassignable letter
 1694  of credit issued by any bank or savings association organized
 1695  and existing under the laws of this state or any bank or savings
 1696  association organized under the laws of the United States that
 1697  has its principal place of business in this state or has a
 1698  branch office which is authorized to receive deposits in this
 1699  state. The letter of credit shall be used to satisfy the
 1700  obligation of the facility to the claimant upon presentment of a
 1701  final judgment indicating liability and awarding damages to be
 1702  paid by the facility or upon presentment of a settlement
 1703  agreement signed by all parties to the agreement when such final
 1704  judgment or settlement is a result of a liability claim against
 1705  the facility.
 1706         Section 36. Subsection (5) of section 435.04, Florida
 1707  Statutes, is amended to read:
 1708         435.04 Level 2 screening standards.—
 1709         (5) Under penalty of perjury, all employees in such
 1710  positions of trust or responsibility shall attest to meeting the
 1711  requirements for qualifying for employment and agreeing to
 1712  inform the employer immediately if convicted of any of the
 1713  disqualifying offenses while employed by the employer. Each
 1714  employer of employees in such positions of trust or
 1715  responsibilities which is licensed or registered by a state
 1716  agency shall submit to the licensing agency annually or at the
 1717  time of license renewal, under penalty of perjury, an affidavit
 1718  of compliance with the provisions of this section.
 1719         Section 37. Subsection (3) of section 435.05, Florida
 1720  Statutes, is amended to read:
 1721         435.05 Requirements for covered employees.—Except as
 1722  otherwise provided by law, the following requirements shall
 1723  apply to covered employees:
 1724         (3) Each employer required to conduct level 2 background
 1725  screening must sign an affidavit annually or at the time of
 1726  license renewal, under penalty of perjury, stating that all
 1727  covered employees have been screened or are newly hired and are
 1728  awaiting the results of the required screening checks.
 1729         Section 38. Subsection (2) of section 483.031, Florida
 1730  Statutes, is amended to read:
 1731         483.031 Application of part; exemptions.—This part applies
 1732  to all clinical laboratories within this state, except:
 1733         (2) A clinical laboratory that performs only waived tests
 1734  and has received a certificate of exemption from the agency
 1735  under s. 483.106.
 1736         Section 39. Subsection (10) of section 483.041, Florida
 1737  Statutes, is amended to read:
 1738         483.041 Definitions.—As used in this part, the term:
 1739         (10) “Waived test” means a test that the federal Centers
 1740  for Medicare and Medicaid Services Health Care Financing
 1741  Administration has determined qualifies for a certificate of
 1742  waiver under the federal Clinical Laboratory Improvement
 1743  Amendments of 1988, and the federal rules adopted thereunder.
 1744         Section 40. Section 483.106, Florida Statutes, is repealed.
 1745         Section 41. Subsection (3) of section 483.172, Florida
 1746  Statutes, is amended to read:
 1747         483.172 License fees.—
 1748         (3) The agency shall assess a biennial fee of $100 for a
 1749  certificate of exemption and a $100 biennial license fee under
 1750  this section for facilities surveyed by an approved accrediting
 1751  organization.
 1752         Section 42. Subsection (13) of section 651.118, Florida
 1753  Statutes, is amended to read:
 1754         651.118 Agency for Health Care Administration; certificates
 1755  of need; sheltered beds; community beds.—
 1756         (13) Residents, as defined in this chapter, are not
 1757  considered new admissions for the purpose of s. 400.141
 1758  (1)(o)1.d. s. 400.141(15)(d).
 1759         Section 43. This act shall take effect upon becoming a law.
 1760  
 1761  ================= T I T L E A M E N D M E N T ================
 1762         And the title is amended as follows:
 1763         Delete everything before the enacting clause
 1764  and insert:
 1765                        A bill to be entitled                      
 1766         An act relating to the Agency for Health Care
 1767         Administration; repealing s. 395.0199, F.S., relating
 1768         to private utilization review of health care services;
 1769         amending ss. 395.405 and 400.0712, F.S.; conforming
 1770         cross-references; repealing s. 400.118(2), F.S.;
 1771         removing provisions requiring quality-of-care monitors
 1772         for nursing facilities in agency district offices;
 1773         amending s. 400.141, F.S.; deleting a requirement that
 1774         licensed nursing home facilities provide the agency
 1775         with a monthly report on the number of vacant beds in
 1776         the facility; amending s. 400.147, F.S.; revising the
 1777         definition of the term “adverse incident” for
 1778         reporting purposes; requiring abuse, neglect, and
 1779         exploitation to be reported to the agency and the
 1780         Department of Children and Family Services; deleting a
 1781         requirement that the agency submit an annual report on
 1782         nursing home adverse incidents to the Legislature;
 1783         amending s. 400.162, F.S.; revising requirements for
 1784         policies and procedures regarding the safekeeping of a
 1785         resident’s personal effects and property; amending s.
 1786         400.195, F.S.; conforming a cross-reference; amending
 1787         s. 400.23, F.S.; deleting the requirement of the
 1788         agency to adopt rules regarding the eating assistance
 1789         provided to residents; amending s. 400.464, F.S.;
 1790         revising provisions relating to the licensure of home
 1791         health agencies to conform to changes made by the act;
 1792         conforming a cross-reference; amending s. 400.497,
 1793         F.S.; conforming a cross-reference; repealing s.
 1794         400.509, F.S., relating to the registration and
 1795         regulation of providers that offer companion or
 1796         homemaker services and are exempt from licensure;
 1797         amending ss. 400.506 and 400.512, F.S.; deleting
 1798         references to companion and homemaker services to
 1799         conform to changes made by the act; amending s.
 1800         400.9935, F.S.; revising accreditation requirements
 1801         for clinics providing magnetic resonance imaging
 1802         services; amending s. 400.995, F.S.; revising agency
 1803         responsibilities with respect to agency administrative
 1804         penalties; amending s. 408.803, F.S.; revising
 1805         definitions applicable to part II of ch. 408, F.S.,
 1806         the “Health Care Licensing Procedures Act”; amending
 1807         s. 408.806, F.S.; revising contents of and procedures
 1808         relating to health care provider applications for
 1809         licensure; providing an exception from certain
 1810         licensure inspections for adult family-care homes;
 1811         authorizing the agency to provide electronic access to
 1812         certain information and documents; amending s.
 1813         408.808, F.S.; providing for a provisional license to
 1814         be issued to applicants applying for a change of
 1815         ownership; providing a time limit on provisional
 1816         licenses; amending s. 408.809, F.S.; revising
 1817         provisions relating to background screening of
 1818         specified employees; requiring health care providers
 1819         to submit to the agency an affidavit of compliance
 1820         with background screening requirements at the time of
 1821         license renewal; deleting a provision to conform to
 1822         changes made by the act; amending s. 408.810, F.S.;
 1823         revising provisions relating to information required
 1824         for licensure; amending s. 408.811, F.S.; providing
 1825         for certain inspections to be accepted in lieu of
 1826         complete licensure inspections; granting agency access
 1827         to records requested during an offsite review;
 1828         providing timeframes for correction of certain
 1829         deficiencies and submission of plans to correct the
 1830         deficiencies; amending s. 408.813, F.S.; providing
 1831         classifications of violations of part II of ch. 408,
 1832         F.S.; providing for fines; amending s. 408.820, F.S.;
 1833         revising applicability of certain exemptions from
 1834         specified requirements of part II of ch. 408, F.S.;
 1835         creating s. 408.821, F.S.; requiring entities
 1836         regulated or licensed by the agency to designate a
 1837         liaison officer for emergency operations; authorizing
 1838         entities regulated or licensed by the agency to
 1839         temporarily exceed their licensed capacity to act as
 1840         receiving providers under specified circumstances;
 1841         providing requirements that apply while such entities
 1842         are in an overcapacity status; providing for issuance
 1843         of an inactive license to such licensees under
 1844         specified conditions; providing requirements and
 1845         procedures with respect to the issuance and
 1846         reactivation of an inactive license; authorizing the
 1847         agency to adopt rules; amending s. 408.831, F.S.;
 1848         deleting provisions relating to the authorization for
 1849         entities regulated or licensed by the agency to exceed
 1850         their licensed capacity to act as receiving facilities
 1851         and issuance and reactivation of inactive licenses;
 1852         amending s. 409.221, F.S.; conforming a cross
 1853         reference; amending s. 409.901, F.S.; redefining the
 1854         term “change of ownership” as it relates to Medicaid
 1855         providers; repealing s. 429.071, F.S., relating to the
 1856         intergenerational respite care assisted living
 1857         facility pilot program; amending s. 429.08, F.S.;
 1858         authorizing the agency to provide information
 1859         regarding licensed assisted living facilities on its
 1860         Internet website; abolishing local coordinating
 1861         workgroups established by agency field offices;
 1862         amending s. 429.14, F.S.; conforming a reference;
 1863         amending s. 429.19, F.S.; revising agency procedures
 1864         for imposition of fines for violations of part I of
 1865         ch. 429, F.S., the “Assisted Living Facilities Act”;
 1866         amending s. 429.23, F.S.; redefining the term “adverse
 1867         incident” for reporting purposes; requiring abuse,
 1868         neglect, and exploitation to be reported to the agency
 1869         and the Department of Children and Family Services;
 1870         deleting a requirement that the agency submit an
 1871         annual report on assisted living facility adverse
 1872         incidents to the Legislature; repealing s. 429.26(9),
 1873         F.S., relating to the removal of the requirement for a
 1874         resident of an assisted living facility to undergo
 1875         examinations and evaluations under certain
 1876         circumstances; amending s. 430.80, F.S.; conforming a
 1877         cross-reference; amending ss. 435.04 and 435.05, F.S.;
 1878         requiring employers of certain employees to submit an
 1879         affidavit of compliance with level 2 screening
 1880         requirements at the time of license renewal; amending
 1881         s. 483.031, F.S.; revising a provision relating to the
 1882         exemption of certain clinical laboratories, to conform
 1883         to changes made by the act; amending s. 483.041, F.S.;
 1884         redefining the term “waived test” as it is used in
 1885         part I of ch. 483, F.S., the “Florida Clinical
 1886         Laboratory Law”; repealing s. 483.106, F.S., relating
 1887         to applications for certificates of exemption by
 1888         clinical laboratories that perform certain tests;
 1889         amending ss. 483.172 and 651.118, F.S.; conforming
 1890         provisions and a cross-reference; providing an
 1891         effective date.