Senate Bill 2434 (2010) - The Florida Senate

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CS/CS/SB 2434: Health Care [SPSC]

GENERAL BILL by Policy and Steering Committee on Ways and Means ; Health Regulation ; Gardiner

Health Care [SPSC]; Amends a provision relating to the Drug-Free Workplace Act. Deletes an obsolete provision. Revises distribution of funds from civil penalties imposed for traffic infractions by county courts. Limits DOH food service inspections in nursing homes. Requires that certain blood establishments disclose specified information on the Internet. Revises grievance record maintenance and reporting requirements for nursing homes, etc.

Effective Date: 07/01/2010
Last Action: 4/27/2010 Senate - Placed on Special Order Calendar; Read 2nd time -SJ 00896; Substituted CS/CS/CS/HB 1143 (Vetoed by Governor) -SJ 00896; Laid on Table, companion bill(s) passed, see HB 5301 (Ch. 2010-156), HB 5311 (Ch. 2010-161), CS/CS/SB 1412 (Ch. 2010-102) -SJ 00896
Bill Text: Web Page | PDF

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Bill History

Date	Chamber	Action
2/25/2010	Senate	• Filed
3/4/2010	Senate	• Referred to Health Regulation; Children, Families, and Elder Affairs; Health and Human Services Appropriations; Policy & Steering Committee on Ways and Means -SJ 00208
3/11/2010	Senate	• Introduced -SJ 00208
4/8/2010	Senate	• On Committee agenda-- Health Regulation, 04/13/10, 9:15 am, 412-K
4/13/2010	Senate	• CS by Health Regulation; YEAS 7 NAYS 0 -SJ 00599; CS read 1st time on 04/15/10 -SJ 00613
4/15/2010	Senate	• Pending reference review under Rule 4.7(2) - (Committee Substitute); Original reference(s) removed: Children, Families, and Elder Affairs; Health and Human Services Appropriations; Now in Policy & Steering Committee on Ways and Means -SJ 00646; On Committee agenda-- Policy & Steering Committee on Ways and Means, 04/20/10, 2:15 pm, 412-K
4/20/2010	Senate	• CS/CS by- Policy & Steering Committee on Ways and Means; YEAS 22 NAYS 0 -SJ 00703; CS read 1st time on 04/21/10 -SJ 00711
4/21/2010	Senate	• Pending reference review -under Rule 4.7(2) - (Committee Substitute); Placed on Calendar, on 2nd reading -SJ 00703
4/26/2010	Senate	• Placed on Special Order Calendar
4/27/2010	Senate	• Placed on Special Order Calendar; Read 2nd time -SJ 00896; Substituted CS/CS/CS/HB 1143 (Vetoed by Governor) -SJ 00896; Laid on Table, companion bill(s) passed, see HB 5301 (Ch. 2010-156), HB 5311 (Ch. 2010-161), CS/CS/SB 1412 (Ch. 2010-102) -SJ 00896

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CS/CS/SB 2434, Committee Substitute 2 (Current Bill Version) Posted 4/21/2010 at 10:42 AM

Bill Text:	Web Page \| PDF

Analyses:	Policy and Steering Committee on Ways and Means (Post-Meeting) (pdf)

Related Bills (15)

Bill Number	Subject	Filed By	Relationship	Last Action and Location
H 509 (c2)	Blood Establishments [SPSC]	Tobia	Compare	Last Action: 4/30/2010 H Died in returning Messages Location:
H 911 (c2)	Electronic Health Information [SPSC]	Hudson	Compare	Last Action: 4/30/2010 H In returning messages; Died in returning Messages Location:
H 1143 (e3)		Hudson	Compare	Last Action: 5/7/2011 H Veto Message transmitted to Secretary of State Location:
H 1503 (e2)	Health Care [SPSC]	Flores	Compare	Last Action: 4/30/2010 S Died in Committee on Health Regulation, companion bill(s) passed, see HB 5311 (Ch. 2010-161), CS/CS/SB 1412 (Ch. 2010-102) Location:
H 5301 (e1)		Grimsley	Compare	Last Action: 5/28/2010 Approved by Governor; Chapter No. 2010-156; companion bill(s) passed, see HB 5001 (Ch. 2010-152) Location:
H 5311 (e1)		Grimsley	Compare	Last Action: 5/28/2010 Approved by Governor; Chapter No. 2010-161; companion bill(s) passed, see HB 5001 (Ch. 2010-152) Location:
H 7183 (e1)	Reorganization of the Department of Health	Thompson	Compare	Last Action: 4/30/2010 S Died in Messages, companion bill(s) passed, see HB 5311 (Ch. 2010-161) Location:
S 752 (e1)	Health Care [SPSC]	Gaetz	Compare	Last Action: 4/30/2010 H Died in Messages, companion bill(s) passed, see HB 5311 (Ch. 2010-161), CS/HB 7069 (Ch. 2010-114) Location:
S 760 (c1)	Health Care [SPSC]	Gaetz	Compare	Last Action: 4/30/2010 S Died in Committee on Policy & Steering Committee on Ways and Means, companion bill(s) passed, see CS/CS/SB 1412 (Ch. 2010-102) Location:
S 958 (c3)	Electronic Health Information [SPSC]	Ring	Compare	Last Action: 4/23/2010 S Placed on Special Order Calendar; Read 2nd time -SJ 00793; Amendment(s) adopted (883508, 564546) -SJ 00793; Substituted CS/CS/HB 911 (Died in House returning messages) -SJ 00793; Laid on Table -SJ 00793 Location:
S 1412 (e1)		Haridopolos	Compare	Last Action: 5/27/2010 Chapter No. 2010-102; companion bill(s) passed, see HB 851 (Ch. 2010-221), CS/CS/CS/HB 1271 (Ch. 2010-225), HB 7037 (Ch. 2010-70), HB 7131 (Ch. 2010-117), CS/HB 7157 (Ch. 2010-138), HB 7243 (Ch. 2010-143), CS/SB 2386 (Ch. 2010-151) Location:
S 1816	Assisted Living Facilities [SPSC]	Health Regulation	Compare	Last Action: 4/30/2010 H Died in Messages, companion bill(s) passed, see CS/CS/SB 1412 (Ch. 2010-102) Location:
S 1818 (c1)	Blood Establishments [SPSC]	Health Regulation	Compare	Last Action: 4/23/2010 S Read 3rd time -SJ 00758; Substituted CS/CS/HB 509 (Died in House returning Messages) -SJ 00758; Laid on Table -SJ 00758 Location:
S 2138 (e1)	Health Care [SPSC]	Gardiner	Compare	Last Action: 4/30/2010 S Died on Calendar, companion bill(s) passed, see HB 5311 (Ch. 2010-161), CS/CS/SB 1412 (Ch. 2010-102) Location:
S 2300	Health Care Facilities [SPSC]	Altman	Compare	Last Action: 4/30/2010 S Died in Committee on Health Regulation Location:

Floor Amendments (1)

Amendment	Sponsor	Filed	Last Floor Action	Format
649330 - Amendment	Peaden	4/23/2010 6:52 PM	Senate: Withdrawn 4/27/2010	PDF

Citations - Statutes (100)

Citation	Catchline	Location in Bill Location In Bill Help
112.0455	Drug-Free Workplace Act.
154.11	Powers of board of trustees.
318.21	Disposition of civil penalties by county courts.
381.00315	Public health advisories; public health emergencies.
381.0072	Food service protection.
381.06014	Blood establishments.
383.325	Inspection reports.
394.4787	Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789.
394.741	Accreditation requirements for providers of behavioral health care services.
395.002	Definitions.
395.003	Licensure; denial, suspension, and revocation.
395.0193	Licensed facilities; peer review; disciplinary powers; agency or partnership with physicians.
395.1023	Child abuse and neglect cases; duties.
395.1041	Access to emergency services and care.
395.1046	Complaint investigation procedures.
395.1055	Rules and enforcement.
395.10972	Health Care Risk Manager Advisory Council.
395.2050	Routine inquiry for organ and tissue donation; certification for procurement activities; death records review.
395.3036	Confidentiality of records and meetings of corporations that lease public hospitals or other public health care facilities.
395.3037	Definitions.
395.3038	State-listed primary stroke centers and comprehensive stroke centers; notification of hospitals.
395.602	Rural hospitals.
400.021	Definitions.
400.0239	Quality of Long-Term Care Facility Improvement Trust Fund.
400.0255	Resident transfer or discharge; requirements and procedures; hearings.
400.063	Resident protection.
400.071	Application for license.
400.0712	Application for inactive license.
400.111	Disclosure of controlling interest.
400.1183	Resident grievance procedures.
400.141	Administration and management of nursing home facilities.
400.142	Emergency medication kits; orders not to resuscitate.
400.147	Internal risk management and quality assurance program.
400.148	Medicaid "Up-or-Out" Quality of Care Contract Management Program.
400.162	Property and personal affairs of residents.
400.179	Liability for Medicaid underpayments and overpayments.
400.19	Right of entry and inspection.
400.195	Agency reporting requirements.
400.23	Rules; evaluation and deficiencies; licensure status.
400.275	Agency duties.
400.484	Right of inspection; deficiencies; fines.
400.606	License; application; renewal; conditional license or permit; certificate of need.
400.607	Denial, suspension, revocation of license; emergency actions; imposition of administrative fine; grounds.
400.915	Construction and renovation; requirements.
400.925	Definitions.
400.931	Application for license; fee; provisional license; temporary permit.
400.932	Administrative penalties.
400.967	Rules and classification of deficiencies.
400.9905	Definitions.
400.991	License requirements; background screenings; prohibitions.
400.9935	Clinic responsibilities.
408.034	Duties and responsibilities of agency; rules.
408.036	Projects subject to review; exemptions.
408.043	Special provisions.
408.05	Florida Center for Health Information and Policy Analysis.
408.061	Data collection; uniform systems of financial reporting; information relating to physician charges; confidential information; immunity.
408.07	Definitions.
408.10	Consumer complaints.
408.802	Applicability.
408.804	License required; display.
408.806	License application process.
408.810	Minimum licensure requirements.
408.813	Administrative fines; violations.
408.815	License or application denial; revocation.
409.221	Consumer-directed care program.
409.91196	Supplemental rebate agreements; public records and public meetings exemption.
409.912	Cost-effective purchasing of health care.
429.07	License required; fee.
429.11	Initial application for license; provisional license.
429.12	Sale or transfer of ownership of a facility.
429.14	Administrative penalties.
429.17	Expiration of license; renewal; conditional license.
429.19	Violations; imposition of administrative fines; grounds.
429.23	Internal risk management and quality assurance program; adverse incidents and reporting requirements.
429.255	Use of personnel; emergency care.
429.28	Resident bill of rights.
429.35	Maintenance of records; reports.
429.41	Rules establishing standards.
429.53	Consultation by the agency.
429.54	Collection of information; local subsidy.
429.71	Classification of deficiencies; administrative fines.
429.911	Denial, suspension, revocation of license; emergency action; administrative fines; investigations and inspections.
429.915	Conditional license.
430.80	Implementation of a teaching nursing home pilot project.
440.13	Medical services and supplies; penalty for violations; limitations.
483.201	Grounds for disciplinary action against clinical laboratories.
483.294	Inspection of centers.
499.003	Definitions of terms used in this part.
499.005	Prohibited acts.
499.01	Permits.
499.01212	Pedigree paper.
627.645	Denial of health insurance claims restricted.
627.668	Optional coverage for mental and nervous disorders required; exception.
627.669	Optional coverage required for substance abuse impaired persons; exception.
627.736	Required personal injury protection benefits; exclusions; priority; claims.
633.081	Inspection of buildings and equipment; orders; firesafety inspection training requirements; certification; disciplinary action.
641.495	Requirements for issuance and maintenance of certificate.
651.118	Agency for Health Care Administration; certificates of need; sheltered beds; community beds.
766.1015	Civil immunity for members of or consultants to certain boards, committees, or other entities.
766.202	Definitions; ss. 766.201-766.212.

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CS/SB 2434, Committee Substitute 1 Posted 4/15/2010 at 7:51 AM

Bill Text:	Web Page \| PDF

Analyses:	Health Regulation (Post-Meeting) (pdf)

Committee Amendments (7)

Amendment	Sponsor	Filed	Last Committee Action	Format
178550 - Amendment	Policy and Steering Committee on Ways and Means (Bennett)	4/19/2010 10:01 AM	Withdrawn 4/20/2010	PDF
680222 - Amendment	Policy and Steering Committee on Ways and Means (Negron)	4/19/2010 10:49 AM	Replaced by Committee Substitute 4/20/2010	PDF
916344 - Amendment	Policy and Steering Committee on Ways and Means (Peaden)	4/20/2010 8:21 AM	Withdrawn 4/20/2010	PDF
920186 - Amendment	Policy and Steering Committee on Ways and Means (Peaden)	4/20/2010 8:21 AM	Withdrawn 4/20/2010	PDF
231798 - Substitute Amendment (920186)	Policy and Steering Committee on Ways and Means (Peaden)	4/20/2010 11:49 AM	Withdrawn 4/20/2010	PDF
161030 - Amendment	Policy and Steering Committee on Ways and Means (Peaden)	4/20/2010 11:48 AM	Withdrawn 4/20/2010	PDF
649826 - Amendment	Policy and Steering Committee on Ways and Means (Peaden)	4/20/2010 12:16 PM	Withdrawn 4/20/2010	PDF

Committee Votes (1)

Date	Committee	Result
4/20/2010 2:15 PM	Policy and Steering Committee on Ways and Means	22 Yeas - 0 Nays

Citations - Statutes (100)

Citation	Catchline	Location in Bill Location In Bill Help
112.0455	Drug-Free Workplace Act.
154.11	Powers of board of trustees.
318.21	Disposition of civil penalties by county courts.
381.00315	Public health advisories; public health emergencies.
381.0072	Food service protection.
381.06014	Blood establishments.
383.325	Inspection reports.
394.4787	Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789.
394.741	Accreditation requirements for providers of behavioral health care services.
395.002	Definitions.
395.003	Licensure; denial, suspension, and revocation.
395.0193	Licensed facilities; peer review; disciplinary powers; agency or partnership with physicians.
395.1023	Child abuse and neglect cases; duties.
395.1041	Access to emergency services and care.
395.1046	Complaint investigation procedures.
395.1055	Rules and enforcement.
395.10972	Health Care Risk Manager Advisory Council.
395.2050	Routine inquiry for organ and tissue donation; certification for procurement activities; death records review.
395.3036	Confidentiality of records and meetings of corporations that lease public hospitals or other public health care facilities.
395.3037	Definitions.
395.3038	State-listed primary stroke centers and comprehensive stroke centers; notification of hospitals.
395.602	Rural hospitals.
400.021	Definitions.
400.0239	Quality of Long-Term Care Facility Improvement Trust Fund.
400.0255	Resident transfer or discharge; requirements and procedures; hearings.
400.063	Resident protection.
400.071	Application for license.
400.0712	Application for inactive license.
400.111	Disclosure of controlling interest.
400.1183	Resident grievance procedures.
400.141	Administration and management of nursing home facilities.
400.142	Emergency medication kits; orders not to resuscitate.
400.147	Internal risk management and quality assurance program.
400.148	Medicaid "Up-or-Out" Quality of Care Contract Management Program.
400.162	Property and personal affairs of residents.
400.179	Liability for Medicaid underpayments and overpayments.
400.19	Right of entry and inspection.
400.195	Agency reporting requirements.
400.23	Rules; evaluation and deficiencies; licensure status.
400.275	Agency duties.
400.484	Right of inspection; deficiencies; fines.
400.606	License; application; renewal; conditional license or permit; certificate of need.
400.607	Denial, suspension, revocation of license; emergency actions; imposition of administrative fine; grounds.
400.915	Construction and renovation; requirements.
400.925	Definitions.
400.931	Application for license; fee; provisional license; temporary permit.
400.932	Administrative penalties.
400.967	Rules and classification of deficiencies.
400.9905	Definitions.
400.991	License requirements; background screenings; prohibitions.
400.9935	Clinic responsibilities.
408.034	Duties and responsibilities of agency; rules.
408.036	Projects subject to review; exemptions.
408.043	Special provisions.
408.05	Florida Center for Health Information and Policy Analysis.
408.061	Data collection; uniform systems of financial reporting; information relating to physician charges; confidential information; immunity.
408.07	Definitions.
408.10	Consumer complaints.
408.802	Applicability.
408.804	License required; display.
408.806	License application process.
408.810	Minimum licensure requirements.
408.813	Administrative fines; violations.
408.815	License or application denial; revocation.
409.221	Consumer-directed care program.
409.91196	Supplemental rebate agreements; public records and public meetings exemption.
409.912	Cost-effective purchasing of health care.
429.07	License required; fee.
429.11	Initial application for license; provisional license.
429.12	Sale or transfer of ownership of a facility.
429.14	Administrative penalties.
429.17	Expiration of license; renewal; conditional license.
429.19	Violations; imposition of administrative fines; grounds.
429.23	Internal risk management and quality assurance program; adverse incidents and reporting requirements.
429.255	Use of personnel; emergency care.
429.28	Resident bill of rights.
429.35	Maintenance of records; reports.
429.41	Rules establishing standards.
429.53	Consultation by the agency.
429.54	Collection of information; local subsidy.
429.71	Classification of deficiencies; administrative fines.
429.911	Denial, suspension, revocation of license; emergency action; administrative fines; investigations and inspections.
429.915	Conditional license.
430.80	Implementation of a teaching nursing home pilot project.
440.13	Medical services and supplies; penalty for violations; limitations.
483.201	Grounds for disciplinary action against clinical laboratories.
483.294	Inspection of centers.
499.003	Definitions of terms used in this part.
499.005	Prohibited acts.
499.01	Permits.
499.01212	Pedigree paper.
627.645	Denial of health insurance claims restricted.
627.668	Optional coverage for mental and nervous disorders required; exception.
627.669	Optional coverage required for substance abuse impaired persons; exception.
627.736	Required personal injury protection benefits; exclusions; priority; claims.
633.081	Inspection of buildings and equipment; orders; firesafety inspection training requirements; certification; disciplinary action.
641.495	Requirements for issuance and maintenance of certificate.
651.118	Agency for Health Care Administration; certificates of need; sheltered beds; community beds.
766.1015	Civil immunity for members of or consultants to certain boards, committees, or other entities.
766.202	Definitions; ss. 766.201-766.212.

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SB 2434, Original Filed Version Posted 2/25/2010 at 12:23 PM

Bill Text:	Web Page \| PDF

Analyses:	None

Committee Amendments (3)

Amendment	Sponsor	Filed	Last Committee Action	Format
751242 - Amendment	Health Regulation (Gardiner)	4/12/2010 9:05 AM	Replaced by Committee Substitute 4/13/2010	PDF
422602 - Amendment to Amendment (751242)	Health Regulation (Gaetz)	4/12/2010 11:24 AM	Replaced by Committee Substitute 4/13/2010	PDF
501664 - Amendment to Amendment (751242)	Health Regulation (Gaetz)	4/12/2010 11:25 AM	Replaced by Committee Substitute 4/13/2010	PDF

Committee Votes (1)

Date	Committee	Result
4/13/2010 9:15 AM	Health Regulation	7 Yeas - 0 Nays

Citations - Statutes (77)

Citation	Catchline	Location in Bill Location In Bill Help
112.0455	Drug-Free Workplace Act.
154.11	Powers of board of trustees.
318.21	Disposition of civil penalties by county courts.
383.325	Inspection reports.
394.4787	Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789.
394.741	Accreditation requirements for providers of behavioral health care services.
395.002	Definitions.
395.003	Licensure; denial, suspension, and revocation.
395.0193	Licensed facilities; peer review; disciplinary powers; agency or partnership with physicians.
395.1023	Child abuse and neglect cases; duties.
395.1041	Access to emergency services and care.
395.1046	Complaint investigation procedures.
395.1055	Rules and enforcement.
395.10972	Health Care Risk Manager Advisory Council.
395.2050	Routine inquiry for organ and tissue donation; certification for procurement activities; death records review.
395.3036	Confidentiality of records and meetings of corporations that lease public hospitals or other public health care facilities.
395.3037	Definitions.
395.3038	State-listed primary stroke centers and comprehensive stroke centers; notification of hospitals.
395.602	Rural hospitals.
400.021	Definitions.
400.063	Resident protection.
400.071	Application for license.
400.0712	Application for inactive license.
400.111	Disclosure of controlling interest.
400.1183	Resident grievance procedures.
400.141	Administration and management of nursing home facilities.
400.142	Emergency medication kits; orders not to resuscitate.
400.147	Internal risk management and quality assurance program.
400.148	Medicaid "Up-or-Out" Quality of Care Contract Management Program.
400.19	Right of entry and inspection.
400.195	Agency reporting requirements.
400.23	Rules; evaluation and deficiencies; licensure status.
400.275	Agency duties.
400.484	Right of inspection; deficiencies; fines.
400.606	License; application; renewal; conditional license or permit; certificate of need.
400.607	Denial, suspension, revocation of license; emergency actions; imposition of administrative fine; grounds.
400.925	Definitions.
400.931	Application for license; fee; provisional license; temporary permit.
400.932	Administrative penalties.
400.967	Rules and classification of deficiencies.
400.9905	Definitions.
400.991	License requirements; background screenings; prohibitions.
400.9935	Clinic responsibilities.
408.034	Duties and responsibilities of agency; rules.
408.036	Projects subject to review; exemptions.
408.043	Special provisions.
408.05	Florida Center for Health Information and Policy Analysis.
408.061	Data collection; uniform systems of financial reporting; information relating to physician charges; confidential information; immunity.
408.07	Definitions.
408.10	Consumer complaints.
408.802	Applicability.
408.804	License required; display.
408.806	License application process.
408.810	Minimum licensure requirements.
408.813	Administrative fines; violations.
408.815	License or application denial; revocation.
409.221	Consumer-directed care program.
409.912	Cost-effective purchasing of health care.
429.11	Initial application for license; provisional license.
429.12	Sale or transfer of ownership of a facility.
429.14	Administrative penalties.
429.17	Expiration of license; renewal; conditional license.
429.23	Internal risk management and quality assurance program; adverse incidents and reporting requirements.
429.35	Maintenance of records; reports.
429.53	Consultation by the agency.
429.71	Classification of deficiencies; administrative fines.
429.911	Denial, suspension, revocation of license; emergency action; administrative fines; investigations and inspections.
429.915	Conditional license.
430.80	Implementation of a teaching nursing home pilot project.
440.13	Medical services and supplies; penalty for violations; limitations.
483.294	Inspection of centers.
627.645	Denial of health insurance claims restricted.
627.668	Optional coverage for mental and nervous disorders required; exception.
627.669	Optional coverage required for substance abuse impaired persons; exception.
627.736	Required personal injury protection benefits; exclusions; priority; claims.
641.495	Requirements for issuance and maintenance of certificate.
766.1015	Civil immunity for members of or consultants to certain boards, committees, or other entities.

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