Amendment
Bill No. CS/CS/HB 119
Amendment No. 791569
CHAMBER ACTION
Senate House
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1Representative Gaetz offered the following:
2
3     Amendment (with title amendment)
4     Between lines 4177 and 4178, insert:
5     Section 1.  Paragraph (e) is added to subsection (8) of
6section 400.23, Florida Statutes, to read:
7     400.23  Rules; evaluation and deficiencies; licensure
8status.-
9     (8)  The agency shall adopt rules pursuant to this part and
10part II of chapter 408 to provide that, when the criteria
11established under subsection (2) are not met, such deficiencies
12shall be classified according to the nature and the scope of the
13deficiency. The scope shall be cited as isolated, patterned, or
14widespread. An isolated deficiency is a deficiency affecting one
15or a very limited number of residents, or involving one or a
16very limited number of staff, or a situation that occurred only
17occasionally or in a very limited number of locations. A
18patterned deficiency is a deficiency where more than a very
19limited number of residents are affected, or more than a very
20limited number of staff are involved, or the situation has
21occurred in several locations, or the same resident or residents
22have been affected by repeated occurrences of the same deficient
23practice but the effect of the deficient practice is not found
24to be pervasive throughout the facility. A widespread deficiency
25is a deficiency in which the problems causing the deficiency are
26pervasive in the facility or represent systemic failure that has
27affected or has the potential to affect a large portion of the
28facility's residents. The agency shall indicate the
29classification on the face of the notice of deficiencies as
30follows:
31     (e)  A deficiency identified by the agency in a nursing
32home survey is not admissible for any purpose in an action under
33ss. 400.023-400.0283. However, a survey deficiency citing a
34resident on whose behalf the action is brought may be introduced
35as evidence of negligence if the agency has determined that the
36resident sustained actual harm as a result thereof. If a
37claimant in an action under ss. 400-400.0238 was a member of a
38survey resident roster or otherwise was the subject of any
39survey by the agency and the agency did not allege or determine
40that any deficiency occurred with respect to that claimant
41during that survey, the licensee may introduce the absence of a
42deficiency citation to refute an allegation of neglect or
43noncompliance with regulatory standards.
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T I T L E  A M E N D M E N T
48     Remove line 311 and insert:
49Are not intended to be reset by this act; amending s. 400.23,
50F.S.; providing that certain deficiencies are not admissible in
51certain actions; providing exceptions; providing for certain


CODING: Words stricken are deletions; words underlined are additions.