Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/HB 7133, 2nd Eng.
       
       
       
       
       
       
                                Barcode 128436                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .        Floor: SENA1/RC         
             03/09/2012 03:56 PM       .      03/09/2012 08:47 PM       
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       Senators Storms, Rich, and Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 394.4574, Florida Statutes, is amended
    6  to read:
    7         394.4574 Department responsibilities for a mental health
    8  resident who resides in an assisted living facility that holds a
    9  limited mental health license.—
   10         (1) The term “mental health resident,” for purposes of this
   11  section, means an individual who receives social security
   12  disability income due to a mental disorder as determined by the
   13  Social Security Administration or receives supplemental security
   14  income due to a mental disorder as determined by the Social
   15  Security Administration and receives optional state
   16  supplementation.
   17         (2) The department must ensure that:
   18         (a) A mental health resident has been assessed by a
   19  psychiatrist, clinical psychologist, clinical social worker, or
   20  psychiatric nurse, or an individual who is supervised by one of
   21  these professionals, and determined to be appropriate to reside
   22  in an assisted living facility. The documentation must be
   23  provided to the administrator of the facility within 30 days
   24  after the mental health resident has been admitted to the
   25  facility. An evaluation completed upon discharge from a state
   26  mental hospital meets the requirements of this subsection
   27  related to appropriateness for placement as a mental health
   28  resident if it was completed within 90 days prior to admission
   29  to the facility.
   30         (b) A cooperative agreement, as required in s. 429.0751
   31  429.075, is developed between the mental health care services
   32  provider that serves a mental health resident and the
   33  administrator of the assisted living facility with a limited
   34  mental health license in which the mental health resident is
   35  living. The cooperative agreement must provide detailed
   36  information concerning case management services; access to
   37  consumer-operated drop-in centers; reliable access to services
   38  during evenings, weekends, and holidays which avoids the use of
   39  hospital emergency departments except in emergencies;
   40  supervision of clinical needs of the residents; and access to
   41  emergency psychiatric care. Any entity that provides Medicaid
   42  prepaid health plan services shall ensure the appropriate
   43  coordination of health care services with an assisted living
   44  facility in cases where a Medicaid recipient is both a member of
   45  the entity’s prepaid health plan and a resident of the assisted
   46  living facility. If the entity is at risk for Medicaid targeted
   47  case management and behavioral health services, the entity shall
   48  inform the assisted living facility of the procedures to follow
   49  should an emergent condition arise.
   50         (c) The community living support plan, as defined in s.
   51  429.02, has been prepared by a mental health resident and a
   52  mental health case manager of that resident in consultation with
   53  the administrator of the facility or the administrator’s
   54  designee. The plan must be provided to the administrator of the
   55  assisted living facility with a limited mental health license in
   56  which the mental health resident lives. The support plan and the
   57  agreement may be in one document.
   58         (d) The assisted living facility with a limited mental
   59  health license is provided with documentation that the
   60  individual meets the definition of a mental health resident.
   61         (e) The mental health services provider assigns a case
   62  manager to each mental health resident who lives in an assisted
   63  living facility with a limited mental health license. The case
   64  manager is responsible for coordinating the development of and
   65  implementation of the community living support plan defined in
   66  s. 429.02. The plan must be updated as needed, but at least
   67  annually to ensure that the ongoing needs of the resident are
   68  addressed. The community living support plan must include a
   69  detailed description of how the clinical needs of the resident
   70  will be supervised, how often the case manager will see the
   71  resident, and how the resident may access the case manager, and
   72  must identify conditions indicative of a change in the condition
   73  of the resident which might warrant changes in clinical
   74  supervision or which might prompt the assisted living facility
   75  to contact the case manager on behalf of the resident and the
   76  steps that will be taken to ensure that the resident receives
   77  appropriate emergency psychiatric care through the mental health
   78  provider. Each case manager shall keep a record of the date and
   79  time of any face-to-face interaction with the mental health
   80  resident and make the record available to the department for
   81  inspection. The record must be retained for 2 years after the
   82  date of the most recent interaction.
   83  
   84  The department shall adopt rules to implement the community
   85  living support plans and cooperative agreements established
   86  under this section.
   87         (f) There is adequate and consistent monitoring and
   88  enforcement of community living support plans and cooperative
   89  agreements by the department.
   90         (3) Medicaid prepaid health plans shall ensure the
   91  appropriate coordination of health care services with an
   92  assisted living facility when a Medicaid recipient is both a
   93  member of the entity’s prepaid health plan and a resident of the
   94  assisted living facility. If the Medicaid prepaid plan is
   95  responsible for Medicaid targeted case management and behavioral
   96  health services, the plan shall inform the assisted living
   97  facility of the procedures to follow should an emergency
   98  condition arise.
   99         (4) The department shall include in contracts with mental
  100  health service providers provisions that require the service
  101  provider to assign a case manager for a mental health resident,
  102  prepare a community living support plan, enter into a
  103  cooperative agreement with the assisted living facility, and
  104  otherwise comply with the provisions of this section. The
  105  department shall establish and impose contract penalties for
  106  mental health service providers under contract with the
  107  department which fail to comply with this section.
  108         (5) The Agency for Health Care Administration shall include
  109  in contracts with Medicaid prepaid health plans provisions that
  110  require the mental health service provider to prepare a
  111  community living support plan, enter into a cooperative
  112  agreement with the assisted living facility, and otherwise
  113  comply with the provisions of this section. The agency shall
  114  also establish and impose contract penalties for Medicaid
  115  prepaid health plans that fail to comply with the provisions of
  116  this section.
  117         (6) The department shall enter into an interagency
  118  agreement with the Agency for Health Care Administration which
  119  delineates their respective responsibilities and procedures for
  120  enforcing the requirements of this section with respect to
  121  assisted living facilities and mental health service providers.
  122         (7)(3) The Secretary of Children and Family Services, in
  123  consultation with the Agency for Health Care Administration,
  124  shall annually require each district administrator to develop,
  125  with community input, detailed plans that demonstrate how the
  126  district will ensure the provision of state-funded mental health
  127  and substance abuse treatment services to residents of assisted
  128  living facilities that hold a limited mental health license.
  129  These plans must be consistent with the substance abuse and
  130  mental health district plan developed pursuant to s. 394.75 and
  131  must address case management services; access to consumer
  132  operated drop-in centers; access to services during evenings,
  133  weekends, and holidays; supervision of the clinical needs of the
  134  residents; and access to emergency psychiatric care.
  135         Section 2. Subsection (1) of section 395.002, Florida
  136  Statutes, is amended to read:
  137         395.002 Definitions.—As used in this chapter:
  138         (1) “Accrediting organizations” means national
  139  accreditation organizations that are approved by the Centers for
  140  Medicare and Medicaid Services and whose standards incorporate
  141  comparable licensure regulations required by the state the Joint
  142  Commission on Accreditation of Healthcare Organizations, the
  143  American Osteopathic Association, the Commission on
  144  Accreditation of Rehabilitation Facilities, and the
  145  Accreditation Association for Ambulatory Health Care, Inc.
  146         Section 3. Section 395.1051, Florida Statutes, is amended
  147  to read:
  148         395.1051 Duty to notify patients.—
  149         (1) An appropriately trained person designated by each
  150  licensed facility shall inform each patient, or an individual
  151  identified pursuant to s. 765.401(1), in person about adverse
  152  incidents that result in serious harm to the patient.
  153  Notification of outcomes of care that result in harm to the
  154  patient under this section does shall not constitute an
  155  acknowledgment or admission of liability and may not, nor can it
  156  be introduced as evidence.
  157         (2) A hospital must provide notice to all obstetrical
  158  physicians with privileges at the hospital at least 120 days
  159  before the hospital closes an obstetrics department or ceases to
  160  provide obstetrical services.
  161         Section 4. Subsection (2) of section 400.0078, Florida
  162  Statutes, is amended to read:
  163         400.0078 Citizen access to State Long-Term Care Ombudsman
  164  Program services.—
  165         (2) Every resident or representative of a resident shall
  166  receive, Upon admission to a long-term care facility, each
  167  resident or representative of a resident must receive
  168  information regarding:
  169         (a)1. The purpose of the State Long-Term Care Ombudsman
  170  Program;,
  171         2. The statewide toll-free telephone number for receiving
  172  complaints;,
  173         3.The residents rights under s. 429.28, including
  174  information that retaliatory action cannot be taken against a
  175  resident for presenting grievances or for exercising any of
  176  these rights; and
  177         4. Other relevant information regarding how to contact the
  178  program.
  179         (b) Residents or their representatives must be furnished
  180  additional copies of this information upon request.
  181         Section 5. Subsection (3) of section 408.05, Florida
  182  Statutes, is amended to read:
  183         408.05 Florida Center for Health Information and Policy
  184  Analysis.—
  185         (3) COMPREHENSIVE HEALTH INFORMATION SYSTEM.—The agency
  186  shall collect, compile, analyze, and distribute In order to
  187  produce comparable and uniform health information and
  188  statistics. Such information shall be used for developing the
  189  development of policy recommendations, evaluating program and
  190  provider performance, and facilitating the independent and
  191  collaborative quality improvement activities of providers,
  192  payors, and others involved in the delivery of health services.
  193  The agency shall perform the following functions:
  194         (a) Coordinate the activities of state agencies involved in
  195  the design and implementation of the comprehensive health
  196  information system.
  197         (b) Undertake research, development, and evaluation
  198  respecting the comprehensive health information system.
  199         (c) Review the statistical activities of state agencies to
  200  ensure that they are consistent with the comprehensive health
  201  information system.
  202         (d) Develop written agreements with local, state, and
  203  federal agencies for the sharing of health-care-related data or
  204  using the facilities and services of such agencies. State
  205  agencies, local health councils, and other agencies under state
  206  contract shall assist the center in obtaining, compiling, and
  207  transferring health-care-related data maintained by state and
  208  local agencies. Written agreements must specify the types,
  209  methods, and periodicity of data exchanges and specify the types
  210  of data that will be transferred to the center.
  211         (e) Establish by rule the types of data collected,
  212  compiled, processed, used, or shared. Decisions regarding center
  213  data sets should be made based on consultation with the State
  214  Consumer Health Information and Policy Advisory Council and
  215  other public and private users regarding the types of data which
  216  should be collected and their uses. The center shall establish
  217  standardized means for collecting health information and
  218  statistics under laws and rules administered by the agency.
  219         (f) Establish minimum health-care-related data sets which
  220  are necessary on a continuing basis to fulfill the collection
  221  requirements of the center and which shall be used by state
  222  agencies in collecting and compiling health-care-related data.
  223  The agency shall periodically review ongoing health care data
  224  collections of the Department of Health and other state agencies
  225  to determine if the collections are being conducted in
  226  accordance with the established minimum sets of data.
  227         (g) Establish advisory standards to ensure the quality of
  228  health statistical and epidemiological data collection,
  229  processing, and analysis by local, state, and private
  230  organizations.
  231         (h) Prescribe standards for the publication of health-care
  232  related data reported pursuant to this section which ensure the
  233  reporting of accurate, valid, reliable, complete, and comparable
  234  data. Such standards should include advisory warnings to users
  235  of the data regarding the status and quality of any data
  236  reported by or available from the center.
  237         (i) Prescribe standards for the maintenance and
  238  preservation of the center’s data. This should include methods
  239  for archiving data, retrieval of archived data, and data editing
  240  and verification.
  241         (j) Ensure that strict quality control measures are
  242  maintained for the dissemination of data through publications,
  243  studies, or user requests.
  244         (k) Develop, in conjunction with the State Consumer Health
  245  Information and Policy Advisory Council, and implement a long
  246  range plan for making available health care quality measures and
  247  financial data that will allow consumers to compare health care
  248  services. The health care quality measures and financial data
  249  the agency must make available shall include, but is not limited
  250  to, pharmaceuticals, physicians, health care facilities, and
  251  health plans and managed care entities. The agency shall update
  252  the plan and report on the status of its implementation
  253  annually. The agency shall also make the plan and status report
  254  available to the public on its Internet website. As part of the
  255  plan, the agency shall identify the process and timeframes for
  256  implementation, any barriers to implementation, and
  257  recommendations of changes in the law that may be enacted by the
  258  Legislature to eliminate the barriers. As preliminary elements
  259  of the plan, the agency shall:
  260         1. Make available patient-safety indicators, inpatient
  261  quality indicators, and performance outcome and patient charge
  262  data collected from health care facilities pursuant to s.
  263  408.061(1)(a) and (2). The terms “patient-safety indicators” and
  264  “inpatient quality indicators” shall be as defined by the
  265  Centers for Medicare and Medicaid Services, the National Quality
  266  Forum, the Joint Commission on Accreditation of Healthcare
  267  Organizations, the Agency for Healthcare Research and Quality,
  268  the Centers for Disease Control and Prevention, or a similar
  269  national entity that establishes standards to measure the
  270  performance of health care providers, or by other states. The
  271  agency shall determine which conditions, procedures, health care
  272  quality measures, and patient charge data to disclose based upon
  273  input from the council. When determining which conditions and
  274  procedures are to be disclosed, the council and the agency shall
  275  consider variation in costs, variation in outcomes, and
  276  magnitude of variations and other relevant information. When
  277  determining which health care quality measures to disclose, the
  278  agency:
  279         a. Shall consider such factors as volume of cases; average
  280  patient charges; average length of stay; complication rates;
  281  mortality rates; and infection rates, among others, which shall
  282  be adjusted for case mix and severity, if applicable.
  283         b. May consider such additional measures that are adopted
  284  by the Centers for Medicare and Medicaid Studies, National
  285  Quality Forum, the Joint Commission on Accreditation of
  286  Healthcare Organizations, the Agency for Healthcare Research and
  287  Quality, Centers for Disease Control and Prevention, or a
  288  similar national entity that establishes standards to measure
  289  the performance of health care providers, or by other states.
  290  
  291  When determining which patient charge data to disclose, the
  292  agency shall include such measures as the average of
  293  undiscounted charges on frequently performed procedures and
  294  preventive diagnostic procedures, the range of procedure charges
  295  from highest to lowest, average net revenue per adjusted patient
  296  day, average cost per adjusted patient day, and average cost per
  297  admission, among others.
  298         2. Make available performance measures, benefit design, and
  299  premium cost data from health plans licensed pursuant to chapter
  300  627 or chapter 641. The agency shall determine which health care
  301  quality measures and member and subscriber cost data to
  302  disclose, based upon input from the council. When determining
  303  which data to disclose, the agency shall consider information
  304  that may be required by either individual or group purchasers to
  305  assess the value of the product, which may include membership
  306  satisfaction, quality of care, current enrollment or membership,
  307  coverage areas, accreditation status, premium costs, plan costs,
  308  premium increases, range of benefits, copayments and
  309  deductibles, accuracy and speed of claims payment, credentials
  310  of physicians, number of providers, names of network providers,
  311  and hospitals in the network. Health plans shall make available
  312  to the agency any such data or information that is not currently
  313  reported to the agency or the office.
  314         3. Determine the method and format for public disclosure of
  315  data reported pursuant to this paragraph. The agency shall make
  316  its determination based upon input from the State Consumer
  317  Health Information and Policy Advisory Council. At a minimum,
  318  the data shall be made available on the agency’s Internet
  319  website in a manner that allows consumers to conduct an
  320  interactive search that allows them to view and compare the
  321  information for specific providers. The website must include
  322  such additional information as is determined necessary to ensure
  323  that the website enhances informed decisionmaking among
  324  consumers and health care purchasers, which shall include, at a
  325  minimum, appropriate guidance on how to use the data and an
  326  explanation of why the data may vary from provider to provider.
  327         4. Publish on its website undiscounted charges for no fewer
  328  than 150 of the most commonly performed adult and pediatric
  329  procedures, including outpatient, inpatient, diagnostic, and
  330  preventative procedures.
  331         (l) Assist quality improvement collaboratives by releasing
  332  information to the providers, payors, or entities representing
  333  and working on behalf of providers and payors. The agency shall
  334  release such data, which is deemed necessary for the
  335  administration of the Medicaid program, to quality improvement
  336  collaboratives for evaluation of the incidence of potentially
  337  preventable events.
  338         Section 6. Paragraph (c) of subsection (4) of section
  339  409.212, Florida Statutes, is amended to read:
  340         409.212 Optional supplementation.—
  341         (4) In addition to the amount of optional supplementation
  342  provided by the state, a person may receive additional
  343  supplementation from third parties to contribute to his or her
  344  cost of care. Additional supplementation may be provided under
  345  the following conditions:
  346         (c) The additional supplementation shall not exceed four
  347  two times the provider rate recognized under the optional state
  348  supplementation program.
  349         Section 7. Section 409.986, Florida Statutes, is created to
  350  read:
  351         409.986 Quality adjustments to Medicaid rates.—
  352         (1) As used in this section, the term:
  353         (a) “Expected rate” means the risk-adjusted rate for each
  354  provider that accounts for the severity of illness, diagnosis
  355  related groups, and the age of a patient.
  356         (b) “Hospital-acquired infections” means infections not
  357  present and without evidence of incubation at the time of
  358  admission to a hospital.
  359         (c) “Observed rate” means the actual number for each
  360  provider of potentially preventable events divided by the number
  361  of cases in which potentially preventable events may have
  362  occurred.
  363         (d) “Potentially preventable admission” means an admission
  364  of a person to a hospital that might have reasonably been
  365  prevented with adequate access to ambulatory care or health care
  366  coordination.
  367         (e) “Potentially preventable ancillary service” means a
  368  health care service provided or ordered by a physician or other
  369  health care provider to supplement or support the evaluation or
  370  treatment of a patient, including a diagnostic test, laboratory
  371  test, therapy service, or radiology service, that may not be
  372  reasonably necessary for the provision of quality health care or
  373  treatment.
  374         (f) “Potentially preventable complication” means a harmful
  375  event or negative outcome with respect to a person, including an
  376  infection or surgical complication, that:
  377         1. Occurs after the person’s admission to a hospital; and
  378         2. May have resulted from the care, lack of care, or
  379  treatment provided during the hospital stay rather than from a
  380  natural progression of an underlying disease.
  381         (g) “Potentially preventable emergency department visit”
  382  means treatment of a person in a hospital emergency room or
  383  freestanding emergency medical care facility for a condition
  384  that does not require or should not have required emergency
  385  medical attention because the condition can or could have been
  386  treated or prevented by a physician or other health care
  387  provider in a nonemergency setting.
  388         (h) “Potentially preventable event” means a potentially
  389  preventable admission, a potentially preventable ancillary
  390  service, a potentially preventable complication, a potentially
  391  preventable emergency department visit, a potentially
  392  preventable readmission, or a combination of those events.
  393         (i) “Potentially preventable readmission” means a return
  394  hospitalization of a person within 15 days that may have
  395  resulted from deficiencies in the care or treatment provided to
  396  the person during a previous hospital stay or from deficiencies
  397  in posthospital discharge followup. The term does not include a
  398  hospital readmission necessitated by the occurrence of unrelated
  399  events after the discharge. The term includes the readmission of
  400  a person to a hospital for:
  401         1. The same condition or procedure for which the person was
  402  previously admitted;
  403         2. An infection or other complication resulting from care
  404  previously provided; or
  405         3. A condition or procedure that indicates that a surgical
  406  intervention performed during a previous admission was
  407  unsuccessful in achieving the anticipated outcome.
  408         (j) “Quality improvement collaboration” means a structured
  409  process involving multiple providers and subject matter experts
  410  to focus on a specific aspect of quality care in order to
  411  analyze past performance and plan, implement, and evaluate
  412  specific improvement methods.
  413         (2) The agency shall establish and implement methodologies
  414  to adjust Medicaid payment rates for hospitals, nursing homes,
  415  and managed care plans based on evidence of improved patient
  416  outcomes. Payment adjustments shall be dependent on
  417  consideration of specific outcome measures for each provider
  418  category, documented activities by providers to improve
  419  performance, and evidence of significant improvement over time.
  420  Measurement of outcomes shall include appropriate risk
  421  adjustments, exclude cases that cannot be determined to be
  422  preventable, and waive adjustments for providers with too few
  423  cases to calculate reliable rates.
  424         (a) Performance-based payment adjustments may be made up to
  425  1 percent of each qualified provider’s rate for hospital
  426  inpatient services, hospital outpatient services, nursing home
  427  care, and the plan-specific capitation rate for prepaid health
  428  plans. Adjustments for activities to improve performance may be
  429  made up to 0.25 percent based on evidence of a provider’s
  430  engagement in activities specified in this section.
  431         (b) Outcome measures shall be established for a base year,
  432  which may be state fiscal year 2010-2011 or a more recent 12
  433  month period.
  434         (3) Methodologies established pursuant to this section
  435  shall use existing databases, including Medicaid claims,
  436  encounter data compiled pursuant to s. 409.9122(14), and
  437  hospital discharge data compiled pursuant to s. 408.061(1)(a).
  438  To the extent possible, the agency shall use methods for
  439  determining outcome measures in use by other payors.
  440         (4) The agency shall seek any necessary federal approval
  441  for the performance payment system and implement the system in
  442  the 2015-2016 state fiscal year.
  443         (5) The agency may appoint a technical advisory panel for
  444  each provider category in order to solicit advice and
  445  recommendations during the development and implementation of the
  446  performance payment system.
  447         (6) The performance payment system for hospitals shall
  448  apply to general hospitals as defined in s. 395.002. The outcome
  449  measures used to allocate positive payment adjustments shall
  450  consist of one or more potentially preventable events such as
  451  potentially preventable readmissions and potentially preventable
  452  complications.
  453         (a) For each 12-month period after the base year, the
  454  agency shall determine the expected rate and the observed rate
  455  for specific outcome indicators for each hospital. The
  456  difference between the expected and observed rates shall be used
  457  to establish a performance rate for each hospital. Hospitals
  458  shall be ranked based on performance rates.
  459         (b) For at least the first three rate-setting periods after
  460  the performance payment system is implemented, a positive
  461  payment adjustment shall be made to hospitals in the top 10
  462  percentiles, based on their performance rates, and the 10
  463  hospitals with the best year-to-year improvement among those
  464  hospitals that did not rank in the top 10 percentiles. After the
  465  third period of performance payment, the agency may replace the
  466  criteria specified in this subsection with quantified benchmarks
  467  for determining which providers qualify for positive payment
  468  adjustments.
  469         (c) Quality improvement activities that may earn positive
  470  payment adjustments include:
  471         1. Complying with requirements that reduce hospital
  472  acquired infections pursuant to s. 395.1055(1)(b); or
  473         2. Actively engaging in a quality improvement collaboration
  474  that focuses on reducing potentially preventable admissions,
  475  potentially preventable readmissions, or hospital-acquired
  476  infections.
  477         (7) The performance payment system for skilled nursing
  478  facilities shall apply to facilities licensed pursuant to part
  479  II of chapter 400 with current Medicaid provider service
  480  agreements. The agency, after consultation with the technical
  481  advisory panel established in subsection (5), shall select
  482  outcome measures to be used to allocate positive payment
  483  adjustments. The outcome measures shall be consistent with the
  484  federal Quality Assurance and Performance Improvement
  485  requirements and include one or more of the following clinical
  486  care areas: pressure sores, falls, or hospitalizations.
  487         (a) For each 12-month period after the base year, the
  488  agency shall determine the expected rate and the observed rate
  489  for specific outcome indicators for each skilled nursing
  490  facility. The difference between the expected and observed rates
  491  shall be used to establish a performance rate for each skilled
  492  nursing facility. Facilities shall be ranked based on
  493  performance rates.
  494         (b) For at least the first three rate-setting periods after
  495  the performance payment system is implemented, a positive
  496  payment adjustment shall be made to facilities in the top three
  497  percentiles, based on their performance rates, and the 10
  498  facilities with the best year-to-year improvement among
  499  facilities that did not rank in the top three percentiles. After
  500  the third period of performance payment, the agency may replace
  501  the criteria specified in this subsection with quantified
  502  benchmarks for determining which facilities qualify for positive
  503  payment adjustments.
  504         (c) Quality improvement activities that may earn positive
  505  payment adjustments include:
  506         1. Actively engaging in a comprehensive fall-prevention
  507  program.
  508         2. Actively engaging in a quality improvement collaboration
  509  that focuses on reducing potentially preventable hospital
  510  admissions or reducing the percentage of residents with pressure
  511  ulcers that are new or worsened.
  512         (8) A performance payment system shall apply to all managed
  513  care plans. The outcome measures used to allocate positive
  514  payment adjustments shall consist of one or more potentially
  515  preventable events, such as potentially preventable initial
  516  hospital admissions, potentially preventable emergency
  517  department visits, or potentially preventable ancillary
  518  services.
  519         (a) For each 12-month period after the base year, the
  520  agency shall determine the expected rate and the observed rate
  521  for specific outcome indicators for each managed care plan. The
  522  difference between the expected and observed rates shall be used
  523  to establish a performance rate for each plan. Managed care
  524  plans shall be ranked based on performance rates.
  525         (b) For at least the first three rate-setting periods after
  526  the performance payment system is implemented, a positive
  527  payment adjustment shall be made to the top 10 managed care
  528  plans. After the third period during which the performance
  529  payment system is implemented, the agency may replace the
  530  criteria specified in this subsection with quantified benchmarks
  531  for determining which plans qualify for positive payment
  532  adjustments.
  533         (9) Payment adjustments made pursuant to this section may
  534  not result in expenditures that exceed the amounts appropriated
  535  in the General Appropriations Act for hospitals, nursing homes,
  536  and managed care plans.
  537         Section 8. Paragraph (a) of subsection (1) of section
  538  415.1034, Florida Statutes, is amended to read:
  539         415.1034 Mandatory reporting of abuse, neglect, or
  540  exploitation of vulnerable adults; mandatory reports of death.—
  541         (1) MANDATORY REPORTING.—
  542         (a) Any person, including, but not limited to, any:
  543         1. A physician, osteopathic physician, medical examiner,
  544  chiropractic physician, nurse, paramedic, emergency medical
  545  technician, or hospital personnel engaged in the admission,
  546  examination, care, or treatment of vulnerable adults;
  547         2. A health professional or mental health professional
  548  other than one listed in subparagraph 1.;
  549         3. A practitioner who relies solely on spiritual means for
  550  healing;
  551         4. Nursing home staff; assisted living facility staff;
  552  adult day care center staff; adult family-care home staff;
  553  social worker; or other professional adult care, residential, or
  554  institutional staff;
  555         5. A state, county, or municipal criminal justice employee
  556  or law enforcement officer;
  557         6. An employee of the Department of Business and
  558  Professional Regulation conducting inspections of public lodging
  559  establishments under s. 509.032;
  560         7. A Florida advocacy council member or long-term care
  561  ombudsman council member; or
  562         8. A bank, savings and loan, or credit union officer,
  563  trustee, or employee; or,
  564         9. An employee or agent of a state or local agency who has
  565  regulatory responsibilities over state-licensed facilities, or
  566  who provides services to persons residing in a state-licensed
  567  facility,
  568  
  569  who knows, or has reasonable cause to suspect, that a vulnerable
  570  adult has been or is being abused, neglected, or exploited must
  571  shall immediately report such knowledge or suspicion to the
  572  central abuse hotline.
  573         Section 9. Subsections (5), (7), (8), and (11) of section
  574  429.02, Florida Statutes, are amended, present subsections (6)
  575  through (14) of that section are redesignated as subsections (7)
  576  through (15), respectively, present subsections (15) through
  577  (26) of that section are redesignated as subsections (17)
  578  through (28), respectively, and new subsections (6) and (16) are
  579  added to that section, to read:
  580         429.02 Definitions.—When used in this part, the term:
  581         (5) “Assisted living facility” or “facility” means any
  582  building or buildings, section or distinct part of a building,
  583  private home, boarding home, home for the aged, or other
  584  residential facility, whether operated for profit or not, which
  585  undertakes through its ownership or management to provide
  586  housing, meals, and one or more personal services for a period
  587  exceeding 24 hours to one or more adults who are not relatives
  588  of the owner or administrator.
  589         (6) “Board” means the Board of Long Term Care
  590  Administrators established under s. 468.1665.
  591         (8)(7) “Community living support plan” means a written
  592  document prepared by a mental health resident and the resident’s
  593  mental health case manager in consultation with the
  594  administrator of an assisted living facility with a limited
  595  mental health license or the administrator’s designee. A copy
  596  must be provided to the administrator. The plan must include
  597  information about the supports, services, and special needs of
  598  the resident which enable the resident to live in the assisted
  599  living facility and a method by which facility staff can
  600  recognize and respond to the signs and symptoms particular to
  601  that resident which indicate the need for professional services.
  602         (9)(8) “Cooperative agreement” means a written statement of
  603  understanding between a mental health care provider and the
  604  administrator of the assisted living facility with a limited
  605  mental health license in which a mental health resident is
  606  living. The agreement must specify directions for accessing
  607  emergency and after-hours care for the mental health resident. A
  608  single cooperative agreement may service all mental health
  609  residents who are clients of the same mental health care
  610  provider.
  611         (12)(11) “Extended congregate care” means acts beyond those
  612  authorized in subsection (18) which subsection (16) that may be
  613  performed pursuant to part I of chapter 464 by persons licensed
  614  thereunder while carrying out their professional duties, and
  615  other supportive services which may be specified by rule. The
  616  purpose of such services is to enable residents to age in place
  617  in a residential environment despite mental or physical
  618  limitations that might otherwise disqualify them from residency
  619  in a facility licensed under this part.
  620         (16) “Mental health surveyor” means a person:
  621         (a) Licensed under chapter 458, chapter 459, chapter 464,
  622  chapter 490, or chapter 491 who provides mental health services
  623  as defined under s. 394.67 or has received training approved by
  624  the agency;
  625         (b) Who has a baccalaureate degree with a concentration in
  626  mental health from an accredited college or university and at
  627  least 5 years of experience providing services that improve an
  628  individual’s mental health or that treat mental illness; or
  629         (c) Who is a surveyor employed by the agency and has
  630  received training approved by the agency that enables the
  631  individual to effectively perform surveys of facilities with a
  632  mental health resident to ensure the mental health residents are
  633  receiving services consistent with the community living support
  634  plan.
  635         Section 10. Subsection (1) and paragraphs (b) and (c) of
  636  subsection (3) of section 429.07, Florida Statutes, are amended,
  637  to read:
  638         429.07 License required; fee.—
  639         (1) The requirements of part II of chapter 408 apply to the
  640  provision of services that require licensure pursuant to this
  641  part and part II of chapter 408 and to entities licensed by or
  642  applying for such licensure from the agency pursuant to this
  643  part. A license issued by the agency is required in order to
  644  operate an assisted living facility in this state. Effective
  645  July 1, 2013, an assisted living facility may not operate in
  646  this state unless the facility is under the management of an
  647  assisted living facility administrator licensed pursuant to part
  648  II of chapter 468.
  649         (3) In addition to the requirements of s. 408.806, each
  650  license granted by the agency must state the type of care for
  651  which the license is granted. Licenses shall be issued for one
  652  or more of the following categories of care: standard, extended
  653  congregate care, limited nursing services, or limited mental
  654  health.
  655         (b) An extended congregate care license shall be issued to
  656  facilities providing, directly or through contract, services
  657  beyond those authorized in paragraph (a), including services
  658  performed by persons licensed under part I of chapter 464 and
  659  supportive services, as defined by rule, to persons who would
  660  otherwise be disqualified from continued residence in a facility
  661  licensed under this part.
  662         1. In order for extended congregate care services to be
  663  provided, the agency must first determine that all requirements
  664  established in law and rule are met and must specifically
  665  designate, on the facility’s license, that such services may be
  666  provided and whether the designation applies to all or part of
  667  the facility. Such designation may be made at the time of
  668  initial licensure or relicensure, or upon request in writing by
  669  a licensee under this part and part II of chapter 408. The
  670  notification of approval or the denial of the request shall be
  671  made in accordance with part II of chapter 408. Existing
  672  facilities qualifying to provide extended congregate care
  673  services must have maintained a standard license and may not
  674  have been subject to administrative sanctions during the
  675  previous 2 years, or since initial licensure if the facility has
  676  been licensed for less than 2 years, for any of the following
  677  reasons:
  678         a. A class I or class II violation;
  679         b. Three or more repeat or recurring class III violations
  680  of identical or similar resident care standards from which a
  681  pattern of noncompliance is found by the agency;
  682         c. Three or more class III violations that were not
  683  corrected in accordance with the corrective action plan approved
  684  by the agency;
  685         d. Violation of resident care standards which results in
  686  requiring the facility to employ the services of a consultant
  687  pharmacist or consultant dietitian;
  688         e. Denial, suspension, or revocation of a license for
  689  another facility licensed under this part in which the applicant
  690  for an extended congregate care license has at least 25 percent
  691  ownership interest; or
  692         f. Imposition of a moratorium pursuant to this part or part
  693  II of chapter 408 or initiation of injunctive proceedings.
  694         2. A facility that is licensed to provide extended
  695  congregate care services must shall maintain a written progress
  696  report on each person who receives services which describes the
  697  type, amount, duration, scope, and outcome of services that are
  698  rendered and the general status of the resident’s health. A
  699  registered nurse, or appropriate designee, representing the
  700  agency shall visit the facility at least once a year quarterly
  701  to monitor residents who are receiving extended congregate care
  702  services and to determine if the facility is in compliance with
  703  this part, part II of chapter 408, and relevant rules. One of
  704  the visits may be in conjunction with the regular survey. The
  705  monitoring visits may be provided through contractual
  706  arrangements with appropriate community agencies. A registered
  707  nurse shall serve as part of the team that inspects the
  708  facility. The agency may waive a monitoring visit during the
  709  licensure cycle one of the required yearly monitoring visits for
  710  a facility that has been licensed for at least 24 months to
  711  provide extended congregate care services, if, during the
  712  inspection, the registered nurse determines that extended
  713  congregate care services are being provided appropriately, and
  714  if the facility has no:
  715         a. Class I or class II violations and no uncorrected class
  716  III violations;.
  717         b. Citations for licensure violation which resulted from
  718  referrals by the ombudsman to the agency; or
  719         c. Citations for a licensure violation which resulted from
  720  complaints to the agency. The agency must first consult with the
  721  long-term care ombudsman council for the area in which the
  722  facility is located to determine if any complaints have been
  723  made and substantiated about the quality of services or care.
  724  The agency may not waive one of the required yearly monitoring
  725  visits if complaints have been made and substantiated.
  726         3. A facility that is licensed to provide extended
  727  congregate care services must:
  728         a. Demonstrate the capability to meet unanticipated
  729  resident service needs.
  730         b. Offer a physical environment that promotes a homelike
  731  setting, provides for resident privacy, promotes resident
  732  independence, and allows sufficient congregate space as defined
  733  by rule.
  734         c. Have sufficient staff available, taking into account the
  735  physical plant and firesafety features of the building, to
  736  assist with the evacuation of residents in an emergency.
  737         d. Adopt and follow policies and procedures that maximize
  738  resident independence, dignity, choice, and decisionmaking to
  739  permit residents to age in place, so that moves due to changes
  740  in functional status are minimized or avoided.
  741         e. Allow residents or, if applicable, a resident’s
  742  representative, designee, surrogate, guardian, or attorney in
  743  fact to make a variety of personal choices, participate in
  744  developing service plans, and share responsibility in
  745  decisionmaking.
  746         f. Implement the concept of managed risk.
  747         g. Provide, directly or through contract, the services of a
  748  person licensed under part I of chapter 464.
  749         h. In addition to the training mandated in s. 429.52,
  750  provide specialized training as defined by rule for facility
  751  staff.
  752         4. A facility that is licensed to provide extended
  753  congregate care services is exempt from the criteria for
  754  continued residency set forth in rules adopted under s. 429.41.
  755  A licensed facility must adopt its own requirements within
  756  guidelines for continued residency set forth by rule. However,
  757  the facility may not serve residents who require 24-hour nursing
  758  supervision. A licensed facility that provides extended
  759  congregate care services must also provide each resident with a
  760  written copy of facility policies governing admission and
  761  retention.
  762         5. The primary purpose of extended congregate care services
  763  is to allow residents, as they become more impaired, the option
  764  of remaining in a familiar setting from which they would
  765  otherwise be disqualified for continued residency. A facility
  766  licensed to provide extended congregate care services may also
  767  admit an individual who exceeds the admission criteria for a
  768  facility with a standard license, if the individual is
  769  determined appropriate for admission to the extended congregate
  770  care facility.
  771         6. Before the admission of an individual to a facility
  772  licensed to provide extended congregate care services, the
  773  individual must undergo a medical examination as provided in s.
  774  429.26(4) and the facility must develop a preliminary service
  775  plan for the individual.
  776         7. If When a facility can no longer provide or arrange for
  777  services in accordance with the resident’s service plan and
  778  needs and the facility’s policy, the facility must shall make
  779  arrangements for relocating the person in accordance with s.
  780  429.28(1)(k).
  781         8. Failure to provide extended congregate care services may
  782  result in denial of extended congregate care license renewal.
  783         (c) A limited nursing services license shall be issued to a
  784  facility that provides services beyond those authorized in
  785  paragraph (a) and as specified in this paragraph.
  786         1. In order for limited nursing services to be provided in
  787  a facility licensed under this part, the agency must first
  788  determine that all requirements established in law and rule are
  789  met and must specifically designate, on the facility’s license,
  790  that such services may be provided. Such designation may be made
  791  at the time of initial licensure or relicensure, or upon request
  792  in writing by a licensee under this part and part II of chapter
  793  408. Notification of approval or denial of such request shall be
  794  made in accordance with part II of chapter 408. Existing
  795  facilities qualifying to provide limited nursing services shall
  796  have maintained a standard license and may not have been subject
  797  to administrative sanctions that affect the health, safety, and
  798  welfare of residents for the previous 2 years or since initial
  799  licensure if the facility has been licensed for less than 2
  800  years.
  801         2. Facilities that are licensed to provide limited nursing
  802  services shall maintain a written progress report on each person
  803  who receives such nursing services, which report describes the
  804  type, amount, duration, scope, and outcome of services that are
  805  rendered and the general status of the resident’s health. A
  806  registered nurse representing the agency shall visit such
  807  facilities at least once twice a year to monitor residents who
  808  are receiving limited nursing services and to determine if the
  809  facility is in compliance with applicable provisions of this
  810  part, part II of chapter 408, and related rules. The monitoring
  811  visits may be provided through contractual arrangements with
  812  appropriate community agencies. A registered nurse shall also
  813  serve as part of the team that inspects such facility. The
  814  agency may waive a monitoring visit during the licensure cycle
  815  for a facility that has been licensed for at least 24 months to
  816  provide limited nursing services if the facility has no:
  817         a. Class I or class II violations and no uncorrected class
  818  III violations;
  819         b. Citations for licensure violation which resulted from
  820  referrals by the ombudsman to the agency; or
  821         c. Citations for a licensure violation which resulted from
  822  complaints to the agency.
  823         3. A person who receives limited nursing services under
  824  this part must meet the admission criteria established by the
  825  agency for assisted living facilities. When a resident no longer
  826  meets the admission criteria for a facility licensed under this
  827  part, arrangements for relocating the person shall be made in
  828  accordance with s. 429.28(1)(k), unless the facility is licensed
  829  to provide extended congregate care services.
  830         Section 11. Section 429.075, Florida Statutes, is amended
  831  to read:
  832         429.075 Limited mental health license.—In order to provide
  833  services to three or more mental health residents, an assisted
  834  living facility that serves three or more mental health
  835  residents must obtain a limited mental health license.
  836         (1) To obtain a limited mental health license, a facility:
  837         (a) Must hold and maintain a standard license as an
  838  assisted living facility; and,
  839         (b) Must not have been subject to administrative sanctions
  840  during the previous 2 years, or since initial licensure if the
  841  facility has been licensed for less than 2 years, for any of the
  842  following reasons:
  843         1. One or more class I violations imposed by final agency
  844  action;
  845         2. Two or more class II violations imposed by final agency
  846  action;
  847         3. Three or more class III violations that were not
  848  corrected in accordance with s. 408.811(4);
  849         4. Three or more class III violations that were not
  850  corrected in accordance within the time specified by the agency
  851  for correction;
  852         5. Denial, suspension, or revocation of a license for
  853  another facility licensed under this part in which the applicant
  854  had at least a 25 percent ownership interest; or
  855         6. Imposition of a moratorium pursuant to this part or part
  856  II of chapter 408 or initiation of injunctive proceedings. any
  857  current uncorrected deficiencies or violations, and must ensure
  858  that,
  859         (2) Within 3 6 months after receiving a limited mental
  860  health license, the facility administrator and the staff of the
  861  facility who are in direct contact with mental health residents
  862  must complete training of no less than 6 hours related to their
  863  duties. This training shall be created in accordance with s.
  864  429.52 or approved by the Department of Children and Family
  865  Services. A training provider may charge a reasonable fee for
  866  the training. Such designation
  867         (3) Application for a limited mental health license may be
  868  made at the time of initial licensure or relicensure or upon
  869  request in writing by a licensee under this part and part II of
  870  chapter 408. Notification of agency approval or denial of such
  871  license must request shall be made in accordance with this part,
  872  part II of chapter 408, and applicable rules. This training will
  873  be provided by or approved by the Department of Children and
  874  Family Services.
  875         (4)(2) Facilities licensed to provide services to mental
  876  health residents shall provide appropriate supervision and
  877  staffing to provide for the health, safety, and welfare of such
  878  residents.
  879         (3) A facility that has a limited mental health license
  880  must:
  881         (a) Have a copy of each mental health resident’s community
  882  living support plan and the cooperative agreement with the
  883  mental health care services provider. The support plan and the
  884  agreement may be combined.
  885         (b) Have documentation that is provided by the Department
  886  of Children and Family Services that each mental health resident
  887  has been assessed and determined to be able to live in the
  888  community in an assisted living facility with a limited mental
  889  health license.
  890         (c) Make the community living support plan available for
  891  inspection by the resident, the resident’s legal guardian, the
  892  resident’s health care surrogate, and other individuals who have
  893  a lawful basis for reviewing this document.
  894         (d) Assist the mental health resident in carrying out the
  895  activities identified in the individual’s community living
  896  support plan.
  897         (4) A facility with a limited mental health license may
  898  enter into a cooperative agreement with a private mental health
  899  provider. For purposes of the limited mental health license, the
  900  private mental health provider may act as the case manager.
  901         (5)Effective January 1, 2013, a mental health surveyor
  902  shall serve as part of the team that inspects a facility with
  903  mental health residents, and may conduct the inspection without
  904  other agency representatives. The role of the mental health
  905  surveyor is to determine the facility’s compliance in meeting
  906  obligations specified in the cooperative agreement pursuant to
  907  s. 394.4574. The agency shall enter into an interagency
  908  agreement with the Department of Children and Family Services to
  909  receive from the contracted community agencies reports
  910  concerning compliance with the requirements of cooperative
  911  agreements and community support plans under s. 394.4574
  912  applicable to a licensed facility, and whether the mental health
  913  residents are receiving the services required under those
  914  documents while residing in the licensed facility. Monitoring
  915  visits shall occur at least twice a year. The agency may waive a
  916  monitoring visit for a facility that has been licensed for at
  917  least 24 months to provide limited mental health services if the
  918  mental health surveyor determines the cooperative agreements and
  919  community support plans are in compliance with applicable
  920  requirements and the mental health residents are receiving the
  921  appropriate services under those documents while residing in the
  922  licensed facility and the facility has no:
  923         (a) Class I or class II violations and no uncorrected class
  924  III violations;
  925         (b) Citations for a licensure violation which resulted from
  926  referrals by the ombudsman to the agency; or
  927         (c) Citations for a licensure violation which resulted from
  928  complaints to the agency.
  929         Section 12. Section 429.0751, Florida Statutes, is created
  930  to read:
  931         429.0751 Mental health residents.—An assisted living
  932  facility that has one or more mental health residents must:
  933         (1) Enter into a cooperative agreement with the mental
  934  health care service provider responsible for providing services
  935  to the mental health resident, including a mental health care
  936  service provider responsible for providing private pay services
  937  to the mental health resident, to ensure coordination of care.
  938         (2) Consult with the mental health case manager and the
  939  mental health resident in developing a community living support
  940  plan and maintaining a copy of each mental health resident’s
  941  community living support plan.
  942         (3) Make the community living support plan available for
  943  inspection by the resident, the resident’s legal guardian, the
  944  resident’s health care surrogate, and other individuals who have
  945  a lawful basis for reviewing this document.
  946         (4) Assist the mental health resident in carrying out the
  947  activities identified in the individual’s community living
  948  support plan.
  949         (5) Have documentation that is provided by the Department
  950  of Children and Family Services which indicates that each mental
  951  health resident has been assessed and determined to be able to
  952  live in the community in an assisted living facility.
  953         Section 13. Subsection (4) of section 429.14, Florida
  954  Statutes, is amended to read:
  955         429.14 Administrative penalties.—
  956         (4) The agency shall deny or revoke the license of an
  957  assisted living facility that:
  958         (a) Has two or more class I violations and had a class I or
  959  class II violation from separate monitoring visits, surveys, or
  960  investigations that are similar or identical to violations
  961  identified by the agency during a survey, inspection, monitoring
  962  visit, or complaint investigation occurring within the previous
  963  2 years; or.
  964         (b) Commits a class I violation that causes the death of a
  965  resident or an intentional or negligent act that, based on a
  966  court’s findings, caused the death of a resident.
  967         Section 14. Section 429.176, Florida Statutes, is amended
  968  to read:
  969         429.176 Notice of change of Administrator; managers.—
  970         (1) An administrator may be responsible for up to three
  971  assisted living facilities if all three assisted living
  972  facilities have identical controlling interests as defined in s.
  973  408.803 and are located within 50 miles of each other. If an
  974  administrator is responsible for more than one assisted living
  975  facility, a manager must be appointed for each facility to
  976  assume responsibility for the facility during the
  977  administrator’s absence. The manager must be reported to the
  978  agency within 10 days after appointment.
  979         (2) If, during the period for which a license is issued,
  980  the owner changes administrators, the administrator changes, the
  981  licensee owner must notify the agency of the change and the name
  982  and license number of the new administrator within 10 days after
  983  the change and provide documentation within 90 days that the new
  984  administrator has completed the applicable core educational
  985  requirements under s. 429.52.
  986         (3) If an administrator leaves the employment of an
  987  assisted living facility, and a licensed administrator is not
  988  named as required in subsection (2), the assisted living
  989  facility must notify the agency within 2 days after the
  990  administrator’s departure and may operate for up to 3 months
  991  with a manager who will assume responsibility for the operation
  992  of the facility during that period. The manager must have
  993  completed the 40-hour administrator core training and
  994  successfully passed the examination described in s. 429.52(6)
  995  with a score of 80 percent.
  996         (4) A manager of a facility who assumes responsibility for
  997  the operation of the facility during the absence of an
  998  administrator in accordance with subsection (1) must have
  999  completed the 40-hour administrator core training and
 1000  successfully passed the examination described in s. 429.52(6)
 1001  with a score of 80 percent within 30 days after being employed
 1002  as, or becoming, a facility manager.
 1003         Section 15. Paragraphs (a) and (b) of subsection (2) of
 1004  section 429.178, Florida Statutes, are amended to read:
 1005         429.178 Special care for persons with Alzheimer’s disease
 1006  or other related disorders.—
 1007         (2)(a) Staff, including an administrator, An individual who
 1008  is employed by a facility that provides special care for
 1009  residents who have with Alzheimer’s disease or other related
 1010  disorders, and who has regular contact with such residents, must
 1011  complete up to 4 hours of initial dementia-specific training
 1012  developed or approved by the department. The training must shall
 1013  be completed within 3 months after beginning employment and
 1014  shall satisfy the core training requirements of s. 429.52(2)(g).
 1015         (b) A direct caregiver who is employed by a facility that
 1016  provides special care for residents who have with Alzheimer’s
 1017  disease or other related disorders, and who provides direct care
 1018  to such residents, must complete the required initial training
 1019  required in paragraph (a) and 4 additional hours of training
 1020  developed or approved by the department. The training must shall
 1021  be completed within 6 9 months after beginning employment and
 1022  shall satisfy the core training requirements of s. 429.52(2)(g).
 1023         Section 16. Subsection (2) of section 429.19, Florida
 1024  Statutes, is amended to read:
 1025         429.19 Violations; imposition of administrative fines;
 1026  grounds.—
 1027         (2) Each violation of this part and adopted rules shall be
 1028  classified according to the nature of the violation and the
 1029  gravity of its probable effect on facility residents as provided
 1030  in s. 408.813.
 1031         (a) The agency shall indicate the classification on the
 1032  written notice of the violation as follows:
 1033         1.(a) Class “I” violations are defined in s. 408.813. the
 1034  agency shall issue a citation regardless of correction and
 1035  impose an administrative fine for a cited class I violation in
 1036  an amount not less than $5,000 and not exceeding $10,000 for
 1037  each violation.
 1038         2.(b) Class “II” violations are defined in s. 408.813. the
 1039  agency shall issue a citation regardless of correction and
 1040  impose an administrative fine for a cited class II violation in
 1041  an amount not less than $1,000 and not exceeding $5,000 for each
 1042  violation.
 1043         3.(c) Class “III” violations are defined in s. 408.813. the
 1044  agency shall impose an administrative fine for a cited class III
 1045  violation in an amount not less than $500 and not exceeding
 1046  $1,000 for each violation.
 1047         4.(d) Class “IV” violations are defined in s. 408.813. the
 1048  agency shall impose an administrative fine for a cited class IV
 1049  violation in an amount not less than $100 and not exceeding $200
 1050  for each violation.
 1051         (b) In lieu of the penalties provided in paragraph (a), the
 1052  agency shall impose a $10,000 penalty for a violation that
 1053  results in the death of a resident. This administrative fine is
 1054  in addition to the penalty provided in paragraph (4) of s.
 1055  429.14.
 1056         (c) Notwithstanding paragraph (a), if the assisted living
 1057  facility is cited for a class I or class II violation and within
 1058  24 months the facility is cited for another class I or class II
 1059  violation, the agency shall double the fine for the subsequent
 1060  violation if the violation is in the same class as the previous
 1061  violation.
 1062         Section 17. Section 429.195, Florida Statutes, is amended
 1063  to read:
 1064         429.195 Rebates prohibited; penalties.—
 1065         (1) It is unlawful for any assisted living facility
 1066  licensed under this part to contract or promise to pay or
 1067  receive any commission, bonus, kickback, or rebate or engage in
 1068  any split-fee arrangement in any form whatsoever with any
 1069  person, health care provider, or health care facility as
 1070  provided in s. 817.505 physician, surgeon, organization, agency,
 1071  or person, either directly or indirectly, for residents referred
 1072  to an assisted living facility licensed under this part. A
 1073  facility may employ or contract with persons to market the
 1074  facility, provided the employee or contract provider clearly
 1075  indicates that he or she represents the facility. A person or
 1076  agency independent of the facility may provide placement or
 1077  referral services for a fee to individuals seeking assistance in
 1078  finding a suitable facility; however, any fee paid for placement
 1079  or referral services must be paid by the individual looking for
 1080  a facility, not by the facility.
 1081         (2) This section does not apply to:
 1082         (a) Any individual employed by the assisted living facility
 1083  or with whom the facility contracts to market the facility if
 1084  the individual clearly indicates that he or she works with or
 1085  for the facility.
 1086         (b) Payments by an assisted living facility to a referral
 1087  service that provides information, consultation, or referrals to
 1088  consumers to assist them in finding appropriate care or housing
 1089  options for seniors or disabled adults, if such referred
 1090  consumers are not Medicaid recipients.
 1091         (c) A resident of an assisted living facility who refers to
 1092  the assisted living facility a friend, family member, or other
 1093  individual with whom the resident has a personal relationship,
 1094  in which case the assisted living facility may provide a
 1095  monetary reward to the resident for making such referral.
 1096         (3)(2) A violation of this section shall be considered
 1097  patient brokering and is punishable as provided in s. 817.505.
 1098         Section 18. Paragraph (j) is added to subsection (3) of
 1099  section 817.505, Florida Statutes, to read:
 1100         817.505 Patient brokering prohibited; exceptions;
 1101  penalties.—
 1102         (3) This section shall not apply to:
 1103         (j) Any payment permitted under s. 429.195(2).
 1104         Section 19. Section 429.231, Florida Statutes, is created
 1105  to read:
 1106         429.231Advisory council, membership, duties.—
 1107         (1) The department shall establish an advisory council to
 1108  review the facts and circumstances of unexpected deaths in
 1109  assisted living facilities and of elopements that result in harm
 1110  to a resident. The purpose of this review is to:
 1111         (a) Achieve a greater understanding of the causes and
 1112  contributing factors of the unexpected deaths and elopements.
 1113         (b) Identify any gaps, deficiencies, or problems in the
 1114  delivery of services to the residents.
 1115         (2) Based on the review, the advisory council shall make
 1116  recommendations for:
 1117         (a) Industry best practices that could be used to prevent
 1118  unexpected deaths and elopements.
 1119         (b) Training and educational requirements for employees and
 1120  administrators of assisted living facilities.
 1121         (c) Changes in the law, rules, or other policies to prevent
 1122  unexpected deaths and elopements.
 1123         (3) The advisory council shall prepare an annual
 1124  statistical report on the incidence and causes of unexpected
 1125  deaths in assisted living facilities and of elopements that
 1126  result in harm to residents during the prior calendar year. The
 1127  advisory council shall submit a copy of the report by December
 1128  31 of each year to the Governor, the President of the Senate,
 1129  and the Speaker of the House of Representatives. The report may
 1130  make recommendations for state action, including specific
 1131  policy, procedural, regulatory, or statutory changes, and any
 1132  other recommended preventive action.
 1133         (4) The advisory council shall consist of the following
 1134  members:
 1135         (a) The Secretary of Elderly Affairs, or a designee, who
 1136  shall be the chair.
 1137         (b) The Secretary of Health Care Administration, or a
 1138  designee.
 1139         (c) The Secretary of Children and Family Services, or a
 1140  designee.
 1141         (d) The State Long-Term Care Ombudsman, or a designee.
 1142         (e) The following persons who are selected by the Governor:
 1143         1. An owner or administrator of an assisted living facility
 1144  with fewer than 17 beds.
 1145         2. An owner or administrator of an assisted living facility
 1146  with 17 or more beds.
 1147         3. An owner or administrator or an assisted living facility
 1148  with a limited mental health license.
 1149         4. A representative from each of three statewide
 1150  associations that represent assisted living facilities.
 1151         5. A resident of an assisted living facility.
 1152         (5) The advisory council shall meet at least twice each
 1153  calendar year or at the call of the chair. The chair may appoint
 1154  ad hoc committees as necessary to carry out the duties of the
 1155  council.
 1156         (6) The members of the advisory council selected by the
 1157  Governor shall be appointed to staggered terms of office which
 1158  may not exceed 2 years. Members are eligible for reappointment.
 1159         (7) Members of the advisory council shall serve without
 1160  compensation but are entitled to reimbursement for per diem and
 1161  travel expenses incurred in the performance of their duties as
 1162  provided in s. 112.061 and to the extent that funds are
 1163  available.
 1164         Section 20. Effective October 1, 2012, subsections (1) and
 1165  (2) of section 429.28, Florida Statutes, are amended to read:
 1166         429.28 Resident bill of rights.—
 1167         (1) A No resident of a facility may not shall be deprived
 1168  of any civil or legal rights, benefits, or privileges guaranteed
 1169  by law, the Constitution of the State of Florida, or the
 1170  Constitution of the United States as a resident of a facility.
 1171  Every resident of a facility shall have the right to:
 1172         (a) Live in a safe and decent living environment, free from
 1173  abuse and neglect.
 1174         (b) Be treated with consideration and respect and with due
 1175  recognition of personal dignity, individuality, and the need for
 1176  privacy.
 1177         (c) Retain and use his or her own clothes and other
 1178  personal property in his or her immediate living quarters, so as
 1179  to maintain individuality and personal dignity, except when the
 1180  facility can demonstrate that such would be unsafe, impractical,
 1181  or an infringement upon the rights of other residents.
 1182         (d) Unrestricted private communication, including receiving
 1183  and sending unopened correspondence, access to a telephone, and
 1184  visiting with any person of his or her choice, at any time
 1185  between the hours of 9 a.m. and 9 p.m. at a minimum. Upon
 1186  request, the facility shall make provisions to extend visiting
 1187  hours for caregivers and out-of-town guests, and in other
 1188  similar situations.
 1189         (e) Freedom to participate in and benefit from community
 1190  services and activities and to achieve the highest possible
 1191  level of independence, autonomy, and interaction within the
 1192  community.
 1193         (f) Manage his or her financial affairs unless the resident
 1194  or, if applicable, the resident’s representative, designee,
 1195  surrogate, guardian, or attorney in fact authorizes the
 1196  administrator of the facility to provide safekeeping for funds
 1197  as provided in s. 429.27.
 1198         (g) Share a room with his or her spouse if both are
 1199  residents of the facility.
 1200         (h) Reasonable opportunity for regular exercise several
 1201  times a week and to be outdoors at regular and frequent
 1202  intervals except when prevented by inclement weather.
 1203         (i) Exercise civil and religious liberties, including the
 1204  right to independent personal decisions. No religious beliefs or
 1205  practices, nor any attendance at religious services, shall be
 1206  imposed upon any resident.
 1207         (j) Access to adequate and appropriate health care
 1208  consistent with established and recognized standards within the
 1209  community.
 1210         (k) At least 30 45 days’ notice of relocation or
 1211  termination of residency from the facility unless, for medical
 1212  reasons, the resident is certified by a physician to require an
 1213  emergency relocation to a facility providing a more skilled
 1214  level of care or the resident engages in a pattern of conduct
 1215  that is harmful or offensive to other residents. In the case of
 1216  a resident who has been adjudicated mentally incapacitated, the
 1217  guardian shall be given at least 30 45 days’ notice of a
 1218  nonemergency relocation or residency termination. Reasons for
 1219  relocation shall be set forth in writing. A resident or the
 1220  resident’s legal guardian or representative may file a grievance
 1221  with the facility pursuant to s. 429.281 in response to
 1222  receiving a notice of relocation or termination of residency
 1223  from the facility. If a grievance is filed, the effective date
 1224  of the relocation or termination or residency is extended at
 1225  least 15 days. In order for a facility to terminate the
 1226  residency of an individual without notice as provided herein,
 1227  the facility shall show good cause in a court of competent
 1228  jurisdiction.
 1229         (l) Present grievances and recommend changes in policies,
 1230  procedures, and services to the staff of the facility, governing
 1231  officials, or any other person without restraint, interference,
 1232  coercion, discrimination, or reprisal. Each facility shall
 1233  establish a grievance procedure to facilitate the residents’
 1234  exercise of this right. This right includes access to ombudsman
 1235  volunteers and advocates and the right to be a member of, to be
 1236  active in, and to associate with advocacy or special interest
 1237  groups.
 1238         (2) The administrator of a facility shall ensure that a
 1239  written notice of the rights, obligations, and prohibitions set
 1240  forth in this part is posted in a prominent place in each
 1241  facility and read or explained to residents who cannot read. The
 1242  This notice must shall include the name, address, and telephone
 1243  numbers of the local ombudsman council and central abuse hotline
 1244  and, if when applicable, Disability Rights Florida the Advocacy
 1245  Center for Persons with Disabilities, Inc., and the Florida
 1246  local advocacy council, where complaints may be lodged. The
 1247  notice must state that the names or identities of the
 1248  complainants or residents involved in a complaint made to the
 1249  Office of State Long-Term Care Ombudsman or a local long-term
 1250  care ombudsman council are confidential unless the resident
 1251  authorizes disclosure in order for the ombudsman to attempt to
 1252  resolve the complaint. The facility must ensure a resident’s
 1253  access to a telephone to call the local ombudsman council,
 1254  central abuse hotline, Disability Rights Florida Advocacy Center
 1255  for Persons with Disabilities, Inc., and the Florida local
 1256  advocacy council.
 1257         Section 21. Effective October 1, 2012, section 429.281,
 1258  Florida Statutes, is created to read:
 1259         429.281Grievances for resident relocation or termination
 1260  of residency.—
 1261         (1) As used in this section, the term:
 1262         (a) “Relocation” means to move a resident from one facility
 1263  to another facility that is responsible for the resident’s care.
 1264         (b) “Termination of residency” means the release of a
 1265  resident from a facility that ceases to be responsible for the
 1266  resident’s care.
 1267         (2) Each facility licensed under this part must comply with
 1268  s. 429.28(1)(k) when a decision is made to relocate or terminate
 1269  the residency of a resident.
 1270         (3) Except as provided in s. 429.28(1)(k), at least 30 days
 1271  before a proposed relocation or termination of residency, the
 1272  facility must provide advance notice of the proposed relocation
 1273  or termination of residency to the resident and to a family
 1274  member, if known, or the resident’s legal guardian or
 1275  representative.
 1276         (4) The notice must be in writing and contain at a minimum,
 1277  the following:
 1278         (a) The date on which the notice is provided to the
 1279  resident or resident’s legal guardian or representative;
 1280         (b) The effective date of the relocation or termination of
 1281  residency if the resident:
 1282         1. Does not file a grievance; and
 1283         2. Files a grievance, which may not be less than 15 days
 1284  after the effective date if a grievance is not filed;
 1285         (c) Information about the facility’s procedures for filing
 1286  a grievance which is presented in a concise, straightforward
 1287  manner and is written at an eighth-grade reading level;
 1288         (d) Information about how to seek assistance from the local
 1289  long-term care ombudsman council for a grievance;
 1290         (e) The location to which the resident is being relocated,
 1291  if known; and
 1292         (f) The reason that the resident is being relocated or the
 1293  residency is being terminated, along with a supporting
 1294  explanation.
 1295         (5) A resident may be relocated or have his or her
 1296  residency terminated by the facility only if:
 1297         (a) The resident’s needs cannot be met in the facility;
 1298         (b) The resident no longer needs the services provided by
 1299  the facility;
 1300         (c) The health or safety of individuals in the facility is
 1301  endangered by the resident;
 1302         (d) The resident, resident’s family, or resident’s visitors
 1303  cause disruption in the facility’s normal environment;
 1304         (e) The contract for residency between the resident and the
 1305  facility has expired; or
 1306         (f) The resident has failed, after reasonable and
 1307  appropriate notice, to pay.
 1308         (6) A resident is entitled to challenge a facility’s
 1309  proposed relocation or termination of residency through the
 1310  facility’s grievance procedure. The grievance must be filed
 1311  within 15 days after receipt of the notice of relocation or
 1312  termination of residency. If the resident files a grievance, the
 1313  resident may not be required to leave the facility until at
 1314  least 45 days after the notice of proposed relocation or
 1315  termination of residency is received by the resident or the
 1316  resident’s legal guardian or representative.
 1317         (7) A resident may request that the local long-term care
 1318  ombudsman council review any notice of relocation or termination
 1319  of residency given to the resident. If requested, the local
 1320  long-term care ombudsman council shall assist the resident, or
 1321  the resident’s legal guardian or representative, with filing a
 1322  grievance and completing the grievance process.
 1323         (8) Unless an emergency relocation is necessary as provided
 1324  in this section, the facility may not impede the resident’s
 1325  right to remain in the facility, and the resident may remain in
 1326  the facility until the outcome of the grievance, which must be
 1327  completed within 45 days after receipt of the notice of
 1328  relocation or termination of residency, unless both the facility
 1329  and the resident, or the resident’s legal guardian or
 1330  representative, agree to extend the deadline for the conclusion
 1331  of the grievance process. The facility must ensure that
 1332  responsible representatives of the facility are reasonably
 1333  available to participate in the grievance process.
 1334         (9) This section applies to relocations or terminations of
 1335  residency which are initiated by the assisted living facility,
 1336  and does not apply to those initiated by the resident or by the
 1337  resident’s physician, legal guardian, or representative.
 1338         (10) This section does not affect the rights the resident
 1339  has to seek civil remedies.
 1340         Section 22. Section 429.34, Florida Statutes, is amended to
 1341  read:
 1342         429.34 Right of entry and inspection.—
 1343         (1) In addition to the requirements of s. 408.811, a any
 1344  duly designated officer or employee of the department, the
 1345  Department of Children and Family Services, the Medicaid Fraud
 1346  Control Unit of the Office of the Attorney General, the state or
 1347  local fire marshal, or a member of the state or local long-term
 1348  care ombudsman council may shall have the right to enter
 1349  unannounced upon and into the premises of any facility licensed
 1350  pursuant to this part in order to determine the state of
 1351  compliance with the provisions of this part, part II of chapter
 1352  408, and applicable rules. Data collected by the state or local
 1353  long-term care ombudsman councils or the state or local advocacy
 1354  councils may be used by the agency in investigations involving
 1355  violations of regulatory standards.
 1356         (2) In accordance with s. 408.811, every 24 months the
 1357  agency shall conduct at least one unannounced inspection to
 1358  determine compliance with this part, part II of chapter 408, and
 1359  applicable rules. If the assisted living facility is accredited
 1360  by the Joint Commission, the Council on Accreditation, or the
 1361  Commission on Accreditation of Rehabilitation Facilities, the
 1362  agency may conduct unannounced inspections less frequently, but
 1363  in no event less than once every 5 years.
 1364         (a) Two additional inspections shall be conducted every 6
 1365  months for the next year if the assisted living facility has
 1366  been cited for a class I violation or two or more class II
 1367  violations arising from separate inspections within a 6-month
 1368  period. In addition to any fines imposed on an assisted living
 1369  facility under s. 429.19, the agency shall assess a fee of $69
 1370  per bed for each of the additional two inspections, not to
 1371  exceed $12,000 per inspection.
 1372         (b) The agency shall verify through subsequent inspections
 1373  that any violation identified during an inspection is corrected.
 1374  However, the agency may verify the correction of a class III or
 1375  class IV violation unrelated to resident rights or resident care
 1376  without reinspection if the facility submits adequate written
 1377  documentation that the violation has been corrected.
 1378         (3) The agency is designated the central agency for
 1379  tracking complaints that involve potential licensure violations
 1380  to ensure a timely response to allegations regarding facilities
 1381  and the initiation of licensure enforcement action, if
 1382  warranted. Any other state agency regulating, or providing
 1383  services to residents of, assisted living facilities, including
 1384  the department, the Agency for Persons with Disabilities, the
 1385  Department of Health, the Long-Term Care Ombudsman Council, and
 1386  the Department of Children and Family Services, must report any
 1387  allegations or complaints that have been substantiated or are
 1388  likely to have occurred to the agency within 2 business days if
 1389  the report reflects serious and immediate risk to residents. All
 1390  other referrals must be made within 10 business days.
 1391         (4) The agency shall have lead surveyors in each field
 1392  office who specialize in assessing assisted living facilities.
 1393  The lead surveyors shall provide initial and ongoing training to
 1394  surveyors who will be inspecting and monitoring facilities. The
 1395  lead surveyors shall ensure that consistent inspection and
 1396  monitoring assessments are conducted.
 1397         (5) The agency shall have one statewide lead surveyor who
 1398  specializes in assisted living facility inspections. The lead
 1399  surveyor shall coordinate communication between lead surveyors
 1400  of assisted living facilities throughout the state and ensure
 1401  statewide consistency in applying facility inspection laws and
 1402  rules.
 1403         Section 23. Paragraph (l) of subsection (1) and subsections
 1404  (2) and (5) of section 429.41, Florida Statutes, are amended to
 1405  read:
 1406         429.41 Rules establishing standards.—
 1407         (1) It is the intent of the Legislature that rules
 1408  published and enforced pursuant to this section shall include
 1409  criteria by which a reasonable and consistent quality of
 1410  resident care and quality of life may be ensured and the results
 1411  of such resident care may be demonstrated. Such rules shall also
 1412  ensure a safe and sanitary environment that is residential and
 1413  noninstitutional in design or nature. It is further intended
 1414  that reasonable efforts be made to accommodate the needs and
 1415  preferences of residents to enhance the quality of life in a
 1416  facility. The agency, in consultation with the department, may
 1417  adopt rules to administer the requirements of part II of chapter
 1418  408. In order to provide safe and sanitary facilities and the
 1419  highest quality of resident care accommodating the needs and
 1420  preferences of residents, the department, in consultation with
 1421  the agency, the Department of Children and Family Services, and
 1422  the Department of Health, shall adopt rules, policies, and
 1423  procedures to administer this part, which must include
 1424  reasonable and fair minimum standards in relation to:
 1425         (l) The establishment of specific policies and procedures
 1426  on resident elopement. Facilities shall conduct a minimum of two
 1427  resident elopement drills each year. All administrators and
 1428  direct care staff shall participate in the drills. Facilities
 1429  shall document the drills. Each calendar year, the agency shall
 1430  observe the elopement drills of 10 percent of the licensed
 1431  facilities in the state. The facilities must be randomly
 1432  selected by the agency and the elopement drills must coincide
 1433  with an inspection or survey conducted by the agency. If an
 1434  agency employee observes an elopement drill that does not meet
 1435  licensure standards, the agency shall cite violations in
 1436  accordance with s. 429.19(2).
 1437         (2) In adopting any rules pursuant to this part, the
 1438  department, in conjunction with the agency, shall make distinct
 1439  standards for facilities based upon facility size; the types of
 1440  care provided; the physical and mental capabilities and needs of
 1441  residents; the type, frequency, and amount of services and care
 1442  offered; and the staffing characteristics of the facility. Rules
 1443  developed pursuant to this section may shall not restrict the
 1444  use of shared staffing and shared programming in facilities that
 1445  are part of retirement communities that provide multiple levels
 1446  of care and otherwise meet the requirements of law and rule.
 1447  Except for uniform firesafety standards, the department shall
 1448  adopt by rule separate and distinct standards for facilities
 1449  with 16 or fewer beds and for facilities with 17 or more beds.
 1450  The standards for facilities with 16 or fewer beds must shall be
 1451  appropriate for a noninstitutional residential environment if,
 1452  provided that the structure is no more than two stories in
 1453  height and all persons who cannot exit the facility unassisted
 1454  in an emergency reside on the first floor. The department, in
 1455  conjunction with the agency, may make other distinctions among
 1456  types of facilities as necessary to enforce the provisions of
 1457  this part. If Where appropriate, the agency shall offer
 1458  alternate solutions for complying with established standards,
 1459  based on distinctions made by the department and the agency
 1460  relative to the physical characteristics of facilities and the
 1461  types of care offered therein.
 1462         (5) In order to allocate resources efficiently, the agency
 1463  shall conduct may use an abbreviated biennial standard licensure
 1464  inspection that consists of a review of key quality-of-care
 1465  standards in lieu of a full inspection in a facility that has a
 1466  good record of past performance. However, a full inspection must
 1467  be conducted in a facility that has a history of class I or
 1468  class II violations, uncorrected class III violations, confirmed
 1469  ombudsman council complaints that resulted in a citation for
 1470  licensure, or confirmed licensure complaints which resulted in a
 1471  citation for a licensure violation, within the previous
 1472  licensure period immediately preceding the inspection or if a
 1473  potentially serious problem is identified during the abbreviated
 1474  inspection. The agency, in consultation with the department,
 1475  shall develop the key quality-of-care standards with input from
 1476  the State Long-Term Care Ombudsman Council and representatives
 1477  of provider groups for incorporation into its rules.
 1478         Section 24. Subsection (1) of section 429.49, Florida
 1479  Statutes, is amended to read:
 1480         429.49 Resident records; penalties for alteration.—
 1481         (1) Any person who fraudulently alters, defaces, or
 1482  falsifies any medical or other record of an assisted living
 1483  facility, or causes or procures any such offense to be
 1484  committed, commits a misdemeanor of the first second degree,
 1485  punishable as provided in s. 775.082 or s. 775.083.
 1486         Section 25. Section 429.515, Florida Statutes, is created
 1487  to read:
 1488         429.515Preservice orientation.—
 1489         (1) Each employee, including an administrator, of an
 1490  assisted living facility who is newly hired on or after July 1,
 1491  2012, must attend a preservice orientation provided by the
 1492  facility which covers topics that will enable the employee to
 1493  relate and respond to the residents of the facility. The
 1494  orientation must be at least 2 hours in duration, be available
 1495  in English and, if the employee is not fluent in English but is
 1496  fluent in Spanish, Spanish, and, at a minimum, cover the
 1497  following topics:
 1498         (a) Care of persons who have Alzheimer’s disease or other
 1499  related disorders.
 1500         (b) Deescalation techniques.
 1501         (c) Aggression control.
 1502         (d) Elopement prevention.
 1503         (e) Behavior management.
 1504         (2)Upon completion of the preservice orientation, the
 1505  administrator or owner of the facility must sign an affidavit,
 1506  under penalty of perjury, stating that the employee completed
 1507  the preservice orientation. The administrator of the facility
 1508  must maintain the signed affidavit in the employee’s work file.
 1509         Section 26. Section 429.52, Florida Statutes, is amended to
 1510  read:
 1511         (Substantial rewording of section. See
 1512         s. 429.52, F.S., for present text.)
 1513         429.52Training; examination; tutorial; continuing
 1514  education.—
 1515         (1) Staff, other than administrators, hired on or after
 1516  January 1, 2013, who provide regular or direct care to residents
 1517  must complete a 20-hour staff training curriculum, and an
 1518  interactive online tutorial that demonstrates an understanding
 1519  of the training. The training and tutorial must be completed
 1520  within 90 days after employment and is in addition to the
 1521  preservice orientation required under s. 429.515. The department
 1522  may grant an exemption from the applicable hours to nurses,
 1523  certified nursing assistants, or home health aides who can
 1524  demonstrate completion of training that is substantially similar
 1525  to all or portions of the staff training curriculum.
 1526         (2) Staff, other than administrators, providing regular or
 1527  direct care to residents must participate in a minimum of 4
 1528  hours of continuing education every 2 years. The continuing
 1529  education may be offered through online courses. Continuing
 1530  education hours completed for specialty licenses and facilities
 1531  that serve mental health residents pursuant to subsection (8)
 1532  may count toward completion of the continuing education hours
 1533  required under this subsection.
 1534         (3) A certificate must be provided to each person upon
 1535  completion of the training required in this section. A copy of
 1536  the certificate must be maintained in the employee’s work file.
 1537         (4) A person who can document that he or she has completed
 1538  the training and continuing education required by this section
 1539  is not required to retake the training or continuing education
 1540  for the applicable 2-year cycle upon employment with a different
 1541  facility if the break in employment does not exceed 6 months.
 1542         (5) The department, in consultation with stakeholders, the
 1543  agency, the Department of Children and Family Services, the
 1544  Department of Health, and their agents, shall develop the
 1545  following:
 1546         (a) Assisted living facility administrator core training
 1547  that includes at least 40 hours of training. The curriculum, at
 1548  a minimum, must cover the following topics:
 1549         1. State law and rules relating to assisted living
 1550  facilities.
 1551         2. Resident rights and the identification and reporting of
 1552  abuse, neglect, and exploitation.
 1553         3. The special needs of elderly persons, persons who have
 1554  mental illness, and persons who have developmental disabilities
 1555  and how to meet those needs.
 1556         4. Nutrition and food service, including acceptable
 1557  sanitation practices for preparing, storing, and serving food.
 1558         5. Medication management, recordkeeping, and proper
 1559  techniques for assisting residents who self-administer
 1560  medication.
 1561         6. Firesafety requirements, including procedures for fire
 1562  evacuation drills and other emergency procedures.
 1563         7. The care of persons who have Alzheimer’s disease and
 1564  related disorders.
 1565         8. Elopement prevention.
 1566         9. Aggression and behavior management, deescalation
 1567  techniques, and proper protocols and procedures relating to the
 1568  Baker Act as provided in part I of chapter 394.
 1569         10. Do-not-resuscitate orders.
 1570         11. Infection control.
 1571         12. Admission and continued residency.
 1572         13. Phases of care and interacting with residents.
 1573         14. Best practices in the industry.
 1574         15. Business operations, including, but not limited to,
 1575  human resources, financial management, and supervision of staff.
 1576         (b) A continuing education curriculum of 16 hours for
 1577  licensed assisted living facility administrators and managers
 1578  when the administrator is responsible for more than one
 1579  facility. Continuing education must include topics similar to
 1580  those of the core training in paragraph (a), and may include
 1581  additional subject matter that enhances the knowledge, skills,
 1582  and abilities of assisted living facility administrators, as
 1583  adopted by rule.
 1584         (c) Specialty training, continuing education, examinations,
 1585  and tutorials for the requirements in subsection (8).
 1586         (6) The department, in consultation with the agency, the
 1587  Department of Children and Family Services, the Department of
 1588  Health, and their agents, shall develop an assisted living
 1589  facility administrator examination that tests the applicant’s
 1590  knowledge and training of the core training topics listed in
 1591  subsection (5) and an examination covering the continuing
 1592  education topics developed under that subsection.
 1593         (7) The department, in consultation with stakeholders, the
 1594  agency, and the Department of Children and Family Services shall
 1595  develop the standardized staff training curriculum and
 1596  continuing education required under subsections (1) and (2). The
 1597  curriculum must include at least 20 hours of inservice training,
 1598  with at least 1 hour of training per topic, covering at least
 1599  the following topics:
 1600         (a) Reporting major incidents.
 1601         (b) Reporting adverse incidents.
 1602         (c) Facility emergency procedures, including chain-of
 1603  command and staff member roles relating to emergency evacuation.
 1604         (d)Resident rights in an assisted living facility.
 1605         (e) Recognizing and reporting resident abuse, neglect, and
 1606  exploitation.
 1607         (f) Resident behavior and needs.
 1608         (g) Providing assistance with the activities of daily
 1609  living.
 1610         (h) Infection control.
 1611         (i) Aggression and behavior management and deescalation
 1612  techniques.
 1613         (8) Additional specialty training and continuing education
 1614  for assisted living facility staff and administrators is
 1615  required as follows:
 1616         (a) If a facility holds an extended congregate care
 1617  license:
 1618         1. The administrator and manager, if the administrator is
 1619  responsible for more than one facility, must complete a minimum
 1620  of 4 hours of courses that train and educate administrators and
 1621  managers on the special needs and care of residents requiring
 1622  extended congregate care within 90 days after employment or
 1623  after the facility receives an extended congregate care license.
 1624  Administrators and managers are required to complete 4 hours of
 1625  continuing education on relevant topics every 2 years.
 1626         2. Staff who provides regular and direct care to residents
 1627  receiving extended congregate care services must complete a
 1628  minimum of 2 hours of courses that train and educate staff on
 1629  the special needs and care of those requiring limited nursing
 1630  services. The training must be completed within 90 days after
 1631  employment or after the facility receives a limited nursing
 1632  services license. Staff is also required to complete 2 hours of
 1633  continuing education on relevant topics every 2 years.
 1634         (b) If a facility holds a limited nursing services license:
 1635         1. The administrator and manager, if the administrator is
 1636  responsible for more than one facility, must complete a minimum
 1637  of 4 hours of courses that train and educate administrators on
 1638  the special needs and care of those residents requiring limited
 1639  nursing services within 90 days after employment or after the
 1640  facility receives a limited nursing services license.
 1641         2. Staff providing regular and direct care to residents
 1642  receiving limited nursing services must complete a minimum of 2
 1643  hours of courses that train and educate staff on the special
 1644  needs and care of those requiring limited nursing services. The
 1645  training must be completed within 90 days after employment or
 1646  after the facility receives a limited nursing services license.
 1647         (c)1. The administrator, and manager if the administrator
 1648  is responsible for more than one facility, must complete a
 1649  minimum of 8 hours of courses that train and educate
 1650  administrators and managers on the special needs and care of
 1651  mental health residents within 90 days after employment, the
 1652  facility receives a mental health license, or begins caring for
 1653  a mental health resident. Administrators and managers are
 1654  required to complete 4 hours of continuing education on relevant
 1655  topics every 2 years. An administrator and manager, if the
 1656  administrator is responsible for more than one facility, must
 1657  pass an examination related to the administrator’s training with
 1658  a minimum score of 80 percent. An administrator and manager must
 1659  complete an online interactive tutorial related to the
 1660  continuing education in order to demonstrate an understanding of
 1661  the material and receive a certificate of completion.
 1662         2. Staff who provide regular or direct care to mental
 1663  health residents must complete a minimum of 6 hours of
 1664  department-approved mental health training within 90 days after
 1665  beginning employment, after the facility begins serving a mental
 1666  health resident, or after the facility receives a limited mental
 1667  health license. Staff must also complete 4 hours of continuing
 1668  education every 2 years that enhances the ability to care for
 1669  mental health residents. A staff member must complete an online
 1670  interactive tutorial related to the training and continuing
 1671  education in order to demonstrate an understanding of the
 1672  material and receive a certificate of completion. A staff member
 1673  who does not complete the initial training tutorial within the
 1674  90 days may not provide regular or direct care to mental health
 1675  residents until he or she successfully completes the tutorial.
 1676         (d) Staff, including administrators, who prepare or serve
 1677  food must receive a minimum of 1 hour of inservice training in
 1678  safe food handling practices within 30 days after beginning
 1679  employment.
 1680         (e) Staff, including administrators, must receive at least
 1681  1 hour of inservice training on the facility’s resident
 1682  elopement response policies and procedures within 30 days after
 1683  beginning employment.
 1684         1. A copy of the facility’s resident elopement response
 1685  policies and procedures must be provided to staff and the
 1686  administrator.
 1687         2. Staff members and the administrator must demonstrate
 1688  understanding and competency in the implementation of the
 1689  elopement response policies and procedures.
 1690         (f) Staff, including the administrator, involved with the
 1691  management of medications and the assistance with self
 1692  administration of medications under s. 429.256 must complete a
 1693  minimum of 4 additional hours of training provided by a
 1694  registered nurse, licensed pharmacist, or department staff
 1695  member. The department shall establish by rule the minimum
 1696  requirements of this training, including continuing education
 1697  requirements.
 1698         (9)Other facility staff members shall participate in
 1699  training relevant to their job duties and as specified by rule.
 1700         (10) The department, in consultation with a panel of at
 1701  least three mental health professionals, the agency, and the
 1702  Department of Children and Family Services, and their agents
 1703  shall develop a limited mental health curriculum, examination,
 1704  and on-line interactive tutorial.
 1705         (11) The agency or department may require or cause to be
 1706  provided the training or education of staff of an assisted
 1707  living facility beyond that which is required under this part if
 1708  the agency or department determines that there are problems in a
 1709  facility which could be reduced through specific staff training
 1710  or education.
 1711         (12) Existing curricula, examinations, and tutorials may be
 1712  used, modified, or enhanced as appropriate. To the extent
 1713  funding is available, the department may contract for assistance
 1714  with the development, review, updating of the training,
 1715  examinations, and on-line tutorials required under this section.
 1716  
 1717  All training, examinations, and tutorials must be developed and
 1718  offered in English and Spanish, and must be reviewed at least
 1719  annually and updated as needed to reflect changes in the law,
 1720  rules, and best practices. The participant or the participant’s
 1721  employer shall pay any fee associated with the training,
 1722  continuing education, tutorial, or examination.
 1723         Section 27. Section 429.522, Florida Statutes, is created
 1724  to read:
 1725         429.522Assisted living training providers; certification.—
 1726         (1) Effective January 1, 2013, an individual seeking to
 1727  provide assisted living training in this state must be certified
 1728  by the department. The applicant must provide the department
 1729  with proof of completion of the minimum core training
 1730  requirements, successful passage of the assisted living facility
 1731  administrator examination, and proof of compliance with
 1732  continuing education requirements for assisted living facility
 1733  administrators since completion of core training.
 1734         (2) A person seeking to be certified as a trainer must
 1735  also:
 1736         (a) Provide proof of completion of a 4-year baccalaureate
 1737  degree from an accredited college or university and must have
 1738  worked in a management position in an assisted living facility
 1739  for 3 years after obtaining certification in core training
 1740  courses;
 1741         (b) Have worked in a management position in an assisted
 1742  living facility for 5 years after being core certified and have
 1743  1 year of teaching experience as an educator or staff trainer
 1744  for persons who work in assisted living facilities or other
 1745  long-term care settings;
 1746         (c) Have been previously employed as a trainer of core
 1747  training courses for the department;
 1748         (d) Have at least 5 years of employment with the agency as
 1749  a surveyor of assisted living facilities;
 1750         (e) Have at least 5 years of employment as an educator or
 1751  staff trainer for persons working in an assisted living facility
 1752  or another long-term care setting;
 1753         (f) Have a 4-year baccalaureate degree from an accredited
 1754  college or university and at least 4 years of experience as an
 1755  educator or staff trainer for persons working in an assisted
 1756  living facility or another long-term care setting after
 1757  receiving certification in core courses; or
 1758         (g) Meet other qualification criteria as defined by rule of
 1759  the department.
 1760         (3)Training may also be provided by:
 1761         (a) A Florida College System institution;
 1762         (b) Any nonpublic postsecondary education institution
 1763  licensed or exempted from licensure pursuant to chapter 1005; or
 1764         (c) A statewide entity which represents and provides
 1765  technical assistance to assisted living facilities that
 1766  contracts with the department to provide training. The
 1767  department may specify minimum trainer qualifications in the
 1768  contract.
 1769         (4) The department shall provide oversight of the assisted
 1770  living training providers. The department shall adopt rules to
 1771  establish requirements for trainer certification and
 1772  recertification requirements, including continuing education
 1773  requirements, disciplinary action that may be taken against a
 1774  trainer, a trainer decertification process, and required
 1775  electronic reporting of persons who have successfully completed
 1776  training courses.
 1777         (5) If funding is available, by January 1, 2013, the
 1778  department shall develop and maintain an electronic database,
 1779  accessible to the public, which lists all persons holding
 1780  certification as an assisted living trainer, including any
 1781  history of violations. Assisted living trainers shall keep a
 1782  record of individuals who complete training and shall submit the
 1783  record to the department electronically within 24 hours after
 1784  the completion of a course in order for the department to
 1785  include the information in the database.
 1786         Section 28. Section 429.54, Florida Statutes, is amended to
 1787  read:
 1788         429.54 Collection of information; local subsidy;
 1789  interagency communication; facility reporting.—
 1790         (1) To enable the department to collect the information
 1791  requested by the Legislature regarding the actual cost of
 1792  providing room, board, and personal care in assisted living
 1793  facilities, the department may is authorized to conduct field
 1794  visits and audits of facilities as may be necessary. The owners
 1795  of randomly sampled facilities shall submit such reports,
 1796  audits, and accountings of cost as the department may require by
 1797  rule; however, provided that such reports, audits, and
 1798  accountings may not be more than shall be the minimum necessary
 1799  to implement the provisions of this subsection section. Any
 1800  facility selected to participate in the study shall cooperate
 1801  with the department by providing cost of operation information
 1802  to interviewers.
 1803         (2) Local governments or organizations may contribute to
 1804  the cost of care of local facility residents by further
 1805  subsidizing the rate of state-authorized payment to such
 1806  facilities. Implementation of local subsidy shall require
 1807  departmental approval and may shall not result in reductions in
 1808  the state supplement.
 1809         (3) Subject to the availability of funds, the agency, the
 1810  department, the Department of Children and Family Services, the
 1811  Department of Health, and the Agency for Persons with
 1812  Disabilities shall develop or modify electronic systems of
 1813  communication among state-supported automated systems to ensure
 1814  that relevant information pertaining to the regulation of
 1815  assisted living facilities and facility staff is timely and
 1816  effectively communicated among agencies in order to facilitate
 1817  the protection of residents.
 1818         (4) All assisted living facilities shall submit electronic
 1819  reports to the agency twice a year.
 1820         (a) The reports must represent facility data on March 30
 1821  and September 30 of each year and be submitted within 15
 1822  calendar days. The following information and must be submitted:
 1823         1. The number of beds in the facility;
 1824         2. The number of occupied beds;
 1825         3. The number of residents, by age group, younger than 65
 1826  years of age, from 65 to 74 years of age, from 75 to 84 years of
 1827  age, and 85 years of age or older;
 1828         4. The number of residents who are mental health residents,
 1829  who are receiving extended congregate care, who are receiving
 1830  limited nursing services, and who are receiving hospice care;
 1831         5. If there is a facility waiting list, the number of
 1832  individuals on the waiting list and the type of services or care
 1833  they require, if known;
 1834         6. The number of residents receiving optional state
 1835  supplementation; and
 1836         7. The number of residents who are Medicaid recipients and
 1837  the type of waiver used to fund their assisted living facility
 1838  certification care.
 1839         (b) The agency must maintain electronically the electronic
 1840  information submitted and, at a minimum, use the information to
 1841  track trends in resident populations and needs.
 1842         (c) Reporting under this subsection begins March 1, 2013,
 1843  and expires July 1, 2017.
 1844         Section 29. The Division of Statutory Revision is requested
 1845  to rename part II of chapter 468, Florida Statutes, consisting
 1846  of ss. 468.1635-468.1756, Florida Statutes, as “Nursing Home and
 1847  Assisted Living Facility Administration.”
 1848         Section 30. Section 468.1635, Florida Statutes, is amended
 1849  to read:
 1850         468.1635 Purpose.—The sole legislative purpose for enacting
 1851  this part chapter is to ensure that every nursing home
 1852  administrator and assisted living facility administrator
 1853  practicing in this state meets minimum requirements for safe
 1854  practice. It is the legislative intent that nursing home
 1855  administrators and assisted living facility administrators who
 1856  fall below minimum competency or who otherwise present a danger
 1857  to the public shall be prohibited from practicing in this state.
 1858         Section 31. Section 468.1645, Florida Statutes, is amended
 1859  to read:
 1860         468.1645 Administrator license required.—
 1861         (1) A No nursing home in the state may not operate in this
 1862  state unless it is under the management of a nursing home
 1863  administrator, and effective July 1, 2013, an assisted living
 1864  facility may not operate in this state unless it is under the
 1865  management of an assisted living facility administrator who
 1866  holds a currently valid license, provisional license, or
 1867  temporary license.
 1868         (2) Nothing in This part, and or in the rules adopted
 1869  pursuant to this part, do not hereunder shall require an
 1870  administrator of a any facility or institution operated by and
 1871  for persons who rely exclusively upon treatment by spiritual
 1872  means through prayer, in accordance with the creed or tenets of
 1873  any organized church or religious denomination, to be licensed
 1874  as a nursing home administrator or assisted living facility
 1875  administrator if the administrator is employed only to
 1876  administer in such facilities or institutions for the care and
 1877  treatment of the sick.
 1878         Section 32. Section 468.1655, Florida Statutes, is amended
 1879  to read:
 1880         468.1655 Definitions.—As used in this part:
 1881         (1)“Assisted living facility” means a facility licensed
 1882  under part I of chapter 429.
 1883         (2) “Assisted living facility administrator” means a person
 1884  who is licensed to engage in the practice of assisted living
 1885  facility administration in this state under the authority of
 1886  this part.
 1887         (3) “Assisted living facility administrator certification”
 1888  means a professional credential awarded by a contracted third
 1889  party credentialing entity to individuals who demonstrate core
 1890  competency in the practice of assisted living facility
 1891  administration and who meet the education, background screening,
 1892  and other criteria specified by the board for licensure as an
 1893  assisted living facility administrator.
 1894         (4)(1) “Board” means the Board of Long-Term Care Nursing
 1895  Home Administrators.
 1896         (5)(2) “Department” means the Department of Health.
 1897         (6)“Long-term care” means any service provided in
 1898  facilities licensed under part II of chapter 400 or part I of
 1899  chapter 429.
 1900         (7)(3) “Nursing home administrator” means a person who is
 1901  licensed to engage in the practice of nursing home
 1902  administration in this state under the authority of this part.
 1903         (8)“Practice of assisted living facility administration”
 1904  means any service requiring education, training, or experience
 1905  in assisted living facility administration and its application
 1906  to the planning, organizing, staffing, directing, and
 1907  controlling of the total management of an assisted living
 1908  facility. A person is practicing or offering to practice
 1909  assisted living facility administration if such person:
 1910         (a) Practices any of the above services.
 1911         (b) Holds himself or herself out as able to perform, or
 1912  does perform, any form of assisted living facility
 1913  administration by written or verbal claim, sign, advertisement,
 1914  letterhead, or card; or in any other way represents himself or
 1915  herself to be, or implies that he or she is, an assisted living
 1916  facility administrator.
 1917         (9)(4) “Practice of nursing home administration” means any
 1918  service requiring education, training, or experience in nursing
 1919  home administration education, training, or experience and the
 1920  application of such to the planning, organizing, staffing,
 1921  directing, and controlling of the total management of a nursing
 1922  home. A person is practicing or offering shall be construed to
 1923  practice or to offer to practice nursing home administration if
 1924  the person who:
 1925         (a) Practices any of the above services.
 1926         (b) Holds himself or herself out as able to perform, or
 1927  does perform, any form of nursing home administration by written
 1928  or verbal claim, sign, advertisement, letterhead, or card; or in
 1929  any other way represents himself or herself to be, or implies
 1930  that he or she is, a nursing home administrator.
 1931         (10)(5) “Nursing home” means an institution or facility
 1932  licensed as such under part II of chapter 400.
 1933         Section 33. Section 468.1665, Florida Statutes, is amended
 1934  to read:
 1935         468.1665 Board of Long-Term Care Nursing Home
 1936  Administrators; membership; appointment; terms.—
 1937         (1) The Board of Long-Term Care Nursing Home Administrators
 1938  is created within the department and shall consist of eleven
 1939  seven members, to be appointed by the Governor and confirmed by
 1940  the Senate to a term of 4 years or for a term to complete an
 1941  unexpired vacancy.
 1942         (2) Three members of the board must be licensed nursing
 1943  home administrators. Three members of the board must be licensed
 1944  assisted living facility administrators. Two members of the
 1945  board must be health care practitioners. Three The remaining two
 1946  members of the board must be laypersons who are not, and have
 1947  never been, nursing home or assisted living facility
 1948  administrators or members of any health care profession or
 1949  occupation, and at least one of these laypersons must be a
 1950  resident of an assisted living facility. At least one member of
 1951  the board must be 60 years of age or older.
 1952         (3) Only board members who are nursing home administrators
 1953  may have a direct financial interest in any nursing home. Only
 1954  board members who are assisted living facility administrators
 1955  may have a direct financial interest in any assisted living
 1956  facility.
 1957         (4) All provisions of chapter 456 relating to activities of
 1958  regulatory boards shall apply.
 1959         Section 34. Section 468.1685, Florida Statutes, is amended
 1960  to read:
 1961         468.1685 Powers and duties of board and department.—It is
 1962  the function and duty of the board, together with the
 1963  department, to:
 1964         (1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
 1965  implement the provisions of this part conferring duties upon the
 1966  board.
 1967         (2) Develop, impose, and enforce specific standards within
 1968  the scope of the general qualifications established by this part
 1969  which must be met by individuals in order to receive licenses as
 1970  nursing home or assisted living facility administrators. These
 1971  standards shall be designed to ensure that nursing home and
 1972  assisted living facility administrators are individuals of good
 1973  character and otherwise suitable and, by training or experience
 1974  in the field of health care facility institutional
 1975  administration, qualified to serve as nursing home or assisted
 1976  living facility administrators.
 1977         (3) Develop by appropriate techniques, including
 1978  examinations and investigations, a method for determining
 1979  whether an individual meets such standards. The board shall
 1980  contract with one or more third-party credentialing entities for
 1981  the purpose of certifying assisted living facility
 1982  administrators. A third-party credentialing entity must be a
 1983  nonprofit organization that has met nationally recognized
 1984  standards for developing and administering professional
 1985  certification programs. The contract must require that a third
 1986  party credentialing entity:
 1987         (a) Verify that the applicant for licensure as an assisted
 1988  living facility administrator meets the requirements for
 1989  licensure under part I of chapter 429 and this part;
 1990         (b) Develop or assist the Department of Elderly Affairs
 1991  with developing the training and testing materials under s.
 1992  429.52 using nationally recognized certification and
 1993  psychometric standards;
 1994         (c) Maintain an Internet-based database, accessible to the
 1995  public, of all persons holding an assisted living facility
 1996  administrator certification; and
 1997         (d) Require and verify continuing education consistent with
 1998  s. 429.52 and, at least, biennial certification renewal for
 1999  persons holding an assisted living facility administrator
 2000  certification.
 2001         (4) Issue licenses to qualified individuals meeting the
 2002  standards of the board and revoke or suspend licenses previously
 2003  issued by the board if when the individual holding such license
 2004  is determined to have failed to conform substantially conform to
 2005  the requirements of such standards.
 2006         (5) Establish by rule and carry out procedures, by rule,
 2007  designed to ensure that licensed nursing home or assisted living
 2008  facility administrators will comply with the standards adopted
 2009  by the board.
 2010         (6) Receive, investigate, and take appropriate action with
 2011  respect to any charge or complaint filed with the department to
 2012  the effect that a licensed nursing home or assisted living
 2013  facility administrator has failed to comply with the
 2014  requirements or standards adopted by the board.
 2015         (7) Conduct a continuing study and investigation of nursing
 2016  homes and assisted living facilities and the administrators of
 2017  nursing homes and assisted living facilities in order to improve
 2018  the standards imposed for the licensing of such administrators
 2019  and the procedures and methods for enforcing such standards with
 2020  respect to licensed administrators of nursing homes who have
 2021  been licensed as such.
 2022         (8) Set up procedures by rule for advising and acting
 2023  together with the department of Health and other boards of other
 2024  health professions in matters affecting procedures and methods
 2025  for effectively enforcing the purpose of this part and the
 2026  administration of chapters 400 and 429.
 2027         Section 35. Section 468.1695, Florida Statutes, is amended
 2028  to read:
 2029         468.1695 Licensure by examination; licensure by
 2030  certification.—
 2031         (1) Any person desiring to be licensed as a nursing home
 2032  administrator shall apply to the department to take the
 2033  licensure examination. The examination shall be given at least
 2034  two times a year and shall include, but not be limited to,
 2035  questions on the subjects of nursing home administration such
 2036  as:
 2037         (a) Applicable standards of nursing home health and safety;
 2038         (b) Federal, state, and local health and safety laws and
 2039  rules;
 2040         (c) General administration;
 2041         (d) Psychology of patient care;
 2042         (e) Principles of medical care;
 2043         (f) Personal and social care;
 2044         (g) Therapeutic and supportive care and services in long
 2045  term care;
 2046         (h) Departmental organization and management;
 2047         (i) Community interrelationships; and
 2048         (j) Terminology.
 2049  
 2050  The board may, by rule, adopt use of a national examination in
 2051  lieu of part or all of the examination required by this part.
 2052         (2) The department shall examine each applicant for a
 2053  nursing home administrator license who the board certifies has
 2054  completed the application form and remitted an examination fee
 2055  set by the board not to exceed $250 and who:
 2056         (a)1. Holds a baccalaureate degree from an accredited
 2057  college or university and majored in health care administration
 2058  or has credit for at least 60 semester hours in subjects, as
 2059  prescribed by rule of the board, which prepare the applicant for
 2060  total management of a nursing home; and
 2061         2. Has fulfilled the requirements of a college-affiliated
 2062  or university-affiliated internship in nursing home
 2063  administration or of a 1,000-hour nursing home administrator-in
 2064  training program prescribed by the board; or
 2065         (b)1. Holds a baccalaureate degree from an accredited
 2066  college or university; and
 2067         2.a. Has fulfilled the requirements of a 2,000-hour nursing
 2068  home administrator-in-training program prescribed by the board;
 2069  or
 2070         b. Has 1 year of management experience allowing for the
 2071  application of executive duties and skills, including the
 2072  staffing, budgeting, and directing of resident care, dietary,
 2073  and bookkeeping departments within a skilled nursing facility,
 2074  hospital, hospice, assisted living facility with a minimum of 60
 2075  licensed beds, or geriatric residential treatment program and,
 2076  if such experience is not in a skilled nursing facility, has
 2077  fulfilled the requirements of a 1,000-hour nursing home
 2078  administrator-in-training program prescribed by the board.
 2079         (3) The department shall issue a license to practice
 2080  nursing home administration to any applicant who successfully
 2081  completes the examination in accordance with this section and
 2082  otherwise meets the requirements of this part. The department
 2083  shall not issue a license to any applicant who is under
 2084  investigation in this state or another jurisdiction for an
 2085  offense which would constitute a violation of s. 468.1745 or s.
 2086  468.1755. Upon completion of the investigation, the provisions
 2087  of s. 468.1755 shall apply.
 2088         (4) The board may by rule establish a preceptor
 2089  certification and recertification fee not to exceed $100 which
 2090  shall be remitted by those individuals seeking board approval to
 2091  act as preceptors in administrator-in-training programs as
 2092  prescribed by the board. This Said fee may be charged at the
 2093  time of application for initial certification and at the time of
 2094  application for recertification. The board may by rule establish
 2095  a trainee application fee not to exceed $500 to defray the costs
 2096  of the board’s supervision of the administrator-in-training
 2097  program, to be remitted by those individuals seeking to undergo
 2098  a board prescribed administrator-in-training program.
 2099         (5) Any person desiring to be licensed as an assisted
 2100  living facility administrator must apply to the department,
 2101  remit a nonrefundable fee set by the board not to exceed $150,
 2102  and provide proof of a current and valid assisted living
 2103  facility administrator certification. If the board is unable to
 2104  contract with a third-party credentialing entity, the department
 2105  shall verify an applicant’s compliance with all requirements for
 2106  certification and licensure and the submission of a valid
 2107  assisted living facility administrator certification as a
 2108  prerequisite for licensure is waived.
 2109         (6) An assisted living facility administrator certification
 2110  must be issued by a third-party credentialing entity that
 2111  certifies that the individual:
 2112         (a) Is at least 21 years old;
 2113         (b) Holds a 4-year baccalaureate degree from an accredited
 2114  college or university, including completion of coursework in
 2115  health care, gerontology, or geriatrics; holds a 4-year
 2116  baccalaureate degree from an accredited college or university
 2117  and has at least 2 years of experience in direct care in or
 2118  management of an assisted living facility or nursing home; or
 2119  holds a 2-year associate degree and has at least 4 years of
 2120  experience in direct care in an assisted living facility or
 2121  nursing home;
 2122         (c) Has completed a least 40 hours of core training;
 2123         (d) Has passed an examination that documents core
 2124  competencies in the training required for assisted living
 2125  facility administrators prior to licensure with a minimum score
 2126  of 80 percent;
 2127         (e) Has completed background screening pursuant to ss.
 2128  429.174 and 456.0365; and
 2129         (f) Otherwise meets the requirements of this part and part
 2130  I of chapter 429.
 2131         (7) A person who is continuously employed as an assisted
 2132  living facility administrator, or a nursing home administrator
 2133  who is employed as a nursing home administrator, between July 1,
 2134  2012 and January 1, 2013, is eligible for certification as an
 2135  assisted living facility administrator without meeting the
 2136  requirements in subsection (6) if:
 2137         (a) The applicant completed the core training, examination,
 2138  and continuing education requirements under chapter 429 which
 2139  were in effect on June 30, 2012; and
 2140         (b) The applicant was not the administrator of an assisted
 2141  living facility or nursing home that was cited by final agency
 2142  action for a class I or class II violation within the 2 years
 2143  before January 1, 2013.
 2144         (8) A person who is at least 21 years old; completes the
 2145  core training and successfully passes the core training
 2146  examination between January 1, 2011, and January 1, 2013; has
 2147  completed background screening for licensure, has been
 2148  continuously employed by an assisted living facility between
 2149  January 1, 2011, and January 1, 2013; and has never been
 2150  employed as an administrator of an assisted living facility is
 2151  eligible for certification as an assisted living facility
 2152  administrator without meeting the requirements in subsection (6)
 2153  if the person submits an application before July 1, 2013.
 2154         (9) A licensed assisted living facility administrator
 2155  applying for licensure renewal must submit an application, remit
 2156  a renewal fee of $150, and demonstrate that he or she has
 2157  obtained and maintained his or her assisted living facility
 2158  administrator certification that substantiates that he or she
 2159  has completed at least 16 hours of general continuing education,
 2160  any specialty training and continuing education required based
 2161  on licensure of the facility or the resident’s served for which
 2162  the applicant is an administrator, has successfully passed all
 2163  required examinations, and satisfies all other requirements for
 2164  licensure renewal under this part and part I of chapter 429.
 2165         (10) The board and the department may adopt rules for
 2166  licensure forms, staggered license expirations dates, prorated
 2167  licensure fees, and certification to implement the licensure and
 2168  relicensure of assisted living facility administrators.
 2169         Section 36. Subsection (1) of section 468.1705, Florida
 2170  Statutes, is amended to read:
 2171         468.1705 Licensure by endorsement; temporary license.—
 2172         (1) The department shall issue a nursing home administrator
 2173  license by endorsement to an any applicant who, upon applying to
 2174  the department and remitting a fee set by the board not to
 2175  exceed $500, demonstrates to the board that he or she:
 2176         (a) Meets one of the following requirements:
 2177         1. Holds a valid active license to practice nursing home
 2178  administration in another state of the United States if,
 2179  provided that the current requirements for licensure in that
 2180  state are substantially equivalent to, or more stringent than,
 2181  current requirements in this state; or
 2182         2. Meets the qualifications for licensure in s. 468.1695;
 2183  and
 2184         (b)1. Has successfully completed a national examination
 2185  which is substantially equivalent to, or more stringent than,
 2186  the examination given by the department;
 2187         2. Has passed an examination on the laws and rules of this
 2188  state governing the administration of nursing homes; and
 2189         3. Has worked as a fully licensed nursing home
 2190  administrator for 2 years within the 5-year period immediately
 2191  preceding the application by endorsement.
 2192         Section 37. Section 468.1745, Florida Statutes, is amended
 2193  to read:
 2194         468.1745 Prohibitions; penalties.—
 2195         (1) A No person may not shall:
 2196         (a) Practice nursing home administration unless the person
 2197  holds an active license to practice nursing home administration.
 2198         (b) Use the name or title “nursing home administrator” if
 2199  when the person has not been licensed pursuant to this part act.
 2200         (c) Present as his or her own the license of another.
 2201         (d) Give false or forged evidence to the board or a member
 2202  thereof for the purpose of obtaining a license.
 2203         (e) Use or attempt to use a nursing home administrator’s
 2204  license or an assisted living facility administrator’s license
 2205  that which has been suspended or revoked.
 2206         (f) Knowingly employ unlicensed persons in the practice of
 2207  nursing home administration or assisted living facility
 2208  administration.
 2209         (g) Knowingly conceal information relative to violations of
 2210  this part.
 2211         (h) Practice assisted living facility administration unless
 2212  the person holds an active license to practice assisted living
 2213  facility administration.
 2214         (i) Use the name or title “assisted living facility
 2215  administrator” if the person has not been licensed pursuant to
 2216  this part.
 2217         (2) Any person who violates the provisions of this section
 2218  is guilty of a misdemeanor of the second degree, punishable as
 2219  provided in s. 775.082 or s. 775.083.
 2220         Section 38. Section 468.1755, Florida Statutes, is amended
 2221  to read:
 2222         468.1755 Disciplinary proceedings.—
 2223         (1) The following acts constitute grounds for denial of a
 2224  nursing home administrator license, assisted living facility
 2225  administrator license, or disciplinary action, as specified in
 2226  s. 456.072(2):
 2227         (a) Violation of any provision of s. 456.072(1) or s.
 2228  468.1745(1).
 2229         (b) Attempting to procure a license to practice nursing
 2230  home administration or assisted living facility administration
 2231  by bribery, by fraudulent misrepresentation, or through an error
 2232  of the department or the board.
 2233         (c) Having a license to practice nursing home
 2234  administration or assisted living facility administration
 2235  revoked, suspended, or otherwise acted against, including the
 2236  denial of licensure, by the licensing authority of another
 2237  state, territory, or country.
 2238         (d) Being convicted or found guilty, regardless of
 2239  adjudication, of a crime in any jurisdiction which relates to
 2240  the practice of nursing home administration, assisted living
 2241  facility administration, or the ability to practice nursing home
 2242  administration or assisted living facility administration. Any
 2243  plea of nolo contendere shall be considered a conviction for
 2244  purposes of this part.
 2245         (e) Making or filing a report or record which the licensee
 2246  knows to be false, intentionally failing to file a report or
 2247  record required by state or federal law, willfully impeding or
 2248  obstructing such filing, or inducing another person to impede or
 2249  obstruct such filing. Such reports or records shall include only
 2250  those which are signed in the capacity of a licensed nursing
 2251  home administrator or licensed assisted living facility
 2252  administrator.
 2253         (f) Authorizing the discharge or transfer of a resident by
 2254  a nursing home administrator for a reason other than those
 2255  provided in ss. 400.022 and 400.0255.
 2256         (g) Advertising goods or services in a manner which is
 2257  fraudulent, false, deceptive, or misleading in form or content.
 2258         (h) Fraud or deceit, negligence, incompetence, or
 2259  misconduct in the practice of nursing home administration or
 2260  assisted living facility administration.
 2261         (i) Violation of a lawful order of the board or department
 2262  previously entered in a disciplinary hearing or failing to
 2263  comply with a lawfully issued subpoena of the board or
 2264  department.
 2265         (j) Practicing with a revoked, suspended, inactive, or
 2266  delinquent license.
 2267         (k) Repeatedly acting in a manner inconsistent with the
 2268  health, safety, or welfare of the patients of the facility in
 2269  which he or she is the administrator.
 2270         (l) Being unable to practice nursing home administration or
 2271  assisted living facility administration with reasonable skill
 2272  and safety to patients by reason of illness, drunkenness, use of
 2273  drugs, narcotics, chemicals, or any other material or substance
 2274  or as a result of any mental or physical condition. In enforcing
 2275  this paragraph, upon a finding of the State Surgeon General or
 2276  his or her designee that probable cause exists to believe that
 2277  the licensee is unable to serve as a nursing home administrator
 2278  or assisted living facility administrator due to the reasons
 2279  stated in this paragraph, the department shall have the
 2280  authority to issue an order to compel the licensee to submit to
 2281  a mental or physical examination by a physician designated by
 2282  the department. If the licensee refuses to comply with such
 2283  order, the department’s order directing such examination may be
 2284  enforced by filing a petition for enforcement in the circuit
 2285  court where the licensee resides or serves as a nursing home
 2286  administrator or assisted living facility administrator. The
 2287  licensee against whom the petition is filed shall not be named
 2288  or identified by initials in any public court records or
 2289  documents, and the proceedings shall be closed to the public.
 2290  The department shall be entitled to the summary procedure
 2291  provided in s. 51.011. A licensee affected under this paragraph
 2292  shall have the opportunity, at reasonable intervals, to
 2293  demonstrate that he or she can resume the competent practice of
 2294  nursing home administration or assisted living facility
 2295  administration with reasonable skill and safety to patients.
 2296         (m) Willfully or repeatedly violating any of the provisions
 2297  of the law, code, or rules of the licensing or supervising
 2298  authority or agency of the state or political subdivision
 2299  thereof having jurisdiction of the operation and licensing of
 2300  nursing homes or assisted living facilities.
 2301         (n) Paying, giving, causing to be paid or given, or
 2302  offering to pay or to give to any person a commission or other
 2303  valuable consideration for the solicitation or procurement,
 2304  either directly or indirectly, of nursing home usage or assisted
 2305  living facility usage, except as specifically authorized by law.
 2306         (o) Willfully permitting unauthorized disclosure of
 2307  information relating to a patient or his or her records.
 2308         (p) Discriminating with respect to patients, residents,
 2309  employees, or staff on account of race, religion, color, sex, or
 2310  national origin.
 2311         (q) Failing to implement an ongoing quality assurance
 2312  program by a nursing home administrator which is directed by an
 2313  interdisciplinary team that meets at least every other month.
 2314         (r) Violating any provision of this chapter or chapter 456,
 2315  or any rules adopted pursuant thereto.
 2316         (2) The board may enter an order denying nursing home
 2317  administrator licensure, assisted living facility administrator
 2318  licensure, or imposing any of the penalties in s. 456.072(2)
 2319  against any applicant for licensure or licensee who:
 2320         (a) Is found guilty of violating any provision of
 2321  subsection (1) of this section or who is found guilty of
 2322  violating any provision of s. 456.072(1).
 2323         (b) Has a controlling interest in or knowingly participates
 2324  in one or more violations at an assisted living facility or
 2325  nursing home which results in denial or revocation of an
 2326  assisted living facility license or nursing home license.
 2327         (c) Has a controlling interest in or knowingly operates an
 2328  unlicensed assisted living facility.
 2329         (3) The board may deny or revoke the application for
 2330  licensure or the license of an assisted living facility
 2331  administrator if the licensee or applicant knowingly
 2332  participated in intentional misconduct, engaged in conduct that
 2333  constitutes gross negligence, or was the administrator of record
 2334  when the facility was cited for violations within the previous 3
 2335  years that resulted in a resident’s death or which contributed
 2336  to the death of a resident.
 2337         (4)(3) The department shall reissue the license of a
 2338  disciplined licensee upon certification by the board that the
 2339  disciplined licensee has complied with all of the terms and
 2340  conditions set forth in the final order.
 2341         Section 39. Section 468.1756, Florida Statutes, is amended
 2342  to read:
 2343         468.1756 Statute of limitations.—An administrative
 2344  complaint may only be filed pursuant to s. 456.073 for an act
 2345  listed in s. 468.1755 s. 468.1755(1)(c)-(q) within 4 years after
 2346  from the time of the incident giving rise to the complaint, or
 2347  within 4 years after from the time the incident is discovered or
 2348  should have been discovered.
 2349         Section 40. Assisted living facility streamlining task
 2350  force.—
 2351         (1) The Agency for Health Care Administration shall create
 2352  a task force consisting of at least one representative of the
 2353  agency, the Department of Elderly Affairs, the Department of
 2354  Children and Family Services, the Department of Health, and the
 2355  Office of State Long-Term Care Ombudsman.
 2356         (2) The purpose of the task force is to determine whether
 2357  agencies currently have overlapping regulatory responsibilities
 2358  over assisted living facilities and whether increased efficiency
 2359  and effectiveness may be realized by transferring,
 2360  consolidating, eliminating, or modifying such oversight between
 2361  agencies.
 2362         (3) The task force shall meet at least three times and
 2363  submit a report to the Governor, the President of the Senate,
 2364  and the Speaker of the House of Representatives by January 1,
 2365  2013, which includes the task force’s findings and
 2366  recommendations pertaining to streamlining agency oversight and
 2367  improving the effectiveness of regulatory functions.
 2368         (4) The task force is terminated effective March 1, 2013.
 2369         Section 41. For fiscal year 2012-2013:
 2370         (1)Six full-time equivalent positions, with associated
 2371  salary rate of 243,720, are authorized and the sum of $375,000
 2372  in recurring funds from the Health Care Trust Fund of the Agency
 2373  for Health Care Administration are appropriated to the Agency
 2374  for Health Care Administration;
 2375         (2)One full-time equivalent position, with associated
 2376  salary rate of 40,620 is authorized and the sum of $62,500 in
 2377  recurring funds from the Medical Quality Assistance Trust Fund
 2378  of the Department of Health; and
 2379         (3)One full-time equivalent position, with associated
 2380  salary rate of 40,620 is authorized and the sum of $62,500 in
 2381  recurring funds from the Operations and Maintenance Trust Fund
 2382  of the Department of Elderly Affairs are appropriated to the
 2383  Department of Elderly Affairs
 2384  
 2385  for the purpose of carrying out the regulatory activities
 2386  provided in this act.
 2387         Section 42. Except as otherwise expressly provided in this
 2388  act, this act shall take effect July 1, 2012.
 2389  
 2390  ================= T I T L E  A M E N D M E N T ================
 2391         And the title is amended as follows:
 2392         Delete everything before the enacting clause
 2393  and insert:
 2394                        A bill to be entitled                      
 2395  
 2396         An act relating to quality improvement initiates for
 2397         entities regulated by the Agency for Health Care
 2398         Administration; amending s. 394.4574, F.S.; revising
 2399         the duties of the case manager for, and requirements
 2400         relating to the cooperative agreement and the
 2401         community living support plan of, a mental health
 2402         resident of an assisted living facility; amending s.
 2403         395.002, F.S.; revising the definition of the term
 2404         “accrediting organization” as it relates to hospital
 2405         licensing and regulation; amending s. 395.1051, F.S.;
 2406         requiring that hospital provide notice to obstetrical
 2407         physicians before the hospital closes on an obstetrics
 2408         department or ceases to provide obstetrical services;
 2409         amending s. 400.0078, F.S.; requiring that residents
 2410         of long-term care facilities be informed about the
 2411         confidentiality of the identity of the complainant of
 2412         a complaint received by the State Long-Term Care
 2413         Ombudsman Program; amending s. 408.05, F.S.; requiring
 2414         that the Agency for Health Care Administration
 2415         collect, compile, and analyze health information and
 2416         statistics; providing uses for the information;
 2417         conforming provisions to changes made by the act;
 2418         revising functions of the agency; amending s. 409.212,
 2419         F.S.; increasing a limitation on additional
 2420         supplementation a person may receive from third
 2421         parties that contribute to his or her cost of care;
 2422         creating s. 409.986, F.S.; providing definitions;
 2423         directing the agency to establish and implement
 2424         methodologies to adjust Medicaid rates for hospitals,
 2425         nursing homes, and managed care plans; providing
 2426         criteria for and limits on the amount of Medicaid
 2427         payment rate adjustments; directing the agency to seek
 2428         federal approval to implement a performance payment
 2429         system; providing for implementation of the system in
 2430         the 2015-2016 fiscal year; authorizing the agency to
 2431         appoint a technical advisory panel; providing
 2432         applicability of the performance payment system to
 2433         general hospitals, skilled nursing facilities, and
 2434         managed care plans and providing criteria therefor;
 2435         amending s. 415.1034, F.S.; adding certain employees
 2436         or agents of a state or local agency to the list of
 2437         persons who must report the known or suspected abuse
 2438         of a vulnerable adult to the abuse hotline; amending
 2439         s. 429.02, F.S.; providing definitions for “board” and
 2440         “mental health surveyor”; amending s. 429.07, F.S.;
 2441         prohibiting an assisted living facility from operating
 2442         unless the facility is under the management of an
 2443         assisted living facility administrator; authorizing
 2444         the waiver of certain monitoring requirements under
 2445         certain conditions; amending s. 429.075, F.S.;
 2446         revising the criteria preventing a licensed facility
 2447         from receiving a limited mental health license;
 2448         requiring that a mental health surveyor be part of the
 2449         team inspecting a facility that has mental health
 2450         residents; providing the role of the mental health
 2451         surveyor; requiring that the Agency for Health Care
 2452         Administration enter into an interagency agreement
 2453         with the Department of Children and Family Services to
 2454         receive certain reports; providing for monitoring
 2455         visits; creating s. 429.0751, F.S.; specifying
 2456         responsibilities of assisted living facilities that
 2457         have one or more mental health residents; amending s.
 2458         429.14, F.S.; revising the conditions for mandatory
 2459         license denial or revocation; requiring the revocation
 2460         of a facility license for certain violations that
 2461         result in the death of a resident; amending s.
 2462         429.176, F.S.; authorizing one administrator for
 2463         multiple facilities under certain conditions;
 2464         authorizing qualified facility managers during the
 2465         temporary absence of an administrator; amending s.
 2466         429.178, F.S.; revising training requirements for
 2467         staff who provide care for persons who have
 2468         Alzheimer’s disease and related disorders; amending s.
 2469         429.19, F.S.; authorizing the Agency for Health Care
 2470         Administration to impose certain citations and fines
 2471         regardless of correction of a violation, an increased
 2472         fine for certain violations that result in the death
 2473         of a resident, and doubled fines; amending s. 429.195,
 2474         F.S.; prohibiting an assisted living facility from
 2475         contracting or promising to pay or receive certain
 2476         monies with a person, health care provider, or health
 2477         care facility; providing for nonapplication; amending
 2478         s. 817.505, F.S.; providing that it is not patient
 2479         brokering for an assisted living facility to offer
 2480         payment under certain circumstances; creating s.
 2481         429.231, F.S.; creating an advisory council to review
 2482         unexpected deaths and elopements; providing for
 2483         membership and duties; amending s. 429.28, F.S.;
 2484         authorizing a resident to file a grievance with a
 2485         facility when a notice of relocation or termination of
 2486         residency has been received; requiring residents of
 2487         facilities to be informed about the confidentiality of
 2488         the identity of the resident and complainant of a
 2489         complaint made to the State Long-Term Care Ombudsman
 2490         Program unless the resident authorizes disclosure;
 2491         creating s. 429.281, F.S.; establishing procedures for
 2492         a resident grievance process upon notification of
 2493         resident relocation or termination of residency;
 2494         amending s. 429.34, F.S.; requiring that the agency
 2495         conduct unannounced inspections of assisted living
 2496         facilities; authorizing the agency to assess a fee for
 2497         additional inspections; requiring that the agency
 2498         verify corrected violations through subsequent
 2499         inspections; authorizing the agency to verify the
 2500         correction of certain violations unrelated to resident
 2501         rights or resident care without inspection under
 2502         certain circumstances; providing that the agency is
 2503         designated as the central agency for tracking facility
 2504         complaints; specifying timeframes for other state
 2505         agencies to submit reports to the agency; requiring
 2506         the agency to have lead surveyors who specialize in
 2507         assessing facilities; amending s. 429.41, F.S.;
 2508         requiring the agency to observe the elopement drills
 2509         of a randomly selected group of facilities; requiring
 2510         the agency to conduct an abbreviated biennial
 2511         licensure inspection; amending s. 429.49, F.S.;
 2512         increasing the criminal penalty for altering facility
 2513         records; creating s. 429.515, F.S.; requiring new
 2514         facility employees to attend a preservice orientation;
 2515         providing requirements for such orientation; amending
 2516         s. 429.52, F.S.; revising training, examination, and
 2517         continuing education requirements for facility staff,
 2518         including administrators; providing for the use of
 2519         interactive online tutorials; requiring the Department
 2520         of Elderly Affairs to develop training, examinations,
 2521         and tutorials; creating s. 429.522, F.S.; requiring
 2522         training providers to be certified by the Department
 2523         of Elderly Affairs and provide trainer oversight;
 2524         providing trainer requirements; requiring the
 2525         department to maintain an electronic database of
 2526         certified providers and persons who complete training
 2527         if funding is available; amending s. 429.54, F.S.;
 2528         requiring specified state agencies to have an
 2529         electronic system of communication pertaining to the
 2530         regulation of facilities; requiring facilities to
 2531         submit certain facility and resident information
 2532         electronically to the agency twice yearly; providing
 2533         for the maintenance and use of such information;
 2534         providing for expiration of this requirement;
 2535         providing a directive to the Division of Statutory
 2536         Revision; amending s. 468.1635, F.S.; revising the
 2537         purpose of part II of ch. 468, F.S., to include
 2538         assisted living administrators; amending s. 468.1645,
 2539         F.S.; requiring assisted living facilities to be
 2540         operated under the management of a licensed
 2541         administrator; amending s. 468.1655, F.S.; revising
 2542         and providing definitions; amending s. 468.1665, F.S.;
 2543         renaming the Board of Nursing Home Administrators as
 2544         the “Board of Long-Term Care Administrators”;
 2545         providing for membership; prohibiting certain
 2546         conflicts of interest with respect to board members;
 2547         amending s. 468.1685, F.S.; revising duties of the
 2548         board to include contracting with third-party
 2549         credentialing entities for the purpose of certifying
 2550         an assisted living facility administrator; amending s.
 2551         468.1695, F.S.; providing for licensure of assisted
 2552         living facility administrators through certification;
 2553         providing licensure requirements; establishing a
 2554         maximum fee; amending s. 468.1705, F.S., relating to
 2555         licensure by endorsement; conforming provisions to
 2556         changes made by the act; amending s. 468.1745, F.S.;
 2557         providing requirements for who must be licensed as an
 2558         assisted living facility administrator; amending s.
 2559         468.1755, F.S.; conforming provisions to changes made
 2560         by the act; providing grounds for disciplinary action
 2561         for assisted living facility administrators; amending
 2562         s. 468.1756, F.S.; conforming provisions to changes
 2563         made by the act; providing effective dates.