Florida Senate - 2018                                    SB 1596
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00551B-18                                          20181596__
    1                        A bill to be entitled                      
    2         An act relating to nursing home facilities; amending
    3         s. 400.0238, F.S.; revising the division of an award
    4         of punitive damages between a claimant and the Quality
    5         of Long-Term Care Facility Improvement Trust Fund;
    6         revising provisions related to punitive damages to
    7         include provisions for cases that are settled;
    8         amending s. 400.0239, F.S.; authorizing the trust fund
    9         to expend certain funds on a grant program
   10         administered by the Agency for Health Care
   11         Administration to provide funding to reimburse nursing
   12         home facilities for the cost of purchasing,
   13         installing, repairing, replenishing, or improving
   14         certain onsite operational generators and certain
   15         onsite supplies of fuel; creating s. 400.0627, F.S.;
   16         providing legislative intent; requiring the agency,
   17         within any funds appropriated for that purpose, to
   18         reimburse nursing home facilities for the cost of
   19         purchasing, installing, repairing, replenishing, or
   20         improving certain onsite operational generators and
   21         certain onsite supplies of fuel; providing eligibility
   22         criteria for such reimbursement; specifying that such
   23         reimbursement may not exceed the amount of
   24         appropriated funds and must be made on a first-come,
   25         first-served basis; providing construction;
   26         authorizing the agency to adopt rules; providing for
   27         the appropriation of general revenue and trust fund
   28         monies to the agency for the purpose of reimbursing
   29         eligible nursing home facilities as provided in the
   30         act, subject to legislative appropriation; providing
   31         an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (4) of section 400.0238, Florida
   36  Statutes, is amended to read:
   37         400.0238 Punitive damages; limitation.—
   38         (4) Notwithstanding any other law to the contrary, if a
   39  claimant has received a final judgment for the amount of
   40  punitive damages or there is a settlement of a case in which the
   41  claimant was granted leave to amend his or her complaint to add
   42  a claim for punitive damages, the punitive award must awarded
   43  pursuant to this section shall be equally divided between with
   44  the claimant receiving 40 percent of the award and the Quality
   45  of Long-Term Care Facility Improvement Trust Fund receiving 60
   46  percent of the award, in accordance with the following
   47  provisions:
   48         (a) In the event of a judgment, the clerk of the court
   49  shall transmit a copy of the jury verdict to the Chief Financial
   50  Officer by certified mail. In the final judgment, the court
   51  shall order the percentages of the award, payable as provided in
   52  this subsection. In the event of a settlement, the parties shall
   53  transmit by certified mail to the Chief Financial Officer a
   54  statement of the proportionate share due to the Quality of Long
   55  Term Care Facility Improvement Trust Fund herein.
   56         (b) A settlement agreement entered into between the
   57  original parties to the action after a verdict has been returned
   58  must provide a proportionate share payable to the Quality of
   59  Long-Term Care Facility Improvement Trust Fund specified herein.
   60  For purposes of this paragraph, a proportionate share is a 75
   61  percent 50-percent share of that percentage of the settlement
   62  amount which the punitive damages portion of the verdict bore to
   63  the total of the compensatory and punitive damages in the
   64  verdict.
   65         (c) The Department of Financial Services shall collect or
   66  cause to be collected all payments due the state under this
   67  section. Such payments are made to the Chief Financial Officer
   68  and deposited in the appropriate fund specified in this
   69  subsection.
   70         (d) If the full amount of punitive damages awarded cannot
   71  be collected, the claimant and the other recipient designated
   72  pursuant to this subsection are each entitled to a proportionate
   73  share of the punitive damages collected.
   74         Section 2. Paragraph (h) is added to subsection (2) of
   75  section 400.0239, Florida Statutes, to read:
   76         400.0239 Quality of Long-Term Care Facility Improvement
   77  Trust Fund.—
   78         (2) Expenditures from the trust fund shall be allowable for
   79  direct support of the following:
   80         (h) A grant program administered by the agency to provide
   81  funding to reimburse nursing home facilities for the cost of
   82  purchasing, installing, repairing, replenishing, or improving
   83  certain onsite operational generators and certain onsite
   84  supplies of fuel.
   85         Section 3. Section 400.0627, Florida Statutes, is created
   86  to read:
   87         400.0627Emergency power.—
   88         (1)It is the intent of the Legislature to encourage each
   89  nursing home facility in this state to have the necessary
   90  emergency power equipment to provide for the health and safety
   91  of its residents and residents of other facilities who may be
   92  temporarily placed in the facility due to emergency evacuations.
   93         (2)To the extent that funds are available, the agency
   94  shall reimburse an eligible nursing home facility for the costs
   95  of purchasing, installing, repairing, replenishing, or improving
   96  an onsite operational generator and an onsite supply of fuel
   97  sufficient to sustain the generator for at least 96 hours during
   98  a power outage. A nursing home facility is eligible for
   99  reimbursement if the facility meets all of the following
  100  requirements:
  101         (a)Has not been cited for a class I deficiency within the
  102  30 months before the submission of an application for
  103  reimbursement.
  104         (b)Is not located within a hurricane evacuation zone or
  105  the 100-year flood plain of the county in which it is located.
  106         (c)Has the capacity, as determined by the agency, to house
  107  evacuated residents from other facilities during an emergency.
  108         (d)Agrees to receive residents who are transferred from
  109  other facilities during an emergency.
  110         (3) Reimbursement to a facility under subsection (2) is
  111  available to the extent that funds are specifically appropriated
  112  for such reimbursements and must be made available on a first
  113  come, first-served basis.
  114         (4)This section may not be construed to impose any
  115  requirement on a nursing home facility.
  116         (5) The agency may adopt rules necessary to administer this
  117  section.
  118         Section 4. Subject to legislative appropriation for the
  119  2018-2019 fiscal year, nonrecurring funds from the General
  120  Revenue Fund, from the Quality of Long-Term Care Facility
  121  Improvement Trust Fund, and from the Medical Care Trust Fund
  122  shall be appropriated to the Agency for Health Care
  123  Administration for the purpose of reimbursing eligible nursing
  124  home facilities as provided in this act for costs incurred
  125  during the 2017-2018 fiscal year for purchasing, installing,
  126  repairing, replenishing, or improving emergency power equipment.
  127  Each provider’s Medicaid rate as of October 1, 2018, will be
  128  increased by the cost of the emergency power equipment incurred
  129  divided by 10 months of Medicaid days. Any rate caps or freezes
  130  do not apply to this increase in Medicaid rate.
  131         Section 5. This act shall take effect upon becoming a law.