House Bill 3089e1
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                            CS/HBs 3089 & 171, First Engrossed/ntc
  1                      A bill to be entitled
  2         An act relating to nursing facilities; amending
  3         s. 400.121, F.S.; providing procedure for
  4         administrative hearings on certain actions to
  5         deny, suspend, or revoke a nursing facility's
  6         license; creating s. 400.215, F.S.; requiring
  7         background screening for certain nursing
  8         facility employees; providing requirements for
  9         employers and employees; authorizing
10         conditional status for certain employees;
11         requiring the Agency for Health Care
12         Administration to establish and maintain a
13         database and provide certain information;
14         providing for screening fees; providing for
15         exemptions from disqualification; providing an
16         exemption from rescreening for certain persons;
17         providing for certain sharing of screening
18         information among employers; providing for
19         adoption of rules; specifying dates and
20         conditions for compliance by employees and new
21         applicants; repealing s. 400.211(5), F.S.,
22         relating to screening requirements for
23         certified nursing assistants; providing an
24         effective date.
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26  Be It Enacted by the Legislature of the State of Florida:
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28         Section 1.  Subsection (5) is added to section 400.121,
29  Florida Statutes, to read:
30         400.121  Denial, suspension, revocation of license;
31  moratorium on admissions; administrative fines; procedure.--
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                            CS/HBs 3089 & 171, First Engrossed/ntc
  1         (5)  An action taken by the agency to deny, suspend, or
  2  revoke a facility's license under this part, in which the
  3  agency claims that the facility owner or an employee of the
  4  facility has threatened the health, safety, or welfare of a
  5  resident of the facility, shall be heard by the Division of
  6  Administrative Hearings of the Department of Management
  7  Services within 120 days after receipt of the facility's
  8  request for a hearing, unless the time limitation is waived by
  9  both parties.  The administrative law judge must render a
10  decision within 30 days after receipt of a proposed
11  recommended order.  This subsection does not modify the
12  requirement that an administrative hearing be held within 90
13  days after a license is suspended under paragraph (4)(b).
14         Section 2.  Section 400.215, Florida Statutes, is
15  created to read:
16         400.215  Personnel screening requirement.--
17         (1)  The agency shall require background screening as
18  provided in chapter 435 for all employees or prospective
19  employees of facilities licensed under part II who are
20  expected to, or whose responsibilities may require them to:
21         (a)  Provide personal care or services to residents;
22         (b)  Have access to resident living areas; or
23         (c)  Have access to resident funds or other personal
24  property.
25         (2)  Employers and employees shall comply with the
26  requirements of s. 435.05.
27         (a)  Notwithstanding the provisions of s. 435.05(1),
28  facilities must have in their possession evidence that level 1
29  screening has been completed before allowing an employee to
30  begin working with patients as provided in subsection (1). All
31  information necessary for conducting background screening
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                            CS/HBs 3089 & 171, First Engrossed/ntc
  1  using level 1 standards as specified in s. 435.03(1) and for
  2  conducting a search of the central abuse registry and tracking
  3  system as specified in s. 435.03(3)(a) shall be submitted by
  4  the nursing facility to the agency. Results of the background
  5  screening and the abuse registry check shall be provided by
  6  the agency to the requesting nursing facility.
  7         (b)  Employees qualified under the provisions of
  8  paragraph (a) who have not maintained continuous residency
  9  within the state for the 5 years immediately preceding the
10  date of request for background screening must complete level 2
11  screening, as provided in chapter 435. Such employees may work
12  in a conditional status up to 180 days pending the receipt of
13  written findings evidencing the completion of level 2
14  screening. Level 2 screening shall not be required of
15  employees or prospective employees who attest in writing under
16  penalty of perjury that they meet the residency requirement.
17  Completion of level 2 screening shall require the employee or
18  prospective employee to furnish to the nursing facility a full
19  set of fingerprints to enable a criminal background
20  investigation to be conducted. The nursing facility shall
21  submit the completed fingerprint card to the agency. The
22  agency shall establish a record of the request in the database
23  provided for in paragraph (c) and forward the request to the
24  Department of Law Enforcement, which is authorized to submit
25  the fingerprints to the Federal Bureau of Investigation for a
26  national criminal history records check. The results of the
27  national criminal history records check shall be returned to
28  the agency, which shall maintain the results in the database
29  provided for in paragraph (c). The agency shall notify the
30  administrator of the requesting nursing facility or the
31  administrator of any other facility licensed under chapter
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                            CS/HBs 3089 & 171, First Engrossed/ntc
  1  393, chapter 394, chapter 395, chapter 397, or this chapter,
  2  as requested by such facility, as to whether or not the
  3  employee has qualified under level 1 or level 2 screening. An
  4  employee or prospective employee who has qualified under level
  5  2 screening and has maintained such continuous residency
  6  within the state shall not be required to complete a
  7  subsequent level 2 screening as a condition of employment at
  8  another facility.
  9         (c)  The agency shall establish and maintain a database
10  of background screening information which shall include the
11  results of both level 1 and level 2 screening and central
12  abuse registry and tracking system checks. The Department of
13  Law Enforcement shall timely provide to the agency,
14  electronically, the results of each statewide screening for
15  incorporation into the database. The Department of Children
16  and Family Services shall provide the agency with electronic
17  access to the central abuse registry and tracking system. The
18  agency shall search the registry to identify any confirmed
19  report and shall access such report for incorporation into the
20  database. The agency shall, upon request from any facility,
21  agency, or program required by or authorized by law to screen
22  its employees or applicants, notify the administrator of the
23  facility, agency, or program of the qualifying or
24  disqualifying status of the employee or applicant named in the
25  request.
26         (d)  Applicants and employees shall be excluded from
27  employment pursuant to s. 435.06.
28         (3)  The applicant is responsible for paying the fees
29  associated with obtaining the required screening.  Payment for
30  the screening and the abuse registry check shall be submitted
31  to the agency. The agency shall establish a schedule of fees
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                            CS/HBs 3089 & 171, First Engrossed/ntc
  1  to cover the costs of level 1 and level 2 screening and the
  2  abuse registry check. Facilities may reimburse employees for
  3  these costs. The agency shall, as allowable, reimburse nursing
  4  facilities for the cost of conducting background screening as
  5  required by this section.  This reimbursement will not be
  6  subject to any rate ceilings or payment targets in the
  7  Medicaid Reimbursement plan.
  8         (4)(a)  As provided in s. 435.07, the agency may grant
  9  an exemption from disqualification to an employee or
10  prospective employee who is subject to this section and who
11  has not received a professional license or certification from
12  the Department of Health.
13         (b)  As provided in s. 435.07, the Department of Health
14  may grant an exemption from disqualification to an employee or
15  prospective employee who is subject to this section and who
16  has received a professional license or certification from the
17  Department of Health.
18         (5)  Any provision of law to the contrary
19  notwithstanding, persons who have been screened and qualified
20  as required by this section and who have not been unemployed
21  for more than 180 days thereafter, and who under penalty of
22  perjury attest to not having been convicted of a disqualifying
23  offense since the completion of such screening, shall not be
24  required to be rescreened. An employer may obtain, pursuant to
25  s. 435.10, written verification of qualifying screening
26  results from the previous employer or other entity which
27  caused such screening to be performed.
28         (6)  The agency and the Department of Health shall have
29  authority to adopt rules pursuant to the Administrative
30  Procedures Act to implement this section.
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                            CS/HBs 3089 & 171, First Engrossed/ntc
  1         (7)  All employees shall comply with the requirements
  2  of this section by October 1, 1998. No current employee of a
  3  nursing facility as of the effective date of this act shall be
  4  required to submit to rescreening if the nursing facility has
  5  in its possession written evidence that the person has been
  6  screened and qualified according to level 1 standards as
  7  specified in s. 435.03(1). Any current employee who meets the
  8  level 1 requirement but does not meet the 5-year residency
  9  requirement as specified in this section must provide to the
10  employing nursing facility written attestation under penalty
11  of perjury that the employee has not been convicted of a
12  disqualifying offense in another state or jurisdiction. All
13  applicants hired on or after October 1, 1998, shall comply
14  with the requirements of this section.
15         (8)  There is no monetary or unemployment liability on
16  the part of, and no cause of action for damages arising
17  against an employer that, upon notice of a disqualifying
18  offense listed under chapter 435 or a confirmed report of
19  abuse, neglect, or exploitation or an act of domestic
20  violence, terminates the employee against whom the report was
21  issued, whether or not the employee has filed for an exemption
22  with the Department of Health or the Agency for Health Care
23  Administration.
24         Section 3.  Subsection (5) of section 400.211, Florida
25  Statutes, is repealed.
26         Section 4.  This act shall take effect on July 1 of the
27  year in which enacted.
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