Senate Bill sb2192

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    Florida Senate - 2001                                  SB 2192

    By Senator Holzendorf





    2-729-01

  1                      A bill to be entitled

  2         An act relating to nursing homes; amending s.

  3         400.23, F.S.; requiring rules providing

  4         staffing requirements for nursing homes;

  5         providing minimum ratios of certified nursing

  6         assistants to residents; providing

  7         applicability of requirements; requiring that

  8         certain information be posted in each facility;

  9         amending s. 400.063, F.S.; conforming a

10         cross-reference; providing an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsection (3) of section 400.23, Florida

15  Statutes, is amended to read:

16         400.23  Rules; evaluation and deficiencies; licensure

17  status.--

18         (3)(a)  The agency shall adopt rules providing for the

19  minimum staffing requirements for nursing homes. These

20  requirements shall include, for each nursing home facility, a

21  minimum certified nursing assistant staffing and a minimum

22  licensed nursing staffing per resident per day, including

23  evening and night shifts and weekends. The facility shall

24  maintain a minimum ratio of certified nursing assistants to

25  residents of not less than one certified nursing assistant for

26  every five residents, during the day shift; one certified

27  nursing assistant for every six residents, during the

28  afternoon shift; and one certified nursing assistant for every

29  eight residents, during the midnight shift.

30         (b)  Agency rules shall specify requirements for

31  documentation of compliance with staffing standards, sanctions

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    Florida Senate - 2001                                  SB 2192
    2-729-01




  1  for violation of such standards, and requirements for daily

  2  posting of the names of staff on duty for the benefit of

  3  facility residents and the public. The agency shall recognize

  4  the use of licensed nurses for compliance with minimum

  5  staffing requirements for certified nursing assistants,

  6  provided that the facility otherwise meets the minimum

  7  staffing requirements for licensed nurses and that the

  8  licensed nurses so recognized are performing the duties of a

  9  certified nursing assistant. Unless otherwise approved by the

10  agency, licensed nurses counted towards the minimum staffing

11  requirements for certified nursing assistants must exclusively

12  perform the duties of a certified nursing assistant for the

13  entire shift and shall not also be counted towards the minimum

14  staffing requirements for licensed nurses. If the agency

15  approved a facility's request to use a licensed nurse to

16  perform both licensed nursing and certified nursing assistant

17  duties, the facility must allocate the amount of staff time

18  specifically spent on certified nursing assistant duties for

19  the purpose of documenting compliance with minimum staffing

20  requirements for certified and licensed nursing staff. In no

21  event may the hours of a licensed nurse with dual job

22  responsibilities be counted twice.

23         (c)(b)  The agency shall adopt rules to allow properly

24  trained staff of a nursing facility, in addition to certified

25  nursing assistants and licensed nurses, to assist residents

26  with eating. The rules shall specify the minimum training

27  requirements and shall specify the physiological conditions or

28  disorders of residents which would necessitate that the eating

29  assistance be provided by nursing personnel of the facility.

30  Nonnursing staff providing eating assistance to residents

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    Florida Senate - 2001                                  SB 2192
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  1  under the provisions of this subsection shall not count

  2  towards compliance with minimum staffing standards.

  3         (d)  An employee who is designated as a member of the

  4  nursing staff may not provide services such as food

  5  preparation, housekeeping, laundry, or maintenance services. A

  6  person who is employed to provide such services as food

  7  preparation, housekeeping, laundry, or maintenance services

  8  may not provide nursing care to residents and may not be

  9  counted in determining the ratios of residents to nursing

10  staff.

11         (e)  The staffing requirements provided in paragraphs

12  (a)-(d) apply to all nursing home residents, including

13  respite-care residents, and must be adjusted upward to meet

14  any special care needs of residents. Staffing assignments must

15  be based on accurate acuity levels and the intensity and time

16  needed to provide safe, preventive, and restorative care. The

17  staffing requirements provided in paragraphs (a)-(d) must be

18  enforced for all residents, regardless of payment source. No

19  ongoing waivers are allowed.

20         (f)  The facility shall post the current ratios of

21  residents to staff for each wing and floor of the facility and

22  for each shift. The posted ratios must show separately the

23  ratio of residents to licensed nursing staff and the ratio of

24  residents to unlicensed nursing staff directly responsible for

25  resident care. In addition, such information must be posted

26  for the most recently concluded cost-reporting period in the

27  form of average daily staffing ratios for that period. This

28  information must be posted in each facility in a manner that

29  is visible and accessible to all residents and their families

30  and caregivers and to potential consumers of the facility's

31  services.

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    Florida Senate - 2001                                  SB 2192
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  1         (g)(c)  Licensed practical nurses licensed under

  2  chapter 464 who are providing nursing services in nursing home

  3  facilities under this part may supervise the activities of

  4  other licensed practical nurses, certified nursing assistants,

  5  and other unlicensed personnel providing services in such

  6  facilities in accordance with rules adopted by the Board of

  7  Nursing.

  8         Section 2.  Subsection (1) of section 400.063, Florida

  9  Statutes, is amended to read:

10         400.063  Resident Protection Trust Fund.--

11         (1)  A Resident Protection Trust Fund shall be

12  established for the purpose of collecting and disbursing funds

13  generated from the license fees and administrative fines as

14  provided for in ss. 393.0673(2), 400.062(3)(b), 400.111(1),

15  400.121(2), and 400.23(9) 400.23(8).  Such funds shall be for

16  the sole purpose of paying for the appropriate alternate

17  placement, care, and treatment of residents who are removed

18  from a facility licensed under this part or a facility

19  specified in s. 393.0678(1) in which the agency determines

20  that existing conditions or practices constitute an immediate

21  danger to the health, safety, or security of the residents.

22  If the agency determines that it is in the best interest of

23  the health, safety, or security of the residents to provide

24  for an orderly removal of the residents from the facility, the

25  agency may utilize such funds to maintain and care for the

26  residents in the facility pending removal and alternative

27  placement.  The maintenance and care of the residents shall be

28  under the direction and control of a receiver appointed

29  pursuant to s. 393.0678(1) or s. 400.126(1).  However, funds

30  may be expended in an emergency upon a filing of a petition

31  for a receiver, upon the declaration of a state of local

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  1  emergency pursuant to s. 252.38(3)(a)5., or upon a duly

  2  authorized local order of evacuation of a facility by

  3  emergency personnel to protect the health and safety of the

  4  residents.

  5         Section 3.  This act shall take effect October 1, 2001.

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  8                          SENATE SUMMARY

  9    Directs the Agency for Health Care Administration to
      adopt rules that prescribe staffing requirements for
10    nursing homes, including minimum requirements for the
      ratio of certified nursing assistants to residents.
11    Provides for the determination of such ratios and their
      application to all residents. Requires the posting of
12    information on such ratios in each facility, in specified
      places and in a visible and accessible manner.
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