Senate Bill sb0484c1

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    Florida Senate - 2002                            CS for SB 484

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Silver




    317-1148A-02

  1                      A bill to be entitled

  2         An act relating to subacute pediatric

  3         transitional care; requiring the Agency for

  4         Health Care Administration to conduct a study

  5         of health care services provided to medically

  6         fragile or medical-technology-dependent

  7         children; requiring the Agency for Health Care

  8         Administration to conduct a pilot program for a

  9         subacute pediatric transitional care center;

10         requiring background screening of center

11         personnel; requiring the agency to amend the

12         Medicaid state plan and seek federal waivers as

13         necessary; requiring the center to have an

14         advisory board; providing for membership on the

15         advisory board; providing requirements for the

16         admission, transfer, and discharge of a child

17         to the center; requiring the agency to submit

18         certain reports to the Legislature; providing

19         an effective date.

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

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23         Section 1.  The Agency for Health Care Administration

24  shall conduct a study of health care services provided to the

25  medically fragile or medical-technology-dependent children in

26  the state and conduct a pilot program to provide subacute

27  pediatric transitional care to a maximum of 30 children at any

28  one time in an urban area of the state. The purposes of the

29  study and the pilot program are to determine ways to permit

30  medically fragile or medical-technology-dependent children to

31  successfully make a transition from acute care in a health

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    Florida Senate - 2002                            CS for SB 484
    317-1148A-02




  1  care institution to live with their families when possible,

  2  and to provide cost-effective, subacute transitional care

  3  services.

  4         Section 2.  The Agency for Health Care Administration,

  5  in cooperation with the Children's Medical Services Program in

  6  the Department of Health, shall conduct a study to identify

  7  the total number of medically fragile or

  8  medical-technology-dependent children, from birth through age

  9  21, in the state. By January 1, 2003, the agency must report

10  to the Legislature regarding the children's ages, the

11  locations where the children are served, the types of services

12  received, itemized costs of the services, and the sources of

13  funding that pay for the services, including the proportional

14  share when more than one funding source pays for a service.

15  The study must include information regarding medically fragile

16  or medical-technology-dependent children residing in

17  hospitals, nursing homes, and medical foster care, and those

18  who live with their parents. The study must describe children

19  served in prescribed pediatric extended-care centers,

20  including their ages and the services they receive. The report

21  must identify the total services provided for each child and

22  the method for paying for those services. The report must also

23  identify the number of such children who could, if appropriate

24  transitional services were available, return home or move to a

25  less-institutional setting.

26         Section 3.  (1)  Within 30 days after the effective

27  date of this act, the agency shall establish minimum staffing

28  standards and quality requirements for a subacute pediatric

29  transitional care center to be operated as a 2-year pilot

30  program in a large, urban area of the state. The pilot program

31  must operate under the license of a hospital licensed under

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    Florida Senate - 2002                            CS for SB 484
    317-1148A-02




  1  chapter 395, Florida Statutes, or a nursing home licensed

  2  under chapter 400, Florida Statutes, and shall use existing

  3  beds in the hospital or nursing home. A child's placement in

  4  the subacute pediatric transitional care center may not exceed

  5  90 days.

  6         (2)  Within 60 days after the effective date of this

  7  act, the agency must amend the state Medicaid plan and request

  8  any federal waivers necessary to implement and fund the pilot

  9  program.

10         (3)  The subacute pediatric transitional care center

11  must require level I background screening as provided in

12  chapter 435, Florida Statutes, for all employees or

13  prospective employees of the center who are expected to, or

14  whose responsibilities may require them to, provide personal

15  care or services to children, have access to children's living

16  areas, or have access to children's funds or personal

17  property.

18         Section 4.  (1)  The subacute pediatric transitional

19  care center must have an advisory board. Membership on the

20  advisory board must include, but need not be limited to:

21         (a)  A physician or an advanced registered nurse

22  practitioner who is familiar with services for medically

23  fragile or medical-technology-dependent children;

24         (b)  A registered nurse who has experience in the care

25  of medically fragile or medical-technology-dependent children;

26         (c)  A child development specialist who has experience

27  in the care of medically fragile or

28  medical-technology-dependent children and their families;

29         (d)  A social worker who has experience in the care of

30  medically fragile or medical-technology-dependent children and

31  their families; and

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    Florida Senate - 2002                            CS for SB 484
    317-1148A-02




  1         (e)  A consumer representative who is a parent or

  2  guardian of a child placed in the center.

  3         (2)  The advisory board shall:

  4         (a)  Review the policy and procedure components of the

  5  center to assure conformance with applicable standards

  6  developed by the Agency for Health Care Administration; and

  7         (b)  Provide consultation with respect to the

  8  operational and programmatic components of the center.

  9         Section 5.  (1)  The subacute pediatric transitional

10  care center must have written policies and procedures

11  governing the admission, transfer, and discharge of children.

12         (2)  The admission of each child to the center must be

13  under the supervision of the center nursing administrator or

14  his or her designee, and must be in accordance with the

15  center's policies and procedures.

16         (3)  Each child admitted to the center shall be

17  admitted upon prescription of a prescribing physician or

18  advanced registered nurse practitioner and the child shall

19  remain under the care of the licensed primary physician or

20  advanced registered nurse practitioner for the duration of his

21  or her stay in the center.

22         (4)  Each child admitted to the center must meet at

23  least the following criteria:

24         (a)  The child must be medically fragile or

25  medical-technology-dependent.

26         (b)  The child may not, prior to admission, present

27  significant risk of infection to other children or personnel.

28  The medical and nursing directors shall review, on a

29  case-by-case basis, the condition of any child who is

30  suspected of having an infectious disease to determine whether

31  admission is appropriate.

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    Florida Senate - 2002                            CS for SB 484
    317-1148A-02




  1         (c)  The child must be medically stabilized and require

  2  skilled nursing care or other interventions.

  3         (5)  If the child meets the criteria specified in

  4  paragraphs (4)(a), (b), and (c), the medical director or

  5  nursing director of the center shall implement a preadmission

  6  plan that delineates services to be provided and appropriate

  7  sources for such services.

  8         (a)  If the child is hospitalized at the time of

  9  referral, preadmission planning must include the participation

10  of the child's parent or guardian and relevant medical,

11  nursing, social services, and developmental staff to assure

12  that the hospital's discharge plans will be implemented

13  following the child's placement in the center.

14         (b)  A consent form, outlining the purpose of the

15  center, family responsibilities, authorized treatment,

16  appropriate release of liability, and emergency disposition

17  plans, must be signed by the parent or guardian and witnessed

18  before the child is admitted to the center. The parent or

19  guardian shall be provided a copy of the consent form.

20         Section 6.  By January 1, 2003, the Agency for Health

21  Care Administration shall report to the Legislature concerning

22  the progress of the pilot program. By January 1, 2004, the

23  agency shall submit to the Legislature a report on the success

24  of the pilot program.

25         Section 7.  This act shall take effect October 1, 2002.

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    Florida Senate - 2002                            CS for SB 484
    317-1148A-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 484

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  4  The committee substitute does not create a new form of
    licensure for subacute pediatric prescribed extended
  5  alternative care centers, but rather requires the Agency for
    Health Care Administration to conduct a study of medically
  6  fragile and medical-technology-dependent children in the state
    and to conduct a pilot program for a subacute pediatric
  7  transitional care center.

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