Senate Bill sb1252
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 1252
By Senator Bennett
21-946-03
1 A bill to be entitled
2 An act relating to nursing homes; allowing
3 nursing homes to convert beds to alternative
4 uses as specified; providing restrictions on
5 uses of funding under assisted-living Medicaid
6 waivers; providing procedures; providing for
7 the applicability of certain fire and
8 life-safety codes; providing applicability of
9 certain laws; requiring a nursing home to
10 submit a request to the Agency for Health Care
11 Administration; providing conditions for
12 disapproving such a request; providing for
13 periodic review; providing for retention of
14 nursing-home licensure for converted beds;
15 providing for reconversion of the beds;
16 providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Alternative uses of nursing home beds;
21 funding limitations; applicable codes and requirements;
22 procedures; reconversion.--
23 (1) It is the intent of the Legislature to allow
24 nursing home facilities to use licensed nursing home facility
25 beds for alternative uses other than nursing home care for
26 extended periods of time exceeding 48 hours.
27 (2) A nursing home may use a contiguous portion of the
28 nursing home facility to meet the needs of the elderly through
29 the use of less restrictive and less institutional methods of
30 long-term care, including, but not limited to, adult day care,
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Florida Senate - 2003 SB 1252
21-946-03
1 assisted living, extended congregate care, or limited nursing
2 services as defined in section 400.402, Florida Statutes.
3 (3) Funding under assisted living Medicaid waivers for
4 nursing home facility beds that are used to provide extended
5 congregate care or limited nursing services under this section
6 may be provided only for residents who have resided in the
7 nursing home facility for a minimum of 90 consecutive days.
8 (4) Nursing home facility beds that are used in
9 providing alternative services may share common areas,
10 services, and staff with beds that are designated for nursing
11 home care. Fire codes and life safety codes applicable to
12 nursing home facilities also apply to beds used for
13 alternative purposes under this section. Any alternative use
14 must meet other requirements specified by law for that use.
15 (5) In order to take beds out of service for nursing
16 home care and use them to provide alternative services under
17 this section, a nursing home must submit a request for
18 approval to the Agency for Health Care Administration. The
19 agency shall approve the request unless it determines that
20 such action will adversely affect access to nursing home care
21 in the geographical area in which the nursing home is located.
22 The agency shall review the request for alternative use at
23 each annual license renewal.
24 (6) A nursing home facility that converts beds to an
25 alternative use under this section retains its license for all
26 of the nursing home facility beds and may return those beds to
27 nursing home operation upon notice to the agency.
28 Section 2. This act shall take effect July 1, 2003.
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Florida Senate - 2003 SB 1252
21-946-03
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2 SENATE SUMMARY
3 Allows nursing home facilities to convert beds to
alternative uses that meet the needs of the elderly for
4 other forms of long-term care. Provides restrictions on
using funds under assisted-living Medicaid waivers.
5 Allows beds used for alternative purposes to share common
areas, services, and staff with other beds in the nursing
6 home. Provides that fire codes and life-safety codes
apply to converted beds. Provides that laws applicable to
7 the respective alternative uses apply to the converted
beds. Requires the nursing home to apply to the Agency
8 for Health Care Administration for permission to convert.
Requires the agency to approve except in specified
9 circumstances. Provides for agency review of the
conversion. Provides that a nursing home facility that
10 converts some of its beds retains a nursing home license
for those beds and may return them to nursing-home
11 operation upon notice to the agency.
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CODING: Words stricken are deletions; words underlined are additions.