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| 1 | CHAMBER ACTION | ||
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| 6 | The Committee on Future of Florida's Families recommends the | ||
| 7 | following: | ||
| 8 | |||
| 9 | Committee Substitute | ||
| 10 | Remove the entire bill and insert: | ||
| 11 | A bill to be entitled | ||
| 12 | An act relating to nursing home facilities; providing that | ||
| 13 | the Agency for Health Care Administration require nursing | ||
| 14 | homes to provide wage or benefit increases for certain | ||
| 15 | staff members; providing for computation of such | ||
| 16 | increases; providing exclusions; providing for monitoring | ||
| 17 | by the agency; providing exemptions; providing an | ||
| 18 | effective date. | ||
| 19 | |||
| 20 | Be It Enacted by the Legislature of the State of Florida: | ||
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| 22 | Section 1. (1) The Agency for Health Care | ||
| 23 | Administration shall require that all nursing homes increase | ||
| 24 | wages or benefits, or a combination thereof, excluding bonuses, | ||
| 25 | by an amount computed by multiplying $1 by each hour worked by | ||
| 26 | all hourly staff. The provisions of this subsection do not | ||
| 27 | include those individuals specified in ss. 400.071(2)(b) and (d) | ||
| 28 | and 400.141(1)-(4), Florida Statutes. The hours worked by hourly | ||
| 29 | staff shall include hours worked by leased or similarly arranged | ||
| 30 | staff who provide the majority of hours worked at the facility. | ||
| 31 | The hours shall not include agency, temporary, pool, contracted, | ||
| 32 | or home office staff that are not regularly scheduled at the | ||
| 33 | facility. | ||
| 34 | (2) The wage or benefit funds may be used to provide new | ||
| 35 | or improved benefits or to defray the costs to employees of | ||
| 36 | benefits, such as lower premiums for health insurance. Funds may | ||
| 37 | not be used to defray the increased costs to facilities of | ||
| 38 | existing benefits, such as premium increases paid by facilities | ||
| 39 | for health insurance. | ||
| 40 | (3) The increase in wages or benefits, or a combination | ||
| 41 | thereof, shall be considered an allowable cost for Medicaid cost | ||
| 42 | report purposes, but shall not be subject to the interim rate | ||
| 43 | provisions of the Title XIX Long-Term Care Reimbursement Plan. | ||
| 44 | (4) The agency shall develop systems for the application | ||
| 45 | and monitoring of the wage or benefit funds. The increase in | ||
| 46 | wages or benefits, or a combination thereof, shall be computed | ||
| 47 | by comparing the total of these wages and benefits to the total | ||
| 48 | wages and benefits paid during the period of July 1, 2002, | ||
| 49 | through June 30, 2003. The agency shall monitor future | ||
| 50 | compliance with this provision by a reconciliation of benefits | ||
| 51 | schedule to be submitted with all Medicaid cost reports ending | ||
| 52 | on or after July 31, 2003. | ||
| 53 | (5) Nursing homes which, as of the effective date of this | ||
| 54 | act, offer to all staff members health insurance benefits that | ||
| 55 | cover employees and dependents with an employer contribution of | ||
| 56 | at least 80 percent of the total premium costs shall be exempt | ||
| 57 | from the provisions of this act. To qualify for this exemption, | ||
| 58 | nursing homes must continue to provide health insurance plans | ||
| 59 | that are substantially similar to the coverage in place on the | ||
| 60 | effective date of this act. | ||
| 61 | (6) The increase in wages or benefits, or a combination | ||
| 62 | thereof, shall become effective July 1, 2003, and shall not be | ||
| 63 | rescinded at any time by the nursing home operator, a future | ||
| 64 | operator, a management company, or a staff leasing entity. This | ||
| 65 | section does not require wage or benefit increases in addition | ||
| 66 | to those that take effect on July 1, 2003. | ||
| 67 | Section 2. This act shall take effect July 1, 2003. | ||
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