Senate Bill sb0296c1

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    Florida Senate - 2003                            CS for SB 296

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




    317-1837-03

  1                      A bill to be entitled

  2         An act relating to retirement communities;

  3         amending s. 400.235, F.S., relating to the Gold

  4         Seal Program; amending standards for evidence

  5         of financial soundness and stability of certain

  6         nursing home facilities; amending s. 400.141,

  7         F.S.; amending prerequisites that certain

  8         nursing homes must fulfill to qualify for

  9         sharing programming and staff with other

10         entities that are part of a retirement

11         community; amending ss. 651.081, 651.085, F.S.;

12         providing for the establishment of a residents'

13         organization; providing for the purposes of

14         such an organization; requiring notice of a

15         meeting or ballot election to select a

16         designated representative to represent a

17         residents' organization before the governing

18         body of a continuing care provider; providing

19         an effective date.

20

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

22

23         Section 1.  Paragraph (b) of subsection (5) of section

24  400.235, Florida Statutes, is amended to read:

25         400.235  Nursing home quality and licensure status;

26  Gold Seal Program.--

27         (5)  Facilities must meet the following additional

28  criteria for recognition as a Gold Seal Program facility:

29         (b)  Evidence financial soundness and stability

30  according to standards adopted by the agency in administrative

31  rule. A nursing home that is part of the same corporate entity

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    Florida Senate - 2003                            CS for SB 296
    317-1837-03




  1  as a continuing care facility licensed under chapter 651 which

  2  meets the minimum liquid reserve requirements specified in s.

  3  651.035 and is accredited by a recognized accrediting

  4  organization under s. 651.028 and rules of the Office of

  5  Insurance Regulation satisfies this requirement as long as the

  6  accreditation is not provisional.

  7

  8  A facility assigned a conditional licensure status may not

  9  qualify for consideration for the Gold Seal Program until

10  after it has operated for 30 months with no class I or class

11  II deficiencies and has completed a regularly scheduled

12  relicensure survey.

13         Section 2.  Subsection (7) of section 400.141, Florida

14  Statutes, is amended to read:

15         400.141  Administration and management of nursing home

16  facilities.--Every licensed facility shall comply with all

17  applicable standards and rules of the agency and shall:

18         (7)  If the facility has a standard license licensure

19  status or is a Gold Seal facility, exceeds the minimum

20  required hours of licensed nursing and certified nursing

21  assistant direct care per resident per day staffing standards,

22  and is part of a continuing care facility licensed under

23  chapter 651 or a retirement community that offers other

24  services pursuant to part III, part IV, or part V on a single

25  campus, be allowed to share programming and staff.  At the

26  time of relicensure, a continuing care facility or retirement

27  community that uses this option must demonstrate through

28  staffing records that minimum staffing requirements for the

29  facility were exceeded. Licensed nurses and certified nursing

30  assistants may be used to provide services elsewhere on campus

31  if the facility exceeds the minimum number of direct care

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    Florida Senate - 2003                            CS for SB 296
    317-1837-03




  1  hours required per resident per day and the number of

  2  residents served on campus by a licensed nurse or a certified

  3  nursing assistant never drops below the staffing ratios

  4  required under s. 400.23(3)(a). If the facility receives a

  5  conditional license, it may not share staff until the

  6  conditional license status ends. This subsection does not

  7  restrict the agency's authority under federal or state law to

  8  require additional staff if a facility is cited for

  9  deficiencies in care which are caused by an insufficient

10  number of certified nursing assistants or licensed nurses.

11         Section 3.  Section 651.081, Florida Statutes, is

12  amended to read:

13         651.081  Continuing care facilities residents'

14  organizations.--

15         (1)  Residents living in a facility holding a valid

16  certificate of authority under this chapter have the right of

17  self-organization, the right to be represented by an

18  individual of their own choosing, and the right to engage in

19  concerted activities for the purpose of keeping informed on

20  the operation of the facility which is caring for them or for

21  the purpose of other mutual aid or protection.

22         (2)  A residents' organization created for the purpose

23  of representing residents on matters set forth in s. 651.085

24  may be established through an election in which the residents,

25  as defined in this chapter, vote by ballot, either physically

26  or by proxy. If the election is to be held during a meeting, a

27  notice of the organizational meeting must be provided to all

28  residents of the community at least 10 business days before

29  the meeting. Notice may be given through internal mailboxes,

30  communitywide newsletters, bulletin boards, in-house

31  television stations, and other similar means of communication.

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    Florida Senate - 2003                            CS for SB 296
    317-1837-03




  1  An election for creating a residents' organization is valid if

  2  at least 40 percent of the total resident population

  3  participates in the election and a majority of the

  4  participants vote affirmatively for the organization. The

  5  initial residents' organization created under this section is

  6  valid for at least 12 months. If the facility has a residents'

  7  association, residents' council, or similarly organized body

  8  with bylaws and elected officials, such organization must be

  9  recognized as the residents' organization under this section

10  and s. 651.085. There shall be only one residents'

11  organization to represent residents before the governing body

12  of the provider as described in s. 651.085(2).

13         Section 4.  Subsection (2) of section 651.085, Florida

14  Statutes, is amended to read:

15         651.085  Quarterly meetings between residents and the

16  governing body of the provider; resident representation before

17  the governing body of the provider.--

18         (2)  A residents' organization formed pursuant to s.

19  651.081, members of which are elected by the residents, may

20  designate a resident to represent them before the governing

21  body of the provider or organize a meeting or ballot election

22  of the majority of the residents of the facility to determine

23  whether to elect a resident to represent them before the

24  governing body of the provider.  If a no residents'

25  organization as described in s. 651.081 does not exist exists,

26  any resident may organize a meeting or ballot election of the

27  majority of the residents of the facility to determine whether

28  to elect a resident to represent them before the governing

29  body and, if applicable, elect the representative.  The

30  residents' organization, or the resident that organizes

31  convenes a meeting or ballot election of residents to make the

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    Florida Senate - 2003                            CS for SB 296
    317-1837-03




  1  determination or elect a representative, shall give all

  2  residents of the facility notice at least 10 business days

  3  before the meeting or election 7 days' notice in a conspicuous

  4  place at the facility. Notice may be given through internal

  5  mailboxes, communitywide newsletters, bulletin boards,

  6  in-house television stations, and other similar means of

  7  communication. An election of the representative is valid if

  8  at least 40 percent of the total resident population

  9  participates in the election and a majority of the

10  participants vote affirmatively for the representative. The

11  initial designated representative elected under this section

12  shall be elected to serve for a period of at least 12 months.

13         Section 5.  This act shall take effect upon becoming a

14  law.

15

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                              SB 296

18

19  The Committee Substitute for Senate Bill 296 modifies
    conditions in the bill under which a nursing home facility may
20  share staff and programs to:  restrict such sharing to
    Continuing Care Retirement Communities or retirement
21  communities which meet certain conditions; remove a condition
    that required that the facility which is sharing staff and
22  programming not have had a conditional license caused by a
    staffing deficiency; remove specifications of minimum hours of
23  care which must be provided under staff sharing arrangements;
    require that under staff sharing arrangements minimum staffing
24  requirements be exceeded; remove a prohibition against staff
    sharing for a year after conditional licensure status ends, if
25  the conditional status was caused partly or wholly by a
    deficiency in care resulting from an insufficient number of
26  staff; prohibit staff sharing arrangements while a facility
    has a conditional licensure status; and clarify that the
27  subsection does not restrict the agency's authority to require
    additional staff if a facility is cited for deficiencies in
28  care caused by an insufficient number of certified nursing
    assistants or licensed nurses. The Committee Substitute adds
29  a requirement that there be only one Continuing Care
    Retirement Community resident's organization to represent
30  residents before the governing body of a provider.

31

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