| 1 | The Committee on Local Government & Veterans' Affairs recommends |
| 2 | the following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to hospice facilities; amending s. 553.73, |
| 8 | F.S.; including certain hospice facilities in the Florida |
| 9 | Building Code; amending s. 400.605, F.S.; deleting a |
| 10 | provision requiring the Department of Elderly Affairs to |
| 11 | adopt physical plant standards for hospice facilities; |
| 12 | creating s. 400.6055, F.S.; requiring construction |
| 13 | standards for certain hospice facilities to comply with |
| 14 | the Florida Building Code; requiring the Agency for Health |
| 15 | Care Administration to provide technical assistance to the |
| 16 | Florida Building Commission to update the Florida Building |
| 17 | Code for hospice facilities; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsection (2) of section 553.73, Florida |
| 22 | Statutes, is amended to read: |
| 23 | 553.73 Florida Building Code.-- |
| 24 | (2) The Florida Building Code shall contain provisions or |
| 25 | requirements for public and private buildings, structures, and |
| 26 | facilities relative to structural, mechanical, electrical, |
| 27 | plumbing, energy, and gas systems, existing buildings, |
| 28 | historical buildings, manufactured buildings, elevators, coastal |
| 29 | construction, lodging facilities, food sales and food service |
| 30 | facilities, health care facilities, including assisted living |
| 31 | facilities, adult day care facilities, hospice residential and |
| 32 | inpatient facilities and units, and facilities for the control |
| 33 | of radiation hazards, public or private educational facilities, |
| 34 | swimming pools, and correctional facilities and enforcement of |
| 35 | and compliance with such provisions or requirements. Further, |
| 36 | the Florida Building Code must provide for uniform |
| 37 | implementation of ss. 515.25, 515.27, and 515.29 by including |
| 38 | standards and criteria for residential swimming pool barriers, |
| 39 | pool covers, latching devices, door and window exit alarms, and |
| 40 | other equipment required therein, which are consistent with the |
| 41 | intent of s. 515.23. Technical provisions to be contained within |
| 42 | the Florida Building Code are restricted to requirements related |
| 43 | to the types of materials used and construction methods and |
| 44 | standards employed in order to meet criteria specified in the |
| 45 | Florida Building Code. Provisions relating to the personnel, |
| 46 | supervision or training of personnel, or any other professional |
| 47 | qualification requirements relating to contractors or their |
| 48 | workforce may not be included within the Florida Building Code, |
| 49 | and subsections (4), (5), (6), and (7) are not to be construed |
| 50 | to allow the inclusion of such provisions within the Florida |
| 51 | Building Code by amendment. This restriction applies to both |
| 52 | initial development and amendment of the Florida Building Code. |
| 53 | Section 2. Subsection (1) of section 400.605, Florida |
| 54 | Statutes, is amended to read: |
| 55 | 400.605 Administration; forms; fees; rules; inspections; |
| 56 | fines.-- |
| 57 | (1) The department, in consultation with the agency, shall |
| 58 | by rule establish minimum standards and procedures for a |
| 59 | hospice. The rules must include: |
| 60 | (a) License application procedures and requirements. |
| 61 | (b) The qualifications of professional and ancillary |
| 62 | personnel to ensure the provision of appropriate and adequate |
| 63 | hospice care. |
| 64 | (c) Standards and procedures for the administrative |
| 65 | management of a hospice. |
| 66 | (d) Standards for hospice services that ensure the |
| 67 | provision of quality patient care. |
| 68 | (e) Components of a patient plan of care. |
| 69 | (f) Procedures relating to the implementation of advanced |
| 70 | directives and do-not-resuscitate orders. |
| 71 | (g) Procedures for maintaining and ensuring |
| 72 | confidentiality of patient records. |
| 73 | (h) Standards for hospice care provided in freestanding |
| 74 | inpatient facilities that are not otherwise licensed medical |
| 75 | facilities and in residential care facilities such as nursing |
| 76 | homes, assisted living facilities, adult family care homes, and |
| 77 | hospice residential units and facilities. |
| 78 | (i) Physical plant standards for hospice residential and |
| 79 | inpatient facilities and units. |
| 80 | (i)(j) Components of a comprehensive emergency management |
| 81 | plan, developed in consultation with the Department of Health, |
| 82 | the Department of Elderly Affairs, and the Department of |
| 83 | Community Affairs. |
| 84 | (j)(k) Standards and procedures relating to the |
| 85 | establishment and activities of a quality assurance and |
| 86 | utilization review committee. |
| 87 | (k)(l) Components and procedures relating to the |
| 88 | collection of patient demographic data and other information on |
| 89 | the provision of hospice care in this state. |
| 90 | Section 3. Section 400.6055, Florida Statutes, is created |
| 91 | to read: |
| 92 | 400.6055 Construction and renovation; requirements.--The |
| 93 | requirements for the construction and the renovation of hospice |
| 94 | residential or inpatient facilities or units must comply with |
| 95 | the provisions of chapter 553 which pertain to building |
| 96 | construction standards, including plumbing, electrical, glass, |
| 97 | manufactured buildings, accessibility by physically handicapped |
| 98 | persons, and the state minimum building codes. The Agency for |
| 99 | Health Care Administration shall provide technical assistance to |
| 100 | the Florida Building Commission in updating the construction |
| 101 | standards of the Florida Building Code relative to hospice |
| 102 | facilities. |
| 103 | Section 4. This act shall take effect July 1, 2004. |