HB 1551

CS

CHAMBER ACTION

1	The Governmental Operations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to emergency management; amending s.
8	252.355, F.S.; specifying additional agencies that are
9	required to provide registration information to special
10	needs clients and persons with disabilities or special
11	needs who receive services from such agencies for purposes
12	of inclusion within the registry of persons with special
13	needs maintained by local emergency management agencies;
14	providing that the Department of Community Affairs shall
15	be the designated lead agency responsible for community
16	education and outreach to the general public, including
17	special needs clients, regarding registration as a person
18	with special needs, special needs shelters, and general
19	information regarding shelter stays; requiring the
20	department to disseminate educational and outreach
21	information through local emergency management offices;
22	requiring the department to coordinate community education
23	and outreach related to special needs shelters with
24	specified agencies and entities; providing that specified
25	confidential and exempt information relating to
26	registration of persons with special needs be provided to
27	the Department of Health; amending s. 381.0303, F.S.;
28	removing a condition of specified funding as a
29	prerequisite to the assumption of lead responsibility by
30	the Department of Health for specified coordination with
31	respect to the development of a plan for the staffing and
32	medical management of special needs shelters; providing
33	that the local Children's Medical Services offices shall
34	assume lead responsibility for specified coordination with
35	respect to the development of a plan for the staffing and
36	medical management of pediatric special needs shelters;
37	requiring such plans to be in conformance with the local
38	comprehensive emergency management plan; requiring county
39	governments to assist in the process of coordinating the
40	recruitment of health care practitioners to staff local
41	special needs shelters; providing that the appropriate
42	county health department, Children's Medical Services, and
43	local emergency management agency shall jointly determine
44	the responsibility for medical supervision in a special
45	needs shelter; providing that the Department of Elderly
46	Affairs shall be the lead agency responsible for ensuring
47	the placement of special needs elderly and Alzheimer's
48	adult special needs residents rendered homeless due to a
49	disaster event and for appropriate discharge planning;
50	providing that the Agency for Persons with Disabilities
51	shall be the lead agency responsible for ensuring the
52	placement of developmentally disabled special needs
53	residents rendered homeless by a disaster event and for
54	appropriate and necessary discharge planning; providing
55	that the Department of Children and Family Services shall
56	be the lead agency responsible for ensuring the placement
57	of mental health special needs residents rendered homeless
58	due to a disaster event and for appropriate and necessary
59	discharge planning and for the placement of children
60	within the welfare system; providing that the appropriate
61	agency shall provide necessary discharge planning for
62	their respective clients; providing that state employees
63	with a preestablished role in disaster response may be
64	called upon to serve in times of disaster in specified
65	capacities; requiring hospitals and nursing homes that are
66	used to shelter special needs persons during and after an
67	evacuation to submit invoices for reimbursement from the
68	state for expenses incurred for medical care provided at
69	the request of the Department of Health in special needs
70	shelters or at other locations during times of emergency
71	or major disaster; revising the role of the special needs
72	shelter interagency committee with respect to the planning
73	and operation of special needs shelters; providing
74	required functions of the committee; providing that the
75	Department of Health shall establish a statewide database
76	to capture and disseminate special needs registration
77	information; revising the composition of the special needs
78	shelter interagency committee; requiring the inclusion of
79	specified rules with respect to health practitioner
80	recruitment for special needs shelters and specified
81	minimum standards for special needs shelters; providing
82	requirements with respect to emergency management plans
83	submitted by home health agencies, nurse registries, and
84	hospice programs to county health departments for review;
85	removing a condition of specified funding as a
86	prerequisite to the submission of such plans; amending s.
87	252.385, F.S.; requiring the Division of Emergency
88	Management of the Department of Community Affairs to
89	prepare and submit a statewide emergency shelter plan to
90	the Governor and the Cabinet for approval; providing plan
91	requirements; requiring the Department of Health to assist
92	the division in determining the estimated need for special
93	needs shelter space; requiring inspection of public
94	hurricane evacuation shelter facilities by local emergency
95	management agencies prior to activation of such
96	facilities; amending s. 400.492, F.S.; providing that
97	nurse registries, hospices, and durable medical equipment
98	providers shall prepare and maintain a comprehensive
99	emergency management plan; providing that home health,
100	hospice, and durable medical equipment provider agencies
101	shall not be required to continue to provide care to
102	patients in emergency situations that are beyond their
103	control and that make it impossible to provide services;
104	authorizing home health agencies, nurse registries,
105	hospices, and durable medical equipment providers to
106	establish links to local emergency operations centers to
107	determine a mechanism to approach areas within a disaster
108	area in order for the agency to reach its clients;
109	providing that the presentation of home care or hospice
110	clients to the special needs shelter without the home
111	health agency or hospice making a good faith effort to
112	provide services in the shelter setting constitutes
113	abandonment of the client; requiring regulatory review in
114	such cases; amending s. 408.831, F.S.; providing that
115	entities regulated or licensed by the Agency for Health
116	Care Administration may exceed their licensed capacity to
117	act as a receiving facility under specified circumstances;
118	providing requirements while such entities are in an
119	overcapacity status; providing for issuance of an inactive
120	license to such licensees under specified conditions;
121	providing requirements and procedures with respect to the
122	issuance and reactivation of an inactive license;
123	providing fees; creating s. 252.357, F.S., requiring the
124	Agency for Health Care Administration, under the Florida
125	Comprehensive Emergency Management Plan, to contact
126	nursing homes in disaster areas for specified monitoring
127	purposes; requiring the agency to establish an emergency
128	telephone number for use by nursing homes; providing an
129	effective date.
130
131	Be It Enacted by the Legislature of the State of Florida:
132
133	Section 1.  Section 252.355, Florida Statutes, is amended
134	to read:
135	252.355  Registry of persons with special needs; notice.--
136	(1)  In order to meet the special needs of persons who
137	would need assistance during evacuations and sheltering because
138	of physical, mental, cognitive impairment, or sensory
139	disabilities, each local emergency management agency in the
140	state shall maintain a registry of persons with special needs
141	located within the jurisdiction of the local agency. The
142	registration shall identify those persons in need of assistance
143	and plan for resource allocation to meet those identified needs.
144	To assist the local emergency management agency in identifying
145	such persons, the Department of Children and Family Services,
146	Department of Health, Agency for Health Care Administration,
147	Department of Education, Agency for Persons with Disabilities,
148	Agency for Workforce Innovation, Department of Labor and
149	Employment Security, and Department of Elderly Affairs shall
150	provide registration information to all of their special needs
151	clients and to all people with disabilities or special needs who
152	receive services incoming clients as a part of the intake
153	process. The registry shall be updated annually. The
154	registration program shall give persons with special needs the
155	option of preauthorizing emergency response personnel to enter
156	their homes during search and rescue operations if necessary to
157	assure their safety and welfare following disasters.
158	(2)  The Department of Community Affairs shall be the
159	designated lead agency responsible for community education and
160	outreach to the general public, including special needs clients,
161	regarding registration and special needs shelters and general
162	information regarding shelter stays. The Department of Community
163	Affairs shall disseminate such educational and outreach
164	information through the local emergency management offices. The
165	department shall coordinate the development of curriculum and
166	dissemination of all community education and outreach related to
167	special needs shelters with the Clearinghouse on Disability
168	Information of the Governor's Working Group on the Americans
169	with Disabilities Act, the Department of Children and Family
170	Services, the Department of Health, the Agency for Health Care
171	Administration, the Department of Education, the Agency for
172	Persons with Disabilities, the Clearinghouse on Disability
173	Information, the Agency for Workforce Development, and the
174	Department of Elderly Affairs.
175	(3)(2)  On or before May 1 of each year each electric
176	utility in the state shall annually notify residential customers
177	in its service area of the availability of the registration
178	program available through their local emergency management
179	agency.
180	(4)(3)  All records, data, information, correspondence, and
181	communications relating to the registration of persons with
182	special needs as provided in subsection (1) are confidential and
183	exempt from the provisions of s. 119.07(1), except that such
184	information shall be available to other emergency response
185	agencies, as determined by the local emergency management
186	director and shall be provided to the Department of Health in
187	the furtherance of their duties and responsibilities.
188	(5)(4)  All appropriate agencies and community-based
189	service providers, including home health care providers, and
190	hospices shall assist emergency management agencies by
191	collecting registration information for persons with special
192	needs as part of program intake processes, establishing programs
193	to increase the awareness of the registration process, and
194	educating clients about the procedures that may be necessary for
195	their safety during disasters. Clients of state or federally
196	funded service programs with physical, mental, cognitive
197	impairment, or sensory disabilities who need assistance in
198	evacuating, or when in shelters, must register as persons with
199	special needs.
200	Section 2.  Section 381.0303, Florida Statutes, is amended
201	to read:
202	381.0303  Health practitioner recruitment for special needs
203	shelters.--
204	(1)  PURPOSE.--The purpose of this section is to designate
205	the Department of Health, through its county health departments,
206	as the lead agency for coordination of the recruitment of health
207	care practitioners, as defined in s. 456.001(4), to staff
208	special needs shelters in times of emergency or disaster and to
209	provide resources to the department to carry out this
210	responsibility. However, nothing in this section prohibits a
211	county health department from entering into an agreement with a
212	local emergency management agency to assume the lead
213	responsibility for recruiting health care practitioners.
214	(2)  SPECIAL NEEDS SHELTER PLAN AND STAFFING.--Provided
215	funds have been appropriated to support medical services
216	disaster coordinator positions in county health departments, The
217	department shall assume lead responsibility for the local
218	coordination of local medical and health care providers, the
219	American Red Cross, and other interested parties in developing a
220	plan for the staffing and medical management of special needs
221	shelters. The local Children's Medical Services offices shall
222	assume lead responsibility for the local coordination of local
223	medical and health care providers, the American Red Cross, and
224	other interested parties in developing a plan for the staffing
225	and medical management of pediatric special needs shelters.
226	Plans The plan shall be in conformance with the local
227	comprehensive emergency management plan.
228	(a)  County health departments shall, in conjunction with
229	the local emergency management agencies, have the lead
230	responsibility for coordination of the recruitment of health
231	care practitioners to staff local special needs shelters. County
232	health departments shall assign their employees to work in
233	special needs shelters when needed to protect the health of
234	patients. County governments shall assist in this process.
235	(b)  The appropriate county health department, Children's
236	Medical Services, and local emergency management agency shall
237	jointly determine who has responsibility for medical supervision
238	in a special needs shelter.
239	(c)  The Department of Elderly Affairs shall be the lead
240	agency responsible for ensuring the placement of special needs
241	elderly residents and Alzheimer adult special needs residents
242	rendered homeless due to a disaster event and for appropriate
243	and necessary discharge planning for special needs shelter
244	residents. Other elder service agencies and organizations shall
245	assist the Department of Elderly Affairs in this effort.
246	(d)1.  The Department of Children and Family Services shall
247	be the lead agency responsible for ensuring the placement of
248	mental health special needs residents rendered homeless due to a
249	disaster event and the appropriate and necessary discharge
250	planning for special needs shelter residents. Other social
251	service agencies or organizations shall assist the Department of
252	Children and Family Services in this effort. The Agency for
253	Persons with Disabilities shall be the lead agency responsible
254	for ensuring the placement of and appropriate necessary
255	discharge planning for special needs shelter residents with
256	developmental disabilities rendered homeless by a disaster
257	event.
258	2.  The Department of Children and Family Services shall be
259	the lead agency responsible for ensuring the placement of
260	children within the welfare system.
261
262	In all cases, the appropriate agency shall provide the
263	appropriate and necessary discharge planning for their
264	respective clients. Other social service agencies or
265	organizations shall assist the aforementioned agencies in this
266	effort.
267	(e)  State employees with a preestablished role in disaster
268	response may be called upon to serve in times of disaster
269	commensurate with their knowledge, skills, and abilities and any
270	needed activities related to the situation.
271	(f)(c)  Local emergency management agencies shall be
272	responsible for the designation and operation of special needs
273	shelters during times of emergency or disaster. County health
274	departments shall assist the local emergency management agency
275	with regard to the management of medical services in special
276	needs shelters.
277	(3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS.--The
278	Department of Health shall reimburse, subject to the
279	availability of funds for this purpose, health care
280	practitioners, as defined in s. 456.001, provided the
281	practitioner is not providing care to a patient under an
282	existing contract, and emergency medical technicians and
283	paramedics licensed pursuant to chapter 401 for medical care
284	provided at the request of the department in special needs
285	shelters or at other locations during times of emergency or
286	major disaster. Reimbursement for health care practitioners,
287	except for physicians licensed pursuant to chapter 458 or
288	chapter 459, shall be based on the average hourly rate that such
289	practitioners were paid according to the most recent survey of
290	Florida hospitals conducted by the Florida Hospital Association.
291	Reimbursement shall be requested on forms prepared by the
292	Department of Health. If a Presidential Disaster Declaration has
293	been made, and the Federal Government makes funds available, the
294	department shall use such funds for reimbursement of eligible
295	expenditures. In other situations, or if federal funds do not
296	fully compensate the department for reimbursement made pursuant
297	to this section, the department shall submit to the Cabinet or
298	Legislature, as appropriate, a budget amendment to obtain
299	reimbursement from the working capital fund. Hospitals and
300	nursing homes that are used to shelter special needs persons
301	during and after an evacuation shall submit invoices for
302	reimbursement from the state for expenses incurred in this
303	effort. Travel expense and per diem costs shall be reimbursed
304	pursuant to s. 112.061.
305	(4)  HEALTH CARE PRACTITIONER REGISTRY.--The department may
306	use the registries established in ss. 401.273 and 456.38 when
307	health care practitioners are needed to staff special needs
308	shelters or to staff disaster medical assistance teams.
309	(5)  SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.--The
310	Department of Health may establish a special needs shelter
311	interagency committee, to be chaired and staffed by the
312	department. The committee shall resolve problems related to
313	special needs shelters not addressed in the state comprehensive
314	emergency medical plan and shall serve in a consultative role in
315	as an oversight committee to monitor the planning and operation
316	of special needs shelters.
317	(a)  The committee shall may:
318	1.  Develop and negotiate any necessary interagency
319	agreements.
320	2.  Undertake other such activities as the department deems
321	necessary to facilitate the implementation of this section.
322	3.  Submit recommendations to the Legislature as necessary.
323	Such recommendations shall include, but not be limited to, the
324	following:
325	a.  Defining "special needs shelter."
326	b.  Defining "special needs person."
327	c.  Development of a uniform registration form.
328	d.  The improvement of public awareness regarding the
329	registration process.
330	e.  The improvement of overall communications with special
331	needs persons both before and after a disaster.
332	f.  The establishment of special needs shelter guidelines
333	for staffing, supplies, including durable medical, emergency
334	power, and transportation.
335
336	The Department of Health shall establish a statewide database
337	designed to collect and disseminate timely and appropriate
338	special needs registration information.
339	(b)  The special needs shelter interagency committee shall
340	be composed of representatives of emergency management, health,
341	medical, and social services organizations. Membership shall
342	include, but shall not be limited to, the Departments of
343	Community Affairs, Children and Family Services, Elderly
344	Affairs, Labor and Employment Security, and Education; the
345	Agency for Health Care Administration; the Agency for Workforce
346	Innovation; the Florida Medical Association; the Florida
347	Osteopathic Medical Association; Associated Home Health
348	Industries of Florida, Inc.; the Florida Nurses Association; the
349	Florida Health Care Association; the Florida Assisted Living
350	Association; the Florida Hospital Association; the Florida
351	Statutory Teaching Hospital Council; the Florida Association of
352	Homes for the Aging; the Florida Emergency Preparedness
353	Association; the American Red Cross; Florida Hospices, Inc.; the
354	Association of Community Hospitals and Health Systems; the
355	Florida Association of Health Maintenance Organizations; the
356	Florida League of Health Systems; Private Care Association; and
357	the Salvation Army; the Florida Association of Aging Services
358	Providers; and the AARP.
359	(c)  Meetings of the committee shall be held in
360	Tallahassee, and members of the committee shall serve at the
361	expense of the agencies or organizations they represent. The
362	committee shall make every effort to use teleconference or video
363	conference capabilities in order to ensure widespread input and
364	to accommodate persons from other areas of the state.
365	(6)  RULES.--The department has the authority to adopt
366	rules necessary to implement this section. Rules shall may
367	include a definition of a special needs patient, specification
368	with respect to specify physician reimbursement, and the
369	designation of designate which county health departments which
370	will have responsibility for the implementation of subsections
371	(2) and (3). Standards for special needs shelters adopted by
372	rule shall include minimum standards relating to:
373	(a)  The provision of electricity.
374	(b)  Staffing levels for provision of services to assist
375	individuals with activities of daily living.
376	(c)  Provision of transportation services.
377	(d)  Compliance with applicable service animal laws.
378	(e)  Eligibility criteria that includes individuals with
379	physical, cognitive, and psychiatric disabilities.
380	(f)  Provision of support and services for individuals with
381	physical, cognitive, and psychiatric disabilities.
382	(g)  Standardized applications that include specific
383	eligibility criteria and the services an individual with special
384	needs can expect to receive.
385	(h)  Procedures for addressing the needs of unregistered
386	individuals in need of shelter.
387	(i)  Requirements that the special needs shelter location
388	meets the Florida Accessibility Code for Building Construction.
389	If the location fails to meet the standards, a plan must be
390	provided describing how compliance will be achieved.
391	(j)  Procedures for addressing the needs of families that
392	are eligible for special needs shelter services. Specific
393	procedures shall be developed to address the needs of families
394	with multiple dependents where only one dependent is eligible
395	for the special needs shelter. Specific procedures shall be
396	developed to address the needs of adults with special needs who
397	are caregivers for individuals without special needs.
398	(7)  REVIEW OF EMERGENCY MANAGEMENT PLANS.--The submission
399	of Emergency management plans submitted to county health
400	departments by home health agencies pursuant to s. 400.497(8)(c)
401	and (d) and by nurse registries pursuant to s. 400.506(16)(e)
402	and by hospice programs pursuant to s. 400.610(1)(b) shall
403	specifically address an agency's functional staffing plan for
404	the shelters to ensure continuity of care and services for
405	clients registered pursuant to s. 252.355. Staffing plans for a
406	nurse registry shall be consistent with s. 400.506(16)(a). is
407	conditional upon the receipt of an appropriation by the
408	department to establish medical services disaster coordinator
409	positions in county health departments unless the secretary of
410	the department and a local county commission jointly determine
411	to require such plans to be submitted based on a determination
412	that there is a special need to protect public health in the
413	local area during an emergency.
414	Section 3.  Subsections (2) and (4) of section 252.385,
415	Florida Statutes, are amended to read:
416	252.385  Public shelter space.--
417	(2)(a)  The division shall administer a program to survey
418	existing schools, universities, community colleges, and other
419	state-owned, municipally owned, and county-owned public
420	buildings and any private facility that the owner, in writing,
421	agrees to provide for use as a public hurricane evacuation
422	shelter to identify those that are appropriately designed and
423	located to serve as such shelters. The owners of the facilities
424	must be given the opportunity to participate in the surveys. The
425	Board of Regents, district school boards, community college
426	boards of trustees, and the Department of Education are
427	responsible for coordinating and implementing the survey of
428	public schools, universities, and community colleges with the
429	division or the local emergency management agency.
430	(b)  By January 31 of each even-numbered year, the Division
431	of Emergency Management of the Department of Community Affairs
432	shall prepare and submit a statewide emergency shelter plan to
433	the Governor and the Cabinet for approval, subject to the
434	requirements for approval provided in s. 1013.37(2). The plan
435	must also identify the general location and square footage of
436	special needs shelters, by regional planning council region,
437	during the next 5 years. The Department of Health shall assist
438	the division in determining the estimated need for special needs
439	shelter space based on information from the special needs
440	registration database and other factors.
441	(4)(a)  Public facilities, including schools, postsecondary
442	education facilities, and other facilities owned or leased by
443	the state or local governments, but excluding hospitals or
444	nursing homes, which are suitable for use as public hurricane
445	evacuation shelters shall be made available at the request of
446	the local emergency management agencies. The local emergency
447	management agency shall inspect a designated facility to
448	determine its readiness prior to activating such facility for a
449	specific hurricane or disaster. Such agencies shall coordinate
450	with the appropriate school board, university, community
451	college, or local governing board when requesting the use of
452	such facilities as public hurricane evacuation shelters.
453	(b)  The Department of Management Services shall
454	incorporate provisions for the use of suitable leased public
455	facilities as public hurricane evacuation shelters into lease
456	agreements for state agencies. Suitable leased public facilities
457	include leased public facilities that are solely occupied by
458	state agencies and have at least 2,000 square feet of net floor
459	area in a single room or in a combination of rooms having a
460	minimum of 400 square feet in each room. The net square footage
461	of floor area must be determined by subtracting from the gross
462	square footage the square footage of spaces such as mechanical
463	and electrical rooms, storage rooms, open corridors, restrooms,
464	kitchens, science or computer laboratories, shop or mechanical
465	areas, administrative offices, records vaults, and crawl spaces.
466	(c)  The Department of Management Services shall, in
467	consultation with local and state emergency management agencies,
468	assess Department of Management Services facilities to identify
469	the extent to which each facility has public hurricane
470	evacuation shelter space. The Department of Management Services
471	shall submit proposed facility retrofit projects that
472	incorporate hurricane protection enhancements to the department
473	for assessment and inclusion in the annual report prepared in
474	accordance with subsection (3).
475	Section 4.  Section 400.492, Florida Statutes, is amended
476	to read:
477	400.492  Provision of services during an emergency.--Each
478	home health agency, nurse registry, hospice, or durable medical
479	equipment provider shall prepare and maintain a comprehensive
480	emergency management plan that is consistent with the standards
481	adopted by national accreditation organizations and consistent
482	with the local special needs plan. The plan shall be updated
483	annually and shall provide for continuing home health, nurse
484	registry, hospice, or durable medical equipment services during
485	an emergency that interrupts patient care or services in the
486	patient's home. The plan shall describe how the home health
487	agency, nurse registry, hospice, or durable medical equipment
488	provider establishes and maintains an effective response to
489	emergencies and disasters, including: notifying staff when
490	emergency response measures are initiated; providing for
491	communication between staff members, county health departments,
492	and local emergency management agencies, including a backup
493	system; identifying resources necessary to continue essential
494	care or services or referrals to other organizations subject to
495	written agreement; and prioritizing and contacting patients who
496	need continued care or services.
497	(1)  Each patient record for patients who are listed in the
498	registry established pursuant to s. 252.355 shall include a
499	description of how care or services will be continued in the
500	event of an emergency or disaster. The home health agency shall
501	discuss the emergency provisions with the patient and the
502	patient's caregivers, including where and how the patient is to
503	evacuate, procedures for notifying the home health agency in the
504	event that the patient evacuates to a location other than the
505	shelter identified in the patient record, and a list of
506	medications and equipment which must either accompany the
507	patient or will be needed by the patient in the event of an
508	evacuation.
509	(2)  Each home health agency shall maintain a current
510	prioritized list of patients who need continued services during
511	an emergency. The list shall indicate how services shall be
512	continued in the event of an emergency or disaster for each
513	patient and if the patient is to be transported to a special
514	needs shelter, and shall indicate if the patient is receiving
515	skilled nursing services and the patient's medication and
516	equipment needs. The list shall be furnished to county health
517	departments and to local emergency management agencies, upon
518	request.
519	(3)  Home health, hospice, and durable medical equipment
520	provider agencies shall not be required to continue to provide
521	care to patients in emergency situations that are beyond their
522	control and that make it impossible to provide services, such as
523	when roads are impassable or when patients do not go to the
524	location specified in their patient records. Home health
525	agencies, nurse registries, hospices, and durable medical
526	equipment providers may establish links to local emergency
527	operations centers to determine a mechanism to approach areas
528	within the disaster area in order for the agency to reach its
529	clients. The presentation of home care or hospice clients to a
530	special needs shelter without the home health agency or hospice
531	making a good faith effort to provide services in the shelter
532	setting will constitute abandonment of the client and will
533	result in regulatory review.
534	(4)  Notwithstanding the provisions of s. 400.464(2) or any
535	other provision of law to the contrary, a home health agency may
536	provide services in a special needs shelter located in any
537	county.
538	Section 5.  Section 408.831, Florida Statutes, is amended
539	to read:
540	408.831  Denial, suspension, or revocation of a license,
541	registration, certificate, or application.--
542	(1)  In addition to any other remedies provided by law, the
543	agency may deny each application or suspend or revoke each
544	license, registration, or certificate of entities regulated or
545	licensed by it:
546	(a)  If the applicant, licensee, registrant, or
547	certificateholder, or, in the case of a corporation,
548	partnership, or other business entity, if any officer, director,
549	agent, or managing employee of that business entity or any
550	affiliated person, partner, or shareholder having an ownership
551	interest equal to 5 percent or greater in that business entity,
552	has failed to pay all outstanding fines, liens, or overpayments
553	assessed by final order of the agency or final order of the
554	Centers for Medicare and Medicaid Services, not subject to
555	further appeal, unless a repayment plan is approved by the
556	agency; or
557	(b)  For failure to comply with any repayment plan.
558	(2)  In reviewing any application requesting a change of
559	ownership or change of the licensee, registrant, or
560	certificateholder, the transferor shall, prior to agency
561	approval of the change, repay or make arrangements to repay any
562	amounts owed to the agency. Should the transferor fail to repay
563	or make arrangements to repay the amounts owed to the agency,
564	the issuance of a license, registration, or certificate to the
565	transferee shall be delayed until repayment or until
566	arrangements for repayment are made.
567	(3)  Entities subject to this section may exceed their
568	licensed capacity to act as a receiving facility in accordance
569	with an emergency operations plan for clients of evacuating
570	providers from a geographic area where an evacuation order has
571	been issued by a local authority having jurisdiction. While in
572	an overcapacity status, each provider must furnish or arrange
573	for appropriate care and services to all clients. Overcapacity
574	status in excess of 15 days shall require compliance with all
575	firesafety requirements or their equivalency as approved by
576	state and local authorities, whichever is applicable. In
577	addition, the agency shall approve requests for overcapacity
578	beyond 15 days, which approvals shall be based upon satisfactory
579	justification and need as provided by the receiving and sending
580	facility.
581	(4)  An inactive license may be issued to a licensee
582	subject to this section when the provider is located in a
583	geographic area where a state of emergency was declared by the
584	Governor of Florida if the provider:
585	(a)  Suffered damage to the provider's operation during
586	that state of emergency.
587	(b)  Is currently licensed.
588	(c)  Does not have a provisional license.
589	(d)  Will be temporarily unable to provide services but is
590	reasonably expected to resume services within 12 months.
591
592	An inactive license may be issued for a period not to exceed 12
593	months but may be renewed by the agency for up to 6 additional
594	months upon demonstration to the agency of progress toward
595	reopening. A request by a licensee for an inactive license or to
596	extend the previously approved inactive period must be submitted
597	in writing to the agency, accompanied by written justification
598	for the inactive license which states the beginning and ending
599	dates of inactivity and includes a plan for the transfer of any
600	clients to other providers and appropriate licensure fees. Upon
601	agency approval, the licensee shall notify clients of any
602	necessary discharge or transfer as required by authorizing
603	statutes or applicable rules. The beginning of the inactive
604	licensure period shall be the date the provider ceases
605	operations. The end of the inactive period shall become the
606	licensee expiration date and all licensure fees must be current,
607	paid in full, and may be prorated. Reactivation of an inactive
608	license requires the prior approval by the agency of a renewal
609	application, including payment of licensure fees and agency
610	inspections indicating compliance with all requirements of this
611	part and applicable rules and statutes.
612	(5)(3)  This section provides standards of enforcement
613	applicable to all entities licensed or regulated by the Agency
614	for Health Care Administration. This section controls over any
615	conflicting provisions of chapters 39, 381, 383, 390, 391, 393,
616	394, 395, 400, 408, 468, 483, and 641 or rules adopted pursuant
617	to those chapters.
618	Section 6.  Section 252.357, Florida Statutes, is created
619	to read:
620	252.357  Monitoring of nursing homes during disaster.--The
621	state comprehensive emergency management plan shall require that
622	the Agency for Health Care Administration working in the State
623	Emergency Operations Center, ESF-8, shall make contact with
624	every nursing home in a declared disaster area on a daily basis
625	to determine if any nursing home is in need of services or
626	supplies to adequately care for residents. By June 1, 2005, and
627	annually thereafter, the Agency for Health Care Administration
628	shall publish an emergency telephone number that can be used by
629	nursing homes to contact the agency at the State Emergency
630	Operations Center on a 24-hour basis to report requests for
631	assistance.
632	Section 7.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.