Senate Bill sb0484e2

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    CS for SB 484                                 Second Engrossed



  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         400.23, F.S.; prescribing conditions applicable

  4         to requests by nursing home residents or their

  5         representatives for bed placement that is not

  6         in compliance with building codes; amending s.

  7         400.461, F.S.; revising the purpose of part IV

  8         of ch. 400, F.S., to include the licensure of

  9         nurse registries; amending s. 400.462, F.S.;

10         revising definitions; defining the terms

11         "admission," "advanced registered nurse

12         practitioner," "direct employee," and

13         "physician assistant" for purposes of part IV

14         of ch. 400, F.S.; amending s. 400.464, F.S.,

15         relating to licensure of home health agencies;

16         revising the licensure period; revising and

17         providing additional administrative fines;

18         increasing penalties; amending s. 400.471,

19         F.S.; revising requirements for license

20         application by a home health agency;

21         authorizing the Agency for Health Care

22         Administration to revoke a license under

23         certain circumstances; authorizing

24         administrative fines; amending s. 400.487,

25         F.S.; revising requirements for home health

26         agency service agreements and treatment orders;

27         amending s. 400.491, F.S., relating to clinical

28         records; revising the ownership of patient

29         records generated by a home health agency;

30         changing the timeframe for a home health agency

31         to retain patient records; providing for the


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    CS for SB 484                                 Second Engrossed



 1         disposition of patient records when a home

 2         health agency ceases business; deleting a

 3         requirement for a service provision plan

 4         pertaining to nonskilled care; deleting

 5         requirements for maintaining such records;

 6         amending s. 400.494, F.S.; providing for the

 7         continued confidentiality of patient

 8         information in compliance with federal law;

 9         providing for disclosure in accordance with

10         certain specified state laws; deleting a

11         requirement for written consent of the patient

12         or the patient's guardian for disclosure of

13         confidential patient information; amending s.

14         400.506, F.S.; revising requirements governing

15         nurse registries; increasing license fee;

16         increasing the period of licensure; authorizing

17         administrative penalties; providing criminal

18         penalties and sanctions; revising certain

19         requirements pertaining to health care

20         professionals that provide services on behalf

21         of a nurse registry; amending s. 400.512, F.S.,

22         relating to employment screening; revising the

23         date in which an annual affidavit must be

24         signed which verifies that certain personnel of

25         a home health agency, a nurse registry, or

26         homemaker service have been screened; amending

27         s. 400.515, F.S.; providing additional

28         circumstances under which the agency may

29         petition for an injunction; providing an

30         effective date.

31  


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    CS for SB 484                                 Second Engrossed



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

 2  

 3         Section 1.  Paragraph (a) of subsection (2) of section

 4  400.23, Florida Statutes, is amended to read:

 5         400.23  Rules; evaluation and deficiencies; licensure

 6  status.--

 7         (2)  Pursuant to the intention of the Legislature, the

 8  agency, in consultation with the Department of Health and the

 9  Department of Elderly Affairs, shall adopt and enforce rules

10  to implement this part, which shall include reasonable and

11  fair criteria in relation to:

12         (a)  The location of the facility and housing

13  conditions that will ensure the health, safety, and comfort of

14  residents, including an adequate call system. In making such

15  rules, the agency shall be guided by criteria recommended by

16  nationally recognized reputable professional groups and

17  associations with knowledge of such subject matters. The

18  agency shall update or revise such criteria as the need

19  arises. The agency may require alterations to a building if it

20  determines that an existing condition constitutes a distinct

21  hazard to life, health, or safety. In performing any

22  inspections of facilities authorized by this part, the agency

23  may enforce the special-occupancy provisions of the Florida

24  Building Code and the Florida Fire Prevention Code which apply

25  to nursing homes. A resident or his or her representative may

26  request a change in the placement of the bed in the resident's

27  room, provided that at admission he or she is presented with a

28  room that meets requirements of the Florida Building Code. The

29  location of a bed may be changed if the requested placement

30  does not infringe on the resident's roommate or interfere with

31  the resident's care or safety as determined by the care


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    CS for SB 484                                 Second Engrossed



 1  planning team in accordance with facility policies and

 2  procedures. In addition, the bed placement may not be used as

 3  a restraint. Each facility shall maintain a log of resident

 4  rooms with beds that are not in strict compliance with the

 5  Florida Building Code in order for such log to be used by

 6  surveyors and nurse monitors during inspections and visits.

 7  Any resident or resident representative who requests that a

 8  bed be moved shall sign a statement indicating that he or she

 9  understands the room will not be in compliance with the

10  Florida Building Code, but would prefer to exercise the right

11  to self-determination. The statement must be retained as part

12  of the resident's care plan. Any facility that offers this

13  option shall submit a letter signed by the nursing home

14  administrator of record to the agency notifying it of this

15  practice with a copy of the facility's policies and

16  procedures. The agency is directed to provide assistance to

17  the Florida Building Commission in updating the construction

18  standards of the code relative to nursing homes.

19         Section 2.  Subsection (2) of section 400.461, Florida

20  Statutes, is amended to read:

21         400.461  Short title; purpose.--

22         (2)  The purpose of this part is to provide for the

23  licensure of every home health agency and nurse registry and

24  to provide for the development, establishment, and enforcement

25  of basic standards that will ensure the safe and adequate care

26  of persons receiving health services in their own homes.

27         Section 3.  Section 400.462, Florida Statutes, is

28  amended to read:

29         400.462  Definitions.--As used in this part, the term:

30         (1)  "Administrator" means a direct employee, as

31  defined in subsection (9) of the home health agency or a


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    CS for SB 484                                 Second Engrossed



 1  related organization, or of a management company that has a

 2  contract to manage the home health agency, to whom the

 3  governing body has delegated the responsibility for day-to-day

 4  administration of the home health agency. The administrator

 5  must be a licensed physician, physician assistant, or

 6  registered nurse licensed to practice in this state or an

 7  individual having at least 1 year of supervisory or

 8  administrative experience in home health care or in a facility

 9  licensed under chapter 395 or under part II or part III of

10  this chapter.  An administrator may manage a maximum of five

11  licensed home health agencies located within one agency

12  service district or within an immediately contiguous county.

13  If the home health agency is licensed under this chapter and

14  is part of a retirement community that provides multiple

15  levels of care, an employee of the retirement community may

16  administer the home health agency and up to a maximum of four

17  entities licensed under this chapter that are owned, operated,

18  or managed by the same corporate entity.  An administrator

19  shall designate, in writing, for each licensed entity, a

20  qualified alternate administrator to serve during absences.

21         (2)  "Admission" means a decision by the home health

22  agency, during or after an evaluation visit to the patient's

23  home, that there is reasonable expectation that the patient's

24  medical, nursing, and social needs for skilled care can be

25  adequately met by the agency in the patient's place of

26  residence. Admission includes completion of an agreement with

27  the patient or the patient's legal representative to provide

28  home health services as required in s. 400.487(1).

29         (3)  "Advanced registered nurse practitioner" means a

30  person licensed in this state to practice professional nursing

31  


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    CS for SB 484                                 Second Engrossed



 1  and certified in advanced or specialized nursing practice, as

 2  defined in s. 464.003.

 3         (4)(2)  "Agency" means the Agency for Health Care

 4  Administration.

 5         (5)(3)  "Certified nursing assistant" means any person

 6  who has been issued a certificate under part II of chapter

 7  464. The licensed home health agency or licensed nurse

 8  registry shall ensure that the certified nursing assistant

 9  employed by or under contract with the home health agency or

10  licensed nurse registry is adequately trained to perform the

11  tasks of a home health aide in the home setting.

12         (6)(4)  "Client" means an elderly, handicapped, or

13  convalescent individual who receives personal care services,

14  companion services, or homemaker services in the individual's

15  home or place of residence.

16         (7)(5)  "Companion" or "sitter" means a person who

17  spends time with cares for an elderly, handicapped, or

18  convalescent individual and accompanies such individual on

19  trips and outings and may prepare and serve meals to such

20  individual. A companion may not provide hands-on personal care

21  to a client.

22         (8)(6)  "Department" means the Department of Children

23  and Family Services.

24         (9)  "Direct employee" means an employee for whom one

25  of the following entities pays withholding taxes: a home

26  health agency; a management company that has a contract to

27  manage the home health agency on a day-to-day basis; or an

28  employee leasing company that has a contract with the home

29  health agency to handle the payroll and payroll taxes for the

30  home health agency.

31  


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    CS for SB 484                                 Second Engrossed



 1         (10)(7)  "Director of nursing" means a registered nurse

 2  who is a and direct employee, as defined in subsection (9), of

 3  the agency and or related business entity who is a graduate of

 4  an approved school of nursing and is licensed in this state;

 5  who has at least 1 year of supervisory experience as a

 6  registered nurse in a licensed home health agency, a facility

 7  licensed under chapter 395, or a facility licensed under part

 8  II or part III of this chapter; and who is responsible for

 9  overseeing the professional nursing and home health aid

10  delivery of services of the agency. A director of nursing An

11  employee may be the director of nursing of a maximum of five

12  licensed home health agencies operated by a related business

13  entity and located within one agency service district or

14  within an immediately contiguous county.  If the home health

15  agency is licensed under this chapter and is part of a

16  retirement community that provides multiple levels of care, an

17  employee of the retirement community may serve as the director

18  of nursing of the home health agency and of up to four

19  entities licensed under this chapter which are owned,

20  operated, or managed by the same corporate entity.  A director

21  of nursing shall designate, in writing, for each licensed

22  entity, a qualified alternate registered nurse to serve during

23  the absence of the director of nursing.

24         (11)(8)  "Home health agency" means an organization

25  that provides home health services and staffing services.

26         (12)(9)  "Home health agency personnel" means persons

27  who are employed by or under contract with a home health

28  agency and enter the home or place of residence of patients at

29  any time in the course of their employment or contract.

30         (13)(10)  "Home health services" means health and

31  medical services and medical supplies furnished by an


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    CS for SB 484                                 Second Engrossed



 1  organization to an individual in the individual's home or

 2  place of residence.  The term includes organizations that

 3  provide one or more of the following:

 4         (a)  Nursing care.

 5         (b)  Physical, occupational, respiratory, or speech

 6  therapy.

 7         (c)  Home health aide services.

 8         (d)  Dietetics and nutrition practice and nutrition

 9  counseling.

10         (e)  Medical supplies, restricted to drugs and

11  biologicals prescribed by a physician.

12         (14)(11)  "Home health aide" means a person who is

13  trained or qualified, as provided by rule, and who provides

14  hands-on personal care, performs simple procedures as an

15  extension of therapy or nursing services, assists in

16  ambulation or exercises, or assists in administering

17  medications as permitted in rule and for which the person has

18  received training established by the agency under s.

19  400.497(1). The licensed home health agency or licensed nurse

20  registry shall ensure that the home health aide employed by,

21  or under contract with, the home health agency or licensed

22  nurse registry is adequately trained to perform the tasks of a

23  home health aide in the home setting.

24         (15)(12)  "Homemaker" means a person who performs

25  household chores that include housekeeping, meal planning and

26  preparation, shopping assistance, and routine household

27  activities for an elderly, handicapped, or convalescent

28  individual. A homemaker may not provide hands-on personal care

29  to a client.

30         (16)(13)  "Home infusion therapy provider" means an

31  organization that employs, contracts with, or refers a


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    CS for SB 484                                 Second Engrossed



 1  licensed professional who has received advanced training and

 2  experience in intravenous infusion therapy and who administers

 3  infusion therapy to a patient in the patient's home or place

 4  of residence.

 5         (17)(14)  "Home infusion therapy" means the

 6  administration of intravenous pharmacological or nutritional

 7  products to a patient in his or her home.

 8         (18)(15)  "Nurse registry" means any person that

 9  procures, offers, promises, or attempts to secure

10  health-care-related contracts for registered nurses, licensed

11  practical nurses, certified nursing assistants, home health

12  aides, companions, or homemakers, who are compensated by fees

13  as independent contractors, including, but not limited to,

14  contracts for the provision of services to patients and

15  contracts to provide private duty or staffing services to

16  health care facilities licensed under chapter 395 or this

17  chapter or other business entities.

18         (19)(16)  "Organization" means a corporation,

19  government or governmental subdivision or agency, partnership

20  or association, or any other legal or commercial entity, any

21  of which involve more than one health care professional

22  discipline; or a health care professional and a home health

23  aide or certified nursing assistant; more than one home health

24  aide; more than one certified nursing assistant; or a home

25  health aide and a certified nursing assistant.  The term does

26  not include an entity that provides services using only

27  volunteers or only individuals related by blood or marriage to

28  the patient or client.

29         (20)(17)  "Patient" means any person who receives home

30  health services in his or her home or place of residence.

31  


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    CS for SB 484                                 Second Engrossed



 1         (21)(18)  "Personal care" means assistance to a patient

 2  in the activities of daily living, such as dressing, bathing,

 3  eating, or personal hygiene, and assistance in physical

 4  transfer, ambulation, and in administering medications as

 5  permitted by rule.

 6         (22)(19)  "Physician" means a person licensed under

 7  chapter 458, chapter 459, chapter 460, or chapter 461.

 8         (23)  "Physician assistant" means a person who is a

 9  graduate of an approved program or its equivalent, or meets

10  standards approved by the boards, and is licensed to perform

11  medical services delegated by the supervising physician, as

12  defined in s. 458.347 or s. 459.022.

13         (24)(20)  "Skilled care" means nursing services or

14  therapeutic services required by law to be delivered by a

15  health care professional who is licensed under part I of

16  chapter 464; part I, part III, or part V of chapter 468; or

17  chapter 486 and who is employed by or under contract with a

18  licensed home health agency or is referred by a licensed nurse

19  registry.

20         (25)(21)  "Staffing services" means services provided

21  to a health care facility or other business entity on a

22  temporary basis by licensed health care personnel and by,

23  including certified nursing assistants and home heath aides

24  who are employed by, or work under the auspices of, a licensed

25  home health agency or who are registered with a licensed nurse

26  registry. Staffing services may be provided anywhere within

27  the state.

28         Section 4.  Subsections (1) and (4) of section 400.464,

29  Florida Statutes, are amended to read:

30         400.464  Home health agencies to be licensed;

31  expiration of license; exemptions; unlawful acts; penalties.--


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    CS for SB 484                                 Second Engrossed



 1         (1)  Any home health agency must be licensed by the

 2  agency to operate in this state.  A license issued to a home

 3  health agency, unless sooner suspended or revoked, expires 2

 4  years 1 year after its date of issuance.

 5         (4)(a)  An organization may not provide, offer, or

 6  advertise home health services to the public unless the

 7  organization has a valid license or is specifically exempted

 8  under this part. An organization that offers or advertises to

 9  the public any service for which licensure or registration is

10  required under this part must include in the advertisement the

11  license number or registration regulation number issued to the

12  organization by the agency. The agency shall assess a fine of

13  not less than $100 to any licensee or registrant who fails to

14  include the license or registration number when submitting the

15  advertisement for publication, broadcast, or printing. The

16  fine for a second or subsequent offense is $500. The holder of

17  a license issued under this part may not advertise or indicate

18  to the public that it holds a home health agency or nurse

19  registry license other than the one it has been issued.

20         (b)  The operation or maintenance of an unlicensed home

21  health agency or the performance of any home health services

22  in violation of this part is declared a nuisance, inimical to

23  the public health, welfare, and safety. The agency, or any

24  state attorney may, in addition to other remedies provided in

25  this part, bring an action for an injunction to restrain such

26  violation, or to enjoin the future operation or maintenance of

27  the home health agency or the provision of home health

28  services in violation of this part, until compliance with this

29  part or the rules adopted under this part has been

30  demonstrated to the satisfaction of the agency.

31  


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    CS for SB 484                                 Second Engrossed



 1         (c)(b)  A person who violates paragraph (a) is subject

 2  to an injunctive proceeding under s. 400.515.  A violation of

 3  paragraph (a) is a deceptive and unfair trade practice and

 4  constitutes a violation of the Florida Deceptive and Unfair

 5  Trade Practices Act under part II of chapter 501.

 6         (d)(c)  A person who violates the provisions of

 7  paragraph (a) commits a misdemeanor of the second degree,

 8  punishable as provided in s. 775.082 or s. 775.083.  Any

 9  person who commits a second or subsequent violation commits a

10  misdemeanor of the first degree, punishable as provided in s.

11  775.082 or s. 775.083. Each day of continuing violation

12  constitutes a separate offense.

13         (e)  Any person who owns, operates, or maintains an

14  unlicensed home health agency and who, after receiving

15  notification from the agency, fails to cease operation may be

16  fined $500 for each day of noncompliance.

17         Section 5.  Section 400.471, Florida Statutes, is

18  amended to read:

19         400.471  Application for license; fee; provisional

20  license; temporary permit.--

21         (1)  Application for an initial license or for renewal

22  of an existing license must be made under oath to the agency

23  on forms furnished by it and must be accompanied by the

24  appropriate license fee as provided in subsection (8).  The

25  agency must take final action on an initial licensure

26  application within 60 days after receipt of all required

27  documentation.

28         (2)  The initial applicant must file with the

29  application satisfactory proof that the home health agency is

30  in compliance with this part and applicable rules, including:

31  


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    CS for SB 484                                 Second Engrossed



 1         (a)  A listing of services to be provided, either

 2  directly by the applicant or through contractual arrangements

 3  with existing providers;

 4         (b)  The number and discipline of professional staff to

 5  be employed; and

 6         (c)  Proof of financial ability to operate; and.

 7         (d)  Completion of questions concerning volume data on

 8  the renewal application as determined by rule.

 9         (3)  An applicant for initial licensure must

10  demonstrate financial ability to operate by submitting a

11  balance sheet and income and expense statement for the first 2

12  years of operation which provide evidence of having sufficient

13  assets, credit, and projected revenues to cover liabilities

14  and expenses. The applicant shall have demonstrated financial

15  ability to operate if the applicant's assets, credit, and

16  projected revenues meet or exceed projected liabilities and

17  expenses.  All documents required under this subsection must

18  be prepared in accordance with generally accepted accounting

19  principles, and must be compiled the financial statement must

20  be signed by a certified public accountant.

21         (4)  Each applicant for licensure must comply with the

22  following requirements:

23         (a)  Upon receipt of a completed, signed, and dated

24  application, the agency shall require background screening of

25  the applicant, in accordance with the level 2 standards for

26  screening set forth in chapter 435. As used in this

27  subsection, the term "applicant" means the administrator, or a

28  similarly titled person who is responsible for the day-to-day

29  operation of the licensed home health agency, and the

30  financial officer, or similarly titled individual who is

31  


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    CS for SB 484                                 Second Engrossed



 1  responsible for the financial operation of the licensed home

 2  health agency.

 3         (b)  The agency may require background screening for a

 4  member of the board of directors of the licensee or an officer

 5  or an individual owning 5 percent or more of the licensee if

 6  the agency reasonably suspects that such individual has been

 7  convicted of an offense prohibited under the level 2 standards

 8  for screening set forth in chapter 435.

 9         (c)  Proof of compliance with the level 2 background

10  screening requirements of chapter 435 which has been submitted

11  within the previous 5 years in compliance with any other

12  health care or assisted living licensure requirements of this

13  state is acceptable in fulfillment of paragraph (a). Proof of

14  compliance with background screening which has been submitted

15  within the previous 5 years to fulfill the requirements of the

16  Financial Services Commission and the Office of Insurance

17  Regulation pursuant to chapter 651 as part of an application

18  for a certificate of authority to operate a continuing care

19  retirement community is acceptable in fulfillment of the

20  Department of Law Enforcement and Federal Bureau of

21  Investigation background check.

22         (d)  A provisional license may be granted to an

23  applicant when each individual required by this section to

24  undergo background screening has met the standards for the

25  Department of Law Enforcement background check, but the agency

26  has not yet received background screening results from the

27  Federal Bureau of Investigation. A standard license may be

28  granted to the licensee upon the agency's receipt of a report

29  of the results of the Federal Bureau of Investigation

30  background screening for each individual required by this

31  section to undergo background screening which confirms that


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    CS for SB 484                                 Second Engrossed



 1  all standards have been met, or upon the granting of a

 2  disqualification exemption by the agency as set forth in

 3  chapter 435. Any other person who is required to undergo level

 4  2 background screening may serve in his or her capacity

 5  pending the agency's receipt of the report from the Federal

 6  Bureau of Investigation. However, the person may not continue

 7  to serve if the report indicates any violation of background

 8  screening standards and a disqualification exemption has not

 9  been requested of and granted by the agency as set forth in

10  chapter 435.

11         (e)  Each applicant must submit to the agency, with its

12  application, a description and explanation of any exclusions,

13  permanent suspensions, or terminations of the licensee or

14  potential licensee from the Medicare or Medicaid programs.

15  Proof of compliance with the requirements for disclosure of

16  ownership and control interest under the Medicaid or Medicare

17  programs may be accepted in lieu of this submission.

18         (f)  Each applicant must submit to the agency a

19  description and explanation of any conviction of an offense

20  prohibited under the level 2 standards of chapter 435 by a

21  member of the board of directors of the applicant, its

22  officers, or any individual owning 5 percent or more of the

23  applicant. This requirement does not apply to a director of a

24  not-for-profit corporation or organization if the director

25  serves solely in a voluntary capacity for the corporation or

26  organization, does not regularly take part in the day-to-day

27  operational decisions of the corporation or organization,

28  receives no remuneration for his or her services on the

29  corporation or organization's board of directors, and has no

30  financial interest and has no family members with a financial

31  interest in the corporation or organization, provided that the


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    CS for SB 484                                 Second Engrossed



 1  director and the not-for-profit corporation or organization

 2  include in the application a statement affirming that the

 3  director's relationship to the corporation satisfies the

 4  requirements of this paragraph.

 5         (g)  A license may not be granted to an applicant if

 6  the applicant, administrator, or financial officer has been

 7  found guilty of, regardless of adjudication, or has entered a

 8  plea of nolo contendere or guilty to, any offense prohibited

 9  under the level 2 standards for screening set forth in chapter

10  435, unless an exemption from disqualification has been

11  granted by the agency as set forth in chapter 435.

12         (h)  The agency may deny or revoke licensure if the

13  applicant: 

14         1.  Has falsely represented a material fact in the

15  application required by paragraph (e) or paragraph (f), or has

16  omitted any material fact from the application required by

17  paragraph (e) or paragraph (f); or

18         2.  has been or is currently excluded, suspended,

19  terminated from, or has involuntarily withdrawn from

20  participation in this state's Medicaid program, or the

21  Medicaid program of any other state, or from participation in

22  the Medicare program or any other governmental or private

23  health care or health insurance program.

24         (i)  An application for license renewal must contain

25  the information required under paragraphs (e) and (f).

26         (5)  The agency may deny or revoke licensure if the

27  applicant has falsely represented a material fact, or has

28  omitted any material fact, from the application required by

29  this section.

30         (6)(5)  The home health agency must also obtain and

31  maintain the following insurance coverage coverages in an


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    CS for SB 484                                 Second Engrossed



 1  amount of not less than $250,000 per claim, and the home

 2  health agency must submit proof of coverage with an initial

 3  application for licensure and with each annual application for

 4  license renewal:

 5         (a)  Malpractice insurance as defined in s.

 6  624.605(1)(k); and

 7         (b)  Liability insurance as defined in s.

 8  624.605(1)(b).

 9         (7)(6)  Sixty Ninety days before the expiration date,

10  an application for renewal must be submitted to the agency

11  under oath on forms furnished by it, and a license must be

12  renewed if the applicant has met the requirements established

13  under this part and applicable rules. The home health agency

14  must file with the application satisfactory proof that it is

15  in compliance with this part and applicable rules.  If there

16  is evidence of financial instability, the home health agency

17  must submit satisfactory proof of its financial ability to

18  comply with the requirements of this part. The agency shall

19  impose an administrative fine of $50 per day for each day the

20  home health agency fails to file an application within the

21  timeframe specified in this subsection. Each day of continuing

22  violation is a separate violation; however, the aggregate of

23  such fines may not exceed $500.

24         (8)(7)  When transferring the ownership of a home

25  health agency, the transferee must submit an application for a

26  license at least 60 days before the effective date of the

27  transfer. If the application is filed late, an administrative

28  fine shall be imposed in the amount of $50 per day. Each day

29  of continuing violation is a separate violation; however, the

30  aggregate of such fines may not exceed $500.  If the home

31  


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    CS for SB 484                                 Second Engrossed



 1  health agency is being leased, a copy of the lease agreement

 2  must be filed with the application.

 3         (9)  The agency shall accept, in lieu of its own

 4  periodic licensure survey, submission of the survey of an

 5  accrediting organization that is recognized by the agency if

 6  the accreditation of the licensed home health agency is not

 7  provisional and if the licensed home health agency authorizes

 8  release of, and the agency receives the report of, the

 9  accrediting organization.

10         (10)(8)  The license fee and annual renewal fee

11  required of a home health agency are nonrefundable. The agency

12  shall set the license fees in an amount that is sufficient to

13  cover its costs in carrying out its responsibilities under

14  this part, but not to exceed $2000 $1,000. However, state,

15  county, or municipal governments applying for licenses under

16  this part are exempt from the payment of license fees.  All

17  fees collected under this part must be deposited in the Health

18  Care Trust Fund for the administration of this part.

19         (11)(9)  The license must be displayed in a conspicuous

20  place in the administrative office of the home health agency

21  and is valid only while in the possession of the person to

22  which it is issued.  The license may not be sold, assigned, or

23  otherwise transferred, voluntarily or involuntarily, and is

24  valid only for the home health agency and location for which

25  originally issued.

26         (12)(10)  A home health agency against whom a

27  revocation or suspension proceeding is pending at the time of

28  license renewal may be issued a provisional license effective

29  until final disposition by the agency of such proceedings. If

30  judicial relief is sought from the final disposition, the

31  


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    CS for SB 484                                 Second Engrossed



 1  court that has jurisdiction may issue a temporary permit for

 2  the duration of the judicial proceeding.

 3         (13)(11)  The agency may not issue a license designated

 4  as certified to a home health agency that fails to satisfy the

 5  requirements of a Medicare certification survey from the

 6  agency.

 7         (14)(12)  The agency may not issue a license to a home

 8  health agency that has any unpaid fines assessed under this

 9  part.

10         Section 6.  Section 400.487, Florida Statutes, is

11  amended to read:

12         400.487  Home health service agreements; physician's,

13  physician's assistant's, and advanced registered nurse

14  practitioner's treatment orders; patient assessment;

15  establishment and review of plan of care; provision of

16  services; orders not to resuscitate.--

17         (1)  Services provided by a home health agency must be

18  covered by an agreement between the home health agency and the

19  patient or the patient's legal representative specifying the

20  home health services to be provided, the rates or charges for

21  services paid with private funds, and the sources method of

22  payment, which may include Medicare, Medicaid, private

23  insurance, personal funds, or a combination thereof. A home

24  health agency providing skilled care must make an assessment

25  of the patient's needs within 48 hours after the start of

26  services.

27         (2)  When required by the provisions of chapter 464;

28  part I, part III, or part V of chapter 468; or chapter 486,

29  the attending physician, physician's assistant, or advanced

30  registered nurse practitioner, acting within his or her

31  respective scope of practice, shall for a patient who is to


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    CS for SB 484                                 Second Engrossed



 1  receive skilled care must establish treatment orders for a

 2  patient who is to receive skilled care. The treatment orders

 3  must be signed by the physician, physician's assistant, or

 4  advanced registered nurse practitioner before a claim for

 5  payment for the skilled services is submitted by the home

 6  health agency. If the claim is submitted to a managed care

 7  organization, the treatment orders must be signed in the time

 8  allowed under the provider agreement. The treatment orders

 9  shall within 30 days after the start of care and must be

10  reviewed, as frequently as the patient's illness requires, by

11  the physician, physician's assistant, or advanced registered

12  nurse practitioner in consultation with the home health agency

13  personnel that provide services to the patient.

14         (3)  A home health agency shall arrange for supervisory

15  visits by a registered nurse to the home of a patient

16  receiving home health aide services in accordance with the

17  patient's direction, and approval, and agreement to pay the

18  charge for the visits.

19         (4)  Each patient has the right to be informed of and

20  to participate in the planning of his or her care. Each

21  patient must be provided, upon request, a copy of the plan of

22  care established and maintained for that patient by the home

23  health agency.

24         (5)  When nursing services are ordered, the home health

25  agency to which a patient has been admitted for care must

26  provide the initial admission visit, all service evaluation

27  visits, and the discharge visit by a direct employee qualified

28  personnel who are on the payroll of, and to whom an IRS

29  payroll form W-2 will be issued by, the home health agency.

30  Services provided by others under contractual arrangements to

31  a home health agency must be monitored and managed by the


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    CS for SB 484                                 Second Engrossed



 1  admitting home health agency. The admitting home health agency

 2  is fully responsible for ensuring that all care provided

 3  through its employees or contract staff is delivered in

 4  accordance with this part and applicable rules.

 5         (6)  The skilled care services provided by a home

 6  health agency, directly or under contract, must be supervised

 7  and coordinated in accordance with the plan of care.

 8         (7)  Home health agency personnel may withhold or

 9  withdraw cardiopulmonary resuscitation if presented with an

10  order not to resuscitate executed pursuant to s. 401.45. The

11  agency shall adopt rules providing for the implementation of

12  such orders. Home health personnel and agencies shall not be

13  subject to criminal prosecution or civil liability, nor be

14  considered to have engaged in negligent or unprofessional

15  conduct, for withholding or withdrawing cardiopulmonary

16  resuscitation pursuant to such an order and rules adopted by

17  the agency.

18         Section 7.  Section 400.491, Florida Statutes, is

19  amended to read:

20         400.491  Clinical records.--

21         (1)  The home health agency must maintain for each

22  patient who receives skilled care a clinical record that

23  includes pertinent past and current medical, nursing, social

24  and other therapeutic information, the treatment orders, and

25  other such information as is necessary for the safe and

26  adequate care of the patient.  When home health services are

27  terminated, the record must show the date and reason for

28  termination.  Such records are considered patient records

29  under s. 400.494 s. 456.057, and must be maintained by the

30  home health agency for 6 5 years following termination of

31  services.  If a patient transfers to another home health


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    CS for SB 484                                 Second Engrossed



 1  agency, a copy of his or her record must be provided to the

 2  other home health agency upon request.

 3         (2)  If a licensed home health agency ceases to remain

 4  in business, it shall notify each patient, whose clinical

 5  records it has in its possession, of the fact that it is

 6  ceasing operations and give each patient 15 calendar days to

 7  retrieve his or her clinical record at a specified location

 8  within 2 hours' driving time of the patient's residence and,

 9  at a minimum, between the hours of 10 a.m. and 3 p.m. Monday

10  through Friday. The home health agency must maintain for each

11  client who receives nonskilled care a service provision plan.

12  Such records must be maintained by the home health agency for

13  1 year following termination of services.

14         Section 8.  Section 400.494, Florida Statutes, is

15  amended to read:

16         400.494  Information about patients confidential.--

17         (1)  Information about patients received by persons

18  employed by, or providing services to, a home health agency or

19  received by the licensing agency through reports or inspection

20  shall be confidential and exempt from the provisions of s.

21  119.07(1) and shall only not be disclosed to any person, other

22  than the patient, as permitted under the provisions of 45

23  C.F.R. ss. 160.102, 160.103, and 164, subpart A, commonly

24  referred to as the HIPAA Privacy Regulation; except that

25  clinical records described in ss. 381.004, 384.29, 385.202,

26  392.65, 394.4615, 395.404, 397.501, and 760.40 shall be

27  disclosed as authorized in those sections without the written

28  consent of that patient or the patient's guardian.

29         (2)  This section does not apply to information

30  lawfully requested by the Medicaid Fraud Control Unit of the

31  Department of Legal Affairs.


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    CS for SB 484                                 Second Engrossed



 1         Section 9.  Subsections (3), (5), (7), (8), (10), (13),

 2  (14), and (17) of section 400.506, Florida Statutes, are

 3  amended to read:

 4         400.506  Licensure of nurse registries; requirements;

 5  penalties.--

 6         (3)  Application for license must be made to the Agency

 7  for Health Care Administration on forms furnished by it and

 8  must be accompanied by the appropriate licensure fee, as

 9  established by rule and not to exceed the cost of regulation

10  under this part.  The licensure fee for nurse registries may

11  not exceed $2,000 $1,000 and must be deposited in the Health

12  Care Trust Fund.

13         (5)  A license issued for the operation of a nurse

14  registry, unless sooner suspended or revoked, expires 2 years

15  1 year after its date of issuance. Sixty days before the

16  expiration date, an application for renewal must be submitted

17  to the Agency for Health Care Administration on forms

18  furnished by it.  The Agency for Health Care Administration

19  shall renew the license if the applicant has met the

20  requirements of this section and applicable rules.  A nurse

21  registry against which a revocation or suspension proceeding

22  is pending at the time of license renewal may be issued a

23  conditional license effective until final disposition by the

24  Agency for Health Care Administration of such proceedings.  If

25  judicial relief is sought from the final disposition, the

26  court having jurisdiction may issue a conditional license for

27  the duration of the judicial proceeding.

28         (7)  A person that provides, offers, or advertises to

29  the public that it provides any service for which licensure is

30  required under this section must include in such advertisement

31  the license number issued to it by the Agency for Health Care


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    CS for SB 484                                 Second Engrossed



 1  Administration. The agency shall assess a fine of not less

 2  than $100 against any licensee who fails to include the

 3  license number when submitting the advertisement for

 4  publication, broadcast, or printing. The fine for a second or

 5  subsequent offense is $500.

 6         (8)(a)  It is unlawful for a person to provide, offer,

 7  or advertise to the public services as defined by rule without

 8  obtaining a valid license from the Agency for Health Care

 9  Administration.  It is unlawful for any holder of a license to

10  advertise or hold out to the public that he or she holds a

11  license for other than that for which he or she actually holds

12  a license.  A person who violates this subsection is subject

13  to injunctive proceedings under s. 400.515.

14         (b)  A person who violates paragraph (a) commits a

15  misdemeanor of the second degree, punishable as provided in s.

16  775.082 or s. 775.083. Any person who commits a second or

17  subsequent violation commits a misdemeanor of the first

18  degree, punishable as provided in s. 775.082 or s. 775.083.

19  Each day of continuing violation is a separate offense.

20         (c)  Any person who owns, operates, or maintains an

21  unlicensed nurse registry and who, after receiving

22  notification from the agency, fails to cease operation is

23  subject to a fine of $500 for each day of noncompliance.

24         (10)(a)  A nurse registry may refer for contract in

25  private residences registered nurses and licensed practical

26  nurses registered and licensed under part I of chapter 464,

27  certified nursing assistants certified under part II of

28  chapter 464, home health aides who present documented proof of

29  successful completion of the training required by rule of the

30  agency, and companions or homemakers for the purposes of

31  providing those services authorized under s. 400.509(1). Each


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    CS for SB 484                                 Second Engrossed



 1  person referred by a nurse registry must provide current

 2  documentation that he or she is free from communicable

 3  diseases.

 4         (b)  A certified nursing assistant or home health aide

 5  may be referred for a contract to provide care to a patient in

 6  his or her home only if that patient is under a physician's

 7  care.  A certified nursing assistant or home health aide

 8  referred for contract in a private residence shall be limited

 9  to assisting a patient with bathing, dressing, toileting,

10  grooming, eating, physical transfer, and those normal daily

11  routines the patient could perform for himself or herself were

12  he or she physically capable.  A certified nursing assistant

13  or home health aide may not provide medical or other health

14  care services that require specialized training and that may

15  be performed only by licensed health care professionals. The

16  nurse registry shall obtain the name and address of the

17  attending physician and send written notification to the

18  physician within 48 hours after a contract is concluded that a

19  certified nursing assistant or home health aide will be

20  providing care for that patient.

21         (c)  When a certified nursing assistant or home health

22  aide is referred to a patient's home by a nurse registry, the

23  nurse registry shall advise the patient, the patient's family,

24  or a person acting on behalf of the patient at the time of

25  contracting for services through the nurse registry of the

26  availability of registered nurses to visit the patient's home

27  to assess the patient's condition at an additional cost. A

28  registered nurse shall make monthly visits to the patient's

29  home to assess the patient's condition and quality of care

30  being provided by the certified nursing assistant or home

31  health aide. Any condition which, in the professional judgment


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    CS for SB 484                                 Second Engrossed



 1  of the nurse, requires further medical attention shall be

 2  reported to the attending physician and the nurse registry.

 3  The assessment shall become a part of the patient's file with

 4  the nurse registry and may be reviewed by the agency during

 5  their survey procedure.

 6         (13)  Each nurse registry must comply with the

 7  procedures set forth in s. 400.512 for maintaining records of

 8  the work employment history of all persons referred for

 9  contract and is subject to the standards and conditions set

10  forth in that section. However, an initial screening may not

11  be required for persons who have been continuously registered

12  with the nurse registry since October 1, 2000 September 30,

13  1990.

14         (14)  The nurse registry must maintain the application

15  on file, and that file must be open to the inspection of the

16  Agency for Health Care Administration.  The nurse registry

17  must maintain on file the name and address of the patient or

18  client to whom the nurse or other nurse registry personnel are

19  referred is sent for contract and the amount of the fee

20  received by the nurse registry. A nurse registry must maintain

21  the file that includes the application and other applicable

22  documentation for 3 years after the date of the last file

23  entry of client-related information.

24         (17)  All persons referred for contract in private

25  residences by a nurse registry must comply with the following

26  requirements for a plan of treatment:

27         (a)  When, in accordance with the privileges and

28  restrictions imposed upon a nurse under part I of chapter 464,

29  the delivery of care to a patient is under the direction or

30  supervision of a physician or when a physician is responsible

31  for the medical care of the patient, a medical plan of


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    CS for SB 484                                 Second Engrossed



 1  treatment must be established for each patient receiving care

 2  or treatment provided by a licensed nurse in the home.  The

 3  original medical plan of treatment must be timely signed by

 4  the physician, physician's assistant, or advanced registered

 5  nurse practitioner, acting within his or her respective scope

 6  of practice, and reviewed by him or her in consultation with

 7  the licensed nurse at least every 2 months.  Any additional

 8  order or change in orders must be obtained from the physician,

 9  physician's assistant, or advanced registered nurse

10  practitioner and reduced to writing and timely signed by the

11  physician, physician's assistant, or advanced registered nurse

12  practitioner.  The delivery of care under a medical plan of

13  treatment must be substantiated by the appropriate nursing

14  notes or documentation made by the nurse in compliance with

15  nursing practices established under part I of chapter 464.

16         (b)  Whenever a medical plan of treatment is

17  established for a patient, the initial medical plan of

18  treatment, any amendment to the plan, additional order or

19  change in orders, and copy of nursing notes must be filed in

20  the office of the nurse registry.

21         Section 10.  Subsection (2) of section 400.512, Florida

22  Statutes, is amended to read:

23         400.512  Screening of home health agency personnel;

24  nurse registry personnel; and companions and homemakers.--The

25  agency shall require employment or contractor screening as

26  provided in chapter 435, using the level 1 standards for

27  screening set forth in that chapter, for home health agency

28  personnel; persons referred for employment by nurse

29  registries; and persons employed by companion or homemaker

30  services registered under s. 400.509.

31  


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    CS for SB 484                                 Second Engrossed



 1         (2)  The administrator of each home health agency, the

 2  managing employee of each nurse registry, and the managing

 3  employee of each companion or homemaker service registered

 4  under s. 400.509 must sign an affidavit annually, under

 5  penalty of perjury, stating that all personnel hired, or

 6  contracted with, or registered on or after October 1, 2000

 7  October 1, 1994, who enter the home of a patient or client in

 8  their service capacity have been screened and that its

 9  remaining personnel have worked for the home health agency or

10  registrant continuously since before October 1, 1994.

11         Section 11.  Section 400.515, Florida Statutes, is

12  amended to read:

13         400.515  Injunction proceedings.--In addition to the

14  other powers provided under this chapter, the Agency for

15  Health Care Administration may institute injunction

16  proceedings in a court of competent jurisdiction to restrain

17  or prevent the establishment or operation of a home health

18  agency or nurse registry that does not have a license or that

19  is in violation of any provision of this part or any rule

20  adopted pursuant to this part. The Agency for Health Care

21  Administration may also institute injunction proceedings in a

22  court of competent jurisdiction when violation of this part or

23  of applicable rules constitutes an emergency affecting the

24  immediate health and safety of a patient or client.

25         Section 12.  This act shall take effect July 1, 2005.

26  

27  

28  

29  

30  

31  


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