| 1 | A bill to be entitled |
| 2 | An act relating to trust funds of the Agency for Health |
| 3 | Care Administration; terminating the Florida Organ and |
| 4 | Tissue Donor Education and Procurement Trust Fund and the |
| 5 | Resident Protection Trust Fund; providing for the |
| 6 | disposition of the balances in and revenues of the trust |
| 7 | funds; prescribing procedures for the termination of the |
| 8 | trust funds; amending s. 20.425, F.S.; providing for the |
| 9 | administration of the Administrative Trust Fund, the |
| 10 | Grants and Donations Trust Fund, the Health Care Trust |
| 11 | Fund, the Medical Care Trust Fund, the Public Medical |
| 12 | Assistance Trust Fund, the Quality of Long-Term Care |
| 13 | Facility Improvement Trust Fund, and the Refugee |
| 14 | Assistance Trust Fund by the Agency for Health Care |
| 15 | Administration; providing for sources of funds and |
| 16 | purposes; providing for annual carryforward of funds; |
| 17 | revising the date for reversion of specified balances in |
| 18 | the Tobacco Settlement Trust Fund; amending ss. 215.20, |
| 19 | 320.08047, 322.08, 393.0673, and 393.0678, F.S., to |
| 20 | conform; amending s. 394.903, F.S.; conforming a cross- |
| 21 | reference; repealing s. 394.904, F.S., which creates the |
| 22 | Health Care Trust Fund, to conform; amending s. 400.062, |
| 23 | F.S.; to conform; clarifying provisions with respect to |
| 24 | amounts on deposit in the Health Care Trust Fund which |
| 25 | control the setting of specified rates that comprise a |
| 26 | portion of licensing fees for nursing homes and general |
| 27 | health care licensing; removing obsolete language, to |
| 28 | conform; amending ss. 400.063, 400.121, 400.126, 400.162, |
| 29 | 400.966, and 765.515, F.S., to conform; repealing s. |
| 30 | 765.52155, F.S., which creates the Florida Organ and |
| 31 | Tissue Donor Education and Procurement Trust Fund, to |
| 32 | conform; amending s. 765.544, F.S., to conform; providing |
| 33 | an effective date. |
| 34 |
|
| 35 | Be It Enacted by the Legislature of the State of Florida: |
| 36 |
|
| 37 | Section 1. (1) The Florida Organ and Tissue Donor |
| 38 | Education and Procurement Trust Fund within the Agency for |
| 39 | Health Care Administration, FLAIR number 68-2-509, is |
| 40 | terminated. |
| 41 | (2) All current balances remaining in, and all revenues |
| 42 | of, the trust fund shall be transferred to the Health Care Trust |
| 43 | Fund within the Agency for Health Care Administration, FLAIR |
| 44 | number 68-2-003. |
| 45 | (3) The Agency for Health Care Administration shall pay |
| 46 | any outstanding debts and obligations of the terminated fund as |
| 47 | soon as practicable, and the Chief Financial Officer shall close |
| 48 | out and remove the terminated fund from the various state |
| 49 | accounting systems using generally accepted accounting |
| 50 | principles concerning warrants outstanding, assets, and |
| 51 | liabilities. |
| 52 | Section 2. (1) The Resident Protection Trust Fund within |
| 53 | the Agency for Health Care Administration, FLAIR number 68-2- |
| 54 | 522, is terminated. |
| 55 | (2) All current balances remaining in, and all revenues |
| 56 | of, the trust fund shall be transferred to the Health Care Trust |
| 57 | Fund within the Agency for Health Care Administration, FLAIR |
| 58 | number 68-2-003. |
| 59 | (3) The Agency for Health Care Administration shall pay |
| 60 | any outstanding debts and obligations of the terminated fund as |
| 61 | soon as practicable, and the Chief Financial Officer shall close |
| 62 | out and remove the terminated fund from the various state |
| 63 | accounting systems using generally accepted accounting |
| 64 | principles concerning warrants outstanding, assets, and |
| 65 | liabilities. |
| 66 | Section 3. Section 20.425, Florida Statutes, is amended to |
| 67 | read: |
| 68 | 20.425 Agency for Health Care Administration; trust funds |
| 69 | Tobacco Settlement Trust Fund.--The following trust funds shall |
| 70 | be administered by the Agency for Health Care Administration: |
| 71 | (1) Administrative Trust Fund. |
| 72 | (a) Funds to be credited to and uses of the trust fund |
| 73 | shall be administered in accordance with the provisions of s. |
| 74 | 215.32. |
| 75 | (b) Notwithstanding the provisions of s. 216.301 and |
| 76 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 77 | of any fiscal year shall remain in the trust fund at the end of |
| 78 | the year and shall be available for carrying out the purposes of |
| 79 | the trust fund. |
| 80 | (2) Grants and Donations Trust Fund. |
| 81 | (a) Funds to be credited to and uses of the trust fund |
| 82 | shall be administered in accordance with the provisions of ss. |
| 83 | 215.32 and 409.916. |
| 84 | (b) Notwithstanding the provisions of s. 216.301 and |
| 85 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 86 | of any fiscal year shall remain in the trust fund at the end of |
| 87 | the year and shall be available for carrying out the purposes of |
| 88 | the trust fund. |
| 89 | (3) Health Care Trust Fund. |
| 90 | (a) Funds to be credited to and uses of the trust fund |
| 91 | shall be administered in accordance with the provisions of ss. |
| 92 | 400.063 and 408.16. |
| 93 | (b) Notwithstanding the provisions of s. 216.301 and |
| 94 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 95 | of any fiscal year shall remain in the trust fund at the end of |
| 96 | the year and shall be available for carrying out the purposes of |
| 97 | the trust fund. |
| 98 | (4) Medical Care Trust Fund. |
| 99 | (a) Funds to be credited to the trust fund shall consist |
| 100 | of receipts from federal grants and shall be used for the |
| 101 | purpose of providing health care services to individuals |
| 102 | eligible pursuant to the requirement and limitation of Title XIX |
| 103 | and Title XXI of the Social Security Act, as amended, and for |
| 104 | other such purposes as may be appropriate. |
| 105 | (b) Notwithstanding the provisions of s. 216.301 and |
| 106 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 107 | of any fiscal year shall remain in the trust fund at the end of |
| 108 | the year and shall be available for carrying out the purposes of |
| 109 | the trust fund. |
| 110 | (5) Public Medical Assistance Trust Fund. |
| 111 | (a) Funds to be credited to and uses of the trust fund |
| 112 | shall be administered in accordance with the provisions of ss. |
| 113 | 394.4786 and 409.918. |
| 114 | (b) Notwithstanding the provisions of s. 216.301 and |
| 115 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 116 | of any fiscal year shall remain in the trust fund at the end of |
| 117 | the year and shall be available for carrying out the purposes of |
| 118 | the trust fund. |
| 119 | (6) Quality of Long-Term Care Facility Improvement Trust |
| 120 | Fund. |
| 121 | (a) Funds to be credited to and uses of the trust fund |
| 122 | shall be administered in accordance with the provisions of s. |
| 123 | 400.0239. |
| 124 | (b) Notwithstanding the provisions of s. 216.301 and |
| 125 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 126 | of any fiscal year shall remain in the trust fund at the end of |
| 127 | the year and shall be available for carrying out the purposes of |
| 128 | the trust fund. |
| 129 | (7) Refugee Assistance Trust Fund. |
| 130 | (a) Funds to be credited to the trust fund shall consist |
| 131 | of federal grant funds under the Refugee Resettlement Program |
| 132 | and the Cuban/Haitian Entrant Program and shall be used for the |
| 133 | purpose of providing medical assistance to individuals eligible |
| 134 | pursuant to the requirements and limitations of 45 C.F.R. parts |
| 135 | 400 and 401, as amended, or any other applicable federal |
| 136 | requirement or limitation. |
| 137 | (b) Notwithstanding the provisions of s. 216.301 and |
| 138 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 139 | of any fiscal year shall remain in the trust fund at the end of |
| 140 | the year and shall be available for carrying out the purposes of |
| 141 | the trust fund. |
| 142 | (8) Tobacco Settlement Trust Fund. |
| 143 | (a) The Agency for Health Care Administration Tobacco |
| 144 | Settlement Trust Fund is created within the agency. Funds to be |
| 145 | credited to the trust fund shall consist of funds disbursed, by |
| 146 | nonoperating transfer, from the Department of Financial Services |
| 147 | Tobacco Settlement Clearing Trust Fund in amounts equal to the |
| 148 | annual appropriations made from this trust fund. |
| 149 | (b)(2) Notwithstanding the provisions of s. 216.301 and |
| 150 | pursuant to s. 216.351, any unencumbered balance in the trust |
| 151 | fund at the end of any fiscal year and any encumbered balance |
| 152 | remaining undisbursed on September 30 December 31 of the same |
| 153 | calendar year shall revert to the Department of Financial |
| 154 | Services Tobacco Settlement Clearing Trust Fund. |
| 155 | Section 4. Paragraph (a) of subsection (4) of section |
| 156 | 215.20, Florida Statutes, is amended to read: |
| 157 | 215.20 Certain income and certain trust funds to |
| 158 | contribute to the General Revenue Fund.-- |
| 159 | (4) The income of a revenue nature deposited in the |
| 160 | following described trust funds, by whatever name designated, is |
| 161 | that from which the appropriations authorized by subsection (3) |
| 162 | shall be made: |
| 163 | (a) Within the Agency for Health Care Administration,: |
| 164 | 1. The Florida Organ and Tissue Donor Education and |
| 165 | Procurement Trust Fund. |
| 166 | 2. the Health Care Trust Fund. |
| 167 | 3. The Resident Protection Trust Fund. |
| 168 |
|
| 169 | The enumeration of the foregoing moneys or trust funds shall not |
| 170 | prohibit the applicability thereto of s. 215.24 should the |
| 171 | Governor determine that for the reasons mentioned in s. 215.24 |
| 172 | the money or trust funds should be exempt herefrom, as it is the |
| 173 | purpose of this law to exempt income from its force and effect |
| 174 | when, by the operation of this law, federal matching funds or |
| 175 | contributions or private grants to any trust fund would be lost |
| 176 | to the state. |
| 177 | Section 5. Section 320.08047, Florida Statutes, is amended |
| 178 | to read: |
| 179 | 320.08047 Voluntary contribution for organ and tissue |
| 180 | donor education.--As a part of the collection process for |
| 181 | license taxes as specified in s. 320.08, individuals shall be |
| 182 | permitted to make a voluntary contribution of $1, which |
| 183 | contribution shall be deposited into the Health Care Trust Fund |
| 184 | Florida Organ and Tissue Donor Education and Procurement Trust |
| 185 | Fund for organ and tissue donor education and for maintaining |
| 186 | the organ and tissue donor registry. |
| 187 | Section 6. Paragraph (b) of subsection (6) of section |
| 188 | 322.08, Florida Statutes, is amended to read: |
| 189 | 322.08 Application for license.-- |
| 190 | (6) The application form for a driver's license or |
| 191 | duplicate thereof shall include language permitting the |
| 192 | following: |
| 193 | (b) A voluntary contribution of $1 per applicant, which |
| 194 | contribution shall be deposited into the Health Care Trust Fund |
| 195 | Florida Organ and Tissue Donor Education and Procurement Trust |
| 196 | Fund for organ and tissue donor education and for maintaining |
| 197 | the organ and tissue donor registry. |
| 198 |
|
| 199 | A statement providing an explanation of the purpose of the trust |
| 200 | funds shall also be included. For the purpose of applying the |
| 201 | service charge provided in s. 215.20, contributions received |
| 202 | under paragraphs (c), (d), (e), and (f) and under s. |
| 203 | 322.18(9)(a) are not income of a revenue nature. |
| 204 | Section 7. Subsection (3) of section 393.0673, Florida |
| 205 | Statutes, is amended to read: |
| 206 | 393.0673 Denial, suspension, revocation of license; |
| 207 | moratorium on admissions; administrative fines; procedures.-- |
| 208 | (3) The agency, as a part of any final order issued by it |
| 209 | under this chapter, may impose such fine as it deems proper, |
| 210 | except that such fine may not exceed $1,000 for each violation. |
| 211 | Each day a violation of this chapter occurs constitutes a |
| 212 | separate violation and is subject to a separate fine, but in no |
| 213 | event may the aggregate amount of any fine exceed $10,000. Fines |
| 214 | paid by any facility licensee under the provisions of this |
| 215 | subsection shall be deposited in the Health Care Trust Fund |
| 216 | Resident Protection Trust Fund and expended as provided in s. |
| 217 | 400.063. |
| 218 | Section 8. Subsection (11) of section 393.0678, Florida |
| 219 | Statutes, is amended to read: |
| 220 | 393.0678 Receivership proceedings.-- |
| 221 | (11) Nothing in this section shall be deemed to relieve |
| 222 | any owner, operator, or employee of a facility placed in |
| 223 | receivership of any civil or criminal liability incurred, or any |
| 224 | duty imposed by law, by reason of acts or omissions of the |
| 225 | owner, operator, or employee before the appointment of a |
| 226 | receiver; nor shall anything contained in this section be |
| 227 | construed to suspend during the receivership any obligation of |
| 228 | the owner, operator, or employee for payment of taxes or other |
| 229 | operating and maintenance expenses of the facility or any |
| 230 | obligation of the owner, operator, or employee or any other |
| 231 | person for the payment of mortgages or liens. The owner shall |
| 232 | retain the right to sell or mortgage any facility under |
| 233 | receivership, subject to the approval of the court which ordered |
| 234 | the receivership. A receivership imposed under the provisions of |
| 235 | this chapter shall be subject to the Health Care Trust Fund |
| 236 | Resident Protection Trust Fund pursuant to s. 400.063. The owner |
| 237 | of a facility placed in receivership by the court shall be |
| 238 | liable for all expenses and costs incurred by the Health Care |
| 239 | Trust Fund Resident Protection Trust Fund which occur as a |
| 240 | result of the receivership. |
| 241 | Section 9. Subsection (11) of section 394.903, Florida |
| 242 | Statutes, is amended to read: |
| 243 | 394.903 Receivership proceedings.-- |
| 244 | (11) Nothing in this section shall be construed to relieve |
| 245 | any owner, operator, or employee of a unit or facility placed in |
| 246 | receivership of any civil or criminal liability incurred, or any |
| 247 | duty imposed by law, by reason of acts or omissions of the |
| 248 | owner, operator, or employee prior to the appointment of a |
| 249 | receiver; nor shall anything contained in this section be |
| 250 | construed to suspend during the receivership any obligation of |
| 251 | the owner, operator, or employee for payment of taxes or other |
| 252 | operating and maintenance expenses of the unit or facility or of |
| 253 | the owner, operator, or employee or any other person for the |
| 254 | payment of mortgages or liens. The owner shall retain the right |
| 255 | to sell or mortgage any unit or facility under receivership, |
| 256 | subject to approval of the court which ordered the receivership. |
| 257 | Receivership imposed under the provisions of this chapter shall |
| 258 | be subject to the Health Care Trust Fund pursuant to s. 408.16 |
| 259 | 394.904. The owner of a facility placed in receivership by the |
| 260 | court shall be liable for all expenses and costs incurred by the |
| 261 | Health Care Trust Fund which occur as a result of the |
| 262 | receivership. |
| 263 | Section 10. Section 394.904, Florida Statutes, is |
| 264 | repealed. |
| 265 | Section 11. Subsection (3) of section 400.062, Florida |
| 266 | Statutes, is amended to read: |
| 267 | 400.062 License required; fee; disposition.-- |
| 268 | (3) In accordance with s. 408.805, an applicant or |
| 269 | licensee shall pay a fee for each license application submitted |
| 270 | under this part, part II of chapter 408, and applicable rules. |
| 271 | The license fee shall be comprised of two parts. Part I of the |
| 272 | license fee shall be the basic license fee. The rate per bed for |
| 273 | the basic license fee shall be established biennially and shall |
| 274 | be $100 per bed unless modified by rule. Part II of the license |
| 275 | fee shall be the resident protection fee, which shall be at the |
| 276 | rate of not less than 50 cents per bed. The rate per bed shall |
| 277 | be the minimum rate per bed, and such rate shall remain in |
| 278 | effect until the effective date of a rate per bed adopted by |
| 279 | rule by the agency pursuant to this part. At such time as the |
| 280 | amount on deposit in the Health Care Trust Fund Resident |
| 281 | Protection Trust Fund for resident protection is less than $1 |
| 282 | million, the agency may adopt rules to establish a rate which |
| 283 | may not exceed $20 per bed. The rate per bed shall revert back |
| 284 | to the minimum rate per bed when the amount on deposit in the |
| 285 | Health Care Trust Fund Resident Protection Trust Fund for |
| 286 | resident protection reaches $1 million, except that any rate |
| 287 | established by rule shall remain in effect until such time as |
| 288 | the rate has been equally required for each license issued under |
| 289 | this part. Any amount in the fund in excess of $2 million shall |
| 290 | revert to the Health Care Trust Fund and may not be expended |
| 291 | without prior approval of the Legislature. The agency may |
| 292 | prorate the biennial license fee for those licenses which it |
| 293 | issues under this part for less than 2 years. The resident |
| 294 | protection fee collected shall be deposited in the Health Care |
| 295 | Trust Fund Resident Protection Trust Fund for the sole purpose |
| 296 | of paying, in accordance with the provisions of s. 400.063, for |
| 297 | the appropriate alternate placement, care, and treatment of a |
| 298 | resident removed from a nursing home facility on a temporary, |
| 299 | emergency basis or for the maintenance and care of residents in |
| 300 | a nursing home facility pending removal and alternate placement. |
| 301 | Section 12. Subsections (1), (2), and (3) of section |
| 302 | 400.063, Florida Statutes, are amended to read: |
| 303 | 400.063 Resident protection Trust Fund.-- |
| 304 | (1) The Health Care Trust Fund A Resident Protection Trust |
| 305 | Fund shall be used established for the purpose of collecting and |
| 306 | disbursing funds generated from the license fees and |
| 307 | administrative fines as provided for in ss. 393.0673(3)(2), |
| 308 | 400.062(3), 400.121(2), and 400.23(8). Such funds shall be for |
| 309 | the sole purpose of paying for the appropriate alternate |
| 310 | placement, care, and treatment of residents who are removed from |
| 311 | a facility licensed under this part or a facility specified in |
| 312 | s. 393.0678(1) in which the agency determines that existing |
| 313 | conditions or practices constitute an immediate danger to the |
| 314 | health, safety, or security of the residents. If the agency |
| 315 | determines that it is in the best interest of the health, |
| 316 | safety, or security of the residents to provide for an orderly |
| 317 | removal of the residents from the facility, the agency may |
| 318 | utilize such funds to maintain and care for the residents in the |
| 319 | facility pending removal and alternative placement. The |
| 320 | maintenance and care of the residents shall be under the |
| 321 | direction and control of a receiver appointed pursuant to s. |
| 322 | 393.0678(1) or s. 400.126(1). However, funds may be expended in |
| 323 | an emergency upon a filing of a petition for a receiver, upon |
| 324 | the declaration of a state of local emergency pursuant to s. |
| 325 | 252.38(3)(a)5., or upon a duly authorized local order of |
| 326 | evacuation of a facility by emergency personnel to protect the |
| 327 | health and safety of the residents. |
| 328 | (2) The agency is authorized to establish for each |
| 329 | facility, subject to intervention by the agency, a separate bank |
| 330 | account for the deposit to the credit of the agency of any |
| 331 | moneys received from the Health Care Trust Fund Resident |
| 332 | Protection Trust Fund or any other moneys received for the |
| 333 | maintenance and care of residents in the facility, and the |
| 334 | agency is authorized to disburse moneys from such account to pay |
| 335 | obligations incurred for the purposes of this section. The |
| 336 | agency is authorized to requisition moneys from the Health Care |
| 337 | Trust Fund Resident Protection Trust Fund in advance of an |
| 338 | actual need for cash on the basis of an estimate by the agency |
| 339 | of moneys to be spent under the authority of this section. Any |
| 340 | bank account established under this section need not be approved |
| 341 | in advance of its creation as required by s. 17.58, but shall be |
| 342 | secured by depository insurance equal to or greater than the |
| 343 | balance of such account or by the pledge of collateral security |
| 344 | in conformance with criteria established in s. 18.11. The agency |
| 345 | shall notify the Chief Financial Officer of any such account so |
| 346 | established and shall make a quarterly accounting to the Chief |
| 347 | Financial Officer for all moneys deposited in such account. |
| 348 | (3) Funds authorized under this section shall be expended |
| 349 | on behalf of all residents transferred to an alternate |
| 350 | placement, at the usual and customary charges of the facility |
| 351 | used for the alternate placement, provided no other source of |
| 352 | private or public funding is available. However, such funds may |
| 353 | not be expended on behalf of a resident who is eligible for |
| 354 | Title XIX of the Social Security Act, if the alternate placement |
| 355 | accepts Title XIX of the Social Security Act. Funds shall be |
| 356 | utilized for maintenance and care of residents in a facility in |
| 357 | receivership only to the extent private or public funds, |
| 358 | including funds available under Title XIX of the Social Security |
| 359 | Act, are not available or are not sufficient to adequately |
| 360 | manage and operate the facility, as determined by the agency. |
| 361 | The existence of the Health Care Trust Fund Resident Protection |
| 362 | Trust Fund shall not make the agency liable for the maintenance |
| 363 | of any resident in any facility. The state shall be liable for |
| 364 | the cost of alternate placement of residents removed from a |
| 365 | deficient facility, or for the maintenance of residents in a |
| 366 | facility in receivership, only to the extent that funds are |
| 367 | available in the Health Care Trust Fund Resident Protection |
| 368 | Trust Fund. |
| 369 | Section 13. Subsection (2) of section 400.121, Florida |
| 370 | Statutes, is amended to read: |
| 371 | 400.121 Denial, suspension, revocation of license; |
| 372 | administrative fines; procedure; order to increase staffing.-- |
| 373 | (2) Except as provided in s. 400.23(8), a $500 fine shall |
| 374 | be imposed for each violation. Each day a violation of this part |
| 375 | or part II of chapter 408 occurs constitutes a separate |
| 376 | violation and is subject to a separate fine, but in no event may |
| 377 | any fine aggregate more than $5,000. A fine may be levied |
| 378 | pursuant to this section in lieu of and notwithstanding the |
| 379 | provisions of s. 400.23. Fines paid shall be deposited in the |
| 380 | Health Care Trust Fund Resident Protection Trust Fund and |
| 381 | expended as provided in s. 400.063. |
| 382 | Section 14. Subsection (11) of section 400.126, Florida |
| 383 | Statutes, is amended to read: |
| 384 | 400.126 Receivership proceedings.-- |
| 385 | (11) Nothing in this section shall be deemed to relieve |
| 386 | any owner, administrator, or employee of a facility placed in |
| 387 | receivership of any civil or criminal liability incurred, or of |
| 388 | any duty imposed by law, by reason of acts or omissions of the |
| 389 | owner, administrator, or employee prior to the appointment of a |
| 390 | receiver; nor shall anything contained in this section be |
| 391 | construed to suspend during the receivership any obligation of |
| 392 | the owner, administrator, or employee for payment of taxes or |
| 393 | other operating and maintenance expenses of the facility, or of |
| 394 | the owner, administrator, employee, or any other person for the |
| 395 | payment of mortgages or liens. The owner shall retain the right |
| 396 | to sell or mortgage any facility under receivership, subject to |
| 397 | approval of the court which ordered the receivership. A licensee |
| 398 | that is placed in receivership by the court is liable for all |
| 399 | expenses and costs incurred by the Health Care Trust Fund |
| 400 | Resident Protection Trust Fund that are related to capital |
| 401 | improvement and operating costs and are no more than 10 percent |
| 402 | above the facility's Medicaid rate which occur as a result of |
| 403 | the receivership. |
| 404 | Section 15. Subsection (6) of section 400.162, Florida |
| 405 | Statutes, is amended to read: |
| 406 | 400.162 Property and personal affairs of residents.-- |
| 407 | (6) In the event of the death of a resident, a licensee |
| 408 | shall return all refunds and funds held in trust to the |
| 409 | resident's personal representative, if one has been appointed at |
| 410 | the time the nursing home disburses such funds, and if not, to |
| 411 | the resident's spouse or adult next of kin named in a |
| 412 | beneficiary designation form provided by the nursing home to the |
| 413 | resident. In the event the resident has no spouse or adult next |
| 414 | of kin or such person cannot be located, funds due to the |
| 415 | resident shall be placed in an interest-bearing account in a |
| 416 | bank, savings association, trust company, or credit union |
| 417 | located in this state and, if possible, located within the same |
| 418 | district in which the facility is located, which funds shall not |
| 419 | be represented as part of the assets of the facility on a |
| 420 | financial statement, and the licensee shall maintain such |
| 421 | account until such time as the trust funds are disbursed |
| 422 | pursuant to the provisions of the Florida Probate Code. All |
| 423 | other property of a deceased resident being held in trust by the |
| 424 | licensee shall be returned to the resident's personal |
| 425 | representative, if one has been appointed at the time the |
| 426 | nursing home disburses such property, and if not, to the |
| 427 | resident's spouse or adult next of kin named in a beneficiary |
| 428 | designation form provided by the nursing home to the resident. |
| 429 | In the event the resident has no spouse or adult next of kin or |
| 430 | such person cannot be located, property being held in trust |
| 431 | shall be safeguarded until such time as the property is |
| 432 | disbursed pursuant to the provisions of the Florida Probate |
| 433 | Code. The trust funds and property of deceased residents shall |
| 434 | be kept separate from the funds and the property of the licensee |
| 435 | and from the funds and property of the residents of the |
| 436 | facility. The nursing home needs to maintain only one account in |
| 437 | which the trust funds amounting to less than $100 of deceased |
| 438 | residents are placed. However, it shall be the obligation of the |
| 439 | nursing home to maintain adequate records to permit compilation |
| 440 | of interest due each individual resident's account. Separate |
| 441 | accounts shall be maintained with respect to trust funds of |
| 442 | deceased residents equal to or in excess of $100. In the event |
| 443 | the trust funds of the deceased resident are not disbursed |
| 444 | pursuant to the provisions of the Florida Probate Code within 2 |
| 445 | years of the death of the resident, the trust funds shall be |
| 446 | deposited in the Health Care Trust Fund Resident Protection |
| 447 | Trust Fund and expended as provided for in s. 400.063, |
| 448 | notwithstanding the provisions of any other law of this state. |
| 449 | Any other property of a deceased resident held in trust by a |
| 450 | licensee which is not disbursed in accordance with the |
| 451 | provisions of the Florida Probate Code shall escheat to the |
| 452 | state as provided by law. |
| 453 | Section 16. Subsection (14) of section 400.966, Florida |
| 454 | Statutes, is amended to read: |
| 455 | 400.966 Receivership proceeding.-- |
| 456 | (14) This section does not relieve any owner, operator, or |
| 457 | employee of a facility placed in receivership of any civil or |
| 458 | criminal liability incurred, or any duty imposed by law, by |
| 459 | reason of acts or omissions of the owner, operator, or employee |
| 460 | before the appointment of a receiver, and this section does not |
| 461 | suspend during the receivership any obligation of the owner, |
| 462 | operator, or employee for payment of taxes or other operating |
| 463 | and maintenance expenses of the facility or any obligation of |
| 464 | the owner, operator, or employee or any other person for the |
| 465 | payment of mortgages or liens. The owner shall retain the right |
| 466 | to sell or mortgage any facility under receivership, subject to |
| 467 | the approval of the court that ordered the receivership. A |
| 468 | receivership imposed under this section is subject to the Health |
| 469 | Care Trust Fund Resident Protection Trust Fund pursuant to s. |
| 470 | 400.063. The owner of a facility placed in receivership by the |
| 471 | court is liable for all expenses and costs incurred by the |
| 472 | Health Care Trust Fund Resident Protection Trust Fund which |
| 473 | occur as a result of the receivership. |
| 474 | Section 17. Subsection (4) of section 765.515, Florida |
| 475 | Statutes, is amended to read: |
| 476 | 765.515 Delivery of document; organ and tissue donor |
| 477 | registry.-- |
| 478 | (4) The Agency for Health Care Administration and the |
| 479 | Department of Highway Safety and Motor Vehicles shall develop |
| 480 | and implement an organ and tissue donor registry which shall |
| 481 | record, through electronic means, organ and tissue donation |
| 482 | documents submitted through the driver license identification |
| 483 | program or by other sources. The registry shall be maintained in |
| 484 | a manner which will allow, through electronic and telephonic |
| 485 | methods, immediate access to organ and tissue donation documents |
| 486 | 24 hours a day, 7 days a week. Hospitals, organ and tissue |
| 487 | procurement agencies, and other parties identified by the agency |
| 488 | by rule shall be allowed access through coded means to the |
| 489 | information stored in the registry. Costs for the organ and |
| 490 | tissue donor registry shall be paid from the Health Care Trust |
| 491 | Fund Florida Organ and Tissue Donor Education and Procurement |
| 492 | Trust Fund created by s. 765.52155. Only those funds deposited |
| 493 | into the Health Care Trust Fund pursuant to ss. 320.08047 and |
| 494 | 322.08 Florida Organ and Tissue Donor Education and Procurement |
| 495 | Trust Fund shall be utilized by the Agency for Health Care |
| 496 | Administration for maintaining the organ and tissue donor |
| 497 | registry and for organ and tissue donor education. |
| 498 | Section 18. Section 765.52155, Florida Statutes, is |
| 499 | repealed. |
| 500 | Section 19. Subsection (3) of section 765.544, Florida |
| 501 | Statutes, is amended to read: |
| 502 | 765.544 Fees; Florida organ and tissue donor education and |
| 503 | procurement Trust Fund.-- |
| 504 | (3)(a) Proceeds from fees, administrative penalties, and |
| 505 | surcharges collected pursuant to this section must be deposited |
| 506 | into the Health Care Trust Fund Florida Organ and Tissue Donor |
| 507 | Education and Procurement Trust Fund created by s. 765.52155. |
| 508 | (b) Moneys deposited in the trust fund pursuant to this |
| 509 | section must be used exclusively for the implementation, |
| 510 | administration, and operation of the certification program and |
| 511 | the advisory board, for maintaining the organ and tissue donor |
| 512 | registry, and for organ and tissue donor education. |
| 513 | Section 20. This act shall take effect July 1, 2008. |