| 1 | A bill to be entitled |
| 2 | An act relating to nurse registries and companion- |
| 3 | homemaker organizations; creating s. 400.510, F.S.; |
| 4 | requiring nurse registries and organizations that provide |
| 5 | companion or homemaker services to provide notice to |
| 6 | patients or clients; specifying the contents of the |
| 7 | notice; requiring the notice to be kept for 3 years; |
| 8 | providing an exception; requiring the Agency for Health |
| 9 | Care Administration to develop a form for the notice; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 400.510, Florida Statutes, is created |
| 15 | to read: |
| 16 | 400.510 Client notice.-- |
| 17 | (1) Each nurse registry licensed under s. 400.506 and each |
| 18 | organization registered under s. 400.509 must provide to each |
| 19 | patient or client the following notice that identifies: |
| 20 | (a) The nurse registry or organization as the referring |
| 21 | entity or employer, joint employer, or leasing employer of the |
| 22 | person providing the services; and |
| 23 | (b) With respect to the person providing the services, who |
| 24 | is responsible for: |
| 25 | 1. Daily supervision of the person; |
| 26 | 2. Assigning duties to the person; |
| 27 | 3. Hiring, firing, and disciplining the person; |
| 28 | 4. Providing equipment or materials for use by the person; |
| 29 | 5. Checking the person's references; and |
| 30 | 6. Withholding the person's social security taxes. |
| 31 | (2) The notice must be signed by the patient, the client, |
| 32 | or the legal representative of the patient or client no later |
| 33 | than the date the contract for health care services was executed |
| 34 | and must be retained by the nurse registry or organization at |
| 35 | its office for at least 3 years after the termination of the |
| 36 | contract with the patient or client. |
| 37 | (3) Notice is not required when the person providing the |
| 38 | services is temporarily substituting for the patient's or |
| 39 | client's regular service worker. |
| 40 | (4) The consumer notice shall be on a form developed by |
| 41 | the agency. |
| 42 | Section 2. This act shall take effect July 1, 2009. |