Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1736
       
       
       
       
       
       
                                Barcode 731102                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2011           .                                
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       The Committee on Health Regulation (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 2882 - 2908
    4  and insert:
    5         Section 70. Paragraphs (i) and (j) of subsection (1) and
    6  subsection (3) of section 429.41, Florida Statutes, are amended,
    7  and present subsections (4) and (5) of that section are
    8  renumbered subsections (3) and (4), respectively, to read:
    9         429.41 Rules establishing standards.—
   10         (1) It is the intent of the Legislature that rules
   11  published and enforced pursuant to this section shall include
   12  criteria by which a reasonable and consistent quality of
   13  resident care and quality of life may be ensured and the results
   14  of such resident care may be demonstrated. Such rules shall also
   15  ensure a safe and sanitary environment that is residential and
   16  noninstitutional in design or nature. It is further intended
   17  that reasonable efforts be made to accommodate the needs and
   18  preferences of residents to enhance the quality of life in a
   19  facility. The agency, in consultation with the department, may
   20  adopt rules to administer the requirements of part II of chapter
   21  408. In order to provide safe and sanitary facilities and the
   22  highest quality of resident care accommodating the needs and
   23  preferences of residents, the department, in consultation with
   24  the agency, the Department of Children and Family Services, and
   25  the Department of Health, shall adopt rules, policies, and
   26  procedures to administer this part, which must include
   27  reasonable and fair minimum standards in relation to:
   28         (i) Facilities holding an a limited nursing, extended
   29  congregate care, or limited mental health license.
   30         (j) The establishment of specific criteria to define
   31  appropriateness of resident admission and continued residency in
   32  a facility holding a standard, limited nursing, extended
   33  congregate care, and limited mental health license.
   34         (3) The department shall submit a copy of proposed rules to
   35  the Speaker of the House of Representatives, the President of
   36  the Senate, and appropriate committees of substance for review
   37  and comment prior to the promulgation thereof. Rules promulgated
   38  by the department shall encourage the development of homelike
   39  facilities which promote the dignity, individuality, personal
   40  strengths, and decisionmaking ability of residents.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43         And the title is amended as follows:
   44         Delete line 235
   45  and insert:
   46         changes made by the act; deleting the requirement for
   47         the Department of Elderly Affairs to submit to the
   48         Legislature a copy of proposed rules regarding the
   49         quality of resident care in an assisted living
   50         facility; amending s. 429.53, F.S.;