Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1736
       
       
       
       
       
       
                                Barcode 770156                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Budget (Flores) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 3561 and 3562
    4  insert:
    5         Section 88. Section 430.81, Florida Statutes, is created to
    6  read:
    7         430.81 Implementation of a teaching agency for home and
    8  community-based care.—
    9         (1) As used in this section, the term “teaching agency for
   10  home and community-based care” means a home health agency that
   11  is licensed under part III of chapter 400 and has access to a
   12  resident population of sufficient size to support education,
   13  training, and research relating to geriatric care.
   14         (2) The Department of Elderly Affairs may designate a home
   15  health agency as a teaching agency for home and community-based
   16  care if the home health agency:
   17         (a) Has been a not-for-profit, designated community care
   18  for the elderly lead agency for home and community-based
   19  services for more than 10 consecutive years.
   20         (b) Participates in a nationally recognized accreditation
   21  program and holds a valid accreditation, such as the
   22  accreditation awarded by the Community Health Accreditation
   23  Program.
   24         (c) Has been in business in this state for a minimum of 20
   25  consecutive years.
   26         (d) Demonstrates an active program in multidisciplinary
   27  education and research that relates to gerontology.
   28         (e) Has a formalized affiliation agreement with at least
   29  one established academic research university that has a
   30  nationally accredited health professions program in this state.
   31         (f) Has salaried academic faculty from a nationally
   32  accredited health professions program.
   33         (g) Is a Medicare- and Medicaid-certified home health
   34  agency that has participated in the nursing home diversion
   35  program for a minimum of 5 consecutive years.
   36         (h) Maintains insurance coverage pursuant to s.
   37  400.141(1)(s) or proof of financial responsibility in a minimum
   38  amount of $750,000. Such proof of financial responsibility may
   39  include:
   40         1. Maintaining an escrow account consisting of cash or
   41  assets eligible for deposit in accordance with s. 625.52; or
   42         2. Obtaining and maintaining pursuant to chapter 675 an
   43  unexpired, irrevocable, nontransferable, and nonassignable
   44  letter of credit issued by any bank or savings association
   45  authorized to do business in this state. This letter of credit
   46  shall be used to satisfy the obligation of the agency to the
   47  claimant upon presentation of a final judgment indicating
   48  liability and awarding damages to be paid by the facility or
   49  upon presentment of a settlement agreement signed by all parties
   50  to the agreement when such final judgment or settlement is a
   51  result of a liability claim against the agency.
   52         (3) A teaching agency for home and community-based care may
   53  be affiliated with an academic health center in this state. The
   54  purpose of such affiliation is to foster the development of
   55  methods for improving and expanding the capability of home
   56  health agencies to respond to the medical, health care,
   57  psychological, and social needs of frail and elderly persons by
   58  providing the most effective and appropriate services. A
   59  teaching agency for home and community-based care shall serve as
   60  a resource for research and for training health care
   61  professionals in providing health care services in homes and
   62  community-based settings to frail and elderly persons.
   63  
   64  ================= T I T L E  A M E N D M E N T ================
   65         And the title is amended as follows:
   66         Delete line 304
   67  and insert:
   68         issuance of conditional licenses; creating s. 430.81,
   69         F.S.; providing a definition; authorizing the
   70         Department of Elderly Affairs to designate a home
   71         health agency as a teaching agency for home and
   72         community-based care; establishing criteria for
   73         qualification; authorizing a teaching agency to be
   74         affiliated with an academic research university in the
   75         state which meets certain criteria; authorizing a
   76         teaching agency to be affiliated with an academic
   77         health center; repealing s.