Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1292
       
       
       
       
       
       
                                Barcode 390670                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/09/2012 05:47 PM       .                                
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 86 - 121
    4  and insert:
    5         Section 2. Paragraphs (p), (q), (s), (t), (u), (v), (w) of
    6  subsection (1) of section 400.141, Florida Statutes, are
    7  redesignated as paragraphs (o), (p), (q), (r), (s), (t), and
    8  (u), respectively, and present paragraphs (g), (j), (n), (o),
    9  (p), (q), (r),and (s) of that subsection are amended, to read:
   10         400.141 Administration and management of nursing home
   11  facilities.—
   12         (1) Every licensed facility shall comply with all
   13  applicable standards and rules of the agency and shall:
   14         (g) If the facility has a standard license or is a Gold
   15  Seal facility, exceeds the minimum required hours of licensed
   16  nursing and certified nursing assistant direct care per resident
   17  per day, and is part of a continuing care facility licensed
   18  under chapter 651 or a retirement community that offers other
   19  services pursuant to part III of this chapter or part I or part
   20  III of chapter 429 on a single campus, be allowed to share
   21  programming and staff. At the time of inspection and in the
   22  semiannual report required pursuant to paragraph (o), a
   23  continuing care facility or retirement community that uses this
   24  option must demonstrate through staffing records that minimum
   25  staffing requirements for the facility were met. Licensed nurses
   26  and certified nursing assistants who work in the nursing home
   27  facility may be used to provide services elsewhere on campus if
   28  the facility exceeds the minimum number of direct care hours
   29  required per resident per day and the total number of residents
   30  receiving direct care services from a licensed nurse or a
   31  certified nursing assistant does not cause the facility to
   32  violate the staffing ratios required under s. 400.23(3)(a).
   33  Compliance with the minimum staffing ratios must shall be based
   34  on the total number of residents receiving direct care services,
   35  regardless of where they reside on campus. If the facility
   36  receives a conditional license, it may not share staff until the
   37  conditional license status ends. This paragraph does not
   38  restrict the agency’s authority under federal or state law to
   39  require additional staff if a facility is cited for deficiencies
   40  in care which are caused by an insufficient number of certified
   41  nursing assistants or licensed nurses. The agency may adopt
   42  rules for the documentation necessary to determine compliance
   43  with this provision.
   44         (j) Keep full records of resident admissions and
   45  discharges; medical and general health status, including medical
   46  records, personal and social history, and identity and address
   47  of next of kin or other persons who may have responsibility for
   48  the affairs of the resident residents; and individual resident
   49  care plans, including, but not limited to, prescribed services,
   50  service frequency and duration, and service goals. The records
   51  must shall be open to agency inspection by the agency. The
   52  licensee shall maintain clinical records on each resident in
   53  accordance with accepted professional standards and practices,
   54  which must be complete, accurately documented, readily
   55  accessible, and systematically organized.
   56         (n) Submit to the agency the information specified in s.
   57  400.071(1)(b) for a management company within 30 days after the
   58  effective date of the management agreement.
   59         (o)1. Submit semiannually to the agency, or more frequently
   60  if requested by the agency, information regarding facility
   61  staff-to-resident ratios, staff turnover, and staff stability,
   62  including information regarding certified nursing assistants,
   63  licensed nurses, the director of nursing, and the facility
   64  administrator. For purposes of this reporting:
   65         a. Staff-to-resident ratios must be reported in the
   66  categories specified in s. 400.23(3)(a) and applicable rules.
   67  The ratio must be reported as an average for the most recent
   68  calendar quarter.
   69         b. Staff turnover must be reported for the most recent 12
   70  month period ending on the last workday of the most recent
   71  calendar quarter prior to the date the information is submitted.
   72  The turnover rate must be computed quarterly, with the annual
   73  rate being the cumulative sum of the quarterly rates. The
   74  turnover rate is the total number of terminations or separations
   75  experienced during the quarter, excluding any employee
   76  terminated during a probationary period of 3 months or less,
   77  divided by the total number of staff employed at the end of the
   78  period for which the rate is computed, and expressed as a
   79  percentage.
   80         c. The formula for determining staff stability is the total
   81  number of employees that have been employed for more than 12
   82  months, divided by the total number of employees employed at the
   83  end of the most recent calendar quarter, and expressed as a
   84  percentage.
   85         (n) Comply with state minimum-staffing requirements:
   86         1.d. A nursing facility that has failed to comply with
   87  state minimum-staffing requirements for 2 consecutive days is
   88  prohibited from accepting new admissions until the facility has
   89  achieved the minimum-staffing requirements for a period of 6
   90  consecutive days. For the purposes of this subparagraph sub
   91  subparagraph, any person who was a resident of the facility and
   92  was absent from the facility for the purpose of receiving
   93  medical care at a separate location or was on a leave of absence
   94  is not considered a new admission. Failure by the facility to
   95  impose such an admissions moratorium is subject to a $1,000 fine
   96  constitutes a class II deficiency.
   97         2.e. A nursing facility that which does not have a
   98  conditional license may be cited for failure to comply with the
   99  standards in s. 400.23(3)(a)1.b. and c. only if it has failed to
  100  meet those standards on 2 consecutive days or if it has failed
  101  to meet at least 97 percent of those standards on any one day.
  102         3.f. A facility that which has a conditional license must
  103  be in compliance with the standards in s. 400.23(3)(a) at all
  104  times.
  105         2. This paragraph does not limit the agency’s ability to
  106  impose a deficiency or take other actions if a facility does not
  107  have enough staff to meet the residents’ needs.
  108         (o)(p) Notify a licensed physician when a resident exhibits
  109  signs of dementia or cognitive impairment or has a change of
  110  condition in order to rule out the presence of an underlying
  111  physiological condition that may be contributing to such
  112  dementia or impairment. The notification must occur within 30
  113  days after the acknowledgment of such signs by facility staff.
  114  If an underlying condition is determined to exist, the facility
  115  shall arrange, with the appropriate health care provider,
  116  arrange for the necessary care and services to treat the
  117  condition.
  118         (p)(q) If the facility implements a dining and hospitality
  119  attendant program, ensure that the program is developed and
  120  implemented under the supervision of the facility director of
  121  nursing. A licensed nurse, licensed speech or occupational
  122  therapist, or a registered dietitian must conduct training of
  123  dining and hospitality attendants. A person employed by a
  124  facility as a dining and hospitality attendant must perform
  125  tasks under the direct supervision of a licensed nurse.
  126         (r) Report to the agency any filing for bankruptcy
  127  protection by the facility or its parent corporation,
  128  divestiture or spin-off of its assets, or corporate
  129  reorganization within 30 days after the completion of such
  130  activity.
  131         (q)(s) Maintain general and professional liability
  132  insurance coverage that is in force at all times. In lieu of
  133  such general and professional liability insurance coverage, a
  134  state-designated teaching nursing home and its affiliated
  135  assisted living facilities created under s. 430.80 may
  136  demonstrate proof of financial responsibility as provided in s.
  137  430.80(3)(g).
  138         Section 3. Subsection (3) of section 430.80, Florida
  139  Statutes, is amended to read:
  140         430.80 Implementation of a teaching nursing home pilot
  141  project.—
  142         (3) To be designated as a teaching nursing home, a nursing
  143  home licensee must, at a minimum:
  144         (a) Provide a comprehensive program of integrated senior
  145  services that include institutional services and community-based
  146  services;
  147         (b) Participate in a nationally recognized accreditation
  148  program and hold a valid accreditation, such as the
  149  accreditation awarded by the Joint Commission on Accreditation
  150  of Healthcare Organizations, or, at the time of initial
  151  designation, possess a Gold Seal Award as conferred by the state
  152  on its licensed nursing home;
  153         (c) Have been in business in this state for a minimum of 10
  154  consecutive years;
  155         (d) Demonstrate an active program in multidisciplinary
  156  education and research that relates to gerontology;
  157         (e) Have a formalized contractual relationship with at
  158  least one accredited health profession education program located
  159  in this state;
  160         (f) Have senior staff members who hold formal faculty
  161  appointments at universities, which must include at least one
  162  accredited health profession education program; and
  163         (g) Maintain insurance coverage pursuant to s.
  164  400.141(1)(q) 400.141(1)(s) or proof of financial responsibility
  165  in a minimum amount of $750,000. Such proof of financial
  166  responsibility may include:
  167         1. Maintaining an escrow account consisting of cash or
  168  assets eligible for deposit in accordance with s. 625.52; or
  169         2. Obtaining and maintaining pursuant to chapter 675 an
  170  unexpired, irrevocable, nontransferable and nonassignable letter
  171  of credit issued by any bank or savings association organized
  172  and existing under the laws of this state or any bank or savings
  173  association organized under the laws of the United States which
  174  that has its principal place of business in this state or has a
  175  branch office that which is authorized to receive deposits in
  176  this state. The letter of credit shall be used to satisfy the
  177  obligation of the facility to the claimant upon presentment of a
  178  final judgment indicating liability and awarding damages to be
  179  paid by the facility or upon presentment of a settlement
  180  agreement signed by all parties to the agreement if when such
  181  final judgment or settlement is a result of a liability claim
  182  against the facility.
  183         Section 4. Paragraph (h) of subsection (2) of section
  184  430.81, Florida Statutes, is amended to read:
  185         430.81 Implementation of a teaching agency for home and
  186  community-based care.—
  187         (2) The Department of Elderly Affairs may designate a home
  188  health agency as a teaching agency for home and community-based
  189  care if the home health agency:
  190         (h) Maintains insurance coverage pursuant to s.
  191  400.141(1)(q) 400.141(1)(s) or proof of financial responsibility
  192  in a minimum amount of $750,000. Such proof of financial
  193  responsibility may include:
  194         1. Maintaining an escrow account consisting of cash or
  195  assets eligible for deposit in accordance with s. 625.52; or
  196         2. Obtaining and maintaining, pursuant to chapter 675, an
  197  unexpired, irrevocable, nontransferable, and nonassignable
  198  letter of credit issued by any bank or savings association
  199  authorized to do business in this state. This letter of credit
  200  shall be used to satisfy the obligation of the agency to the
  201  claimant upon presentation of a final judgment indicating
  202  liability and awarding damages to be paid by the facility or
  203  upon presentment of a settlement agreement signed by all parties
  204  to the agreement if when such final judgment or settlement is a
  205  result of a liability claim against the agency.
  206  
  207  ================= T I T L E  A M E N D M E N T ================
  208         And the title is amended as follows:
  209         Delete line 10
  210  and insert:
  211         Administration; amending ss. 430.80 and 430.81, F.S.;
  212         conforming cross-references; creating s. 400.172,
  213         F.S.; providing