Florida Senate - 2014                             CS for SB 1082
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Legg
       
       
       
       
       586-02762-14                                          20141082c1
    1                        A bill to be entitled                      
    2         An act relating to adult day care centers; amending s.
    3         429.901, F.S.; defining the terms “adult day services”
    4         and “respite”; amending s. 429.907, F.S.; providing
    5         for operation of an adult day care center in a
    6         temporary location under certain conditions; providing
    7         notification requirements when a center relocates;
    8         authorizing the Agency for Health Care Administration
    9         to grant a conditional license to certain centers that
   10         relocate; providing license renewal and inspection
   11         requirements; revising exemptions for licensure;
   12         amending s. 429.911, F.S.; revising a ground for
   13         agency action against the owner of a center or its
   14         operator or employee; amending s. 429.915, F.S.;
   15         authorizing the agency to issue a conditional license
   16         to a center that temporarily relocates; amending s.
   17         429.917, F.S.; revising staff training requirements;
   18         requiring a center to provide certain disclosures;
   19         amending s. 429.931, F.S.; requiring a center to
   20         notify the agency before proceeding with building
   21         alterations under certain circumstances; amending s.
   22         400.141, F.S.; conforming a cross-reference; providing
   23         an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Present subsections (2) through (8) and (9) of
   28  section 429.901, Florida Statutes, are renumbered as subsections
   29  (3) through (9) and (11), respectively, and a new subsection (2)
   30  and subsection (10) are added to that section, to read:
   31         429.901 Definitions.—As used in this part, the term:
   32         (2) “Adult day care services” means community-based group
   33  services designed to provide social, health, therapeutic,
   34  recreational, nutritional, or respite services to adults who
   35  need supervised care in a safe environment during the day. Adult
   36  day care services offer cost-effective care while supporting
   37  individual autonomy, allowing the participant to age in place,
   38  and enhancing the quality of life of the participant, the
   39  caregiver, and the community. These services are designed to:
   40         (a) Delay or prevent institutionalization.
   41         (b) Improve the ability to function independently through
   42  the delivery of individualized care.
   43         (c) Offer an alternative setting for adults who have
   44  chronic and long-term health care needs.
   45         (d) Improve or stabilize cognitive functioning.
   46         (e) Educate caregivers.
   47         (f) Provide respite for caregivers.
   48         (g) Increase access to resources and information.
   49         (10) “Respite” means short-term, temporary relief for a
   50  person who is caring for a family member who might otherwise
   51  require permanent placement in a facility outside the home.
   52         Section 2. Section 429.907, Florida Statutes, is amended to
   53  read:
   54         429.907 License requirement; fee; exemption; display.—
   55         (1) The requirements of part II of chapter 408 apply to the
   56  provision of services that require licensure pursuant to this
   57  part and part II of chapter 408 and to entities licensed by or
   58  applying for such licensure from the Agency for Health Care
   59  Administration pursuant to this part. A license issued by the
   60  agency is required in order to operate an adult day care center
   61  in this state.
   62         (2)(a) Except as otherwise provided in this subsection,
   63  separate licenses are required for centers operated on separate
   64  premises, even though operated under the same management.
   65  Separate licenses are not required for separate buildings on the
   66  same premises.
   67         (b) If a licensed center becomes wholly or substantially
   68  unusable due to a disaster or due to an emergency as those terms
   69  are defined in s. 252.34 or due to alterations to the building
   70  that may constitute a hazard to the safety of participants:
   71         1. The licensee may continue to operate under its current
   72  license in premises separate from that authorized under the
   73  license if the licensee has:
   74         a. Specified the location of the premises in its
   75  comprehensive emergency management plan submitted to and
   76  approved by the applicable county emergency management
   77  authority; and
   78         b. Notified the agency and the county emergency management
   79  authority within 24 hours after beginning to operate in another
   80  of operating in the separate premises; or
   81         c. Notified the agency within 30 days after commencement of
   82  building alterations that require the licensee to temporarily
   83  relocate to another premises for the safety of participants.
   84         2. The licensee shall operate the separate premises only
   85  while the licensed center’s original location is substantially
   86  unusable and for up to 180 days. The agency may extend use of
   87  the alternate premises beyond the initial 180 days. The agency
   88  may also review the operation of the disaster premises
   89  quarterly.
   90         3. A center may be granted a conditional license pursuant
   91  to s. 429.915 if the center has been in operation for more than
   92  1 year before moving to a new location. The agency must inspect
   93  the new location within 6 months after the center relocates. The
   94  center must submit an application for conditional license
   95  renewal at least 60 days before the conditional license expires.
   96         (3) In accordance with s. 408.805, an applicant or licensee
   97  shall pay a fee for each license application submitted under
   98  this part and part II of chapter 408. The amount of the fee
   99  shall be established by rule and may not exceed $150.
  100         (4) County-operated or municipally operated centers
  101  applying for licensure under this part are exempt from the
  102  payment of license fees.
  103         Section 3. Paragraph (a) of subsection (2) of section
  104  429.911, Florida Statutes, is amended to read:
  105         429.911 Denial, suspension, revocation of license;
  106  emergency action; administrative fines; investigations and
  107  inspections.—
  108         (2) Each of the following actions by the owner of an adult
  109  day care center or by its operator or employee is a ground for
  110  action by the agency against the owner of the center or its
  111  operator or employee:
  112         (a) An intentional or negligent act or the existence of
  113  unsafe conditions at the center which materially affect
  114  affecting the well-being, health, or safety of center
  115  participants.
  116         Section 4. Section 429.915, Florida Statutes, is amended to
  117  read:
  118         429.915 Conditional license.—In addition to the license
  119  categories available in part II of chapter 408, the agency may
  120  issue a conditional license to an applicant for license renewal,
  121  temporary relocation, or change of ownership if the applicant
  122  fails to meet all standards and requirements for licensure. A
  123  conditional license issued under this subsection must be limited
  124  to a specific period not exceeding 6 months, as determined by
  125  the agency, and must be accompanied by an approved plan of
  126  correction.
  127         Section 5. Paragraph (c) of subsection (1) and subsection
  128  (2) of section 429.917, Florida Statutes, are amended to read:
  129         429.917 Patients with Alzheimer’s disease or other related
  130  disorders; staff training requirements; certain disclosures.—
  131         (1) An adult day care center licensed under this part must
  132  provide the following staff training:
  133         (c) In addition to the requirements of paragraphs (a) and
  134  (b), an employee who will be providing direct care to a
  135  participant who has Alzheimer’s disease or a dementia-related
  136  disorder must complete an additional 3 hours of training within
  137  9 months after beginning employment. This training must include,
  138  but is not limited to, the management of problem behaviors,
  139  information about promoting the participant’s independence in
  140  activities of daily living, and instruction in skills for
  141  working with families and caregivers, and the most current
  142  information regarding Alzheimer’s disease and dementia-related
  143  disorders. This training must be offered annually and is
  144  required for all employees providing direct care to
  145  participants.
  146         (2) A center licensed under this part which claims that it
  147  provides special care for persons who have Alzheimer’s disease
  148  or other related disorders, but does not claim to be licensed or
  149  designated to provide specialized Alzheimer’s disease services,
  150  must disclose and document how in its advertisements or in a
  151  separate document those services that distinguish the care as
  152  being especially applicable to, or suitable for, such persons.
  153  The center must give a copy of all such advertisements or a copy
  154  of the document to each person who requests information about
  155  the center and must maintain a copy of all such advertisements
  156  and documents in its records. The agency shall examine all such
  157  documentation advertisements and documents in the center’s
  158  records as part of the license renewal procedure. An adult day
  159  care center may not claim to be licensed or designated to
  160  provide specialized Alzheimer’s services unless the adult day
  161  care center’s license has been designated as such pursuant to s.
  162  429.918.
  163         Section 6. Section 429.931, Florida Statutes, is amended to
  164  read:
  165         429.931 Construction, repair, and renovation;
  166  requirements.—
  167         (1) The requirements for the construction, repair, and the
  168  renovation of a center must comply with the provisions of
  169  chapter 553 which pertain to building construction standards,
  170  including plumbing, electrical code, glass, manufactured
  171  buildings, accessibility by physically handicapped persons, and
  172  the state minimum building codes.
  173         (2) The center must notify the agency 30 days before
  174  commencement of building construction, repairs, or renovation to
  175  request a conditional license if the construction, repairs, or
  176  renovation will require the center to temporarily relocate.
  177         Section 7. Paragraph (f) of subsection (1) of section
  178  400.141, Florida Statutes, is amended to read:
  179         400.141 Administration and management of nursing home
  180  facilities.—
  181         (1) Every licensed facility shall comply with all
  182  applicable standards and rules of the agency and shall:
  183         (f) Be allowed and encouraged by the agency to provide
  184  other needed services under certain conditions. If the facility
  185  has a standard licensure status, it may provide services,
  186  including, but not limited to, respite, therapeutic spa, and
  187  adult day services to nonresidents of the facility. A facility
  188  is not subject to any additional licensure requirements for
  189  providing these services. Respite care may be offered to persons
  190  in need of short-term or temporary nursing home services.
  191  Respite care must be provided in accordance with this part.
  192  Providers of adult day services must comply with the
  193  requirements of s. 429.905(2). The agency shall allow for shared
  194  programming and staff in a facility which meets minimum
  195  standards and offers services pursuant to this paragraph, but,
  196  if the facility is cited for deficiencies in patient care, may
  197  require additional staff and programs appropriate to the needs
  198  of service recipients. A person who receives respite care may
  199  not be counted as a resident of the facility for purposes of the
  200  facility’s licensed capacity unless that person receives 24-hour
  201  respite care. A person receiving either respite care for 24
  202  hours or longer or adult day services must be included when
  203  calculating minimum staffing for the facility. Any costs and
  204  revenues generated by a nursing home facility from
  205  nonresidential programs or services shall be excluded from the
  206  calculations of Medicaid per diems for nursing home
  207  institutional care reimbursement.
  208         Section 8. This act shall take effect July 1, 2014.