Florida Senate - 2014                      CS for CS for SB 1254
       
       
        
       By the Committees on Rules; and Health Policy; and Senator
       Grimsley
       
       
       
       
       595-03708-14                                          20141254c2
    1                        A bill to be entitled                      
    2         An act relating to health care services; amending ss.
    3         390.012, 400.021, 400.0712, 400.23, 400.487, 400.497,
    4         400.506, 400.509, 400.6095, 400.914, 400.935, 400.962,
    5         400.967, 400.980, 409.912, 429.255, 429.73, 440.102,
    6         483.245, 765.541, and 765.544, F.S.; removing certain
    7         rulemaking authority relating to the disposal of fetal
    8         remains by abortion clinics, nursing home equipment
    9         and furnishings, license applications for nursing home
   10         facilities, evaluation of nursing home facilities,
   11         home health agencies and cardiopulmonary
   12         resuscitation, home health agency standards, nurse
   13         registry emergency management plans, registration of
   14         certain service providers, hospice and cardiopulmonary
   15         resuscitation, standards for prescribed pediatric
   16         extended care facilities, minimum standards relating
   17         to home medical equipment providers, standards for
   18         intermediate care facilities for the developmentally
   19         disabled, rules and the classification of deficiencies
   20         for intermediate care facilities for the
   21         developmentally disabled, the registration of health
   22         care service pools, participation in a Medicaid
   23         provider lock-in program, assisted living facilities
   24         and cardiopulmonary resuscitation, adult family-care
   25         homes and cardiopulmonary resuscitation, guidelines
   26         for drug-free workplace laboratories, penalties for
   27         rebates, standards for organ procurement
   28         organizations; administrative penalties for violations
   29         of the organ and tissue donor education and
   30         procurement program; amending s. 395.003, F.S.;
   31         revising provisions relating to the provision of
   32         cardiovascular services by a hospital; amending s.
   33         400.474, F.S.; revising the report requirements for
   34         home health agencies; creating s. 400.9141, F.S.;
   35         limiting services at PPEC centers; amending s.
   36         400.934, F.S., relating to home medical equipment
   37         providers; requiring that the emergency management
   38         plan include criteria relating to the maintenance of
   39         patient equipment and supply lists; amending s.
   40         409.962, F.S.; redefining the term “provider service
   41         network”; amending s. 409.972, F.S.; exempting certain
   42         people from the requirement to enroll in Medicaid
   43         managed care; amending s. 409.974, F.S.; providing for
   44         contracting with eligible plans; revising provisions
   45         relating to negotiation with a provider service
   46         network; providing requirements for termination of a
   47         contract with a provider service network; providing an
   48         effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Paragraph (d) of subsection (3) of section
   53  390.012, Florida Statutes, is amended to read:
   54         390.012 Powers of agency; rules; disposal of fetal
   55  remains.—
   56         (3) For clinics that perform or claim to perform abortions
   57  after the first trimester of pregnancy, the agency shall adopt
   58  rules pursuant to ss. 120.536(1) and 120.54 to implement the
   59  provisions of this chapter, including the following:
   60         (d) Rules relating to the medical screening and evaluation
   61  of each abortion clinic patient. At a minimum, these rules must
   62  shall require:
   63         1. A medical history including reported allergies to
   64  medications, antiseptic solutions, or latex; past surgeries; and
   65  an obstetric and gynecological history.
   66         2. A physical examination, including a bimanual examination
   67  estimating uterine size and palpation of the adnexa.
   68         3. The appropriate laboratory tests, including:
   69         a. Urine or blood tests for pregnancy performed before the
   70  abortion procedure.
   71         b. A test for anemia.
   72         c. Rh typing, unless reliable written documentation of
   73  blood type is available.
   74         d. Other tests as indicated from the physical examination.
   75         4. An ultrasound evaluation for all patients. The rules
   76  must shall require that if a person who is not a physician
   77  performs an ultrasound examination, that person shall have
   78  documented evidence that he or she has completed a course in the
   79  operation of ultrasound equipment as prescribed in rule. The
   80  rules shall require clinics to be in compliance with s.
   81  390.0111.
   82         5. That the physician is responsible for estimating the
   83  gestational age of the fetus based on the ultrasound examination
   84  and obstetric standards in keeping with established standards of
   85  care regarding the estimation of fetal age as defined in rule
   86  and shall write the estimate in the patient’s medical history.
   87  The physician shall keep original prints of each ultrasound
   88  examination of a patient in the patient’s medical history file.
   89         Section 2. Paragraph (a) of subsection (6) of section
   90  395.003, Florida Statutes, is amended to read:
   91         395.003 Licensure; denial, suspension, and revocation.—
   92         (6)(a) A specialty hospital may not provide any service or
   93  regularly serve any population group beyond those services or
   94  groups specified in its license. A specialty-licensed children’s
   95  hospital that is authorized to provide pediatric cardiac
   96  catheterization and pediatric open-heart surgery services may
   97  provide cardiovascular service to adults who, as children, were
   98  previously served by the hospital for congenital heart disease,
   99  or to those patients who are referred only for a specialized
  100  procedure only for congenital heart disease by an adult
  101  hospital, without obtaining additional licensure as a provider
  102  of adult cardiovascular services. The agency may request
  103  documentation as needed to support patient selection and
  104  treatment. This subsection does not apply to a specialty
  105  licensed children’s hospital that is already licensed to provide
  106  adult cardiovascular services.
  107         Section 3. Subsection (11) of section 400.021, Florida
  108  Statutes, is amended to read:
  109         400.021 Definitions.—When used in this part, unless the
  110  context otherwise requires, the term:
  111         (11) “Nursing home bed” means an accommodation that which
  112  is ready for immediate occupancy, or is capable of being made
  113  ready for occupancy within 48 hours, excluding the provision of
  114  staffing,; and that which conforms to minimum space
  115  requirements, including the availability of appropriate
  116  equipment and furnishings within the 48 hours, as specified by
  117  rule of the agency, for the provision of services specified in
  118  this part to a single resident.
  119         Section 4. Subsection (3) of section 400.0712, Florida
  120  Statutes, is amended to read:
  121         400.0712 Application for inactive license.—
  122         (3) The agency shall adopt rules pursuant to ss. 120.536(1)
  123  and 120.54 necessary to implement this section.
  124         Section 5. Section 400.23, Florida Statutes, is amended to
  125  read:
  126         400.23 Rules; evaluation and deficiencies; licensure
  127  status.—
  128         (1) It is the intent of the Legislature that rules
  129  published and enforced pursuant to this part and part II of
  130  chapter 408 shall include criteria by which a reasonable and
  131  consistent quality of resident care may be ensured, and the
  132  results of such resident care can be demonstrated, and by which
  133  safe and sanitary nursing homes can be provided. It is further
  134  intended that reasonable efforts be made to accommodate the
  135  needs and preferences of residents to enhance the quality of
  136  life in a nursing home. In addition, efforts shall be made to
  137  minimize the amount of paperwork associated with the reporting
  138  and documentation requirements of these rules.
  139         (2) Pursuant to the intention of the Legislature, the
  140  agency, in consultation with the Department of Health and the
  141  Department of Elderly Affairs, may shall adopt and enforce rules
  142  to administer implement this part and part II of chapter 408.
  143  The rules must specify, but are not limited to, which shall
  144  include reasonable and fair criteria relating in relation to:
  145         (a) The location of the facility and housing conditions
  146  that will ensure the health, safety, and comfort of residents,
  147  including an adequate call system. In adopting making such
  148  rules, the agency shall be guided by criteria recommended by
  149  nationally recognized reputable professional groups and
  150  associations that have with knowledge of such subject matters.
  151  The agency shall update or revise the such criteria as the need
  152  arises. The agency may require alterations to a building if it
  153  determines that an existing condition constitutes a distinct
  154  hazard to life, health, or safety. In performing any inspections
  155  of facilities authorized by this part or part II of chapter 408,
  156  the agency may enforce the special-occupancy provisions of the
  157  Florida Building Code and the Florida Fire Prevention Code which
  158  apply to nursing homes. A resident Residents or his or her
  159  representative must their representatives shall be able to
  160  request a change in the placement of the bed in his or her their
  161  room if, provided that at admission, the resident is they are
  162  presented with a room that meets requirements of the Florida
  163  Building Code. The location of a bed may be changed if the
  164  requested placement does not infringe on the resident’s roommate
  165  or interfere with the resident’s care or safety as determined by
  166  the care planning team in accordance with facility policies and
  167  procedures. In addition, the bed placement may not be used as a
  168  restraint. Each facility shall maintain a log of resident rooms
  169  with beds that are not in strict compliance with the Florida
  170  Building Code in order for such log to be used by surveyors and
  171  nurse monitors during inspections and visits. A resident or a
  172  resident’s resident representative who requests that a bed be
  173  moved must shall sign a statement indicating that he or she
  174  understands that the room will not be in compliance with the
  175  Florida Building Code, but that he or she they would prefer to
  176  exercise the their right to self-determination. The statement
  177  must be retained as part of the resident’s care plan. A Any
  178  facility that offers this option must submit a letter signed by
  179  the nursing home administrator of record to the agency notifying
  180  it of this practice along with a copy of the policies and
  181  procedures of the facility. The agency is directed to provide
  182  assistance to the Florida Building Commission in updating the
  183  construction standards of the code relating relative to nursing
  184  homes.
  185         (b) The number and qualifications of all personnel,
  186  including management, medical, nursing, and other professional
  187  personnel, and nursing assistants, orderlies, and support
  188  personnel, having responsibility for any part of the care given
  189  residents.
  190         (c) All sanitary conditions within the facility and its
  191  surroundings, including water supply, sewage disposal, food
  192  handling, and general hygiene which will ensure the health and
  193  comfort of residents.
  194         (d) The equipment essential to the health and welfare of
  195  the residents.
  196         (e) A uniform accounting system.
  197         (f) The care, treatment, and maintenance of residents and
  198  measurement of the quality and adequacy thereof, based on rules
  199  developed under this chapter and the Omnibus Budget
  200  Reconciliation Act of 1987, (Pub. L. No. 100-203) (December 22,
  201  1987), Title IV (Medicare, Medicaid, and Other Health-Related
  202  Programs), Subtitle C (Nursing Home Reform), as amended.
  203         (g) The preparation and annual update of a comprehensive
  204  emergency management plan. The agency shall establish adopt
  205  rules establishing minimum criteria for the plan after
  206  consultation with the Division of Emergency Management. At a
  207  minimum, the rules must provide for plan components must provide
  208  that address emergency evacuation transportation; adequate
  209  sheltering arrangements; postdisaster activities, including
  210  emergency power, food, and water; postdisaster transportation;
  211  supplies; staffing; emergency equipment; individual
  212  identification of residents and transfer of records; and
  213  responding to family inquiries. The comprehensive emergency
  214  management plan is subject to review and approval by the local
  215  emergency management agency. During the its review, the local
  216  emergency management agency shall ensure that the following
  217  agencies, at a minimum, are given the opportunity to review the
  218  plan: the Department of Elderly Affairs, the Department of
  219  Health, the Agency for Health Care Administration, and the
  220  Division of Emergency Management. Also, Appropriate volunteer
  221  organizations must also be given the opportunity to review the
  222  plan. The local emergency management agency shall complete its
  223  review within 60 days and either approve the plan or advise the
  224  facility of necessary revisions.
  225         (h) The availability, distribution, and posting of reports
  226  and records pursuant to s. 400.191 and the Gold Seal Program
  227  pursuant to s. 400.235.
  228         (3)(a)1. The agency shall enforce adopt rules providing
  229  minimum staffing requirements for nursing home facilities.
  230         1. These requirements must include, for each facility:
  231         a. A combined minimum weekly average of certified nursing
  232  assistant and licensed nursing staffing combined of 3.6 hours of
  233  direct care per resident per day. As used in this sub
  234  subparagraph, a week is defined as Sunday through Saturday.
  235         b. A minimum certified nursing assistant staffing of 2.5
  236  hours of direct care per resident per day. A facility may not
  237  staff below one certified nursing assistant per 20 residents.
  238         c. A minimum licensed nursing staffing of 1.0 hour of
  239  direct care per resident per day. A facility may not staff below
  240  one licensed nurse per 40 residents.
  241         2. Nursing assistants employed under s. 400.211(2) may be
  242  included in computing the staffing ratio for certified nursing
  243  assistants if their job responsibilities include only nursing
  244  assistant-related duties.
  245         3. Each nursing home facility must document compliance with
  246  staffing standards as required under this paragraph and post
  247  daily the names of staff on duty for the benefit of facility
  248  residents and the public.
  249         4. The agency shall recognize the use of licensed nurses
  250  for compliance with the minimum staffing requirements for
  251  certified nursing assistants if the nursing home facility
  252  otherwise meets the minimum staffing requirements for licensed
  253  nurses and the licensed nurses are performing the duties of a
  254  certified nursing assistants assistant. Unless otherwise
  255  approved by the agency, licensed nurses counted toward the
  256  minimum staffing requirements for certified nursing assistants
  257  must exclusively perform the duties of a certified nursing
  258  assistants assistant for the entire shift and not also be
  259  counted toward the minimum staffing requirements for licensed
  260  nurses. If the agency approved a facility’s request to use a
  261  licensed nurse to perform both licensed nursing and certified
  262  nursing assistant duties, the facility must allocate the amount
  263  of staff time specifically spent on certified nursing assistant
  264  duties for the purpose of documenting compliance with minimum
  265  staffing requirements for certified and licensed nursing staff.
  266  The hours of a licensed nurse with dual job responsibilities may
  267  not be counted twice.
  268         (b) Nonnursing staff providing eating assistance to
  269  residents does shall not count toward compliance with minimum
  270  staffing standards.
  271         (c) Licensed practical nurses licensed under chapter 464
  272  who are providing nursing services in nursing home facilities
  273  under this part may supervise the activities of other licensed
  274  practical nurses, certified nursing assistants, and other
  275  unlicensed personnel providing services in such facilities in
  276  accordance with rules adopted by the Board of Nursing.
  277         (4) Rules developed pursuant to This section does shall not
  278  restrict the use of shared staffing and shared programming in
  279  facilities that which are part of retirement communities that
  280  provide multiple levels of care and otherwise meet the
  281  requirement of law or rule.
  282         (5) The agency, in collaboration with the Division of
  283  Children’s Medical Services of the Department of Health, must
  284  adopt rules for:
  285         (a) Minimum standards of care for persons under 21 years of
  286  age who reside in nursing home facilities may be established by
  287  the agency, in collaboration with the Division of Children’s
  288  Medical Services of the Department of Health. A facility may be
  289  exempted from these standards and the provisions of paragraph
  290  (b) for specified specific persons between 18 and 21 years of
  291  age, if the person’s physician agrees that minimum standards of
  292  care based on age are not necessary.
  293         (b) The following Minimum staffing requirements for persons
  294  under 21 years of age who reside in nursing home facilities,
  295  which apply in lieu of the requirements contained in subsection
  296  (3):.
  297         1. For persons under 21 years of age who require skilled
  298  care:
  299         a. A minimum combined average of 3.9 hours of direct care
  300  per resident per day must be provided by licensed nurses,
  301  respiratory therapists, respiratory care practitioners, and
  302  certified nursing assistants.
  303         b. A minimum licensed nursing staffing of 1.0 hour of
  304  direct care per resident per day must be provided.
  305         c. Up to No more than 1.5 hours of certified nursing
  306  assistant care per resident per day may be counted in
  307  determining the minimum direct care hours required.
  308         d. One registered nurse must be on duty on the site 24
  309  hours per day on the unit where children reside.
  310         2. For persons under 21 years of age who are medically
  311  fragile:
  312         a. A minimum combined average of 5.0 hours of direct care
  313  per resident per day must be provided by licensed nurses,
  314  respiratory therapists, respiratory care practitioners, and
  315  certified nursing assistants.
  316         b. A minimum licensed nursing staffing of 1.7 hours of
  317  direct care per resident per day must be provided.
  318         c. Up to No more than 1.5 hours of certified nursing
  319  assistant care per resident per day may be counted in
  320  determining the minimum direct care hours required.
  321         d. One registered nurse must be on duty on the site 24
  322  hours per day on a the unit where children reside.
  323         (6) Before Prior to conducting a survey of the facility,
  324  the survey team shall obtain a copy of the local long-term care
  325  ombudsman council report on the facility. Problems noted in the
  326  report shall be incorporated into and followed up through the
  327  agency’s inspection process. This procedure does not preclude
  328  the local long-term care ombudsman council from requesting the
  329  agency to conduct a followup visit to the facility.
  330         (7) The agency shall, at least every 15 months, evaluate
  331  all nursing home facilities and determine make a determination
  332  as to the degree of compliance by each licensee with the
  333  established rules adopted under this part as a basis for
  334  assigning a licensure status to a that facility. The agency
  335  shall base its evaluation on the most recent inspection report,
  336  taking into consideration findings from other official reports,
  337  surveys, interviews, investigations, and inspections. In
  338  addition to license categories authorized under part II of
  339  chapter 408, the agency shall assign a licensure status of
  340  standard or conditional licensure status to each nursing home.
  341         (a) A standard licensure status means that a facility has
  342  no class I or class II deficiencies and has corrected all class
  343  III deficiencies within the time established by the agency.
  344         (b) A conditional licensure status means that a facility,
  345  due to the presence of one or more class I or class II
  346  deficiencies, or class III deficiencies not corrected within the
  347  time established by the agency, is not in substantial compliance
  348  at the time of the survey with criteria established under this
  349  part or with rules adopted by the agency. If the facility has no
  350  class I, class II, or class III deficiencies at the time of the
  351  followup survey, a standard licensure status may be assigned.
  352         (c) In evaluating the overall quality of care and services
  353  and determining whether the facility will receive a conditional
  354  or standard license, the agency shall consider the needs and
  355  limitations of residents in the facility and the results of
  356  interviews and surveys of a representative sampling of
  357  residents, families of residents, ombudsman council members in
  358  the planning and service area in which the facility is located,
  359  guardians of residents, and staff of the nursing home facility.
  360         (d) The current licensure status of each facility must be
  361  indicated in bold print on the face of the license. A list of
  362  the deficiencies of the facility shall be posted in a prominent
  363  place that is in clear and unobstructed public view at or near
  364  the place where residents are being admitted to that facility.
  365  Licensees receiving a conditional licensure status for a
  366  facility shall prepare, within 10 working days after receiving
  367  notice of deficiencies, a plan for correction of all
  368  deficiencies and shall submit the plan to the agency for
  369  approval.
  370         (e) The agency shall adopt rules that:
  371         1. Establish uniform procedures for the evaluation of
  372  facilities.
  373         2. Provide criteria in the areas referenced in paragraph
  374  (c).
  375         3. Address other areas necessary for carrying out the
  376  intent of this section.
  377         (8) The agency shall ensure adopt rules pursuant to this
  378  part and part II of chapter 408 to provide that, if when the
  379  criteria established under subsection (2) are not met, such
  380  deficiencies shall be classified according to the nature and the
  381  scope of the deficiency. The scope shall be cited as isolated,
  382  patterned, or widespread. An isolated deficiency is a deficiency
  383  affecting one or a very limited number of residents, or
  384  involving one or a very limited number of staff, or a situation
  385  that occurred only occasionally or in a very limited number of
  386  locations. A patterned deficiency is a deficiency in which where
  387  more than a very limited number of residents are affected, or
  388  more than a very limited number of staff are involved, or the
  389  situation has occurred in several locations, or the same
  390  resident or residents have been affected by repeated occurrences
  391  of the same deficient practice but the effect of the deficient
  392  practice is not found to be pervasive throughout the facility. A
  393  widespread deficiency is a deficiency in which the problems
  394  causing the deficiency are pervasive in the facility or
  395  represent systemic failure that has affected or has the
  396  potential to affect a large portion of the facility’s residents.
  397  The agency shall indicate the classification on the face of the
  398  notice of deficiencies as follows:
  399         (a) A class I deficiency is a deficiency that the agency
  400  determines presents a situation in which immediate corrective
  401  action is necessary because the facility’s noncompliance has
  402  caused, or is likely to cause, serious injury, harm, impairment,
  403  or death to a resident receiving care in a facility. The
  404  condition or practice constituting a class I violation must
  405  shall be abated or eliminated immediately, unless a fixed period
  406  of time, as determined by the agency, is required for
  407  correction. A class I deficiency is subject to a civil penalty
  408  of $10,000 for an isolated deficiency, $12,500 for a patterned
  409  deficiency, and $15,000 for a widespread deficiency. The fine
  410  amount is shall be doubled for each deficiency if the facility
  411  was previously cited for one or more class I or class II
  412  deficiencies during the last licensure inspection or during an
  413  any inspection or complaint investigation since the last
  414  licensure inspection. A fine must be levied notwithstanding the
  415  correction of the deficiency.
  416         (b) A class II deficiency is a deficiency that the agency
  417  determines has compromised a the resident’s ability to maintain
  418  or reach his or her highest practicable physical, mental, and
  419  psychosocial well-being, as defined by an accurate and
  420  comprehensive resident assessment, plan of care, and provision
  421  of services. A class II deficiency is subject to a civil penalty
  422  of $2,500 for an isolated deficiency, $5,000 for a patterned
  423  deficiency, and $7,500 for a widespread deficiency. The fine
  424  amount is shall be doubled for each deficiency if the facility
  425  was previously cited for one or more class I or class II
  426  deficiencies during the last licensure inspection or an any
  427  inspection or complaint investigation since the last licensure
  428  inspection. A fine shall be levied notwithstanding the
  429  correction of the deficiency.
  430         (c) A class III deficiency is a deficiency that the agency
  431  determines will result in no more than minimal physical, mental,
  432  or psychosocial discomfort to a the resident or has the
  433  potential to compromise a the resident’s ability to maintain or
  434  reach his or her highest practical physical, mental, or
  435  psychosocial well-being, as defined by an accurate and
  436  comprehensive resident assessment, plan of care, and provision
  437  of services. A class III deficiency is subject to a civil
  438  penalty of $1,000 for an isolated deficiency, $2,000 for a
  439  patterned deficiency, and $3,000 for a widespread deficiency.
  440  The fine amount is shall be doubled for each deficiency if the
  441  facility was previously cited for one or more class I or class
  442  II deficiencies during the last licensure inspection or an any
  443  inspection or complaint investigation since the last licensure
  444  inspection. A citation for a class III deficiency must specify
  445  the time within which the deficiency is required to be
  446  corrected. If a class III deficiency is corrected within the
  447  time specified, a civil penalty may not be imposed.
  448         (d) A class IV deficiency is a deficiency that the agency
  449  determines has the potential for causing no more than a minor
  450  negative impact on a the resident. If the class IV deficiency is
  451  isolated, no plan of correction is required.
  452         (9) Civil penalties paid by a any licensee under subsection
  453  (8) shall be deposited in the Health Care Trust Fund and
  454  expended as provided in s. 400.063.
  455         (10) Agency records, reports, ranking systems, Internet
  456  information, and publications must be promptly updated to
  457  reflect the most current agency actions.
  458         Section 6. Subsection (7) of section 400.474, Florida
  459  Statutes, is amended to read:
  460         400.474 Administrative penalties.—
  461         (7) A home health agency shall electronically submit to the
  462  agency, within 15 days after the end of each calendar quarter, a
  463  written report for each 6-month period ending March 31 and
  464  September 30.
  465         (a) Each report must include that includes the following
  466  data as it they existed on the last day of the reporting period
  467  quarter:
  468         1.(a) The number of insulin-dependent diabetic patients who
  469  receive insulin-injection services from the home health agency.
  470         2.(b) The number of patients who receive both home health
  471  services from the home health agency and hospice services.
  472         3.(c) The number of patients who receive home health
  473  services from the home health agency.
  474         4.(d) The name and license number of each nurse whose
  475  primary job responsibility is to provide home health services to
  476  patients and who received remuneration from the home health
  477  agency in excess of $50,000 $25,000 during the reporting period
  478  calendar quarter.
  479         (b) If the home health agency fails to submit the written
  480  quarterly report within 15 days after the end of the applicable
  481  reporting period each calendar quarter, the agency for Health
  482  Care Administration shall impose a fine of $200 per day against
  483  the home health agency in the amount of $200 per day until the
  484  agency for Health Care Administration receives the report,
  485  except that the total fine imposed pursuant to this subsection
  486  may not exceed $5,000 per reporting period quarter. A home
  487  health agency is exempt from submission of the report and the
  488  imposition of the fine if it is not a Medicaid or Medicare
  489  provider or if it does not share a controlling interest with a
  490  licensee, as defined in s. 408.803, which bills the Florida
  491  Medicaid program or the Medicare program.
  492         Section 7. Subsection (7) of section 400.487, Florida
  493  Statutes, is amended to read:
  494         400.487 Home health service agreements; physician’s,
  495  physician assistant’s, and advanced registered nurse
  496  practitioner’s treatment orders; patient assessment;
  497  establishment and review of plan of care; provision of services;
  498  orders not to resuscitate.—
  499         (7) Home health agency personnel may withhold or withdraw
  500  cardiopulmonary resuscitation if presented with an order not to
  501  resuscitate executed pursuant to s. 401.45. The agency shall
  502  adopt rules providing for the implementation of such orders.
  503  Home health personnel and agencies are shall not be subject to
  504  criminal prosecution or civil liability and are not, nor be
  505  considered to have engaged in negligent or unprofessional
  506  conduct, for withholding or withdrawing cardiopulmonary
  507  resuscitation pursuant to such an order and rules adopted by the
  508  agency.
  509         Section 8. Section 400.497, Florida Statutes, is amended to
  510  read:
  511         400.497 Rules establishing minimum standards.—The agency
  512  may shall adopt, publish, and enforce rules to administer
  513  implement part II of chapter 408 and this part, including the
  514  provider’s duties and responsibilities under, as applicable, ss.
  515  400.506 and 400.509. Rules shall specify, but are not limited
  516  to, which must provide reasonable and fair minimum standards
  517  relating to:
  518         (1) The home health aide competency test and home health
  519  aide training. The agency shall create the home health aide
  520  competency test and establish the curriculum and instructor
  521  qualifications for home health aide training. Licensed home
  522  health agencies may provide this training and shall furnish
  523  documentation of such training to other licensed home health
  524  agencies upon request. Successful passage of the competency test
  525  by home health aides may be substituted for the training
  526  required under this section and agency any rule adopted pursuant
  527  thereto.
  528         (2) Shared staffing. The agency shall allow Shared staffing
  529  is allowed if the home health agency is part of a retirement
  530  community that provides multiple levels of care, is located on
  531  one campus, is licensed under this chapter or chapter 429, and
  532  otherwise meets the requirements of law and rule.
  533         (3) The criteria for the frequency of onsite licensure
  534  surveys.
  535         (4) Licensure application and renewal.
  536         (5) Oversight by the director of nursing, including. The
  537  agency shall develop rules related to:
  538         (a) Standards that address oversight responsibilities by
  539  the director of nursing for of skilled nursing and personal care
  540  services provided by the home health agency’s staff;
  541         (b) Requirements for a director of nursing to provide to
  542  the agency, upon request, a certified daily report of the home
  543  health services provided by a specified direct employee or
  544  contracted staff member on behalf of the home health agency. The
  545  agency may request a certified daily report for up to only for a
  546  period not to exceed 2 years before prior to the date of the
  547  request; and
  548         (c) A quality assurance program for home health services
  549  provided by the home health agency.
  550         (6) Conditions for using a recent unannounced licensure
  551  inspection for the inspection required under in s. 408.806
  552  related to a licensure application associated with a change in
  553  ownership of a licensed home health agency.
  554         (7) The requirements for onsite and electronic
  555  accessibility of supervisory personnel of home health agencies.
  556         (8) Information to be included in patients’ records.
  557         (9) Geographic service areas.
  558         (10) Preparation of a comprehensive emergency management
  559  plan pursuant to s. 400.492.
  560         (a) The Agency for Health Care Administration shall adopt
  561  rules establishing minimum criteria for the plan and plan
  562  updates, with the concurrence of the Department of Health and in
  563  consultation with the Division of Emergency Management.
  564         (a)(b)An emergency plan The rules must address the
  565  requirements in s. 400.492. In addition, the rules shall provide
  566  for the maintenance of patient-specific medication lists that
  567  can accompany patients who are transported from their homes.
  568         (b)(c) The plan is subject to review and approval by the
  569  county health department. During its review, the county health
  570  department shall contact state and local health and medical
  571  stakeholders when necessary. The county health department shall
  572  complete its review to ensure that the plan is in accordance
  573  with the requirements of law criteria in the Agency for Health
  574  Care Administration rules within 90 days after receipt of the
  575  plan and shall approve the plan or advise the home health agency
  576  of necessary revisions. If the home health agency fails to
  577  submit a plan or fails to submit the requested information or
  578  revisions to the county health department within 30 days after
  579  written notification from the county health department, the
  580  county health department shall notify the Agency for Health Care
  581  Administration. The agency shall notify the home health agency
  582  that its failure constitutes a deficiency, subject to a fine of
  583  $5,000 per occurrence. If the plan is not submitted, information
  584  is not provided, or revisions are not made as requested, the
  585  agency may impose the fine.
  586         (c)(d) For a any home health agency that operates in more
  587  than one county, the Department of Health shall review the plan,
  588  after consulting with state and local health and medical
  589  stakeholders when necessary. The department shall complete its
  590  review within 90 days after receipt of the plan and shall
  591  approve the plan or advise the home health agency of necessary
  592  revisions. The department shall make every effort to avoid
  593  imposing differing requirements on a home health agency that
  594  operates in more than one county as a result of differing or
  595  conflicting comprehensive plan requirements of the counties in
  596  which the home health agency operates.
  597         (d)(e) The requirements in this subsection do not apply to:
  598         1. A facility that is certified under chapter 651 and has a
  599  licensed home health agency used exclusively by residents of the
  600  facility; or
  601         2. A retirement community that consists of both residential
  602  units for independent living and either a licensed nursing home
  603  or an assisted living facility, and has a licensed home health
  604  agency used exclusively by the residents of the retirement
  605  community, if, provided the comprehensive emergency management
  606  plan for the facility or retirement community provides for
  607  continuous care of all residents with special needs during an
  608  emergency.
  609         Section 9. Paragraph (f) of subsection (12) and subsection
  610  (17) of section 400.506, Florida Statutes, are amended to read:
  611         400.506 Licensure of nurse registries; requirements;
  612  penalties.—
  613         (12) Each nurse registry shall prepare and maintain a
  614  comprehensive emergency management plan that is consistent with
  615  the criteria in this subsection and with the local special needs
  616  plan. The plan shall be updated annually. The plan shall include
  617  the means by which the nurse registry will continue to provide
  618  the same type and quantity of services to its patients who
  619  evacuate to special needs shelters which were being provided to
  620  those patients prior to evacuation. The plan shall specify how
  621  the nurse registry shall facilitate the provision of continuous
  622  care by persons referred for contract to persons who are
  623  registered pursuant to s. 252.355 during an emergency that
  624  interrupts the provision of care or services in private
  625  residences. Nurse registries may establish links to local
  626  emergency operations centers to determine a mechanism by which
  627  to approach specific areas within a disaster area in order for a
  628  provider to reach its clients. Nurse registries shall
  629  demonstrate a good faith effort to comply with the requirements
  630  of this subsection by documenting attempts of staff to follow
  631  procedures outlined in the nurse registry’s comprehensive
  632  emergency management plan which support a finding that the
  633  provision of continuing care has been attempted for patients
  634  identified as needing care by the nurse registry and registered
  635  under s. 252.355 in the event of an emergency under this
  636  subsection.
  637         (f) The Agency for Health Care Administration shall adopt
  638  rules establishing minimum criteria for the comprehensive
  639  emergency management plan and plan updates required by this
  640  subsection, with the concurrence of the Department of Health and
  641  in consultation with the Division of Emergency Management.
  642         (17) The Agency for Health Care Administration shall adopt
  643  rules to implement this section and part II of chapter 408.
  644         Section 10. Subsection (7) of section 400.509, Florida
  645  Statutes, is amended to read:
  646         400.509 Registration of particular service providers exempt
  647  from licensure; certificate of registration; regulation of
  648  registrants.—
  649         (7) The Agency for Health Care Administration shall adopt
  650  rules to administer this section and part II of chapter 408.
  651         Section 11. Subsection (8) of section 400.6095, Florida
  652  Statutes, is amended to read:
  653         400.6095 Patient admission; assessment; plan of care;
  654  discharge; death.—
  655         (8) The hospice care team may withhold or withdraw
  656  cardiopulmonary resuscitation if presented with an order not to
  657  resuscitate executed pursuant to s. 401.45. The department shall
  658  adopt rules providing for the implementation of such orders.
  659  Hospice staff are shall not be subject to criminal prosecution
  660  or civil liability, nor be considered to have engaged in
  661  negligent or unprofessional conduct, for withholding or
  662  withdrawing cardiopulmonary resuscitation pursuant to such an
  663  order and applicable rules. The absence of an order to
  664  resuscitate executed pursuant to s. 401.45 does not preclude a
  665  physician from withholding or withdrawing cardiopulmonary
  666  resuscitation as otherwise permitted by law.
  667         Section 12. Section 400.914, Florida Statutes, is amended
  668  to read:
  669         400.914 Rulemaking; Rules establishing standards.—
  670         (1) Pursuant to the intention of the Legislature to provide
  671  safe and sanitary facilities and healthful programs, the agency
  672  in conjunction with the Division of Children’s Medical Services
  673  of the Department of Health may shall adopt and publish rules to
  674  administer implement the provisions of this part and part II of
  675  chapter 408, which shall include reasonable and fair standards.
  676  Any conflict between these rules standards and those established
  677  that may be set forth in local, county, or city ordinances shall
  678  be resolved in favor of those having statewide effect.
  679         (2) The rules must specify, but are not limited to,
  680  reasonable and fair standards relating Such standards shall
  681  relate to:
  682         (a) The assurance that PPEC services are family centered
  683  and provide individualized medical, developmental, and family
  684  training services.
  685         (b) The maintenance of PPEC centers, not in conflict with
  686  the provisions of chapter 553 and based upon the size of the
  687  structure and number of children, relating to plumbing, heating,
  688  lighting, ventilation, and other building conditions, including
  689  adequate space, which will ensure the health, safety, comfort,
  690  and protection from fire of the children served.
  691         (c) The application of the appropriate provisions of the
  692  most recent edition of the “Life Safety Code” (NFPA-101) shall
  693  be applied.
  694         (d) The number and qualifications of all personnel who have
  695  responsibility for the care of the children served.
  696         (e) All sanitary conditions within the PPEC center and its
  697  surroundings, including water supply, sewage disposal, food
  698  handling, and general hygiene, and maintenance thereof, which
  699  will ensure the health and comfort of children served.
  700         (f) Programs and basic services promoting and maintaining
  701  the health and development of the children served and meeting
  702  the training needs of the children’s legal guardians.
  703         (g) Supportive, contracted, other operational, and
  704  transportation services.
  705         (h) Maintenance of appropriate medical records, data, and
  706  information relative to the children and programs. Such records
  707  shall be maintained in the facility for inspection by the
  708  agency.
  709         (2) The agency shall adopt rules to ensure that:
  710         (a) No child attends a PPEC center for more than 12 hours
  711  within a 24-hour period.
  712         (b) No PPEC center provides services other than those
  713  provided to medically or technologically dependent children.
  714         Section 13. Section 400.9141, Florida Statutes, is created
  715  to read:
  716         400.9141 Limitations.—
  717         (1) A child may not attend a PPEC center for more than 12
  718  hours within a 24-hour period.
  719         (2) A PPEC center may provide services only to medically or
  720  technologically dependent children.
  721         Section 14. Paragraph (a) of subsection (20) of section
  722  400.934, Florida Statutes, is amended to read:
  723         400.934 Minimum standards.—As a requirement of licensure,
  724  home medical equipment providers shall:
  725         (20)(a) Prepare and maintain a comprehensive emergency
  726  management plan that meets minimum criteria established by
  727  agency rule, including criteria for the maintenance of patient
  728  equipment and supply lists that accompany patients who are
  729  transported from their homes. Such rules shall be formulated in
  730  consultation with the Department of Health and the Division of
  731  Emergency Management under s. 400.935. The plan shall be updated
  732  annually and shall provide for continuing home medical equipment
  733  services for life-supporting or life-sustaining equipment, as
  734  defined in s. 400.925, during an emergency that interrupts home
  735  medical equipment services in a patient’s home. The plan must
  736  shall include:
  737         1. The means by which the home medical equipment provider
  738  will continue to provide equipment to perform the same type and
  739  quantity of services to its patients who evacuate to special
  740  needs shelters which were being provided to those patients
  741  before prior to evacuation.
  742         2. The means by which the home medical equipment provider
  743  establishes and maintains an effective response to emergencies
  744  and disasters, including plans for:
  745         a. Notification of staff when emergency response measures
  746  are initiated.
  747         b. Communication between staff members, county health
  748  departments, and local emergency management agencies, which
  749  includes provisions for a backup communications system.
  750         c. Identification of resources necessary to continue
  751  essential care or services or referrals to other organizations
  752  subject to written agreement.
  753         d. Contacting and prioritizing patients in need of
  754  continued medical equipment services and supplies.
  755         Section 15. Section 400.935, Florida Statutes, is amended
  756  to read:
  757         400.935 Rule authority Rules establishing minimum
  758  standards.—The agency shall adopt, publish, and enforce rules as
  759  necessary to implement this part and part II of chapter 408. The
  760  rules must specify, but not be limited to, which must provide
  761  reasonable and fair minimum standards relating to:
  762         (1) The qualifications and minimum training requirements of
  763  all home medical equipment provider personnel.
  764         (2) Financial ability to operate.
  765         (2)(3) The administration of the home medical equipment
  766  provider.
  767         (4) Procedures for maintaining patient records.
  768         (3)(5) Ensuring that the home medical equipment and
  769  services provided by a home medical equipment provider are in
  770  accordance with the plan of treatment established for each
  771  patient, when provided as a part of a plan of treatment.
  772         (4)(6) Contractual arrangements for the provision of home
  773  medical equipment and services by providers not employed by the
  774  home medical equipment provider providing for the consumer’s
  775  needs.
  776         (5)(7) Physical location and zoning requirements.
  777         (6)(8) Home medical equipment requiring home medical
  778  equipment services.
  779         (9) Preparation of the comprehensive emergency management
  780  plan under s. 400.934 and the establishment of minimum criteria
  781  for the plan, including the maintenance of patient equipment and
  782  supply lists that can accompany patients who are transported
  783  from their homes. Such rules shall be formulated in consultation
  784  with the Department of Health and the Division of Emergency
  785  Management.
  786         Section 16. Subsection (5) of section 400.962, Florida
  787  Statutes, is amended to read:
  788         400.962 License required; license application.—
  789         (5) The applicant must agree to provide or arrange for
  790  active treatment services by an interdisciplinary team in order
  791  to maximize individual independence or prevent regression or
  792  loss of functional status. Standards for active treatment shall
  793  be adopted by the Agency for Health Care Administration by rule
  794  pursuant to ss. 120.536(1) and 120.54. Active treatment services
  795  shall be provided in accordance with the individual support plan
  796  and shall be reimbursed as part of the per diem rate as paid
  797  under the Medicaid program.
  798         Section 17. Subsections (2) and (3) of section 400.967,
  799  Florida Statutes, are amended to read:
  800         400.967 Rules and classification of deficiencies.—
  801         (2) Pursuant to the intention of the Legislature, The
  802  agency, in consultation with the Agency for Persons with
  803  Disabilities and the Department of Elderly Affairs, may shall
  804  adopt and enforce rules as necessary to administer this part and
  805  part II of chapter 408, which shall include reasonable and fair
  806  criteria governing:
  807         (a) The location and construction of the facility;
  808  including fire and life safety, plumbing, heating, cooling,
  809  lighting, ventilation, and other housing conditions that ensure
  810  the health, safety, and comfort of residents. The agency shall
  811  establish standards for facilities and equipment to increase the
  812  extent to which new facilities, and a new wing or floor added to
  813  an existing facility after July 1, 2000, are structurally
  814  capable of serving as shelters only for residents, staff, and
  815  families of residents and staff, and equipped to be self
  816  supporting during and immediately following disasters. The
  817  agency shall update or revise the criteria as the need arises.
  818  All Facilities must comply with the those lifesafety code
  819  requirements and building code standards applicable when at the
  820  time of approval of their construction plans are approved. The
  821  agency may require alterations to a building if it determines
  822  that an existing condition constitutes a distinct hazard to
  823  life, health, or safety. The agency may state the shall adopt
  824  fair and reasonable rules setting forth conditions under which
  825  existing facilities undergoing additions, alterations,
  826  conversions, renovations, or repairs are required to comply with
  827  the most recent updated or revised standards.
  828         (b) The number and qualifications of all personnel,
  829  including management, medical, nursing, and other personnel,
  830  having responsibility for any part of the care given to
  831  residents.
  832         (c) All Sanitary conditions within the facility and its
  833  surroundings, including water supply, sewage disposal, food
  834  handling, and general hygiene, which will ensure the health and
  835  comfort of residents.
  836         (d) The Equipment essential to the health and welfare of
  837  the residents.
  838         (e) A uniform accounting system.
  839         (f) The care, treatment, and maintenance of residents and
  840  the assessment measurement of the quality and adequacy thereof.
  841         (g) The preparation and annual update of a comprehensive
  842  emergency management plan. After consultation with the Division
  843  of Emergency Management, the agency may establish shall adopt
  844  rules establishing minimum criteria for the plan after
  845  consultation with the Division of Emergency Management. At a
  846  minimum, the rules must provide for plan components that address
  847  emergency evacuation transportation; adequate sheltering
  848  arrangements; postdisaster activities, including emergency
  849  power, food, and water; postdisaster transportation; supplies;
  850  staffing; emergency equipment; individual identification of
  851  residents and transfer of records; and responding to family
  852  inquiries. The comprehensive emergency management plan is
  853  subject to review and approval by the local emergency management
  854  agency. During the its review, the local emergency management
  855  agency shall ensure that the following agencies, at a minimum,
  856  are given the opportunity to review the plan: the Department of
  857  Elderly Affairs, the Agency for Persons with Disabilities, the
  858  Agency for Health Care Administration, and the Division of
  859  Emergency Management. Also, Appropriate volunteer organizations
  860  must also be given the opportunity to review the plan. The local
  861  emergency management agency shall complete its review within 60
  862  days and either approve the plan or advise the facility of
  863  necessary revisions.
  864         (h) The use of restraint and seclusion. Such criteria rules
  865  must be consistent with recognized best practices; prohibit
  866  inherently dangerous restraint or seclusion procedures;
  867  establish limitations on the use and duration of restraint and
  868  seclusion; establish measures to ensure the safety of clients
  869  and staff during an incident of restraint or seclusion;
  870  establish procedures for staff to follow before, during, and
  871  after incidents of restraint or seclusion, including
  872  individualized plans for the use of restraints or seclusion in
  873  emergency situations; establish professional qualifications of
  874  and training for staff who may order or be engaged in the use of
  875  restraint or seclusion; establish requirements for facility data
  876  collection and reporting relating to the use of restraint and
  877  seclusion; and establish procedures relating to the
  878  documentation of the use of restraint or seclusion in the
  879  client’s facility or program record.
  880         (3) If The agency shall adopt rules to provide that, when
  881  the criteria established under this part and part II of chapter
  882  408 are not met, such deficiencies shall be classified according
  883  to the nature of the deficiency. The agency shall indicate the
  884  classification on the face of the notice of deficiencies as
  885  follows:
  886         (a) Class I deficiencies are those which the agency
  887  determines present an imminent danger to the residents or guests
  888  of the facility or a substantial probability that death or
  889  serious physical harm will would result therefrom. The condition
  890  or practice constituting a class I violation must be abated or
  891  eliminated immediately, unless the agency determines that a
  892  fixed period of time, as determined by the agency, is required
  893  for correction. A class I deficiency is subject to a civil
  894  penalty in an amount of at least not less than $5,000 but not
  895  more than and not exceeding $10,000 for each deficiency. A fine
  896  may be levied notwithstanding the correction of the deficiency.
  897         (b) Class II deficiencies are those which the agency
  898  determines have a direct or immediate relationship to the
  899  health, safety, or security of the facility residents but do not
  900  meet the criteria established for, other than class I
  901  deficiencies. A class II deficiency is subject to a civil
  902  penalty in an amount of at least not less than $1,000 and not
  903  more than not exceeding $5,000 for each deficiency. A citation
  904  for a class II deficiency must shall specify the time within
  905  which the deficiency must be corrected. If a class II deficiency
  906  is corrected within the time specified, a no civil penalty may
  907  not shall be imposed, unless it is a repeated offense.
  908         (c) Class III deficiencies are those which the agency
  909  determines to have an indirect or potential relationship to the
  910  health, safety, or security of the facility residents but do not
  911  meet the criteria for, other than class I or class II
  912  deficiencies. A class III deficiency is subject to a civil
  913  penalty of at least not less than $500 and not more than
  914  exceeding $1,000 for each deficiency. A citation for a class III
  915  deficiency must shall specify the time within which the
  916  deficiency must be corrected. If a class III deficiency is
  917  corrected within the time specified, a no civil penalty may not
  918  shall be imposed, unless it is a repeated offense.
  919         Section 18. Subsection (2) of section 400.980, Florida
  920  Statutes, is amended to read:
  921         400.980 Health care services pools.—
  922         (2) The requirements of part II of chapter 408 apply to the
  923  provision of services that require licensure or registration
  924  pursuant to this part and part II of chapter 408 and to entities
  925  registered by or applying for such registration from the agency
  926  pursuant to this part. Registration or a license issued by the
  927  agency is required for the operation of a health care services
  928  pool in this state. In accordance with s. 408.805, an applicant
  929  or licensee shall pay a fee for each license application
  930  submitted using this part, part II of chapter 408, and
  931  applicable rules. The agency shall adopt rules and provide forms
  932  required for such registration and shall impose a registration
  933  fee in an amount sufficient to cover the cost of administering
  934  this part and part II of chapter 408. In addition to the
  935  requirements in part II of chapter 408, the registrant must
  936  provide the agency with any change of information contained on
  937  the original registration application within 14 days before
  938  prior to the change.
  939         Section 19. Subsection (43) of section 409.912, Florida
  940  Statutes, is amended to read:
  941         409.912 Cost-effective purchasing of health care.—The
  942  agency shall purchase goods and services for Medicaid recipients
  943  in the most cost-effective manner consistent with the delivery
  944  of quality medical care. To ensure that medical services are
  945  effectively utilized, the agency may, in any case, require a
  946  confirmation or second physician’s opinion of the correct
  947  diagnosis for purposes of authorizing future services under the
  948  Medicaid program. This section does not restrict access to
  949  emergency services or poststabilization care services as defined
  950  in 42 C.F.R. part 438.114. Such confirmation or second opinion
  951  shall be rendered in a manner approved by the agency. The agency
  952  shall maximize the use of prepaid per capita and prepaid
  953  aggregate fixed-sum basis services when appropriate and other
  954  alternative service delivery and reimbursement methodologies,
  955  including competitive bidding pursuant to s. 287.057, designed
  956  to facilitate the cost-effective purchase of a case-managed
  957  continuum of care. The agency shall also require providers to
  958  minimize the exposure of recipients to the need for acute
  959  inpatient, custodial, and other institutional care and the
  960  inappropriate or unnecessary use of high-cost services. The
  961  agency shall contract with a vendor to monitor and evaluate the
  962  clinical practice patterns of providers in order to identify
  963  trends that are outside the normal practice patterns of a
  964  provider’s professional peers or the national guidelines of a
  965  provider’s professional association. The vendor must be able to
  966  provide information and counseling to a provider whose practice
  967  patterns are outside the norms, in consultation with the agency,
  968  to improve patient care and reduce inappropriate utilization.
  969  The agency may mandate prior authorization, drug therapy
  970  management, or disease management participation for certain
  971  populations of Medicaid beneficiaries, certain drug classes, or
  972  particular drugs to prevent fraud, abuse, overuse, and possible
  973  dangerous drug interactions. The Pharmaceutical and Therapeutics
  974  Committee shall make recommendations to the agency on drugs for
  975  which prior authorization is required. The agency shall inform
  976  the Pharmaceutical and Therapeutics Committee of its decisions
  977  regarding drugs subject to prior authorization. The agency is
  978  authorized to limit the entities it contracts with or enrolls as
  979  Medicaid providers by developing a provider network through
  980  provider credentialing. The agency may competitively bid single
  981  source-provider contracts if procurement of goods or services
  982  results in demonstrated cost savings to the state without
  983  limiting access to care. The agency may limit its network based
  984  on the assessment of beneficiary access to care, provider
  985  availability, provider quality standards, time and distance
  986  standards for access to care, the cultural competence of the
  987  provider network, demographic characteristics of Medicaid
  988  beneficiaries, practice and provider-to-beneficiary standards,
  989  appointment wait times, beneficiary use of services, provider
  990  turnover, provider profiling, provider licensure history,
  991  previous program integrity investigations and findings, peer
  992  review, provider Medicaid policy and billing compliance records,
  993  clinical and medical record audits, and other factors. Providers
  994  are not entitled to enrollment in the Medicaid provider network.
  995  The agency shall determine instances in which allowing Medicaid
  996  beneficiaries to purchase durable medical equipment and other
  997  goods is less expensive to the Medicaid program than long-term
  998  rental of the equipment or goods. The agency may establish rules
  999  to facilitate purchases in lieu of long-term rentals in order to
 1000  protect against fraud and abuse in the Medicaid program as
 1001  defined in s. 409.913. The agency may seek federal waivers
 1002  necessary to administer these policies.
 1003         (43) Subject to the availability of funds, the agency shall
 1004  mandate a recipient’s participation in a provider lock-in
 1005  program, when appropriate, if a recipient is found by the agency
 1006  to have used Medicaid goods or services at a frequency or amount
 1007  not medically necessary, limiting the receipt of goods or
 1008  services to medically necessary providers after the 21-day
 1009  appeal process has ended, for at least a period of not less than
 1010  1 year. The lock-in programs must shall include, but are not
 1011  limited to, pharmacies, medical doctors, and infusion clinics.
 1012  The limitation does not apply to emergency services and care
 1013  provided to the recipient in a hospital emergency department.
 1014  The agency shall seek any federal waivers necessary to implement
 1015  this subsection. The agency shall adopt any rules necessary to
 1016  comply with or administer this subsection. This subsection
 1017  expires October 1, 2014.
 1018         Section 20. Subsection (13) of section 409.962, Florida
 1019  Statutes, is amended to read:
 1020         409.962 Definitions.—As used in this part, except as
 1021  otherwise specifically provided, the term:
 1022         (13) “Provider service network” means an entity qualified
 1023  pursuant to s. 409.912(4)(d) of which a controlling interest is
 1024  owned by a health care provider, or group of affiliated
 1025  providers affiliated for the purpose of providing health care,
 1026  or a public agency or entity that delivers health services.
 1027  Health care providers include Florida-licensed health care
 1028  practitioners professionals or licensed health care facilities,
 1029  federally qualified health care centers, and home health care
 1030  agencies.
 1031         Section 21. Paragraph (e) of subsection (2) of section
 1032  409.972, Florida Statutes, is amended to read:
 1033         409.972 Mandatory and voluntary enrollment.—
 1034         (2) The following Medicaid-eligible persons are exempt from
 1035  mandatory managed care enrollment required by s. 409.965, and
 1036  may voluntarily choose to participate in the managed medical
 1037  assistance program:
 1038         (e) Medicaid recipients enrolled in the home and community
 1039  based services waiver pursuant to chapter 393, and Medicaid
 1040  recipients waiting for waiver services, and Medicaid recipients
 1041  under the age of 21 who are not receiving waiver services but
 1042  are authorized by the Agency for Persons with Disabilities or
 1043  the Department of Children and Families to reside in a group
 1044  home facility licensed pursuant to chapter 393.
 1045         Section 22. Subsection (1) of section 409.974, Florida
 1046  Statutes, is amended to read:
 1047         409.974 Eligible plans.—
 1048         (1) ELIGIBLE PLAN SELECTION.—The agency shall select and
 1049  contract with eligible plans through the procurement process
 1050  described in s. 409.966. The agency shall notice invitations to
 1051  negotiate by no later than January 1, 2013.
 1052         (a) The agency shall procure and contract with two plans
 1053  for Region 1. At least one plan shall be a provider service
 1054  network if any provider service networks submit a responsive
 1055  bid.
 1056         (b) The agency shall procure and contract with two plans
 1057  for Region 2. At least one plan shall be a provider service
 1058  network if any provider service networks submit a responsive
 1059  bid.
 1060         (c) The agency shall procure and contract with at least
 1061  three plans and up to five plans for Region 3. At least one plan
 1062  must be a provider service network if any provider service
 1063  networks submit a responsive bid.
 1064         (d) The agency shall procure and contract with at least
 1065  three plans and up to five plans for Region 4. At least one plan
 1066  must be a provider service network if any provider service
 1067  networks submit a responsive bid.
 1068         (e) The agency shall procure and contract with at least two
 1069  plans and up to four plans for Region 5. At least one plan must
 1070  be a provider service network if any provider service networks
 1071  submit a responsive bid.
 1072         (f) The agency shall procure and contract with at least
 1073  four plans and up to seven plans for Region 6. At least one plan
 1074  must be a provider service network if any provider service
 1075  networks submit a responsive bid.
 1076         (g) The agency shall procure and contract with at least
 1077  three plans and up to six plans for Region 7. At least one plan
 1078  must be a provider service network if any provider service
 1079  networks submit a responsive bid.
 1080         (h) The agency shall procure and contract with at least two
 1081  plans and up to four plans for Region 8. At least one plan must
 1082  be a provider service network if any provider service networks
 1083  submit a responsive bid.
 1084         (i) The agency shall procure and contract with at least two
 1085  plans and up to four plans for Region 9. At least one plan must
 1086  be a provider service network if any provider service networks
 1087  submit a responsive bid.
 1088         (j) The agency shall procure and contract with at least two
 1089  plans and up to four plans for Region 10. At least one plan must
 1090  be a provider service network if any provider service networks
 1091  submit a responsive bid.
 1092         (k) The agency shall procure and contract with at least
 1093  five plans and up to 10 plans for Region 11. At least one plan
 1094  must be a provider service network if any provider service
 1095  networks submit a responsive bid.
 1096  
 1097  If no provider service network submits a responsive bid, the
 1098  agency shall procure up to no more than one less than the
 1099  maximum number of eligible plans permitted in that region and,.
 1100  within the next 12 months after the initial invitation to
 1101  negotiate, shall issue an invitation to negotiate in order the
 1102  agency shall attempt to procure and contract with a provider
 1103  service network. In a region in which the agency has contracted
 1104  with only one provider service network and changes in the
 1105  ownership or business structure of the network result in the
 1106  network no longer meeting the definition of a provider service
 1107  network under s. 409.962, the agency must, within the next 12
 1108  months, terminate the contract, provide shall notice of another
 1109  invitation to negotiate, and procure and contract only with a
 1110  provider service network in that region networks in those
 1111  regions where no provider service network has been selected.
 1112         Section 23. Subsection (4) of section 429.255, Florida
 1113  Statutes, is amended to read:
 1114         429.255 Use of personnel; emergency care.—
 1115         (4) Facility staff may withhold or withdraw cardiopulmonary
 1116  resuscitation or the use of an automated external defibrillator
 1117  if presented with an order not to resuscitate executed pursuant
 1118  to s. 401.45. The department shall adopt rules providing for the
 1119  implementation of such orders. Facility staff and facilities are
 1120  shall not be subject to criminal prosecution or civil liability,
 1121  nor be considered to have engaged in negligent or unprofessional
 1122  conduct, for withholding or withdrawing cardiopulmonary
 1123  resuscitation or use of an automated external defibrillator
 1124  pursuant to such an order and rules adopted by the department.
 1125  The absence of an order to resuscitate executed pursuant to s.
 1126  401.45 does not preclude a physician from withholding or
 1127  withdrawing cardiopulmonary resuscitation or use of an automated
 1128  external defibrillator as otherwise permitted by law.
 1129         Section 24. Subsection (3) of section 429.73, Florida
 1130  Statutes, is amended to read:
 1131         429.73 Rules and standards relating to adult family-care
 1132  homes.—
 1133         (3) The department shall adopt rules providing for the
 1134  implementation of orders not to resuscitate. The provider may
 1135  withhold or withdraw cardiopulmonary resuscitation if presented
 1136  with an order not to resuscitate executed pursuant to s. 401.45.
 1137  The provider is shall not be subject to criminal prosecution or
 1138  civil liability, nor be considered to have engaged in negligent
 1139  or unprofessional conduct, for withholding or withdrawing
 1140  cardiopulmonary resuscitation pursuant to such an order and
 1141  applicable rules.
 1142         Section 25. Subsection (10) of section 440.102, Florida
 1143  Statutes, is amended to read:
 1144         440.102 Drug-free workplace program requirements.—The
 1145  following provisions apply to a drug-free workplace program
 1146  implemented pursuant to law or to rules adopted by the Agency
 1147  for Health Care Administration:
 1148         (10) RULES.—The Agency for Health Care Administration shall
 1149  adopt rules Pursuant to s. 112.0455, part II of chapter 408, and
 1150  using criteria established by the United States Department of
 1151  Health and Human Services, the agency shall adopt rules as
 1152  general guidelines for modeling drug-free workplace
 1153  laboratories, including concerning, but not limited to:
 1154         (a) Standards for licensing drug-testing laboratories and
 1155  suspension and revocation of such licenses.
 1156         (b) Urine, hair, blood, and other body specimens and
 1157  minimum specimen amounts that are appropriate for drug testing.
 1158         (c) Methods of analysis and procedures to ensure reliable
 1159  drug-testing results, including standards for initial tests and
 1160  confirmation tests.
 1161         (d) Minimum cutoff detection levels for each drug or
 1162  metabolites of such drug for the purposes of determining a
 1163  positive test result.
 1164         (e) Chain-of-custody procedures to ensure proper
 1165  identification, labeling, and handling of specimens tested.
 1166         (f) Retention, storage, and transportation procedures to
 1167  ensure reliable results on confirmation tests and retests.
 1168         Section 26. Subsection (2) of section 483.245, Florida
 1169  Statutes, is amended to read:
 1170         483.245 Rebates prohibited; penalties.—
 1171         (2) The agency may establish and shall adopt rules that
 1172  assess administrative penalties for acts prohibited by
 1173  subsection (1). If In the case of an entity is licensed by the
 1174  agency, such penalties may include any disciplinary action
 1175  available to the agency under the appropriate licensing laws. If
 1176  In the case of an entity is not licensed by the agency, such
 1177  penalties may include:
 1178         (a) A fine not to exceed $1,000;
 1179         (b) If applicable, a recommendation by the agency to the
 1180  appropriate licensing board that disciplinary action be taken.
 1181         Section 27. Subsections (1) and (2) of section 765.541,
 1182  Florida Statutes, are amended to read:
 1183         765.541 Licensure Certification of procurement
 1184  organizations; agency responsibilities.—The agency shall:
 1185         (1) Establish a program for the licensure certification of
 1186  organizations, corporations, or other entities engaged in the
 1187  procurement of organs, tissues, and eyes within the state for
 1188  transplantation.
 1189         (2) Adopt rules as necessary to implement that set forth
 1190  appropriate standards and guidelines for the program in
 1191  accordance with ss. 765.541-765.546 and part II of chapter 408.
 1192  These Standards and guidelines for the program adopted by the
 1193  agency must be substantially based on the existing laws of the
 1194  Federal Government and this state, and the existing standards
 1195  and guidelines of the Organ Procurement and Transplantation
 1196  Network (OPTN), the Association of Organ Procurement
 1197  Organizations (AOPO)United Network for Organ Sharing (UNOS), the
 1198  American Association of Tissue Banks (AATB), the South-Eastern
 1199  Organ Procurement Foundation (SEOPF), the North American
 1200  Transplant Coordinators Organization (NATCO), and the Eye Bank
 1201  Association of America (EBAA). In addition, the agency shall,
 1202  before adopting these standards and guidelines, seek input from
 1203  all procurement organizations based in this state.
 1204         Section 28. Subsection (2) of section 765.544, Florida
 1205  Statutes, is amended to read:
 1206         765.544 Fees; organ and tissue donor education and
 1207  procurement.—
 1208         (2) The agency shall specify by rule the administrative
 1209  penalties for the purpose of ensuring adherence to the standards
 1210  of quality and practice required by this chapter, part II of
 1211  chapter 408, and applicable rules of the agency for continued
 1212  certification.
 1213         Section 29. This act shall take effect July 1, 2014.