Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1760
       
       
       
       
       
       
                                Ì527966YÎ527966                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: FC            .                                
                  03/27/2017           .                                
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       The Committee on Health Policy (Grimsley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (g) of subsection (3) of section
    6  20.43, Florida Statutes, is amended to read:
    7         20.43 Department of Health.—There is created a Department
    8  of Health.
    9         (3) The following divisions of the Department of Health are
   10  established:
   11         (g) Division of Medical Quality Assurance, which is
   12  responsible for the following boards and professions established
   13  within the division:
   14         1. The Board of Acupuncture, created under chapter 457.
   15         2. The Board of Medicine, created under chapter 458.
   16         3. The Board of Osteopathic Medicine, created under chapter
   17  459.
   18         4. The Board of Chiropractic Medicine, created under
   19  chapter 460.
   20         5. The Board of Podiatric Medicine, created under chapter
   21  461.
   22         6. Naturopathy, as provided under chapter 462.
   23         7. The Board of Optometry, created under chapter 463.
   24         8. The Board of Nursing, created under part I of chapter
   25  464.
   26         9. Nursing assistants, as provided under part II of chapter
   27  464.
   28         10. The Board of Pharmacy, created under chapter 465.
   29         11. The Board of Dentistry, created under chapter 466.
   30         12. Midwifery, as provided under chapter 467.
   31         13. The Board of Speech-Language Pathology and Audiology,
   32  created under part I of chapter 468.
   33         14. The Board of Nursing Home Administrators, created under
   34  part II of chapter 468.
   35         15. The Board of Occupational Therapy, created under part
   36  III of chapter 468.
   37         16. Respiratory therapy, as provided under part V of
   38  chapter 468.
   39         17. Dietetics and nutrition practice, as provided under
   40  part X of chapter 468.
   41         18. The Board of Athletic Training, created under part XIII
   42  of chapter 468.
   43         19. The Board of Orthotists and Prosthetists, created under
   44  part XIV of chapter 468.
   45         20. Electrolysis, as provided under chapter 478.
   46         21. The Board of Massage Therapy, created under chapter
   47  480.
   48         22.The Board of Clinical Laboratory Personnel, created
   49  under part III of chapter 483.
   50         22.23. Medical physicists, as provided under part III IV of
   51  chapter 483.
   52         23.24. The Board of Opticianry, created under part I of
   53  chapter 484.
   54         24.25. The Board of Hearing Aid Specialists, created under
   55  part II of chapter 484.
   56         25.26. The Board of Physical Therapy Practice, created
   57  under chapter 486.
   58         26.27. The Board of Psychology, created under chapter 490.
   59         27.28. School psychologists, as provided under chapter 490.
   60         28.29. The Board of Clinical Social Work, Marriage and
   61  Family Therapy, and Mental Health Counseling, created under
   62  chapter 491.
   63         29.30. Emergency medical technicians and paramedics, as
   64  provided under part III of chapter 401.
   65         Section 2. Paragraph (k) of subsection (2) of section
   66  220.1845, Florida Statutes, is amended to read:
   67         220.1845 Contaminated site rehabilitation tax credit.—
   68         (2) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.—
   69         (k) In order to encourage the construction and operation of
   70  a new health care facility as defined in s. 408.032 or s.
   71  408.07, or a health care provider as defined in s. 408.07 or s.
   72  408.7056, on a brownfield site, an applicant for a tax credit
   73  may claim an additional 25 percent of the total site
   74  rehabilitation costs, not to exceed $500,000, if the applicant
   75  meets the requirements of this paragraph. In order to receive
   76  this additional tax credit, the applicant must provide
   77  documentation indicating that the construction of the health
   78  care facility or health care provider by the applicant on the
   79  brownfield site has received a certificate of occupancy or a
   80  license or certificate has been issued for the operation of the
   81  health care facility or health care provider.
   82         Section 3. Paragraph (f) of subsection (3) of section
   83  376.30781, Florida Statutes, is amended to read:
   84         376.30781 Tax credits for rehabilitation of drycleaning
   85  solvent-contaminated sites and brownfield sites in designated
   86  brownfield areas; application process; rulemaking authority;
   87  revocation authority.—
   88         (3)
   89         (f) In order to encourage the construction and operation of
   90  a new health care facility or a health care provider, as defined
   91  in s. 408.032 or, s. 408.07, or s. 408.7056, on a brownfield
   92  site, an applicant for a tax credit may claim an additional 25
   93  percent of the total site rehabilitation costs, not to exceed
   94  $500,000, if the applicant meets the requirements of this
   95  paragraph. In order to receive this additional tax credit, the
   96  applicant must provide documentation indicating that the
   97  construction of the health care facility or health care provider
   98  by the applicant on the brownfield site has received a
   99  certificate of occupancy or a license or certificate has been
  100  issued for the operation of the health care facility or health
  101  care provider.
  102         Section 4. Subsection (1) of section 376.86, Florida
  103  Statutes, is amended to read:
  104         376.86 Brownfield Areas Loan Guarantee Program.—
  105         (1) The Brownfield Areas Loan Guarantee Council is created
  106  to review and approve or deny, by a majority vote of its
  107  membership, the situations and circumstances for participation
  108  in partnerships by agreements with local governments, financial
  109  institutions, and others associated with the redevelopment of
  110  brownfield areas pursuant to the Brownfields Redevelopment Act
  111  for a limited state guaranty of up to 5 years of loan guarantees
  112  or loan loss reserves issued pursuant to law. The limited state
  113  loan guaranty applies only to 50 percent of the primary lenders
  114  loans for redevelopment projects in brownfield areas. If the
  115  redevelopment project is for affordable housing, as defined in
  116  s. 420.0004, in a brownfield area, the limited state loan
  117  guaranty applies to 75 percent of the primary lender’s loan. If
  118  the redevelopment project includes the construction and
  119  operation of a new health care facility or a health care
  120  provider, as defined in s. 408.032 or, s. 408.07, or s.
  121  408.7056, on a brownfield site and the applicant has obtained
  122  documentation in accordance with s. 376.30781 indicating that
  123  the construction of the health care facility or health care
  124  provider by the applicant on the brownfield site has received a
  125  certificate of occupancy or a license or certificate has been
  126  issued for the operation of the health care facility or health
  127  care provider, the limited state loan guaranty applies to 75
  128  percent of the primary lender’s loan. A limited state guaranty
  129  of private loans or a loan loss reserve is authorized for
  130  lenders licensed to operate in the state upon a determination by
  131  the council that such an arrangement would be in the public
  132  interest and the likelihood of the success of the loan is great.
  133         Section 5. Subsection (2) of section 381.0031, Florida
  134  Statutes, is amended to read:
  135         381.0031 Epidemiological research; report of diseases of
  136  public health significance to department.—
  137         (2) Any practitioner licensed in this state to practice
  138  medicine, osteopathic medicine, chiropractic medicine,
  139  naturopathy, or veterinary medicine; any hospital licensed under
  140  part I of chapter 395; or any laboratory appropriately certified
  141  by the Centers for Medicare and Medicaid Services under the
  142  federal Clinical Laboratory Improvement Amendments of 1988 which
  143  licensed under chapter 483 that diagnoses or suspects the
  144  existence of a disease of public health significance shall
  145  immediately report the fact to the Department of Health.
  146         Section 6. Subsection (3) of section 381.0034, Florida
  147  Statutes, is amended to read:
  148         381.0034 Requirement for instruction on HIV and AIDS.—
  149         (3) The department shall require, as a condition of
  150  granting a license under chapter 467 or part II III of chapter
  151  483, that an applicant making initial application for licensure
  152  complete an educational course acceptable to the department on
  153  human immunodeficiency virus and acquired immune deficiency
  154  syndrome. Upon submission of an affidavit showing good cause, an
  155  applicant who has not taken a course at the time of licensure
  156  shall be allowed 6 months to complete this requirement.
  157         Section 7. Paragraph (c) of subsection (4) of section
  158  381.004, Florida Statutes, is amended to read:
  159         381.004 HIV testing.—
  160         (4) HUMAN IMMUNODEFICIENCY VIRUS TESTING REQUIREMENTS;
  161  REGISTRATION WITH THE DEPARTMENT OF HEALTH; EXEMPTIONS FROM
  162  REGISTRATION.—No county health department and no other person in
  163  this state shall conduct or hold themselves out to the public as
  164  conducting a testing program for acquired immune deficiency
  165  syndrome or human immunodeficiency virus status without first
  166  registering with the Department of Health, reregistering each
  167  year, complying with all other applicable provisions of state
  168  law, and meeting the following requirements:
  169         (c) The program shall have all laboratory procedures
  170  performed in a laboratory appropriately certified by the Centers
  171  for Medicare and Medicaid Services under the federal Clinical
  172  Laboratory Improvement Amendments of 1988 licensed under the
  173  provisions of chapter 483.
  174         Section 8. Subsection (1) of section 383.313, Florida
  175  Statutes, is amended to read:
  176         383.313 Performance of laboratory and surgical services;
  177  use of anesthetic and chemical agents.—
  178         (1) LABORATORY SERVICES.—A birth center may collect
  179  specimens for those tests that are requested under protocol. A
  180  birth center may perform simple laboratory tests, as defined by
  181  rule of the agency, and is exempt from the requirements of
  182  chapter 483, provided no more than five physicians are employed
  183  by the birth center and testing is conducted exclusively in
  184  connection with the diagnosis and treatment of clients of the
  185  birth center.
  186         Section 9. Section 383.335, Florida Statutes, is repealed.
  187         Section 10. Section 384.31, Florida Statutes, is amended to
  188  read:
  189         384.31 Testing of pregnant women; duty of the attendant.
  190  Every person, including every physician licensed under chapter
  191  458 or chapter 459 or midwife licensed under part I of chapter
  192  464 or chapter 467, attending a pregnant woman for conditions
  193  relating to pregnancy during the period of gestation and
  194  delivery shall cause the woman to be tested for sexually
  195  transmissible diseases, including HIV, as specified by
  196  department rule. Testing shall be performed by a laboratory
  197  appropriately certified by the Centers for Medicare and Medicaid
  198  Services under the federal Clinical Laboratory Improvement
  199  Amendments of 1988 approved for such purposes under part I of
  200  chapter 483. The woman shall be informed of the tests that will
  201  be conducted and of her right to refuse testing. If a woman
  202  objects to testing, a written statement of objection, signed by
  203  the woman, shall be placed in the woman’s medical record and no
  204  testing shall occur.
  205         Section 11. Subsection (2) of section 385.211, Florida
  206  Statutes, is amended to read:
  207         385.211 Refractory and intractable epilepsy treatment and
  208  research at recognized medical centers.—
  209         (2) Notwithstanding chapter 893, medical centers recognized
  210  pursuant to s. 381.925, or an academic medical research
  211  institution legally affiliated with a licensed children’s
  212  specialty hospital as defined in s. 395.002(27) s. 395.002(28)
  213  that contracts with the Department of Health, may conduct
  214  research on cannabidiol and low-THC cannabis. This research may
  215  include, but is not limited to, the agricultural development,
  216  production, clinical research, and use of liquid medical
  217  derivatives of cannabidiol and low-THC cannabis for the
  218  treatment for refractory or intractable epilepsy. The authority
  219  for recognized medical centers to conduct this research is
  220  derived from 21 C.F.R. parts 312 and 316. Current state or
  221  privately obtained research funds may be used to support the
  222  activities described in this section.
  223         Section 12. Subsection (7) of section 394.4787, Florida
  224  Statutes, is amended to read:
  225         394.4787 Definitions; ss. 394.4786, 394.4787, 394.4788, and
  226  394.4789.—As used in this section and ss. 394.4786, 394.4788,
  227  and 394.4789:
  228         (7) “Specialty psychiatric hospital” means a hospital
  229  licensed by the agency pursuant to s. 395.002(27) s. 395.002(28)
  230  and part II of chapter 408 as a specialty psychiatric hospital.
  231         Section 13. Section 395.001, Florida Statutes, is amended
  232  to read:
  233         395.001 Legislative intent.—It is the intent of the
  234  Legislature to provide for the protection of public health and
  235  safety in the establishment, construction, maintenance, and
  236  operation of hospitals and, ambulatory surgical centers, and
  237  mobile surgical facilities by providing for licensure of same
  238  and for the development, establishment, and enforcement of
  239  minimum standards with respect thereto.
  240         Section 14. Present subsections (22) through (33) of
  241  section 395.002, Florida Statutes, are renumbered as subsections
  242  (21) through (32), respectively, and subsections (3) and (16)
  243  and present subsections (21) and (23) of that section are
  244  amended, to read:
  245         395.002 Definitions.—As used in this chapter:
  246         (3) “Ambulatory surgical center” or “mobile surgical
  247  facility” means a facility the primary purpose of which is to
  248  provide elective surgical care, in which the patient is admitted
  249  to and discharged from such facility within the same working day
  250  and is not permitted to stay overnight, and which is not part of
  251  a hospital. However, a facility existing for the primary purpose
  252  of performing terminations of pregnancy, an office maintained by
  253  a physician for the practice of medicine, or an office
  254  maintained for the practice of dentistry shall not be construed
  255  to be an ambulatory surgical center, provided that any facility
  256  or office which is certified or seeks certification as a
  257  Medicare ambulatory surgical center shall be licensed as an
  258  ambulatory surgical center pursuant to s. 395.003. Any structure
  259  or vehicle in which a physician maintains an office and
  260  practices surgery, and which can appear to the public to be a
  261  mobile office because the structure or vehicle operates at more
  262  than one address, shall be construed to be a mobile surgical
  263  facility.
  264         (16) “Licensed facility” means a hospital or, ambulatory
  265  surgical center, or mobile surgical facility licensed in
  266  accordance with this chapter.
  267         (21)“Mobile surgical facility” is a mobile facility in
  268  which licensed health care professionals provide elective
  269  surgical care under contract with the Department of Corrections
  270  or a private correctional facility operating pursuant to chapter
  271  957 and in which inmate patients are admitted to and discharged
  272  from said facility within the same working day and are not
  273  permitted to stay overnight. However, mobile surgical facilities
  274  may only provide health care services to the inmate patients of
  275  the Department of Corrections, or inmate patients of a private
  276  correctional facility operating pursuant to chapter 957, and not
  277  to the general public.
  278         (22)(23) “Premises” means those buildings, beds, and
  279  equipment located at the address of the licensed facility and
  280  all other buildings, beds, and equipment for the provision of
  281  hospital or, ambulatory surgical, or mobile surgical care
  282  located in such reasonable proximity to the address of the
  283  licensed facility as to appear to the public to be under the
  284  dominion and control of the licensee. For any licensee that is a
  285  teaching hospital as defined in s. 408.07(44) s. 408.07(45),
  286  reasonable proximity includes any buildings, beds, services,
  287  programs, and equipment under the dominion and control of the
  288  licensee that are located at a site with a main address that is
  289  within 1 mile of the main address of the licensed facility; and
  290  all such buildings, beds, and equipment may, at the request of a
  291  licensee or applicant, be included on the facility license as a
  292  single premises.
  293         Section 15. Paragraphs (a) and (b) of subsection (1) and
  294  paragraph (b) of subsection (2) of section 395.003, Florida
  295  Statutes, are amended to read:
  296         395.003 Licensure; denial, suspension, and revocation.—
  297         (1)(a) The requirements of part II of chapter 408 apply to
  298  the provision of services that require licensure pursuant to ss.
  299  395.001-395.1065 and part II of chapter 408 and to entities
  300  licensed by or applying for such licensure from the Agency for
  301  Health Care Administration pursuant to ss. 395.001-395.1065. A
  302  license issued by the agency is required in order to operate a
  303  hospital or, ambulatory surgical center, or mobile surgical
  304  facility in this state.
  305         (b)1. It is unlawful for a person to use or advertise to
  306  the public, in any way or by any medium whatsoever, any facility
  307  as a “hospital,or “ambulatory surgical center,or “mobile
  308  surgical facility” unless such facility has first secured a
  309  license under the provisions of this part.
  310         2. This part does not apply to veterinary hospitals or to
  311  commercial business establishments using the word “hospital,or
  312  “ambulatory surgical center,or “mobile surgical facility” as a
  313  part of a trade name if no treatment of human beings is
  314  performed on the premises of such establishments.
  315         (2)
  316         (b) The agency shall, at the request of a licensee that is
  317  a teaching hospital as defined in s. 408.07(44) s. 408.07(45),
  318  issue a single license to a licensee for facilities that have
  319  been previously licensed as separate premises, provided such
  320  separately licensed facilities, taken together, constitute the
  321  same premises as defined in s. 395.002(22) s. 395.002(23). Such
  322  license for the single premises shall include all of the beds,
  323  services, and programs that were previously included on the
  324  licenses for the separate premises. The granting of a single
  325  license under this paragraph shall not in any manner reduce the
  326  number of beds, services, or programs operated by the licensee.
  327         Section 16. Subsection (1) of section 395.009, Florida
  328  Statutes, is amended to read:
  329         395.009 Minimum standards for clinical laboratory test
  330  results and diagnostic X-ray results; prerequisite for issuance
  331  or renewal of license.—
  332         (1) As a requirement for issuance or renewal of its
  333  license, each licensed facility shall require that all clinical
  334  laboratory tests performed by or for the licensed facility be
  335  performed by a clinical laboratory appropriately certified by
  336  the Centers for Medicare and Medicaid Services under the federal
  337  Clinical Laboratory Improvement Amendments of 1988 licensed
  338  under the provisions of chapter 483.
  339         Section 17. Section 395.0091, Florida Statutes, is created
  340  to read:
  341         395.0091Alternate-site testing.—The agency, in
  342  consultation with the Board of Clinical Laboratory Personnel,
  343  shall adopt by rule the criteria for alternate-site testing to
  344  be performed under the supervision of a clinical laboratory
  345  director. The elements to be addressed in the rule include, but
  346  are not limited to: a hospital internal needs assessment; a
  347  protocol of implementation, including tests to be performed and
  348  who will perform the tests; criteria to be used in selecting the
  349  method of testing to be used for alternate-site testing; minimum
  350  training and education requirements for those who will perform
  351  alternate-site testing, such as documented training, licensure,
  352  certification, or other medical professional backgrounds not
  353  limited to laboratory professionals; documented inservice
  354  training as well as initial and ongoing competency validation;
  355  an appropriate internal and external quality control protocol;
  356  an internal mechanism for identifying and tracking alternate
  357  site testing by the central laboratory; and recordkeeping
  358  requirements. Alternate-site testing locations must register
  359  when the hospital applies to renew its license. For purposes of
  360  this section, the term “alternate-site testing” means any
  361  laboratory testing done under the administrative control of a
  362  hospital but performed out of the physical or administrative
  363  confines of the central laboratory.
  364         Section 18. Paragraph (f) of subsection (1) of section
  365  395.0161, Florida Statutes, is amended to read:
  366         395.0161 Licensure inspection.—
  367         (1) In addition to the requirement of s. 408.811, the
  368  agency shall make or cause to be made such inspections and
  369  investigations as it deems necessary, including:
  370         (f)Inspections of mobile surgical facilities at each time
  371  a facility establishes a new location, prior to the admission of
  372  patients. However, such inspections shall not be required when a
  373  mobile surgical facility is moved temporarily to a location
  374  where medical treatment will not be provided.
  375         Section 19. Subsection (3) of section 395.0163, Florida
  376  Statutes, is amended to read:
  377         395.0163 Construction inspections; plan submission and
  378  approval; fees.—
  379         (3)In addition to the requirements of s. 408.811, the
  380  agency shall inspect a mobile surgical facility at initial
  381  licensure and at each time the facility establishes a new
  382  location, prior to admission of patients. However, such
  383  inspections shall not be required when a mobile surgical
  384  facility is moved temporarily to a location where medical
  385  treatment will not be provided.
  386         Section 20. Subsection (2), paragraph (c) of subsection
  387  (6), and subsections (16) and (17) of section 395.0197, Florida
  388  Statutes, are amended to read:
  389         395.0197 Internal risk management program.—
  390         (2) The internal risk management program is the
  391  responsibility of the governing board of the health care
  392  facility. Each licensed facility shall hire a risk manager,
  393  licensed under s. 395.10974, who is responsible for
  394  implementation and oversight of such facility’s internal risk
  395  management program and who demonstrates competence, by education
  396  or experience, in the following areas: as required by this
  397  section. A risk manager must not be made responsible for more
  398  than four internal risk management programs in separate licensed
  399  facilities, unless the facilities are under one corporate
  400  ownership or the risk management programs are in rural
  401  hospitals.
  402         (a)Applicable standards of health care risk management.
  403         (b)Applicable federal, state, and local health and safety
  404  laws and rules.
  405         (c)General risk management administration.
  406         (d)Patient care.
  407         (e)Medical care.
  408         (f)Personal and social care.
  409         (g)Accident prevention.
  410         (h)Departmental organization and management.
  411         (i)Community interrelationships.
  412         (j)Medical terminology.
  413         (6)
  414         (c) The report submitted to the agency shall also contain
  415  the name and license number of the risk manager of the licensed
  416  facility, a copy of its policy and procedures which govern the
  417  measures taken by the facility and its risk manager to reduce
  418  the risk of injuries and adverse incidents, and the results of
  419  such measures. The annual report is confidential and is not
  420  available to the public pursuant to s. 119.07(1) or any other
  421  law providing access to public records. The annual report is not
  422  discoverable or admissible in any civil or administrative
  423  action, except in disciplinary proceedings by the agency or the
  424  appropriate regulatory board. The annual report is not available
  425  to the public as part of the record of investigation for and
  426  prosecution in disciplinary proceedings made available to the
  427  public by the agency or the appropriate regulatory board.
  428  However, the agency or the appropriate regulatory board shall
  429  make available, upon written request by a health care
  430  professional against whom probable cause has been found, any
  431  such records which form the basis of the determination of
  432  probable cause.
  433         (16) There shall be no monetary liability on the part of,
  434  and no cause of action for damages shall arise against, any risk
  435  manager, licensed under s. 395.10974, for the implementation and
  436  oversight of the internal risk management program in a facility
  437  licensed under this chapter or chapter 390 as required by this
  438  section, for any act or proceeding undertaken or performed
  439  within the scope of the functions of such internal risk
  440  management program if the risk manager acts without intentional
  441  fraud.
  442         (17) A privilege against civil liability is hereby granted
  443  to any licensed risk manager or licensed facility with regard to
  444  information furnished pursuant to this chapter, unless the
  445  licensed risk manager or facility acted in bad faith or with
  446  malice in providing such information.
  447         Section 21. Section 395.1046, Florida Statutes, is
  448  repealed.
  449         Section 22. Subsection (2) of section 395.1055, Florida
  450  Statutes, is amended, and paragraph (i) is added to subsection
  451  (1), to read:
  452         395.1055 Rules and enforcement.—
  453         (1) The agency shall adopt rules pursuant to ss. 120.536(1)
  454  and 120.54 to implement the provisions of this part, which shall
  455  include reasonable and fair minimum standards for ensuring that:
  456         (i)All hospitals providing pediatric cardiac
  457  catheterization, pediatric open-heart surgery, organ
  458  transplantation, neonatal intensive care services, psychiatric
  459  services, or comprehensive medical rehabilitation meet the
  460  minimum licensure requirements adopted by the agency. Such
  461  licensure requirements shall include quality of care, nurse
  462  staffing, physician staffing, physical plant, equipment,
  463  emergency transportation, and data reporting standards.
  464         (2) Separate standards may be provided for general and
  465  specialty hospitals, ambulatory surgical centers, mobile
  466  surgical facilities, and statutory rural hospitals as defined in
  467  s. 395.602.
  468         Section 23. Section 395.10971, Florida Statutes, is
  469  repealed.
  470         Section 24. Section 395.10972, Florida Statutes, is
  471  repealed.
  472         Section 25. Section 395.10973, Florida Statutes, is amended
  473  to read:
  474         395.10973 Powers and duties of the agency.—It is the
  475  function of the agency to:
  476         (1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  477  implement the provisions of this part and part II of chapter 408
  478  conferring duties upon it.
  479         (2)Develop, impose, and enforce specific standards within
  480  the scope of the general qualifications established by this part
  481  which must be met by individuals in order to receive licenses as
  482  health care risk managers. These standards shall be designed to
  483  ensure that health care risk managers are individuals of good
  484  character and otherwise suitable and, by training or experience
  485  in the field of health care risk management, qualified in
  486  accordance with the provisions of this part to serve as health
  487  care risk managers, within statutory requirements.
  488         (3)Develop a method for determining whether an individual
  489  meets the standards set forth in s. 395.10974.
  490         (4)Issue licenses to qualified individuals meeting the
  491  standards set forth in s. 395.10974.
  492         (5)Receive, investigate, and take appropriate action with
  493  respect to any charge or complaint filed with the agency to the
  494  effect that a certified health care risk manager has failed to
  495  comply with the requirements or standards adopted by rule by the
  496  agency or to comply with the provisions of this part.
  497         (6)Establish procedures for providing periodic reports on
  498  persons certified or disciplined by the agency under this part.
  499         (2)(7) Develop a model risk management program for health
  500  care facilities which will satisfy the requirements of s.
  501  395.0197.
  502         (3)(8) Enforce the special-occupancy provisions of the
  503  Florida Building Code which apply to hospitals, intermediate
  504  residential treatment facilities, and ambulatory surgical
  505  centers in conducting any inspection authorized by this chapter
  506  and part II of chapter 408.
  507         Section 26. Section 395.10974, Florida Statutes, is
  508  repealed.
  509         Section 27. Section 395.10975, Florida Statutes, is
  510  repealed.
  511         Section 28. Subsection (2) of section 395.602, Florida
  512  Statutes, is amended to read:
  513         395.602 Rural hospitals.—
  514         (2) DEFINITIONS.—As used in this part, the term:
  515         (a)“Emergency care hospital” means a medical facility
  516  which provides:
  517         1.Emergency medical treatment; and
  518         2.Inpatient care to ill or injured persons prior to their
  519  transportation to another hospital or provides inpatient medical
  520  care to persons needing care for a period of up to 96 hours. The
  521  96-hour limitation on inpatient care does not apply to respite,
  522  skilled nursing, hospice, or other nonacute care patients.
  523         (b)“Essential access community hospital” means any
  524  facility which:
  525         1.Has at least 100 beds;
  526         2.Is located more than 35 miles from any other essential
  527  access community hospital, rural referral center, or urban
  528  hospital meeting criteria for classification as a regional
  529  referral center;
  530         3.Is part of a network that includes rural primary care
  531  hospitals;
  532         4.Provides emergency and medical backup services to rural
  533  primary care hospitals in its rural health network;
  534         5.Extends staff privileges to rural primary care hospital
  535  physicians in its network; and
  536         6.Accepts patients transferred from rural primary care
  537  hospitals in its network.
  538         (c)“Inactive rural hospital bed” means a licensed acute
  539  care hospital bed, as defined in s. 395.002(13), that is
  540  inactive in that it cannot be occupied by acute care inpatients.
  541         (a)(d) “Rural area health education center” means an area
  542  health education center (AHEC), as authorized by Pub. L. No. 94
  543  484, which provides services in a county with a population
  544  density of up to no greater than 100 persons per square mile.
  545         (b)(e) “Rural hospital” means an acute care hospital
  546  licensed under this chapter, having 100 or fewer licensed beds
  547  and an emergency room, which is:
  548         1. The sole provider within a county with a population
  549  density of up to 100 persons per square mile;
  550         2. An acute care hospital, in a county with a population
  551  density of up to 100 persons per square mile, which is at least
  552  30 minutes of travel time, on normally traveled roads under
  553  normal traffic conditions, from any other acute care hospital
  554  within the same county;
  555         3. A hospital supported by a tax district or subdistrict
  556  whose boundaries encompass a population of up to 100 persons per
  557  square mile;
  558         4. A hospital classified as a sole community hospital under
  559  42 C.F.R. s. 412.92 which has up to 175 licensed beds;
  560         5. A hospital with a service area that has a population of
  561  up to 100 persons per square mile. As used in this subparagraph,
  562  the term “service area” means the fewest number of zip codes
  563  that account for 75 percent of the hospital’s discharges for the
  564  most recent 5-year period, based on information available from
  565  the hospital inpatient discharge database in the Florida Center
  566  for Health Information and Transparency at the agency; or
  567         6. A hospital designated as a critical access hospital, as
  568  defined in s. 408.07.
  569  
  570  Population densities used in this paragraph must be based upon
  571  the most recently completed United States census. A hospital
  572  that received funds under s. 409.9116 for a quarter beginning no
  573  later than July 1, 2002, is deemed to have been and shall
  574  continue to be a rural hospital from that date through June 30,
  575  2021, if the hospital continues to have up to 100 licensed beds
  576  and an emergency room. An acute care hospital that has not
  577  previously been designated as a rural hospital and that meets
  578  the criteria of this paragraph shall be granted such designation
  579  upon application, including supporting documentation, to the
  580  agency. A hospital that was licensed as a rural hospital during
  581  the 2010-2011 or 2011-2012 fiscal year shall continue to be a
  582  rural hospital from the date of designation through June 30,
  583  2021, if the hospital continues to have up to 100 licensed beds
  584  and an emergency room.
  585         (f)“Rural primary care hospital” means any facility
  586  meeting the criteria in paragraph (e) or s. 395.605 which
  587  provides:
  588         1.Twenty-four-hour emergency medical care;
  589         2.Temporary inpatient care for periods of 72 hours or less
  590  to patients requiring stabilization before discharge or transfer
  591  to another hospital. The 72-hour limitation does not apply to
  592  respite, skilled nursing, hospice, or other nonacute care
  593  patients; and
  594         3.Has no more than six licensed acute care inpatient beds.
  595         (c)(g) “Swing-bed” means a bed which can be used
  596  interchangeably as either a hospital, skilled nursing facility
  597  (SNF), or intermediate care facility (ICF) bed pursuant to 42
  598  C.F.R. parts 405, 435, 440, 442, and 447.
  599         Section 29. Section 395.603, Florida Statutes, is amended
  600  to read:
  601         395.603 Deactivation of general hospital beds; Rural
  602  hospital impact statement.—
  603         (1)The agency shall establish, by rule, a process by which
  604  a rural hospital, as defined in s. 395.602, that seeks licensure
  605  as a rural primary care hospital or as an emergency care
  606  hospital, or becomes a certified rural health clinic as defined
  607  in Pub. L. No. 95-210, or becomes a primary care program such as
  608  a county health department, community health center, or other
  609  similar outpatient program that provides preventive and curative
  610  services, may deactivate general hospital beds. Rural primary
  611  care hospitals and emergency care hospitals shall maintain the
  612  number of actively licensed general hospital beds necessary for
  613  the facility to be certified for Medicare reimbursement.
  614  Hospitals that discontinue inpatient care to become rural health
  615  care clinics or primary care programs shall deactivate all
  616  licensed general hospital beds. All hospitals, clinics, and
  617  programs with inactive beds shall provide 24-hour emergency
  618  medical care by staffing an emergency room. Providers with
  619  inactive beds shall be subject to the criteria in s. 395.1041.
  620  The agency shall specify in rule requirements for making 24-hour
  621  emergency care available. Inactive general hospital beds shall
  622  be included in the acute care bed inventory, maintained by the
  623  agency for certificate-of-need purposes, for 10 years from the
  624  date of deactivation of the beds. After 10 years have elapsed,
  625  inactive beds shall be excluded from the inventory. The agency
  626  shall, at the request of the licensee, reactivate the inactive
  627  general beds upon a showing by the licensee that licensure
  628  requirements for the inactive general beds are met.
  629         (2) In formulating and implementing policies and rules that
  630  may have significant impact on the ability of rural hospitals to
  631  continue to provide health care services in rural communities,
  632  the agency, the department, or the respective regulatory board
  633  adopting policies or rules regarding the licensure or
  634  certification of health care professionals shall provide a rural
  635  hospital impact statement. The rural hospital impact statement
  636  shall assess the proposed action in light of the following
  637  questions:
  638         (1)(a) Do the health personnel affected by the proposed
  639  action currently practice in rural hospitals or are they likely
  640  to in the near future?
  641         (2)(b) What are the current numbers of the affected health
  642  personnel in this state, their geographic distribution, and the
  643  number practicing in rural hospitals?
  644         (3)(c) What are the functions presently performed by the
  645  affected health personnel, and are such functions presently
  646  performed in rural hospitals?
  647         (4)(d) What impact will the proposed action have on the
  648  ability of rural hospitals to recruit the affected personnel to
  649  practice in their facilities?
  650         (5)(e) What impact will the proposed action have on the
  651  limited financial resources of rural hospitals through increased
  652  salaries and benefits necessary to recruit or retain such health
  653  personnel?
  654         (6)(f) Is there a less stringent requirement which could
  655  apply to practice in rural hospitals?
  656         (7)(g) Will this action create staffing shortages, which
  657  could result in a loss to the public of health care services in
  658  rural hospitals or result in closure of any rural hospitals?
  659         Section 30. Section 395.604, Florida Statutes, is repealed.
  660         Section 31. Section 395.605, Florida Statutes, is repealed.
  661         Section 32. Paragraph (c) of subsection (1) of section
  662  395.701, Florida Statutes, is amended to read:
  663         395.701 Annual assessments on net operating revenues for
  664  inpatient and outpatient services to fund public medical
  665  assistance; administrative fines for failure to pay assessments
  666  when due; exemption.—
  667         (1) For the purposes of this section, the term:
  668         (c) “Hospital” means a health care institution as defined
  669  in s. 395.002(12), but does not include any hospital operated by
  670  a state the agency or the Department of Corrections.
  671         Section 33. Paragraph (b) of subsection (2) of section
  672  395.7015, Florida Statutes, is amended to read:
  673         395.7015 Annual assessment on health care entities.—
  674         (2) There is imposed an annual assessment against certain
  675  health care entities as described in this section:
  676         (b) For the purpose of this section, “health care entities”
  677  include the following:
  678         1. Ambulatory surgical centers and mobile surgical
  679  facilities licensed under s. 395.003. This subsection shall only
  680  apply to mobile surgical facilities operating under contracts
  681  entered into on or after July 1, 1998.
  682         2.Clinical laboratories licensed under s. 483.091,
  683  excluding any hospital laboratory defined under s. 483.041(6),
  684  any clinical laboratory operated by the state or a political
  685  subdivision of the state, any clinical laboratory which
  686  qualifies as an exempt organization under s. 501(c)(3) of the
  687  Internal Revenue Code of 1986, as amended, and which receives 70
  688  percent or more of its gross revenues from services to charity
  689  patients or Medicaid patients, and any blood, plasma, or tissue
  690  bank procuring, storing, or distributing blood, plasma, or
  691  tissue either for future manufacture or research or distributed
  692  on a nonprofit basis, and further excluding any clinical
  693  laboratory which is wholly owned and operated by 6 or fewer
  694  physicians who are licensed pursuant to chapter 458 or chapter
  695  459 and who practice in the same group practice, and at which no
  696  clinical laboratory work is performed for patients referred by
  697  any health care provider who is not a member of the same group.
  698         2.3. Diagnostic-imaging centers that are freestanding
  699  outpatient facilities that provide specialized services for the
  700  identification or determination of a disease through examination
  701  and also provide sophisticated radiological services, and in
  702  which services are rendered by a physician licensed by the Board
  703  of Medicine under s. 458.311, s. 458.313, or s. 458.317, or by
  704  an osteopathic physician licensed by the Board of Osteopathic
  705  Medicine under s. 459.0055 or s. 459.0075. For purposes of this
  706  paragraph, “sophisticated radiological services” means the
  707  following: magnetic resonance imaging; nuclear medicine;
  708  angiography; arteriography; computed tomography; positron
  709  emission tomography; digital vascular imaging; bronchography;
  710  lymphangiography; splenography; ultrasound, excluding ultrasound
  711  providers that are part of a private physician’s office practice
  712  or when ultrasound is provided by two or more physicians
  713  licensed under chapter 458 or chapter 459 who are members of the
  714  same professional association and who practice in the same
  715  medical specialties; and such other sophisticated radiological
  716  services, excluding mammography, as adopted in rule by the
  717  board.
  718         Section 34. Subsection (1) of section 400.0625, Florida
  719  Statutes, is amended to read:
  720         400.0625 Minimum standards for clinical laboratory test
  721  results and diagnostic X-ray results.—
  722         (1) Each nursing home, as a requirement for issuance or
  723  renewal of its license, shall require that all clinical
  724  laboratory tests performed for the nursing home be performed by
  725  a licensed clinical laboratory licensed under the provisions of
  726  chapter 483, except for such self-testing procedures as are
  727  approved by the agency by rule. Results of clinical laboratory
  728  tests performed prior to admission which meet the minimum
  729  standards provided in s. 483.181(3) shall be accepted in lieu of
  730  routine examinations required upon admission and clinical
  731  laboratory tests which may be ordered by a physician for
  732  residents of the nursing home.
  733         Section 35. Subsection (1) and paragraphs (b), (e), and (f)
  734  of subsection (4) of section 400.464, Florida Statutes, are
  735  amended, and subsection (6) is added to that section, to read:
  736         400.464 Home health agencies to be licensed; expiration of
  737  license; exemptions; unlawful acts; penalties.—
  738         (1) The requirements of part II of chapter 408 apply to the
  739  provision of services that require licensure pursuant to this
  740  part and part II of chapter 408 and entities licensed or
  741  registered by or applying for such licensure or registration
  742  from the Agency for Health Care Administration pursuant to this
  743  part. A license issued by the agency is required in order to
  744  operate a home health agency in this state. A license issued
  745  after June 30, 2017, must specify the home health services that
  746  the organization is authorized to perform and indicate whether
  747  such specified services are considered skilled care. The
  748  provision or advertising of services which require licensure
  749  pursuant to this part without such services being specified on
  750  the face of the license issued after June 30, 2017, constitutes
  751  unlicensed activity as prohibited under s. 408.812.
  752         (4)
  753         (b) The operation or maintenance of an unlicensed home
  754  health agency or the performance of any home health services in
  755  violation of this part is declared a nuisance, inimical to the
  756  public health, welfare, and safety. The agency or any state
  757  attorney may, in addition to other remedies provided in this
  758  part, bring an action for an injunction to restrain such
  759  violation, or to enjoin the future operation or maintenance of
  760  the home health agency or the provision of home health services
  761  in violation of this part or part II of chapter 408, until
  762  compliance with this part or the rules adopted under this part
  763  has been demonstrated to the satisfaction of the agency.
  764         (e) Any person who owns, operates, or maintains an
  765  unlicensed home health agency and who, within 10 working days
  766  after receiving notification from the agency, fails to cease
  767  operation and apply for a license under this part commits a
  768  misdemeanor of the second degree, punishable as provided in s.
  769  775.082 or s. 775.083. Each day of continued operation is a
  770  separate offense.
  771         (f) Any home health agency that fails to cease operation
  772  after agency notification may be fined in accordance with s.
  773  408.812 $500 for each day of noncompliance.
  774         (6)Any person, entity, or organization providing home
  775  health services which is exempt from licensure under subsection
  776  (5) may voluntarily apply for a certificate of exemption from
  777  licensure under its exempt status with the agency on a form that
  778  sets forth its name or names and addresses, a statement of the
  779  reasons why it is exempt from licensure as a home health agency,
  780  and other information deemed necessary by the agency. A
  781  certificate of exemption is valid for a period of not more than
  782  2 years and is not transferable. The agency may charge an
  783  applicant for a certificate of exemption in an amount equal to
  784  $100 or the actual cost of processing the certificate.
  785         Section 36. Present subsections (7) through (10) of section
  786  400.471, Florida Statutes, are redesignated as subsections (6)
  787  through (9), respectively, and subsection (2), present
  788  subsection (6), and present subsection (10) of that section are
  789  amended, to read:
  790         400.471 Application for license; fee.—
  791         (2) In addition to the requirements of part II of chapter
  792  408, the initial applicant, the applicant for a change of
  793  ownership, and the applicant for the addition of skilled care
  794  services must file with the application satisfactory proof that
  795  the home health agency is in compliance with this part and
  796  applicable rules, including:
  797         (a) A listing of services to be provided, either directly
  798  by the applicant or through contractual arrangements with
  799  existing providers.
  800         (b) The number and discipline of professional staff to be
  801  employed.
  802         (c)Completion of questions concerning volume data on the
  803  renewal application as determined by rule.
  804         (c)(d) A business plan, signed by the applicant, which
  805  details the home health agency’s methods to obtain patients and
  806  its plan to recruit and maintain staff.
  807         (d)(e) Evidence of contingency funding as required under s.
  808  408.8065 equal to 1 month’s average operating expenses during
  809  the first year of operation.
  810         (e)(f) A balance sheet, income and expense statement, and
  811  statement of cash flows for the first 2 years of operation which
  812  provide evidence of having sufficient assets, credit, and
  813  projected revenues to cover liabilities and expenses. The
  814  applicant has demonstrated financial ability to operate if the
  815  applicant’s assets, credit, and projected revenues meet or
  816  exceed projected liabilities and expenses. An applicant may not
  817  project an operating margin of 15 percent or greater for any
  818  month in the first year of operation. All documents required
  819  under this paragraph must be prepared in accordance with
  820  generally accepted accounting principles and compiled and signed
  821  by a certified public accountant.
  822         (f)(g) All other ownership interests in health care
  823  entities for each controlling interest, as defined in part II of
  824  chapter 408.
  825         (g)(h) In the case of an application for initial licensure,
  826  an application for a change of ownership, or an application for
  827  the addition of skilled care services, documentation of
  828  accreditation, or an application for accreditation, from an
  829  accrediting organization that is recognized by the agency as
  830  having standards comparable to those required by this part and
  831  part II of chapter 408. A home health agency that is not
  832  Medicare or Medicaid certified and does not provide skilled care
  833  is exempt from this paragraph. Notwithstanding s. 408.806, an
  834  initial applicant that has applied for accreditation must
  835  provide proof of accreditation that is not conditional or
  836  provisional and submit a survey demonstrating compliance with
  837  the requirements of this part, part II of chapter 408, and
  838  applicable rules from an accrediting organization that is
  839  recognized by the agency as having standards comparable to those
  840  required by this part and part II of chapter 408 within 120 days
  841  after the date of the agency’s receipt of the application for
  842  licensure or the application shall be withdrawn from further
  843  consideration. Such accreditation must be continuously
  844  maintained by the home health agency to maintain licensure. The
  845  agency shall accept, in lieu of its own periodic licensure
  846  survey, the submission of the survey of an accrediting
  847  organization that is recognized by the agency if the
  848  accreditation of the licensed home health agency is not
  849  provisional and if the licensed home health agency authorizes
  850  releases of, and the agency receives the report of, the
  851  accrediting organization.
  852         (6)The agency may not issue a license designated as
  853  certified to a home health agency that fails to satisfy the
  854  requirements of a Medicare certification survey from the agency.
  855         (9)(10) The agency may not issue a renewal license for a
  856  home health agency in any county having at least one licensed
  857  home health agency and that has more than one home health agency
  858  per 5,000 persons, as indicated by the most recent population
  859  estimates published by the Legislature’s Office of Economic and
  860  Demographic Research, if the applicant or any controlling
  861  interest has been administratively sanctioned by the agency
  862  during the 2 years prior to the submission of the licensure
  863  renewal application for one or more of the following acts:
  864         (a) An intentional or negligent act that materially affects
  865  the health or safety of a client of the provider;
  866         (b) Knowingly providing home health services in an
  867  unlicensed assisted living facility or unlicensed adult family
  868  care home, unless the home health agency or employee reports the
  869  unlicensed facility or home to the agency within 72 hours after
  870  providing the services;
  871         (c) Preparing or maintaining fraudulent patient records,
  872  such as, but not limited to, charting ahead, recording vital
  873  signs or symptoms which were not personally obtained or observed
  874  by the home health agency’s staff at the time indicated,
  875  borrowing patients or patient records from other home health
  876  agencies to pass a survey or inspection, or falsifying
  877  signatures;
  878         (d) Failing to provide at least one service directly to a
  879  patient for a period of 60 days;
  880         (e) Demonstrating a pattern of falsifying documents
  881  relating to the training of home health aides or certified
  882  nursing assistants or demonstrating a pattern of falsifying
  883  health statements for staff who provide direct care to patients.
  884  A pattern may be demonstrated by a showing of at least three
  885  fraudulent entries or documents;
  886         (f) Demonstrating a pattern of billing any payor for
  887  services not provided. A pattern may be demonstrated by a
  888  showing of at least three billings for services not provided
  889  within a 12-month period;
  890         (g) Demonstrating a pattern of failing to provide a service
  891  specified in the home health agency’s written agreement with a
  892  patient or the patient’s legal representative, or the plan of
  893  care for that patient, except unless a reduction in service is
  894  mandated by Medicare, Medicaid, or a state program or as
  895  provided in s. 400.492(3). A pattern may be demonstrated by a
  896  showing of at least three incidents, regardless of the patient
  897  or service, in which the home health agency did not provide a
  898  service specified in a written agreement or plan of care during
  899  a 3-month period;
  900         (h) Giving remuneration to a case manager, discharge
  901  planner, facility-based staff member, or third-party vendor who
  902  is involved in the discharge planning process of a facility
  903  licensed under chapter 395, chapter 429, or this chapter from
  904  whom the home health agency receives referrals or gives
  905  remuneration as prohibited in s. 400.474(6)(a);
  906         (i) Giving cash, or its equivalent, to a Medicare or
  907  Medicaid beneficiary;
  908         (j) Demonstrating a pattern of billing the Medicaid program
  909  for services to Medicaid recipients which are medically
  910  unnecessary as determined by a final order. A pattern may be
  911  demonstrated by a showing of at least two such medically
  912  unnecessary services within one Medicaid program integrity audit
  913  period;
  914         (k) Providing services to residents in an assisted living
  915  facility for which the home health agency does not receive fair
  916  market value remuneration; or
  917         (l) Providing staffing to an assisted living facility for
  918  which the home health agency does not receive fair market value
  919  remuneration.
  920         Section 37. Subsection (5) of section 400.474, Florida
  921  Statutes, is amended to read:
  922         400.474 Administrative penalties.—
  923         (5) The agency shall impose a fine of $5,000 against a home
  924  health agency that demonstrates a pattern of failing to provide
  925  a service specified in the home health agency’s written
  926  agreement with a patient or the patient’s legal representative,
  927  or the plan of care for that patient, except unless a reduction
  928  in service is mandated by Medicare, Medicaid, or a state program
  929  or as provided in s. 400.492(3). A pattern may be demonstrated
  930  by a showing of at least three incidences, regardless of the
  931  patient or service, where the home health agency did not provide
  932  a service specified in a written agreement or plan of care
  933  during a 3-month period. The agency shall impose the fine for
  934  each occurrence. The agency may also impose additional
  935  administrative fines under s. 400.484 for the direct or indirect
  936  harm to a patient, or deny, revoke, or suspend the license of
  937  the home health agency for a pattern of failing to provide a
  938  service specified in the home health agency’s written agreement
  939  with a patient or the plan of care for that patient.
  940         Section 38. Paragraph (c) of subsection (2) of section
  941  400.476, Florida Statutes, is amended to read:
  942         400.476 Staffing requirements; notifications; limitations
  943  on staffing services.—
  944         (2) DIRECTOR OF NURSING.—
  945         (c) A home health agency that provides skilled nursing care
  946  must is not Medicare or Medicaid certified and does not provide
  947  skilled care or provides only physical, occupational, or speech
  948  therapy is not required to have a director of nursing and is
  949  exempt from paragraph (b).
  950         Section 39. Subsection (2) of section 400.484, Florida
  951  Statutes, is amended to read:
  952         400.484 Right of inspection; violations deficiencies;
  953  fines.—
  954         (2) The agency shall impose fines for various classes of
  955  violations deficiencies in accordance with the following
  956  schedule:
  957         (a) Class I violations are defined in s. 408.813 A class I
  958  deficiency is any act, omission, or practice that results in a
  959  patient’s death, disablement, or permanent injury, or places a
  960  patient at imminent risk of death, disablement, or permanent
  961  injury. Upon finding a class I violation deficiency, the agency
  962  shall impose an administrative fine in the amount of $15,000 for
  963  each occurrence and each day that the violation deficiency
  964  exists.
  965         (b) Class II violations are defined in s. 408.813 A class
  966  II deficiency is any act, omission, or practice that has a
  967  direct adverse effect on the health, safety, or security of a
  968  patient. Upon finding a class II violation deficiency, the
  969  agency shall impose an administrative fine in the amount of
  970  $5,000 for each occurrence and each day that the violation
  971  deficiency exists.
  972         (c) Class III violations are defined in s. 408.813 A class
  973  III deficiency is any act, omission, or practice that has an
  974  indirect, adverse effect on the health, safety, or security of a
  975  patient. Upon finding an uncorrected or repeated class III
  976  violation deficiency, the agency shall impose an administrative
  977  fine not to exceed $1,000 for each occurrence and each day that
  978  the uncorrected or repeated violation deficiency exists.
  979         (d) Class IV violations are defined in s. 408.813 A class
  980  IV deficiency is any act, omission, or practice related to
  981  required reports, forms, or documents which does not have the
  982  potential of negatively affecting patients. These violations are
  983  of a type that the agency determines do not threaten the health,
  984  safety, or security of patients. Upon finding an uncorrected or
  985  repeated class IV violation deficiency, the agency shall impose
  986  an administrative fine not to exceed $500 for each occurrence
  987  and each day that the uncorrected or repeated violation
  988  deficiency exists.
  989         Section 40. Subsection (4) of section 400.497, Florida
  990  Statutes, is amended to read:
  991         400.497 Rules establishing minimum standards.—The agency
  992  shall adopt, publish, and enforce rules to implement part II of
  993  chapter 408 and this part, including, as applicable, ss. 400.506
  994  and 400.509, which must provide reasonable and fair minimum
  995  standards relating to:
  996         (4) Licensure and certificate of exemption application and
  997  renewal.
  998         Section 41. Subsection (5), paragraphs (d) and (e) of
  999  subsection (6), paragraph (a) of subsection (15), and
 1000  subsections (19) and (20) of section 400.506, Florida Statutes,
 1001  are amended to read:
 1002         400.506 Licensure of nurse registries; requirements;
 1003  penalties.—
 1004         (5)(a) In addition to the requirements of s. 408.812, any
 1005  person who owns, operates, or maintains an unlicensed nurse
 1006  registry and who, within 10 working days after receiving
 1007  notification from the agency, fails to cease operation and apply
 1008  for a license under this part commits a misdemeanor of the
 1009  second degree, punishable as provided in s. 775.082 or s.
 1010  775.083. Each day of continued operation is a separate offense.
 1011         (b) If a nurse registry fails to cease operation after
 1012  agency notification, the agency may impose a fine in accordance
 1013  with s. 408.812 of $500 for each day of noncompliance.
 1014         (6)
 1015         (d) A registered nurse, licensed practical nurse, certified
 1016  nursing assistant, companion or homemaker, or home health aide
 1017  referred for contract under this chapter by a nurse registry is
 1018  deemed an independent contractor and not an employee of the
 1019  nurse registry under any chapter, regardless of the obligations
 1020  imposed on a nurse registry under this chapter or chapter 408.
 1021         (e) Upon referral of a registered nurse, licensed practical
 1022  nurse, certified nursing assistant, companion or homemaker, or
 1023  home health aide for contract in a private residence or
 1024  facility, the nurse registry shall advise the patient, the
 1025  patient’s family, or any other person acting on behalf of the
 1026  patient, at the time of the contract for services, that the
 1027  caregiver referred by the nurse registry is an independent
 1028  contractor and that the it is not the obligation of a nurse
 1029  registry is not permitted to monitor, supervise, manage, or
 1030  train a caregiver referred for contract under this chapter.
 1031         (15)(a) The agency may deny, suspend, or revoke the license
 1032  of a nurse registry and shall impose a fine of $5,000 against a
 1033  nurse registry that:
 1034         1. Provides services to residents in an assisted living
 1035  facility for which the nurse registry does not receive fair
 1036  market value remuneration.
 1037         2. Provides staffing to an assisted living facility for
 1038  which the nurse registry does not receive fair market value
 1039  remuneration.
 1040         3. Fails to provide the agency, upon request, with copies
 1041  of all contracts with assisted living facilities which were
 1042  executed within the last 5 years.
 1043         4.Gives remuneration to a case manager, discharge planner,
 1044  facility-based staff member, or third-party vendor who is
 1045  involved in the discharge planning process of a facility
 1046  licensed under chapter 395 or this chapter and from whom the
 1047  nurse registry receives referrals. A nurse registry is exempt
 1048  from this subparagraph if it does not bill the Florida Medicaid
 1049  program or the Medicare program or share a controlling interest
 1050  with any entity licensed, registered, or certified under part II
 1051  of chapter 408 that bills the Florida Medicaid program or the
 1052  Medicare program.
 1053         5.Gives remuneration to a physician, a member of the
 1054  physician’s office staff, or an immediate family member of the
 1055  physician, and the nurse registry received a patient referral in
 1056  the last 12 months from that physician or the physician’s office
 1057  staff. A nurse registry is exempt from this subparagraph if it
 1058  does not bill the Florida Medicaid program or the Medicare
 1059  program or share a controlling interest with any entity
 1060  licensed, registered, or certified under part II of chapter 408
 1061  that bills the Florida Medicaid program or the Medicare program.
 1062         (19) It is not the obligation of A nurse registry is not
 1063  permitted to monitor, supervise, manage, or train a registered
 1064  nurse, licensed practical nurse, certified nursing assistant,
 1065  companion or homemaker, or home health aide referred for
 1066  contract under this chapter. In the event of a violation of this
 1067  chapter or a violation of any other law of this state by a
 1068  referred registered nurse, licensed practical nurse, certified
 1069  nursing assistant, companion or homemaker, or home health aide,
 1070  or a deficiency in credentials which comes to the attention of
 1071  the nurse registry, the nurse registry shall advise the patient
 1072  to terminate the referred person’s contract, providing the
 1073  reason for the suggested termination; cease referring the person
 1074  to other patients or facilities; and, if practice violations are
 1075  involved, notify the licensing board. This section does not
 1076  affect or negate any other obligations imposed on a nurse
 1077  registry under chapter 408.
 1078         (20) Records required to be filed under this chapter with
 1079  the nurse registry as a repository of records must be kept in
 1080  accordance with rules adopted by the agency. The nurse registry
 1081  is not permitted has no obligation to review or act upon such
 1082  records except as specified in subsection (19).
 1083         Section 42. Subsection (1) of section 400.606, Florida
 1084  Statutes, is amended to read:
 1085         400.606 License; application; renewal; conditional license
 1086  or permit; certificate of need.—
 1087         (1) In addition to the requirements of part II of chapter
 1088  408, the initial application and change of ownership application
 1089  must be accompanied by a plan for the delivery of home,
 1090  residential, and homelike inpatient hospice services to
 1091  terminally ill persons and their families. Such plan must
 1092  contain, but need not be limited to:
 1093         (a) The estimated average number of terminally ill persons
 1094  to be served monthly.
 1095         (b) The geographic area in which hospice services will be
 1096  available.
 1097         (c) A listing of services which are or will be provided,
 1098  either directly by the applicant or through contractual
 1099  arrangements with existing providers.
 1100         (d) Provisions for the implementation of hospice home care
 1101  within 3 months after licensure.
 1102         (e) Provisions for the implementation of hospice homelike
 1103  inpatient care within 12 months after licensure.
 1104         (f) The number and disciplines of professional staff to be
 1105  employed.
 1106         (g) The name and qualifications of any existing or
 1107  potential contractee.
 1108         (h) A plan for attracting and training volunteers.
 1109  
 1110  If the applicant is an existing licensed health care provider,
 1111  the application must be accompanied by a copy of the most recent
 1112  profit-loss statement and, if applicable, the most recent
 1113  licensure inspection report.
 1114         Section 43. Subsection (6) of section 400.925, Florida
 1115  Statutes, is amended to read:
 1116         400.925 Definitions.—As used in this part, the term:
 1117         (6) “Home medical equipment” includes any product as
 1118  defined by the Federal Drug Administration’s Drugs, Devices and
 1119  Cosmetics Act, any products reimbursed under the Medicare Part B
 1120  Durable Medical Equipment benefits, or any products reimbursed
 1121  under the Florida Medicaid durable medical equipment program.
 1122  Home medical equipment includes:
 1123         (a) Oxygen and related respiratory equipment; manual,
 1124  motorized, or customized wheelchairs and related seating and
 1125  positioning, but does not include prosthetics or orthotics or
 1126  any splints, braces, or aids custom fabricated by a licensed
 1127  health care practitioner;
 1128         (b) Motorized scooters;
 1129         (c) Personal transfer systems; and
 1130         (d) Specialty beds, for use by a person with a medical
 1131  need; and
 1132         (e)Manual, motorized, or customized wheelchairs and
 1133  related seating and positioning, but does not include
 1134  prosthetics, orthotics, or any splints, braces, or aids custom
 1135  fabricated by a licensed health care practitioner.
 1136         Section 44. Subsection (4) of section 400.931, Florida
 1137  Statutes, is amended to read:
 1138         400.931 Application for license; fee.—
 1139         (4) When a change of the general manager of a home medical
 1140  equipment provider occurs, the licensee must notify the agency
 1141  of the change within the timeframes established in part II of
 1142  chapter 408 and applicable rules 45 days.
 1143         Section 45. Subsection (2) of section 400.933, Florida
 1144  Statutes, is amended to read:
 1145         400.933 Licensure inspections and investigations.—
 1146         (2) The agency shall accept, in lieu of its own periodic
 1147  inspections for licensure, submission of the following:
 1148         (a) The survey or inspection of an accrediting
 1149  organization, provided the accreditation of the licensed home
 1150  medical equipment provider is not provisional and provided the
 1151  licensed home medical equipment provider authorizes release of,
 1152  and the agency receives the report of, the accrediting
 1153  organization; or
 1154         (b) A copy of a valid medical oxygen retail establishment
 1155  permit issued by the Department of Business and Professional
 1156  Regulation Health, pursuant to chapter 499.
 1157         Section 46. Subsection (2) of section 400.980, Florida
 1158  Statutes, is amended to read:
 1159         400.980 Health care services pools.—
 1160         (2) The requirements of part II of chapter 408 apply to the
 1161  provision of services that require licensure or registration
 1162  pursuant to this part and part II of chapter 408 and to entities
 1163  registered by or applying for such registration from the agency
 1164  pursuant to this part. Registration or a license issued by the
 1165  agency is required for the operation of a health care services
 1166  pool in this state. In accordance with s. 408.805, an applicant
 1167  or licensee shall pay a fee for each license application
 1168  submitted using this part, part II of chapter 408, and
 1169  applicable rules. The agency shall adopt rules and provide forms
 1170  required for such registration and shall impose a registration
 1171  fee in an amount sufficient to cover the cost of administering
 1172  this part and part II of chapter 408. In addition to the
 1173  requirements in part II of chapter 408, the registrant must
 1174  provide the agency with any change of information contained on
 1175  the original registration application within the timeframes
 1176  established in this part, part II of chapter 408, and applicable
 1177  rules 14 days prior to the change.
 1178         Section 47. Paragraphs (a) through (d) of subsection (4) of
 1179  section 400.9905, Florida Statutes, are amended to read:
 1180         400.9905 Definitions.—
 1181         (4) “Clinic” means an entity where health care services are
 1182  provided to individuals and which tenders charges for
 1183  reimbursement for such services, including a mobile clinic and a
 1184  portable equipment provider. As used in this part, the term does
 1185  not include and the licensure requirements of this part do not
 1186  apply to:
 1187         (a) Entities licensed or registered by the state under
 1188  chapter 395; entities licensed or registered by the state and
 1189  providing only health care services within the scope of services
 1190  authorized under their respective licenses under ss. 383.30
 1191  383.332 ss. 383.30-383.335, chapter 390, chapter 394, chapter
 1192  397, this chapter except part X, chapter 429, chapter 463,
 1193  chapter 465, chapter 466, chapter 478, part I of chapter 483,
 1194  chapter 484, or chapter 651; end-stage renal disease providers
 1195  authorized under 42 C.F.R. part 405, subpart U; providers
 1196  certified under 42 C.F.R. part 485, subpart B or subpart H; or
 1197  any entity that provides neonatal or pediatric hospital-based
 1198  health care services or other health care services by licensed
 1199  practitioners solely within a hospital licensed under chapter
 1200  395.
 1201         (b) Entities that own, directly or indirectly, entities
 1202  licensed or registered by the state pursuant to chapter 395;
 1203  entities that own, directly or indirectly, entities licensed or
 1204  registered by the state and providing only health care services
 1205  within the scope of services authorized pursuant to their
 1206  respective licenses under ss. 383.30-383.332 ss. 383.30-383.335,
 1207  chapter 390, chapter 394, chapter 397, this chapter except part
 1208  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1209  478, part I of chapter 483, chapter 484, or chapter 651; end
 1210  stage renal disease providers authorized under 42 C.F.R. part
 1211  405, subpart U; providers certified under 42 C.F.R. part 485,
 1212  subpart B or subpart H; or any entity that provides neonatal or
 1213  pediatric hospital-based health care services by licensed
 1214  practitioners solely within a hospital licensed under chapter
 1215  395.
 1216         (c) Entities that are owned, directly or indirectly, by an
 1217  entity licensed or registered by the state pursuant to chapter
 1218  395; entities that are owned, directly or indirectly, by an
 1219  entity licensed or registered by the state and providing only
 1220  health care services within the scope of services authorized
 1221  pursuant to their respective licenses under ss. 383.30-383.332
 1222  ss. 383.30-383.335, chapter 390, chapter 394, chapter 397, this
 1223  chapter except part X, chapter 429, chapter 463, chapter 465,
 1224  chapter 466, chapter 478, part I of chapter 483, chapter 484, or
 1225  chapter 651; end-stage renal disease providers authorized under
 1226  42 C.F.R. part 405, subpart U; providers certified under 42
 1227  C.F.R. part 485, subpart B or subpart H; or any entity that
 1228  provides neonatal or pediatric hospital-based health care
 1229  services by licensed practitioners solely within a hospital
 1230  under chapter 395.
 1231         (d) Entities that are under common ownership, directly or
 1232  indirectly, with an entity licensed or registered by the state
 1233  pursuant to chapter 395; entities that are under common
 1234  ownership, directly or indirectly, with an entity licensed or
 1235  registered by the state and providing only health care services
 1236  within the scope of services authorized pursuant to their
 1237  respective licenses under ss. 383.30-383.332 ss. 383.30-383.335,
 1238  chapter 390, chapter 394, chapter 397, this chapter except part
 1239  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1240  478, part I of chapter 483, chapter 484, or chapter 651; end
 1241  stage renal disease providers authorized under 42 C.F.R. part
 1242  405, subpart U; providers certified under 42 C.F.R. part 485,
 1243  subpart B or subpart H; or any entity that provides neonatal or
 1244  pediatric hospital-based health care services by licensed
 1245  practitioners solely within a hospital licensed under chapter
 1246  395.
 1247  
 1248  Notwithstanding this subsection, an entity shall be deemed a
 1249  clinic and must be licensed under this part in order to receive
 1250  reimbursement under the Florida Motor Vehicle No-Fault Law, ss.
 1251  627.730-627.7405, unless exempted under s. 627.736(5)(h).
 1252         Section 48. Paragraph (a) of subsection (2) of section
 1253  408.033, Florida Statutes, is amended to read:
 1254         408.033 Local and state health planning.—
 1255         (2) FUNDING.—
 1256         (a) The Legislature intends that the cost of local health
 1257  councils be borne by assessments on selected health care
 1258  facilities subject to facility licensure by the Agency for
 1259  Health Care Administration, including abortion clinics, assisted
 1260  living facilities, ambulatory surgical centers, birthing
 1261  centers, clinical laboratories except community nonprofit blood
 1262  banks and clinical laboratories operated by practitioners for
 1263  exclusive use regulated under s. 483.035, home health agencies,
 1264  hospices, hospitals, intermediate care facilities for the
 1265  developmentally disabled, nursing homes, health care clinics,
 1266  and multiphasic testing centers and by assessments on
 1267  organizations subject to certification by the agency pursuant to
 1268  chapter 641, part III, including health maintenance
 1269  organizations and prepaid health clinics. Fees assessed may be
 1270  collected prospectively at the time of licensure renewal and
 1271  prorated for the licensure period.
 1272         Section 49. Paragraph (e) and present paragraph (p) of
 1273  subsection (3) of section 408.036, Florida Statutes, are amended
 1274  to read:
 1275         408.036 Projects subject to review; exemptions.—
 1276         (3) EXEMPTIONS.—Upon request, the following projects are
 1277  subject to exemption from the provisions of subsection (1):
 1278         (e)For mobile surgical facilities and related health care
 1279  services provided under contract with the Department of
 1280  Corrections or a private correctional facility operating
 1281  pursuant to chapter 957.
 1282         (o)(p) For replacement of a licensed nursing home on the
 1283  same site, or within 5 miles of the same site if within the same
 1284  subdistrict, if the number of licensed beds does not increase
 1285  except as permitted under paragraph (e) (f).
 1286         Section 50. Subsection (4) of section 408.061, Florida
 1287  Statutes, is amended to read:
 1288         408.061 Data collection; uniform systems of financial
 1289  reporting; information relating to physician charges;
 1290  confidential information; immunity.—
 1291         (4) Within 120 days after the end of its fiscal year, each
 1292  health care facility, excluding continuing care facilities as
 1293  defined in s. 408.07(13), hospitals operated by state agencies,
 1294  and nursing homes as defined in s. 408.07(36) s. 408.07(14) and
 1295  (37), shall file with the agency, on forms adopted by the agency
 1296  and based on the uniform system of financial reporting, its
 1297  actual financial experience for that fiscal year, including
 1298  expenditures, revenues, and statistical measures. Such data may
 1299  be based on internal financial reports which are certified to be
 1300  complete and accurate by the provider. However, hospitals’
 1301  actual financial experience shall be their audited actual
 1302  experience. Every nursing home shall submit to the agency, in a
 1303  format designated by the agency, a statistical profile of the
 1304  nursing home residents. The agency, in conjunction with the
 1305  Department of Elderly Affairs and the Department of Health,
 1306  shall review these statistical profiles and develop
 1307  recommendations for the types of residents who might more
 1308  appropriately be placed in their homes or other noninstitutional
 1309  settings.
 1310         Section 51. Subsection (11) of section 408.07, Florida
 1311  Statutes, is amended to read:
 1312         408.07 Definitions.—As used in this chapter, with the
 1313  exception of ss. 408.031-408.045, the term:
 1314         (11)“Clinical laboratory” means a facility licensed under
 1315  s. 483.091, excluding: any hospital laboratory defined under s.
 1316  483.041(6); any clinical laboratory operated by the state or a
 1317  political subdivision of the state; any blood or tissue bank
 1318  where the majority of revenues are received from the sale of
 1319  blood or tissue and where blood, plasma, or tissue is procured
 1320  from volunteer donors and donated, processed, stored, or
 1321  distributed on a nonprofit basis; and any clinical laboratory
 1322  which is wholly owned and operated by physicians who are
 1323  licensed pursuant to chapter 458 or chapter 459 and who practice
 1324  in the same group practice, and at which no clinical laboratory
 1325  work is performed for patients referred by any health care
 1326  provider who is not a member of that same group practice.
 1327         Section 52. Subsection (4) of section 408.20, Florida
 1328  Statutes, is amended to read:
 1329         408.20 Assessments; Health Care Trust Fund.—
 1330         (4) Hospitals operated by state agencies the Department of
 1331  Children and Families, the Department of Health, or the
 1332  Department of Corrections are exempt from the assessments
 1333  required under this section.
 1334         Section 53. Section 408.7056, Florida Statutes, is
 1335  repealed.
 1336         Section 54. Subsections (10), (11), and (27) of section
 1337  408.802, Florida Statutes, are amended to read:
 1338         408.802 Applicability.—The provisions of this part apply to
 1339  the provision of services that require licensure as defined in
 1340  this part and to the following entities licensed, registered, or
 1341  certified by the agency, as described in chapters 112, 383, 390,
 1342  394, 395, 400, 429, 440, 483, and 765:
 1343         (10)Mobile surgical facilities, as provided under part I
 1344  of chapter 395.
 1345         (11)Health care risk managers, as provided under part I of
 1346  chapter 395.
 1347         (27)Clinical laboratories, as provided under part I of
 1348  chapter 483.
 1349         Section 55. Present subsections (12) and (13) of section
 1350  408.803, Florida Statutes, are renumbered as subsections (13)
 1351  and (14), respectively, and a new subsection (12) is added to
 1352  that section, to read:
 1353         408.803 Definitions.—As used in this part, the term:
 1354         (12)“Relative” means an individual who is the father,
 1355  mother, stepfather, stepmother, son, daughter, brother, sister,
 1356  grandmother, grandfather, great-grandmother, great-grandfather,
 1357  grandson, granddaughter, uncle, aunt, first cousin, nephew,
 1358  niece, husband, wife, father-in-law, mother-in-law, son-in-law,
 1359  daughter-in-law, brother-in-law, sister-in-law, stepson,
 1360  stepdaughter, stepbrother, stepsister, half-brother, or half
 1361  sister of a patient or client.
 1362         Section 56. Paragraph (a) of subsection (1) and paragraph
 1363  (c) of subsection (7) of section 408.806, Florida Statutes, are
 1364  amended, and subsection (9) is added to that section, to read:
 1365         408.806 License application process.—
 1366         (1) An application for licensure must be made to the agency
 1367  on forms furnished by the agency, submitted under oath or
 1368  attestation, and accompanied by the appropriate fee in order to
 1369  be accepted and considered timely. The application must contain
 1370  information required by authorizing statutes and applicable
 1371  rules and must include:
 1372         (a) The name, address, and social security number, or
 1373  individual taxpayer identification number if a social security
 1374  number cannot legally be obtained, of:
 1375         1. The applicant;
 1376         2. The administrator or a similarly titled person who is
 1377  responsible for the day-to-day operation of the provider;
 1378         3. The financial officer or similarly titled person who is
 1379  responsible for the financial operation of the licensee or
 1380  provider; and
 1381         4. Each controlling interest if the applicant or
 1382  controlling interest is an individual.
 1383  
 1384  The licensee shall ensure that no person who is ineligible for
 1385  licensure under s. 408.809(4) has any direct or indirect
 1386  ownership interest in the licensee, regardless of ownership
 1387  structure. The licensee shall ensure that no person holds or has
 1388  held any ownership interest, directly or indirectly, regardless
 1389  of ownership structure, in a provider that has had a license or
 1390  change of ownership application denied, revoked, or excluded
 1391  pursuant to s. 408.815.
 1392         (7)
 1393         (c) If an inspection is required by the authorizing statute
 1394  for a license application other than an initial application, the
 1395  inspection must be unannounced. This paragraph does not apply to
 1396  inspections required pursuant to ss. 383.324, 395.0161(4), and,
 1397  429.67(6), and 483.061(2).
 1398         (9)A licensee that holds a license for multiple providers
 1399  licensed by the agency may request that all related license
 1400  expiration dates be aligned. Upon such a request, the agency may
 1401  issue a license for an abbreviated licensure period with a
 1402  prorated licensure fee.
 1403         Section 57. Subsection (8) of section 408.810, Florida
 1404  Statutes, is amended, and subsection (11) is added to that
 1405  section to read:
 1406         408.810 Minimum licensure requirements.—In addition to the
 1407  licensure requirements specified in this part, authorizing
 1408  statutes, and applicable rules, each applicant and licensee must
 1409  comply with the requirements of this section in order to obtain
 1410  and maintain a license.
 1411         (8) Upon application for initial licensure or change of
 1412  ownership licensure, the applicant shall furnish satisfactory
 1413  proof of the applicant’s financial ability to operate in
 1414  accordance with the requirements of this part, authorizing
 1415  statutes, and applicable rules. The agency shall establish
 1416  standards for this purpose, including information concerning the
 1417  applicant’s controlling interests. The agency shall also
 1418  establish documentation requirements, to be completed by each
 1419  applicant, that show anticipated provider revenues and
 1420  expenditures, the basis for financing the anticipated cash-flow
 1421  requirements of the provider, and an applicant’s access to
 1422  contingency financing. A current certificate of authority,
 1423  pursuant to chapter 651, may be provided as proof of financial
 1424  ability to operate. The agency may require a licensee to provide
 1425  proof of financial ability to operate at any time if there is
 1426  evidence of financial instability, including, but not limited
 1427  to, unpaid expenses necessary for the basic operations of the
 1428  provider. An applicant applying for change of ownership
 1429  licensure is exempt from furnishing proof of the applicant’s
 1430  financial ability to operate if the provider has been licensed
 1431  for at least 5 years and:
 1432         (a)The ownership change is a result of a corporate
 1433  reorganization under which the controlling interest is unchanged
 1434  and the applicant submits organizational charts that represent
 1435  the current and proposed structure of the reorganized
 1436  corporation; or
 1437         (b)The ownership change is due solely to the death of a
 1438  person holding a controlling interest, and the persons holding
 1439  the surviving controlling interests continue to hold at least 51
 1440  percent of ownership after the change of ownership.
 1441         (11)The agency may adopt rules that govern the
 1442  circumstances under which a controlling interest, an
 1443  administrator, an employee, or a contractor, or a representative
 1444  thereof, who is not a relative of the patient or client may act
 1445  as a legal representative, agent, health care surrogate, power
 1446  of attorney, or guardian of a patient or client. Such rules may
 1447  include requirements related to disclosure, bonding,
 1448  restrictions, and client protections.
 1449         Section 58. Section 408.812, Florida Statutes, is amended
 1450  to read:
 1451         408.812 Unlicensed activity.—
 1452         (1) A person or entity may not offer or advertise services
 1453  that require licensure as defined by this part, authorizing
 1454  statutes, or applicable rules to the public without obtaining a
 1455  valid license from the agency. A licenseholder may not advertise
 1456  or hold out to the public that he or she holds a license for
 1457  other than that for which he or she actually holds the license.
 1458         (2) The operation or maintenance of an unlicensed provider
 1459  or the performance of any services that require licensure
 1460  without proper licensure is a violation of this part and
 1461  authorizing statutes. Unlicensed activity constitutes harm that
 1462  materially affects the health, safety, and welfare of clients,
 1463  and abuse and neglect as defined in s. 415.102. The agency or
 1464  any state attorney may, in addition to other remedies provided
 1465  in this part, bring an action for an injunction to restrain such
 1466  violation, or to enjoin the future operation or maintenance of
 1467  the unlicensed provider or the performance of any services in
 1468  violation of this part and authorizing statutes, until
 1469  compliance with this part, authorizing statutes, and agency
 1470  rules has been demonstrated to the satisfaction of the agency.
 1471         (3) It is unlawful for any person or entity to own,
 1472  operate, or maintain an unlicensed provider. If, after receiving
 1473  notification from the agency, such person or entity fails to
 1474  cease operation and apply for a license under this part and
 1475  authorizing statutes, the person or entity is shall be subject
 1476  to penalties as prescribed by authorizing statutes and
 1477  applicable rules. Each day of continued operation is a separate
 1478  offense.
 1479         (4) Any person or entity that fails to cease operation
 1480  after agency notification may be fined $1,000 for each day of
 1481  noncompliance.
 1482         (5) When a controlling interest or licensee has an interest
 1483  in more than one provider and fails to license a provider
 1484  rendering services that require licensure, the agency may revoke
 1485  all licenses, and impose actions under s. 408.814, and,
 1486  regardless of correction, impose a fine of $1,000 per day,
 1487  unless otherwise specified by authorizing statutes, against each
 1488  licensee until such time as the appropriate license is obtained
 1489  or the unlicensed activity ceases for the unlicensed operation.
 1490         (6) In addition to granting injunctive relief pursuant to
 1491  subsection (2), if the agency determines that a person or entity
 1492  is operating or maintaining a provider without obtaining a
 1493  license and determines that a condition exists that poses a
 1494  threat to the health, safety, or welfare of a client of the
 1495  provider, the person or entity is subject to the same actions
 1496  and fines imposed against a licensee as specified in this part,
 1497  authorizing statutes, and agency rules.
 1498         (7) Any person aware of the operation of an unlicensed
 1499  provider must report that provider to the agency.
 1500         Section 59. Subsections (10), (11), (26), and (27) of
 1501  section 408.820, Florida Statutes, are amended to read:
 1502         408.820 Exemptions.—Except as prescribed in authorizing
 1503  statutes, the following exemptions shall apply to specified
 1504  requirements of this part:
 1505         (10)Mobile surgical facilities, as provided under part I
 1506  of chapter 395, are exempt from s. 408.810(7)-(10).
 1507         (11)Health care risk managers, as provided under part I of
 1508  chapter 395, are exempt from ss. 408.806(7), 408.810(4)-(10),
 1509  and 408.811.
 1510         (26)Clinical laboratories, as provided under part I of
 1511  chapter 483, are exempt from s. 408.810(5)-(10).
 1512         (24)(27) Multiphasic health testing centers, as provided
 1513  under part I II of chapter 483, are exempt from s. 408.810(5)
 1514  (10).
 1515         Section 60. Subsection (7) of section 409.905, Florida
 1516  Statutes, is amended to read:
 1517         409.905 Mandatory Medicaid services.—The agency may make
 1518  payments for the following services, which are required of the
 1519  state by Title XIX of the Social Security Act, furnished by
 1520  Medicaid providers to recipients who are determined to be
 1521  eligible on the dates on which the services were provided. Any
 1522  service under this section shall be provided only when medically
 1523  necessary and in accordance with state and federal law.
 1524  Mandatory services rendered by providers in mobile units to
 1525  Medicaid recipients may be restricted by the agency. Nothing in
 1526  this section shall be construed to prevent or limit the agency
 1527  from adjusting fees, reimbursement rates, lengths of stay,
 1528  number of visits, number of services, or any other adjustments
 1529  necessary to comply with the availability of moneys and any
 1530  limitations or directions provided for in the General
 1531  Appropriations Act or chapter 216.
 1532         (7) INDEPENDENT LABORATORY SERVICES.—The agency shall pay
 1533  for medically necessary diagnostic laboratory procedures ordered
 1534  by a licensed physician or other licensed practitioner of the
 1535  healing arts which are provided for a recipient in a laboratory
 1536  that meets the requirements for Medicare participation and
 1537  appropriately certified by the Centers for Medicare and Medicaid
 1538  Services under the federal Clinical Laboratory Improvement
 1539  Amendments of 1988 is licensed under chapter 483, if required.
 1540         Section 61. Subsection (6) of section 409.9116, Florida
 1541  Statutes, is amended to read:
 1542         409.9116 Disproportionate share/financial assistance
 1543  program for rural hospitals.—In addition to the payments made
 1544  under s. 409.911, the Agency for Health Care Administration
 1545  shall administer a federally matched disproportionate share
 1546  program and a state-funded financial assistance program for
 1547  statutory rural hospitals. The agency shall make
 1548  disproportionate share payments to statutory rural hospitals
 1549  that qualify for such payments and financial assistance payments
 1550  to statutory rural hospitals that do not qualify for
 1551  disproportionate share payments. The disproportionate share
 1552  program payments shall be limited by and conform with federal
 1553  requirements. Funds shall be distributed quarterly in each
 1554  fiscal year for which an appropriation is made. Notwithstanding
 1555  the provisions of s. 409.915, counties are exempt from
 1556  contributing toward the cost of this special reimbursement for
 1557  hospitals serving a disproportionate share of low-income
 1558  patients.
 1559         (6) This section applies only to hospitals that were
 1560  defined as statutory rural hospitals, or their successor-in
 1561  interest hospital, prior to January 1, 2001. Any additional
 1562  hospital that is defined as a statutory rural hospital, or its
 1563  successor-in-interest hospital, on or after January 1, 2001, is
 1564  not eligible for programs under this section unless additional
 1565  funds are appropriated each fiscal year specifically to the
 1566  rural hospital disproportionate share and financial assistance
 1567  programs in an amount necessary to prevent any hospital, or its
 1568  successor-in-interest hospital, eligible for the programs prior
 1569  to January 1, 2001, from incurring a reduction in payments
 1570  because of the eligibility of an additional hospital to
 1571  participate in the programs. A hospital, or its successor-in
 1572  interest hospital, which received funds pursuant to this section
 1573  before January 1, 2001, and which qualifies under s.
 1574  395.602(2)(b) 395.602(2)(e), shall be included in the programs
 1575  under this section and is not required to seek additional
 1576  appropriations under this subsection.
 1577         Section 62. Paragraphs (a) and (b) of subsection (1) of
 1578  section 409.975, Florida Statutes, are amended to read:
 1579         409.975 Managed care plan accountability.—In addition to
 1580  the requirements of s. 409.967, plans and providers
 1581  participating in the managed medical assistance program shall
 1582  comply with the requirements of this section.
 1583         (1) PROVIDER NETWORKS.—Managed care plans must develop and
 1584  maintain provider networks that meet the medical needs of their
 1585  enrollees in accordance with standards established pursuant to
 1586  s. 409.967(2)(c). Except as provided in this section, managed
 1587  care plans may limit the providers in their networks based on
 1588  credentials, quality indicators, and price.
 1589         (a) Plans must include all providers in the region that are
 1590  classified by the agency as essential Medicaid providers, unless
 1591  the agency approves, in writing, an alternative arrangement for
 1592  securing the types of services offered by the essential
 1593  providers. Providers are essential for serving Medicaid
 1594  enrollees if they offer services that are not available from any
 1595  other provider within a reasonable access standard, or if they
 1596  provided a substantial share of the total units of a particular
 1597  service used by Medicaid patients within the region during the
 1598  last 3 years and the combined capacity of other service
 1599  providers in the region is insufficient to meet the total needs
 1600  of the Medicaid patients. The agency may not classify physicians
 1601  and other practitioners as essential providers. The agency, at a
 1602  minimum, shall determine which providers in the following
 1603  categories are essential Medicaid providers:
 1604         1. Federally qualified health centers.
 1605         2. Statutory teaching hospitals as defined in s. 408.07(44)
 1606  408.07(45).
 1607         3. Hospitals that are trauma centers as defined in s.
 1608  395.4001(14).
 1609         4. Hospitals located at least 25 miles from any other
 1610  hospital with similar services.
 1611  
 1612  Managed care plans that have not contracted with all essential
 1613  providers in the region as of the first date of recipient
 1614  enrollment, or with whom an essential provider has terminated
 1615  its contract, must negotiate in good faith with such essential
 1616  providers for 1 year or until an agreement is reached, whichever
 1617  is first. Payments for services rendered by a nonparticipating
 1618  essential provider shall be made at the applicable Medicaid rate
 1619  as of the first day of the contract between the agency and the
 1620  plan. A rate schedule for all essential providers shall be
 1621  attached to the contract between the agency and the plan. After
 1622  1 year, managed care plans that are unable to contract with
 1623  essential providers shall notify the agency and propose an
 1624  alternative arrangement for securing the essential services for
 1625  Medicaid enrollees. The arrangement must rely on contracts with
 1626  other participating providers, regardless of whether those
 1627  providers are located within the same region as the
 1628  nonparticipating essential service provider. If the alternative
 1629  arrangement is approved by the agency, payments to
 1630  nonparticipating essential providers after the date of the
 1631  agency’s approval shall equal 90 percent of the applicable
 1632  Medicaid rate. Except for payment for emergency services, if the
 1633  alternative arrangement is not approved by the agency, payment
 1634  to nonparticipating essential providers shall equal 110 percent
 1635  of the applicable Medicaid rate.
 1636         (b) Certain providers are statewide resources and essential
 1637  providers for all managed care plans in all regions. All managed
 1638  care plans must include these essential providers in their
 1639  networks. Statewide essential providers include:
 1640         1. Faculty plans of Florida medical schools.
 1641         2. Regional perinatal intensive care centers as defined in
 1642  s. 383.16(2).
 1643         3. Hospitals licensed as specialty children’s hospitals as
 1644  defined in s. 395.002(27) 395.002(28).
 1645         4. Accredited and integrated systems serving medically
 1646  complex children which comprise separately licensed, but
 1647  commonly owned, health care providers delivering at least the
 1648  following services: medical group home, in-home and outpatient
 1649  nursing care and therapies, pharmacy services, durable medical
 1650  equipment, and Prescribed Pediatric Extended Care.
 1651  
 1652  Managed care plans that have not contracted with all statewide
 1653  essential providers in all regions as of the first date of
 1654  recipient enrollment must continue to negotiate in good faith.
 1655  Payments to physicians on the faculty of nonparticipating
 1656  Florida medical schools shall be made at the applicable Medicaid
 1657  rate. Payments for services rendered by regional perinatal
 1658  intensive care centers shall be made at the applicable Medicaid
 1659  rate as of the first day of the contract between the agency and
 1660  the plan. Except for payments for emergency services, payments
 1661  to nonparticipating specialty children’s hospitals shall equal
 1662  the highest rate established by contract between that provider
 1663  and any other Medicaid managed care plan.
 1664         Section 63. Subsections (5) and (17) of section 429.02,
 1665  Florida Statutes, are amended to read:
 1666         429.02 Definitions.—When used in this part, the term:
 1667         (5) “Assisted living facility” means any building or
 1668  buildings, section or distinct part of a building, private home,
 1669  boarding home, home for the aged, or other residential facility,
 1670  whether operated for profit or not, which, undertakes through
 1671  its ownership or management, provides to provide housing, meals,
 1672  and one or more personal services for a period exceeding 24
 1673  hours to one or more adults who are not relatives of the owner
 1674  or administrator.
 1675         (17) “Personal services” means direct physical assistance
 1676  with or supervision of the activities of daily living, and the
 1677  self-administration of medication, or and other similar services
 1678  which the department may define by rule. The term may “Personal
 1679  services” shall not be construed to mean the provision of
 1680  medical, nursing, dental, or mental health services, or, with
 1681  the exception of authorized adult day care services provided
 1682  within a licensed assisted living facility, personal services to
 1683  individuals who are not residents of the facility.
 1684         Section 64. Paragraphs (b) and (d) of subsection (2) of
 1685  section 429.04, Florida Statutes, are amended, and subsection
 1686  (3) is added to that section, to read:
 1687         429.04 Facilities to be licensed; exemptions.—
 1688         (2) The following are exempt from licensure under this
 1689  part:
 1690         (b) Any facility or part of a facility licensed by the
 1691  Agency for Persons with Disabilities under chapter 393, a mental
 1692  health facility licensed under or chapter 394, a hospital
 1693  licensed under chapter 395, a nursing home licensed under part
 1694  II of chapter 400, an inpatient hospice licensed under part IV
 1695  of chapter 400, a home for special services licensed under part
 1696  V of chapter 400, an intermediate care facility licensed under
 1697  part VIII of chapter 400, or a transitional living facility
 1698  licensed under part XI of chapter 400.
 1699         (d) Any person who provides housing, meals, and one or more
 1700  personal services on a 24-hour basis in the person’s own home to
 1701  not more than two adults who do not receive optional state
 1702  supplementation. The person who provides the housing, meals, and
 1703  personal services must own or rent the home and must have
 1704  established the home as his or her permanent residence. For
 1705  purposes of this paragraph, any person holding a homestead
 1706  exemption at an address other than that at which the person
 1707  asserts this exemption is presumed to not have established
 1708  permanent residence reside therein. This exemption does not
 1709  apply to a person or entity that previously held a license
 1710  issued by the agency which was revoked or for which renewal was
 1711  denied by final order of the agency, or when the person or
 1712  entity voluntarily relinquished the license during agency
 1713  enforcement proceedings.
 1714         (3)Upon agency investigation of unlicensed activity, any
 1715  person or entity asserting an exemption pursuant to this section
 1716  has the burden of providing documentation substantiating that
 1717  the person or entity is entitled to the exemption.
 1718         Section 65. Paragraphs (b) and (d) of subsection (1) of
 1719  section 429.08, Florida Statutes, are amended, to read:
 1720         429.08 Unlicensed facilities; referral of person for
 1721  residency to unlicensed facility; penalties.—
 1722         (1)
 1723         (b) Except as provided under paragraph (d), Any person who
 1724  owns, rents, or otherwise maintains a building or property that
 1725  operates, or maintains an unlicensed assisted living facility
 1726  commits a felony of the third degree, punishable as provided in
 1727  s. 775.082, s. 775.083, or s. 775.084. Each day of continued
 1728  operation is a separate offense.
 1729         (d) In addition to the requirements of s. 408.812, any
 1730  person who owns, operates, or maintains an unlicensed assisted
 1731  living facility after receiving notice from the agency due to a
 1732  change in this part or a modification in rule within 6 months
 1733  after the effective date of such change and who, within 10
 1734  working days after receiving notification from the agency, fails
 1735  to cease operation or apply for a license under this part
 1736  commits a felony of the third degree, punishable as provided in
 1737  s. 775.082, s. 775.083, or s. 775.084. Each day of continued
 1738  operation is a separate offense.
 1739         Section 66. Section 429.176, Florida Statutes, is amended
 1740  to read:
 1741         429.176 Notice of change of administrator.—If, during the
 1742  period for which a license is issued, the owner changes
 1743  administrators, the owner must notify the agency of the change
 1744  within 10 days and provide documentation within 90 days that the
 1745  new administrator has completed the applicable core educational
 1746  requirements under s. 429.52. A facility may not be operated for
 1747  more than 120 consecutive days without an administrator who has
 1748  completed the core educational requirements.
 1749         Section 67. Paragraph (h) of subsection (1) of section
 1750  429.41, Florida Statutes, is amended to read:
 1751         429.41 Rules establishing standards.—
 1752         (1) It is the intent of the Legislature that rules
 1753  published and enforced pursuant to this section shall include
 1754  criteria by which a reasonable and consistent quality of
 1755  resident care and quality of life may be ensured and the results
 1756  of such resident care may be demonstrated. Such rules shall also
 1757  ensure a safe and sanitary environment that is residential and
 1758  noninstitutional in design or nature. It is further intended
 1759  that reasonable efforts be made to accommodate the needs and
 1760  preferences of residents to enhance the quality of life in a
 1761  facility. Uniform firesafety standards for assisted living
 1762  facilities shall be established by the State Fire Marshal
 1763  pursuant to s. 633.206. The agency, in consultation with the
 1764  department, may adopt rules to administer the requirements of
 1765  part II of chapter 408. In order to provide safe and sanitary
 1766  facilities and the highest quality of resident care
 1767  accommodating the needs and preferences of residents, the
 1768  department, in consultation with the agency, the Department of
 1769  Children and Families, and the Department of Health, shall adopt
 1770  rules, policies, and procedures to administer this part, which
 1771  must include reasonable and fair minimum standards in relation
 1772  to:
 1773         (h) The care and maintenance of residents, which must
 1774  include, but is not limited to:
 1775         1. The supervision of residents;
 1776         2. The provision of personal services. With the exception
 1777  of authorized adult day care services provided within a licensed
 1778  assisted living facility, an assisted living facility may not
 1779  provide personal services to individuals who are not residents
 1780  of the facility;
 1781         3. The provision of, or arrangement for, social and leisure
 1782  activities;
 1783         4. The arrangement for appointments and transportation to
 1784  appropriate medical, dental, nursing, or mental health services,
 1785  as needed by residents;
 1786         5. The management of medication;
 1787         6. The nutritional needs of residents;
 1788         7. Resident records; and
 1789         8. Internal risk management and quality assurance.
 1790         Section 68. Subsection (4) of section 456.001, Florida
 1791  Statutes, is amended to read:
 1792         456.001 Definitions.—As used in this chapter, the term:
 1793         (4) “Health care practitioner” means any person licensed
 1794  under chapter 457; chapter 458; chapter 459; chapter 460;
 1795  chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
 1796  chapter 466; chapter 467; part I, part II, part III, part V,
 1797  part X, part XIII, or part XIV of chapter 468; chapter 478;
 1798  chapter 480; part II or part III or part IV of chapter 483;
 1799  chapter 484; chapter 486; chapter 490; or chapter 491.
 1800         Section 69. Paragraphs (h) and (i) of subsection (2) of
 1801  section 456.057, Florida Statutes, are amended to read:
 1802         456.057 Ownership and control of patient records; report or
 1803  copies of records to be furnished; disclosure of information.—
 1804         (2) As used in this section, the terms “records owner,”
 1805  “health care practitioner,” and “health care practitioner’s
 1806  employer” do not include any of the following persons or
 1807  entities; furthermore, the following persons or entities are not
 1808  authorized to acquire or own medical records, but are authorized
 1809  under the confidentiality and disclosure requirements of this
 1810  section to maintain those documents required by the part or
 1811  chapter under which they are licensed or regulated:
 1812         (h) Clinical laboratory personnel licensed under part II
 1813  III of chapter 483.
 1814         (i) Medical physicists licensed under part III IV of
 1815  chapter 483.
 1816         Section 70. Subsection (2) of section 458.307, Florida
 1817  Statutes, is amended to read:
 1818         458.307 Board of Medicine.—
 1819         (2) Twelve members of the board must be licensed physicians
 1820  in good standing in this state who are residents of the state
 1821  and who have been engaged in the active practice or teaching of
 1822  medicine for at least 4 years immediately preceding their
 1823  appointment. One of the physicians must be on the full-time
 1824  faculty of a medical school in this state, and one of the
 1825  physicians must be in private practice and on the full-time
 1826  staff of a statutory teaching hospital in this state as defined
 1827  in s. 408.07. At least one of the physicians must be a graduate
 1828  of a foreign medical school. The remaining three members must be
 1829  residents of the state who are not, and never have been,
 1830  licensed health care practitioners. One member must be a health
 1831  care risk manager licensed under s. 395.10974. At least one
 1832  member of the board must be 60 years of age or older.
 1833         Section 71. Subsection (1) of section 458.345, Florida
 1834  Statutes, is amended to read:
 1835         458.345 Registration of resident physicians, interns, and
 1836  fellows; list of hospital employees; prescribing of medicinal
 1837  drugs; penalty.—
 1838         (1) Any person desiring to practice as a resident
 1839  physician, assistant resident physician, house physician,
 1840  intern, or fellow in fellowship training which leads to
 1841  subspecialty board certification in this state, or any person
 1842  desiring to practice as a resident physician, assistant resident
 1843  physician, house physician, intern, or fellow in fellowship
 1844  training in a teaching hospital in this state as defined in s.
 1845  408.07(44) 408.07(45) or s. 395.805(2), who does not hold a
 1846  valid, active license issued under this chapter shall apply to
 1847  the department to be registered and shall remit a fee not to
 1848  exceed $300 as set by the board. The department shall register
 1849  any applicant the board certifies has met the following
 1850  requirements:
 1851         (a) Is at least 21 years of age.
 1852         (b) Has not committed any act or offense within or without
 1853  the state which would constitute the basis for refusal to
 1854  certify an application for licensure pursuant to s. 458.331.
 1855         (c) Is a graduate of a medical school or college as
 1856  specified in s. 458.311(1)(f).
 1857         Section 72. Subsection (1) of section 459.021, Florida
 1858  Statutes, is amended to read:
 1859         459.021 Registration of resident physicians, interns, and
 1860  fellows; list of hospital employees; penalty.—
 1861         (1) Any person who holds a degree of Doctor of Osteopathic
 1862  Medicine from a college of osteopathic medicine recognized and
 1863  approved by the American Osteopathic Association who desires to
 1864  practice as a resident physician, intern, or fellow in
 1865  fellowship training which leads to subspecialty board
 1866  certification in this state, or any person desiring to practice
 1867  as a resident physician, intern, or fellow in fellowship
 1868  training in a teaching hospital in this state as defined in s.
 1869  408.07(44) s. 408.07(45) or s. 395.805(2), who does not hold an
 1870  active license issued under this chapter shall apply to the
 1871  department to be registered, on an application provided by the
 1872  department, before commencing such a training program and shall
 1873  remit a fee not to exceed $300 as set by the board.
 1874         Section 73. Part I of chapter 483, Florida Statutes,
 1875  consisting of sections 483.011, 483.021, 483.031, 483.035,
 1876  483.041, 483.051, 483.061, 483.091, 483.101, 483.111, 483.172,
 1877  483.181, 483.191, 483.201, 483.221, 483.23, 483.245, and 483.26,
 1878  is repealed.
 1879         Section 74. Section 483.294, Florida Statutes, is amended
 1880  to read:
 1881         483.294 Inspection of centers.—In accordance with s.
 1882  408.811, the agency shall, at least once annually, inspect the
 1883  premises and operations of all centers subject to licensure
 1884  under this part.
 1885         Section 75. Subsection (3) of section 483.801, Florida
 1886  Statutes, is amended to read:
 1887         483.801 Exemptions.—This part applies to all clinical
 1888  laboratories and clinical laboratory personnel within this
 1889  state, except:
 1890         (3) Persons engaged in testing performed by laboratories
 1891  that are wholly owned and operated by one or more practitioners
 1892  licensed under chapter 458, chapter 459, chapter 460, chapter
 1893  461, chapter 462, chapter 463, or chapter 466 who practice in
 1894  the same group practice, and in which no clinical laboratory
 1895  work is performed for patients referred by any health care
 1896  provider who is not a member of that group practice regulated
 1897  under s. 483.035(1) or exempt from regulation under s.
 1898  483.031(2).
 1899         Section 76. Subsections (2), (3), and (4) of section
 1900  483.803, Florida Statutes, are amended to read:
 1901         483.803 Definitions.—As used in this part, the term:
 1902         (2)“Clinical laboratory” means a clinical laboratory as
 1903  defined in s. 483.041.
 1904         (3)“Clinical laboratory examination” means a clinical
 1905  laboratory examination as defined in s. 483.041.
 1906         (2)(4) “Clinical laboratory personnel” includes a clinical
 1907  laboratory director, supervisor, technologist, blood gas
 1908  analyst, or technician who performs or is responsible for
 1909  laboratory test procedures, but the term does not include
 1910  trainees, persons who perform screening for blood banks or
 1911  plasmapheresis centers, phlebotomists, or persons employed by a
 1912  clinical laboratory to perform manual pretesting duties or
 1913  clerical, personnel, or other administrative responsibilities,
 1914  or persons engaged in testing performed by laboratories
 1915  regulated under s. 483.035(1) or exempt from regulation under s.
 1916  483.031(2).
 1917         Section 77. Section 483.813, Florida Statutes, is amended
 1918  to read:
 1919         483.813 Clinical laboratory personnel license.—A person may
 1920  not conduct a clinical laboratory examination or report the
 1921  results of such examination unless such person is licensed under
 1922  this part to perform such procedures. However, this provision
 1923  does not apply to any practitioner of the healing arts
 1924  authorized to practice in this state or to persons engaged in
 1925  testing performed by laboratories regulated under s. 483.035(1)
 1926  or exempt from regulation under s. 483.031(2). The department
 1927  may grant a temporary license to any candidate it deems properly
 1928  qualified, for a period not to exceed 1 year.
 1929         Section 78. Paragraph (c) of subsection (7), paragraph (c)
 1930  of subsection (8), and paragraph (c) of subsection (9) of
 1931  section 491.003, Florida Statutes, are amended to read:
 1932         491.003 Definitions.—As used in this chapter:
 1933         (7) The “practice of clinical social work” is defined as
 1934  the use of scientific and applied knowledge, theories, and
 1935  methods for the purpose of describing, preventing, evaluating,
 1936  and treating individual, couple, marital, family, or group
 1937  behavior, based on the person-in-situation perspective of
 1938  psychosocial development, normal and abnormal behavior,
 1939  psychopathology, unconscious motivation, interpersonal
 1940  relationships, environmental stress, differential assessment,
 1941  differential planning, and data gathering. The purpose of such
 1942  services is the prevention and treatment of undesired behavior
 1943  and enhancement of mental health. The practice of clinical
 1944  social work includes methods of a psychological nature used to
 1945  evaluate, assess, diagnose, treat, and prevent emotional and
 1946  mental disorders and dysfunctions (whether cognitive, affective,
 1947  or behavioral), sexual dysfunction, behavioral disorders,
 1948  alcoholism, and substance abuse. The practice of clinical social
 1949  work includes, but is not limited to, psychotherapy,
 1950  hypnotherapy, and sex therapy. The practice of clinical social
 1951  work also includes counseling, behavior modification,
 1952  consultation, client-centered advocacy, crisis intervention, and
 1953  the provision of needed information and education to clients,
 1954  when using methods of a psychological nature to evaluate,
 1955  assess, diagnose, treat, and prevent emotional and mental
 1956  disorders and dysfunctions (whether cognitive, affective, or
 1957  behavioral), sexual dysfunction, behavioral disorders,
 1958  alcoholism, or substance abuse. The practice of clinical social
 1959  work may also include clinical research into more effective
 1960  psychotherapeutic modalities for the treatment and prevention of
 1961  such conditions.
 1962         (c) The terms “diagnose” and “treat,” as used in this
 1963  chapter, when considered in isolation or in conjunction with any
 1964  provision of the rules of the board, may shall not be construed
 1965  to permit the performance of any act which clinical social
 1966  workers are not educated and trained to perform, including, but
 1967  not limited to, admitting persons to hospitals for treatment of
 1968  the foregoing conditions, treating persons in hospitals without
 1969  medical supervision, prescribing medicinal drugs as defined in
 1970  chapter 465, authorizing clinical laboratory procedures pursuant
 1971  to chapter 483, or radiological procedures, or use of
 1972  electroconvulsive therapy. In addition, this definition shall
 1973  not be construed to permit any person licensed, provisionally
 1974  licensed, registered, or certified pursuant to this chapter to
 1975  describe or label any test, report, or procedure as
 1976  “psychological,” except to relate specifically to the definition
 1977  of practice authorized in this subsection.
 1978         (8) The “practice of marriage and family therapy” is
 1979  defined as the use of scientific and applied marriage and family
 1980  theories, methods, and procedures for the purpose of describing,
 1981  evaluating, and modifying marital, family, and individual
 1982  behavior, within the context of marital and family systems,
 1983  including the context of marital formation and dissolution, and
 1984  is based on marriage and family systems theory, marriage and
 1985  family development, human development, normal and abnormal
 1986  behavior, psychopathology, human sexuality, psychotherapeutic
 1987  and marriage and family therapy theories and techniques. The
 1988  practice of marriage and family therapy includes methods of a
 1989  psychological nature used to evaluate, assess, diagnose, treat,
 1990  and prevent emotional and mental disorders or dysfunctions
 1991  (whether cognitive, affective, or behavioral), sexual
 1992  dysfunction, behavioral disorders, alcoholism, and substance
 1993  abuse. The practice of marriage and family therapy includes, but
 1994  is not limited to, marriage and family therapy, psychotherapy,
 1995  including behavioral family therapy, hypnotherapy, and sex
 1996  therapy. The practice of marriage and family therapy also
 1997  includes counseling, behavior modification, consultation,
 1998  client-centered advocacy, crisis intervention, and the provision
 1999  of needed information and education to clients, when using
 2000  methods of a psychological nature to evaluate, assess, diagnose,
 2001  treat, and prevent emotional and mental disorders and
 2002  dysfunctions (whether cognitive, affective, or behavioral),
 2003  sexual dysfunction, behavioral disorders, alcoholism, or
 2004  substance abuse. The practice of marriage and family therapy may
 2005  also include clinical research into more effective
 2006  psychotherapeutic modalities for the treatment and prevention of
 2007  such conditions.
 2008         (c) The terms “diagnose” and “treat,” as used in this
 2009  chapter, when considered in isolation or in conjunction with any
 2010  provision of the rules of the board, shall not be construed to
 2011  permit the performance of any act which marriage and family
 2012  therapists are not educated and trained to perform, including,
 2013  but not limited to, admitting persons to hospitals for treatment
 2014  of the foregoing conditions, treating persons in hospitals
 2015  without medical supervision, prescribing medicinal drugs as
 2016  defined in chapter 465, authorizing clinical laboratory
 2017  procedures pursuant to chapter 483, or radiological procedures,
 2018  or use of electroconvulsive therapy. In addition, this
 2019  definition shall not be construed to permit any person licensed,
 2020  provisionally licensed, registered, or certified pursuant to
 2021  this chapter to describe or label any test, report, or procedure
 2022  as “psychological,” except to relate specifically to the
 2023  definition of practice authorized in this subsection.
 2024         (9) The “practice of mental health counseling” is defined
 2025  as the use of scientific and applied behavioral science
 2026  theories, methods, and techniques for the purpose of describing,
 2027  preventing, and treating undesired behavior and enhancing mental
 2028  health and human development and is based on the person-in
 2029  situation perspectives derived from research and theory in
 2030  personality, family, group, and organizational dynamics and
 2031  development, career planning, cultural diversity, human growth
 2032  and development, human sexuality, normal and abnormal behavior,
 2033  psychopathology, psychotherapy, and rehabilitation. The practice
 2034  of mental health counseling includes methods of a psychological
 2035  nature used to evaluate, assess, diagnose, and treat emotional
 2036  and mental dysfunctions or disorders (whether cognitive,
 2037  affective, or behavioral), behavioral disorders, interpersonal
 2038  relationships, sexual dysfunction, alcoholism, and substance
 2039  abuse. The practice of mental health counseling includes, but is
 2040  not limited to, psychotherapy, hypnotherapy, and sex therapy.
 2041  The practice of mental health counseling also includes
 2042  counseling, behavior modification, consultation, client-centered
 2043  advocacy, crisis intervention, and the provision of needed
 2044  information and education to clients, when using methods of a
 2045  psychological nature to evaluate, assess, diagnose, treat, and
 2046  prevent emotional and mental disorders and dysfunctions (whether
 2047  cognitive, affective, or behavioral), behavioral disorders,
 2048  sexual dysfunction, alcoholism, or substance abuse. The practice
 2049  of mental health counseling may also include clinical research
 2050  into more effective psychotherapeutic modalities for the
 2051  treatment and prevention of such conditions.
 2052         (c) The terms “diagnose” and “treat,” as used in this
 2053  chapter, when considered in isolation or in conjunction with any
 2054  provision of the rules of the board, shall not be construed to
 2055  permit the performance of any act which mental health counselors
 2056  are not educated and trained to perform, including, but not
 2057  limited to, admitting persons to hospitals for treatment of the
 2058  foregoing conditions, treating persons in hospitals without
 2059  medical supervision, prescribing medicinal drugs as defined in
 2060  chapter 465, authorizing clinical laboratory procedures pursuant
 2061  to chapter 483, or radiological procedures, or use of
 2062  electroconvulsive therapy. In addition, this definition shall
 2063  not be construed to permit any person licensed, provisionally
 2064  licensed, registered, or certified pursuant to this chapter to
 2065  describe or label any test, report, or procedure as
 2066  “psychological,” except to relate specifically to the definition
 2067  of practice authorized in this subsection.
 2068         Section 79. Paragraph (h) of subsection (4) of section
 2069  627.351, Florida Statutes, is amended to read:
 2070         627.351 Insurance risk apportionment plans.—
 2071         (4) MEDICAL MALPRACTICE RISK APPORTIONMENT.—
 2072         (h) As used in this subsection:
 2073         1. “Health care provider” means hospitals licensed under
 2074  chapter 395; physicians licensed under chapter 458; osteopathic
 2075  physicians licensed under chapter 459; podiatric physicians
 2076  licensed under chapter 461; dentists licensed under chapter 466;
 2077  chiropractic physicians licensed under chapter 460; naturopaths
 2078  licensed under chapter 462; nurses licensed under part I of
 2079  chapter 464; midwives licensed under chapter 467; clinical
 2080  laboratories registered under chapter 483; physician assistants
 2081  licensed under chapter 458 or chapter 459; physical therapists
 2082  and physical therapist assistants licensed under chapter 486;
 2083  health maintenance organizations certificated under part I of
 2084  chapter 641; ambulatory surgical centers licensed under chapter
 2085  395; other medical facilities as defined in subparagraph 2.;
 2086  blood banks, plasma centers, industrial clinics, and renal
 2087  dialysis facilities; or professional associations, partnerships,
 2088  corporations, joint ventures, or other associations for
 2089  professional activity by health care providers.
 2090         2. “Other medical facility” means a facility the primary
 2091  purpose of which is to provide human medical diagnostic services
 2092  or a facility providing nonsurgical human medical treatment, to
 2093  which facility the patient is admitted and from which facility
 2094  the patient is discharged within the same working day, and which
 2095  facility is not part of a hospital. However, a facility existing
 2096  for the primary purpose of performing terminations of pregnancy
 2097  or an office maintained by a physician or dentist for the
 2098  practice of medicine shall not be construed to be an “other
 2099  medical facility.”
 2100         3. “Health care facility” means any hospital licensed under
 2101  chapter 395, health maintenance organization certificated under
 2102  part I of chapter 641, ambulatory surgical center licensed under
 2103  chapter 395, or other medical facility as defined in
 2104  subparagraph 2.
 2105         Section 80. Paragraph (h) of subsection (1) of section
 2106  627.602, Florida Statutes, is amended to read:
 2107         627.602 Scope, format of policy.—
 2108         (1) Each health insurance policy delivered or issued for
 2109  delivery to any person in this state must comply with all
 2110  applicable provisions of this code and all of the following
 2111  requirements:
 2112         (h) Section 641.312 and the provisions of the Employee
 2113  Retirement Income Security Act of 1974, as implemented by 29
 2114  C.F.R. s. 2560.503-1, relating to internal grievances. This
 2115  paragraph does not apply to a health insurance policy that is
 2116  subject to the Subscriber Assistance Program under s. 408.7056
 2117  or to the types of benefits or coverages provided under s.
 2118  627.6513(1)-(14) issued in any market.
 2119         Section 81. Paragraphs (b) and (e) of subsection (1) of
 2120  section 627.64194, Florida Statutes, are amended to read:
 2121         627.64194 Coverage requirements for services provided by
 2122  nonparticipating providers; payment collection limitations.—
 2123         (1) As used in this section, the term:
 2124         (b) “Facility” means a licensed facility as defined in s.
 2125  395.002(16) and an urgent care center as defined in s.
 2126  395.002(29) s. 395.002(30).
 2127         (e) “Nonparticipating provider” means a provider who is not
 2128  a preferred provider as defined in s. 627.6471 or a provider who
 2129  is not an exclusive provider as defined in s. 627.6472. For
 2130  purposes of covered emergency services under this section, a
 2131  facility licensed under chapter 395 or an urgent care center
 2132  defined in s. 395.002(29) 395.002(30) is a nonparticipating
 2133  provider if the facility has not contracted with an insurer to
 2134  provide emergency services to its insureds at a specified rate.
 2135         Section 82. Section 627.6513, Florida Statutes, is amended
 2136  to read:
 2137         627.6513 Scope.—Section 641.312 and the provisions of the
 2138  Employee Retirement Income Security Act of 1974, as implemented
 2139  by 29 C.F.R. s. 2560.503-1, relating to internal grievances,
 2140  apply to all group health insurance policies issued under this
 2141  part. This section does not apply to a group health insurance
 2142  policy that is subject to the Subscriber Assistance Program in
 2143  s. 408.7056 or to:
 2144         (1) Coverage only for accident insurance, or disability
 2145  income insurance, or any combination thereof.
 2146         (2) Coverage issued as a supplement to liability insurance.
 2147         (3) Liability insurance, including general liability
 2148  insurance and automobile liability insurance.
 2149         (4) Workers’ compensation or similar insurance.
 2150         (5) Automobile medical payment insurance.
 2151         (6) Credit-only insurance.
 2152         (7) Coverage for onsite medical clinics, including prepaid
 2153  health clinics under part II of chapter 641.
 2154         (8) Other similar insurance coverage, specified in rules
 2155  adopted by the commission, under which benefits for medical care
 2156  are secondary or incidental to other insurance benefits. To the
 2157  extent possible, such rules must be consistent with regulations
 2158  adopted by the United States Department of Health and Human
 2159  Services.
 2160         (9) Limited scope dental or vision benefits, if offered
 2161  separately.
 2162         (10) Benefits for long-term care, nursing home care, home
 2163  health care, or community-based care, or any combination
 2164  thereof, if offered separately.
 2165         (11) Other similar, limited benefits, if offered
 2166  separately, as specified in rules adopted by the commission.
 2167         (12) Coverage only for a specified disease or illness, if
 2168  offered as independent, noncoordinated benefits.
 2169         (13) Hospital indemnity or other fixed indemnity insurance,
 2170  if offered as independent, noncoordinated benefits.
 2171         (14) Benefits provided through a Medicare supplemental
 2172  health insurance policy, as defined under s. 1882(g)(1) of the
 2173  Social Security Act, coverage supplemental to the coverage
 2174  provided under 10 U.S.C. chapter 55, and similar supplemental
 2175  coverage provided to coverage under a group health plan, which
 2176  are offered as a separate insurance policy and as independent,
 2177  noncoordinated benefits.
 2178         Section 83. Effective January 1, 2018, paragraph (j) of
 2179  subsection (1) of section 641.185, Florida Statutes, is amended
 2180  to read:
 2181         641.185 Health maintenance organization subscriber
 2182  protections.—
 2183         (1) With respect to the provisions of this part and part
 2184  III, the principles expressed in the following statements shall
 2185  serve as standards to be followed by the commission, the office,
 2186  the department, and the Agency for Health Care Administration in
 2187  exercising their powers and duties, in exercising administrative
 2188  discretion, in administrative interpretations of the law, in
 2189  enforcing its provisions, and in adopting rules:
 2190         (j)A health maintenance organization should receive timely
 2191  and, if necessary, urgent review by an independent state
 2192  external review organization for unresolved grievances and
 2193  appeals pursuant to s. 408.7056.
 2194         Section 84. Effective January 1, 2018, section 641.312,
 2195  Florida Statutes, is amended to read:
 2196         641.312 Scope.—The Office of Insurance Regulation may adopt
 2197  rules to administer the provisions of the National Association
 2198  of Insurance Commissioners’ Uniform Health Carrier External
 2199  Review Model Act, issued by the National Association of
 2200  Insurance Commissioners and dated April 2010. This section does
 2201  not apply to a health maintenance contract that is subject to
 2202  the Subscriber Assistance Program under s. 408.7056 or to the
 2203  types of benefits or coverages provided under s. 627.6513(1)
 2204  (14) issued in any market.
 2205         Section 85. Effective January 1, 2018, subsection (4) of
 2206  section 641.3154, Florida Statutes, is amended to read:
 2207         641.3154 Organization liability; provider billing
 2208  prohibited.—
 2209         (4) A provider or any representative of a provider,
 2210  regardless of whether the provider is under contract with the
 2211  health maintenance organization, may not collect or attempt to
 2212  collect money from, maintain any action at law against, or
 2213  report to a credit agency a subscriber of an organization for
 2214  payment of services for which the organization is liable, if the
 2215  provider in good faith knows or should know that the
 2216  organization is liable. This prohibition applies during the
 2217  pendency of any claim for payment made by the provider to the
 2218  organization for payment of the services and any legal
 2219  proceedings or dispute resolution process to determine whether
 2220  the organization is liable for the services if the provider is
 2221  informed that such proceedings are taking place. It is presumed
 2222  that a provider does not know and should not know that an
 2223  organization is liable unless:
 2224         (a) The provider is informed by the organization that it
 2225  accepts liability;
 2226         (b) A court of competent jurisdiction determines that the
 2227  organization is liable; or
 2228         (c)The office or agency makes a final determination that
 2229  the organization is required to pay for such services subsequent
 2230  to a recommendation made by the Subscriber Assistance Panel
 2231  pursuant to s. 408.7056; or
 2232         (c)(d) The agency issues a final order that the
 2233  organization is required to pay for such services subsequent to
 2234  a recommendation made by a resolution organization pursuant to
 2235  s. 408.7057.
 2236         Section 86. Effective January 1, 2018, paragraph (c) of
 2237  subsection (5) of section 641.51, Florida Statutes, is amended
 2238  to read:
 2239         641.51 Quality assurance program; second medical opinion
 2240  requirement.—
 2241         (5)
 2242         (c) For second opinions provided by contract physicians the
 2243  organization is prohibited from charging a fee to the subscriber
 2244  in an amount in excess of the subscriber fees established by
 2245  contract for referral contract physicians. The organization
 2246  shall pay the amount of all charges, which are usual,
 2247  reasonable, and customary in the community, for second opinion
 2248  services performed by a physician not under contract with the
 2249  organization, but may require the subscriber to be responsible
 2250  for up to 40 percent of such amount. The organization may
 2251  require that any tests deemed necessary by a noncontract
 2252  physician shall be conducted by the organization. The
 2253  organization may deny reimbursement rights granted under this
 2254  section in the event the subscriber seeks in excess of three
 2255  such referrals per year if such subsequent referral costs are
 2256  deemed by the organization to be evidence that the subscriber
 2257  has unreasonably overutilized the second opinion privilege. A
 2258  subscriber thus denied reimbursement under this section shall
 2259  have recourse to grievance procedures as specified in ss.
 2260  408.7056, 641.495, and 641.511. The organization’s physician’s
 2261  professional judgment concerning the treatment of a subscriber
 2262  derived after review of a second opinion shall be controlling as
 2263  to the treatment obligations of the health maintenance
 2264  organization. Treatment not authorized by the health maintenance
 2265  organization shall be at the subscriber’s expense.
 2266         Section 87. Effective January 1, 2018, section 641.511,
 2267  Florida Statutes, is amended to read:
 2268         641.511 Subscriber grievance reporting and resolution
 2269  requirements.—
 2270         (1) Every organization must have a grievance procedure
 2271  available to its subscribers for the purpose of addressing
 2272  complaints and grievances. Every organization must notify its
 2273  subscribers that a subscriber must submit a grievance within 1
 2274  year after the date of occurrence of the action that initiated
 2275  the grievance, and may submit the grievance for review to the
 2276  Subscriber Assistance Program panel as provided in s. 408.7056
 2277  after receiving a final disposition of the grievance through the
 2278  organization’s grievance process. An organization shall maintain
 2279  records of all grievances and shall report annually to the
 2280  agency the total number of grievances handled, a categorization
 2281  of the cases underlying the grievances, and the final
 2282  disposition of the grievances.
 2283         (2) When an organization receives an initial complaint from
 2284  a subscriber, the organization must respond to the complaint
 2285  within a reasonable time after its submission. At the time of
 2286  receipt of the initial complaint, the organization shall inform
 2287  the subscriber that the subscriber has a right to file a written
 2288  grievance at any time and that assistance in preparing the
 2289  written grievance shall be provided by the organization.
 2290         (3) Each organization’s grievance procedure, as required
 2291  under subsection (1), must include, at a minimum:
 2292         (a) An explanation of how to pursue redress of a grievance.
 2293         (b) The names of the appropriate employees or a list of
 2294  grievance departments that are responsible for implementing the
 2295  organization’s grievance procedure. The list must include the
 2296  address and the toll-free telephone number of each grievance
 2297  department, the address of the agency and its toll-free
 2298  telephone hotline number, and the address of the Subscriber
 2299  Assistance Program and its toll-free telephone number.
 2300         (c) The description of the process through which a
 2301  subscriber may, at any time, contact the toll-free telephone
 2302  hotline of the agency to inform it of the unresolved grievance.
 2303         (d) A procedure for establishing methods for classifying
 2304  grievances as urgent and for establishing time limits for an
 2305  expedited review within which such grievances must be resolved.
 2306         (e) A notice that a subscriber may voluntarily pursue
 2307  binding arbitration in accordance with the terms of the contract
 2308  if offered by the organization, after completing the
 2309  organization’s grievance procedure and as an alternative to the
 2310  Subscriber Assistance Program. Such notice shall include an
 2311  explanation that the subscriber may incur some costs if the
 2312  subscriber pursues binding arbitration, depending upon the terms
 2313  of the subscriber’s contract.
 2314         (f) A process whereby the grievance manager acknowledges
 2315  the grievance and investigates the grievance in order to notify
 2316  the subscriber of a final decision in writing.
 2317         (g) A procedure for providing individuals who are unable to
 2318  submit a written grievance with access to the grievance process,
 2319  which shall include assistance by the organization in preparing
 2320  the grievance and communicating back to the subscriber.
 2321         (4)(a) With respect to a grievance concerning an adverse
 2322  determination, an organization shall make available to the
 2323  subscriber a review of the grievance by an internal review
 2324  panel; such review must be requested within 30 days after the
 2325  organization’s transmittal of the final determination notice of
 2326  an adverse determination. A majority of the panel shall be
 2327  persons who previously were not involved in the initial adverse
 2328  determination. A person who previously was involved in the
 2329  adverse determination may appear before the panel to present
 2330  information or answer questions. The panel shall have the
 2331  authority to bind the organization to the panel’s decision.
 2332         (b) An organization shall ensure that a majority of the
 2333  persons reviewing a grievance involving an adverse determination
 2334  are providers who have appropriate expertise. An organization
 2335  shall issue a copy of the written decision of the review panel
 2336  to the subscriber and to the provider, if any, who submits a
 2337  grievance on behalf of a subscriber. In cases where there has
 2338  been a denial of coverage of service, the reviewing provider
 2339  shall not be a provider previously involved with the adverse
 2340  determination.
 2341         (c) An organization shall establish written procedures for
 2342  a review of an adverse determination. Review procedures shall be
 2343  available to the subscriber and to a provider acting on behalf
 2344  of a subscriber.
 2345         (d)In any case when the review process does not resolve a
 2346  difference of opinion between the organization and the
 2347  subscriber or the provider acting on behalf of the subscriber,
 2348  the subscriber or the provider acting on behalf of the
 2349  subscriber may submit a written grievance to the Subscriber
 2350  Assistance Program.
 2351         (5) Except as provided in subsection (6), the organization
 2352  shall resolve a grievance within 60 days after receipt of the
 2353  grievance, or within a maximum of 90 days if the grievance
 2354  involves the collection of information outside the service area.
 2355  These time limitations are tolled if the organization has
 2356  notified the subscriber, in writing, that additional information
 2357  is required for proper review of the grievance and that such
 2358  time limitations are tolled until such information is provided.
 2359  After the organization receives the requested information, the
 2360  time allowed for completion of the grievance process resumes.
 2361  The Employee Retirement Income Security Act of 1974, as
 2362  implemented by 29 C.F.R. s. 2560.503-1, is adopted and
 2363  incorporated by reference as applicable to all organizations
 2364  that administer small and large group health plans that are
 2365  subject to 29 C.F.R. s. 2560.503-1. The claims procedures of the
 2366  regulations of the Employee Retirement Income Security Act of
 2367  1974, as implemented by 29 C.F.R. s. 2560.503-1, shall be the
 2368  minimum standards for grievance processes for claims for
 2369  benefits for small and large group health plans that are subject
 2370  to 29 C.F.R. s. 2560.503-1.
 2371         (6)(a) An organization shall establish written procedures
 2372  for the expedited review of an urgent grievance. A request for
 2373  an expedited review may be submitted orally or in writing and
 2374  shall be subject to the review procedures of this section, if it
 2375  meets the criteria of this section. Unless it is submitted in
 2376  writing, for purposes of the grievance reporting requirements in
 2377  subsection (1), the request shall be considered an appeal of a
 2378  utilization review decision and not a grievance. Expedited
 2379  review procedures shall be available to a subscriber and to the
 2380  provider acting on behalf of a subscriber. For purposes of this
 2381  subsection, “subscriber” includes the legal representative of a
 2382  subscriber.
 2383         (b) Expedited reviews shall be evaluated by an appropriate
 2384  clinical peer or peers. The clinical peer or peers shall not
 2385  have been involved in the initial adverse determination.
 2386         (c) In an expedited review, all necessary information,
 2387  including the organization’s decision, shall be transmitted
 2388  between the organization and the subscriber, or the provider
 2389  acting on behalf of the subscriber, by telephone, facsimile, or
 2390  the most expeditious method available.
 2391         (d) In an expedited review, an organization shall make a
 2392  decision and notify the subscriber, or the provider acting on
 2393  behalf of the subscriber, as expeditiously as the subscriber’s
 2394  medical condition requires, but in no event more than 72 hours
 2395  after receipt of the request for review. If the expedited review
 2396  is a concurrent review determination, the service shall be
 2397  continued without liability to the subscriber until the
 2398  subscriber has been notified of the determination.
 2399         (e) An organization shall provide written confirmation of
 2400  its decision concerning an expedited review within 2 working
 2401  days after providing notification of that decision, if the
 2402  initial notification was not in writing.
 2403         (f) An organization shall provide reasonable access, not to
 2404  exceed 24 hours after receiving a request for an expedited
 2405  review, to a clinical peer who can perform the expedited review.
 2406         (g)In any case when the expedited review process does not
 2407  resolve a difference of opinion between the organization and the
 2408  subscriber or the provider acting on behalf of the subscriber,
 2409  the subscriber or the provider acting on behalf of the
 2410  subscriber may submit a written grievance to the Subscriber
 2411  Assistance Program.
 2412         (g)(h) An organization shall not provide an expedited
 2413  retrospective review of an adverse determination.
 2414         (7)Each organization shall send to the agency a copy of
 2415  its quarterly grievance reports submitted to the office pursuant
 2416  to s. 408.7056(12).
 2417         (7)(8) The agency shall investigate all reports of
 2418  unresolved quality of care grievances received from:
 2419         (a) annual and quarterly grievance reports submitted by the
 2420  organization to the office.
 2421         (b)Review requests of subscribers whose grievances remain
 2422  unresolved after the subscriber has followed the full grievance
 2423  procedure of the organization.
 2424         (9)(a)The agency shall advise subscribers with grievances
 2425  to follow their organization’s formal grievance process for
 2426  resolution prior to review by the Subscriber Assistance Program.
 2427  The subscriber may, however, submit a copy of the grievance to
 2428  the agency at any time during the process.
 2429         (b)Requiring completion of the organization’s grievance
 2430  process before the Subscriber Assistance Program panel’s review
 2431  does not preclude the agency from investigating any complaint or
 2432  grievance before the organization makes its final determination.
 2433         (10)Each organization must notify the subscriber in a
 2434  final decision letter that the subscriber may request review of
 2435  the organization’s decision concerning the grievance by the
 2436  Subscriber Assistance Program, as provided in s. 408.7056, if
 2437  the grievance is not resolved to the satisfaction of the
 2438  subscriber. The final decision letter must inform the subscriber
 2439  that the request for review must be made within 365 days after
 2440  receipt of the final decision letter, must explain how to
 2441  initiate such a review, and must include the addresses and toll
 2442  free telephone numbers of the agency and the Subscriber
 2443  Assistance Program.
 2444         (8)(11) Each organization, as part of its contract with any
 2445  provider, must require the provider to post a consumer
 2446  assistance notice prominently displayed in the reception area of
 2447  the provider and clearly noticeable by all patients. The
 2448  consumer assistance notice must state the addresses and toll
 2449  free telephone numbers of the Agency for Health Care
 2450  Administration, the Subscriber Assistance Program, and the
 2451  Department of Financial Services. The consumer assistance notice
 2452  must also clearly state that the address and toll-free telephone
 2453  number of the organization’s grievance department shall be
 2454  provided upon request. The agency may adopt rules to implement
 2455  this section.
 2456         (9)(12) The agency may impose administrative sanction, in
 2457  accordance with s. 641.52, against an organization for
 2458  noncompliance with this section.
 2459         Section 88. Effective January 1, 2018, subsection (1) of
 2460  section 641.515, Florida Statutes, is amended to read:
 2461         641.515 Investigation by the agency.—
 2462         (1) The agency shall investigate further any quality of
 2463  care issue contained in recommendations and reports submitted
 2464  pursuant to s. 641.511 ss. 408.7056 and 641.511. The agency
 2465  shall also investigate further any information that indicates
 2466  that the organization does not meet accreditation standards or
 2467  the standards of the review organization performing the external
 2468  quality assurance assessment pursuant to reports submitted under
 2469  s. 641.512. Every organization shall submit its books and
 2470  records and take other appropriate action as may be necessary to
 2471  facilitate an examination. The agency shall have access to the
 2472  organization’s medical records of individuals and records of
 2473  employed and contracted physicians, with the consent of the
 2474  subscriber or by court order, as necessary to carry out the
 2475  provisions of this part.
 2476         Section 89. Effective January 1, 2018, subsection (2) of
 2477  section 641.55, Florida Statutes, is amended to read:
 2478         641.55 Internal risk management program.—
 2479         (2) The risk management program shall be the responsibility
 2480  of the governing authority or board of the organization. Every
 2481  organization which has an annual premium volume of $10 million
 2482  or more and which directly provides health care in a building
 2483  owned or leased by the organization shall hire a risk manager,
 2484  certified under ss. 395.10971-395.10975, who shall be
 2485  responsible for implementation of the organization’s risk
 2486  management program required by this section. A part-time risk
 2487  manager shall not be responsible for risk management programs in
 2488  more than four organizations or facilities. Every organization
 2489  which does not directly provide health care in a building owned
 2490  or leased by the organization and every organization with an
 2491  annual premium volume of less than $10 million shall designate
 2492  an officer or employee of the organization to serve as the risk
 2493  manager.
 2494  
 2495  The gross data compiled under this section or s. 395.0197 shall
 2496  be furnished by the agency upon request to organizations to be
 2497  utilized for risk management purposes. The agency shall adopt
 2498  rules necessary to carry out the provisions of this section.
 2499         Section 90. Section 641.60, Florida Statutes, is repealed.
 2500         Section 91. Section 641.70, Florida Statutes, is amended to
 2501  read:
 2502         641.70 Agency duties relating to the Statewide Managed Care
 2503  Ombudsman Committee and the district managed care ombudsman
 2504  committees.—
 2505         (1) The agency shall adopt rules that specify:
 2506         (a) Procedures by which the statewide committee and
 2507  district committees receive reports of enrollee complaints from
 2508  the agency.
 2509         (b) Procedures by which enrollee information shall be made
 2510  available to members of the statewide committee and to the
 2511  district committees.
 2512         (c) Procedures by which recommendations made by the
 2513  committees shall be considered for incorporation into policies
 2514  and procedures of the agency.
 2515         (d)Procedures by which statewide committee members shall
 2516  be reimbursed for authorized expenditures.
 2517         (d)(e) Any other procedures that are necessary to
 2518  administer this section and s. 641.65 ss. 641.60 and 641.65.
 2519         (2) The Agency for Health Care Administration shall provide
 2520  a meeting place for district committees in agency offices and
 2521  shall provide the necessary administrative support to assist the
 2522  statewide committee and district committees, within available
 2523  resources.
 2524         (3) The secretary of the agency shall ensure the full
 2525  cooperation and assistance of agency employees with members of
 2526  the statewide committee and district committees.
 2527         Section 92. Subsection (3) of section 641.75, Florida
 2528  Statutes, is amended to read:
 2529         641.75 Immunity from liability; limitation on testimony.—
 2530         (3) Members of any state or district ombudsman committee
 2531  shall not be required to testify in any court with respect to
 2532  matters held to be confidential except as may be necessary to
 2533  enforce ss. 641.61-641.75 ss. 641.60-641.75.
 2534         Section 93. Paragraph (b) of subsection (6) of section
 2535  766.118, Florida Statutes, is amended to read:
 2536         766.118 Determination of noneconomic damages.—
 2537         (6) LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF A
 2538  PRACTITIONER PROVIDING SERVICES AND CARE TO A MEDICAID
 2539  RECIPIENT.—Notwithstanding subsections (2), (3), and (5), with
 2540  respect to a cause of action for personal injury or wrongful
 2541  death arising from medical negligence of a practitioner
 2542  committed in the course of providing medical services and
 2543  medical care to a Medicaid recipient, regardless of the number
 2544  of such practitioner defendants providing the services and care,
 2545  noneconomic damages may not exceed $300,000 per claimant, unless
 2546  the claimant pleads and proves, by clear and convincing
 2547  evidence, that the practitioner acted in a wrongful manner. A
 2548  practitioner providing medical services and medical care to a
 2549  Medicaid recipient is not liable for more than $200,000 in
 2550  noneconomic damages, regardless of the number of claimants,
 2551  unless the claimant pleads and proves, by clear and convincing
 2552  evidence, that the practitioner acted in a wrongful manner. The
 2553  fact that a claimant proves that a practitioner acted in a
 2554  wrongful manner does not preclude the application of the
 2555  limitation on noneconomic damages prescribed elsewhere in this
 2556  section. For purposes of this subsection:
 2557         (b) The term “practitioner,” in addition to the meaning
 2558  prescribed in subsection (1), includes any hospital or,
 2559  ambulatory surgical center, or mobile surgical facility as
 2560  defined and licensed under chapter 395.
 2561         Section 94. Subsection (4) of section 766.202, Florida
 2562  Statutes, is amended to read:
 2563         766.202 Definitions; ss. 766.201-766.212.—As used in ss.
 2564  766.201-766.212, the term:
 2565         (4) “Health care provider” means any hospital or,
 2566  ambulatory surgical center, or mobile surgical facility as
 2567  defined and licensed under chapter 395; a birth center licensed
 2568  under chapter 383; any person licensed under chapter 458,
 2569  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 2570  part I of chapter 464, chapter 466, chapter 467, part XIV of
 2571  chapter 468, or chapter 486; a clinical lab licensed under
 2572  chapter 483; a health maintenance organization certificated
 2573  under part I of chapter 641; a blood bank; a plasma center; an
 2574  industrial clinic; a renal dialysis facility; or a professional
 2575  association partnership, corporation, joint venture, or other
 2576  association for professional activity by health care providers.
 2577         Section 95. Subsection (1) of section 945.36, Florida
 2578  Statutes, is amended to read:
 2579         945.36 Exemption from health testing regulations for Law
 2580  enforcement personnel authorized to conduct conducting drug
 2581  tests on inmates and releasees.—
 2582         (1) Any law enforcement officer, state or county probation
 2583  officer, or employee of the Department of Corrections, who is
 2584  certified by the Department of Corrections pursuant to
 2585  subsection (2), may administer is exempt from part I of chapter
 2586  483, for the limited purpose of administering a urine screen
 2587  drug test to:
 2588         (a) Persons during incarceration;
 2589         (b) Persons released as a condition of probation for either
 2590  a felony or misdemeanor;
 2591         (c) Persons released as a condition of community control;
 2592         (d) Persons released as a condition of conditional release;
 2593         (e) Persons released as a condition of parole;
 2594         (f) Persons released as a condition of provisional release;
 2595         (g) Persons released as a condition of pretrial release; or
 2596         (h) Persons released as a condition of control release.
 2597         Section 96. Paragraph (b) of subsection (2) of section
 2598  1009.65, Florida Statutes, is amended to read:
 2599         1009.65 Medical Education Reimbursement and Loan Repayment
 2600  Program.—
 2601         (2) From the funds available, the Department of Health
 2602  shall make payments to selected medical professionals as
 2603  follows:
 2604         (b) All payments shall be contingent on continued proof of
 2605  primary care practice in an area defined in s. 395.602(2)(b)
 2606  395.602(2)(e), or an underserved area designated by the
 2607  Department of Health, provided the practitioner accepts Medicaid
 2608  reimbursement if eligible for such reimbursement. Correctional
 2609  facilities, state hospitals, and other state institutions that
 2610  employ medical personnel shall be designated by the Department
 2611  of Health as underserved locations. Locations with high
 2612  incidences of infant mortality, high morbidity, or low Medicaid
 2613  participation by health care professionals may be designated as
 2614  underserved.
 2615         Section 97. Paragraph (e) of subsection (2) of section
 2616  1011.52, Florida Statutes, is amended to read:
 2617         1011.52 Appropriation to first accredited medical school.—
 2618         (2) In order for a medical school to qualify under the
 2619  provisions of this section and to be entitled to the benefits
 2620  herein, such medical school:
 2621         (a) Must be primarily operated and established to offer,
 2622  afford, and render a medical education to residents of the state
 2623  qualifying for admission to such institution;
 2624         (b) Must be operated by a municipality or county of this
 2625  state, or by a nonprofit organization heretofore or hereafter
 2626  established exclusively for educational purposes;
 2627         (c) Must, upon the formation and establishment of an
 2628  accredited medical school, transmit and file with the Department
 2629  of Education documentary proof evidencing the facts that such
 2630  institution has been certified and approved by the council on
 2631  medical education and hospitals of the American Medical
 2632  Association and has adequately met the requirements of that
 2633  council in regard to its administrative facilities,
 2634  administrative plant, clinical facilities, curriculum, and all
 2635  other such requirements as may be necessary to qualify with the
 2636  council as a recognized, approved, and accredited medical
 2637  school;
 2638         (d) Must certify to the Department of Education the name,
 2639  address, and educational history of each student approved and
 2640  accepted for enrollment in such institution for the ensuing
 2641  school year; and
 2642         (e) Must have in place an operating agreement with a
 2643  government-owned hospital that is located in the same county as
 2644  the medical school and that is a statutory teaching hospital as
 2645  defined in s. 408.07(44) s. 408.07(45). The operating agreement
 2646  shall provide for the medical school to maintain the same level
 2647  of affiliation with the hospital, including the level of
 2648  services to indigent and charity care patients served by the
 2649  hospital, which was in place in the prior fiscal year. Each
 2650  year, documentation demonstrating that an operating agreement is
 2651  in effect shall be submitted jointly to the Department of
 2652  Education by the hospital and the medical school prior to the
 2653  payment of moneys from the annual appropriation.
 2654         Section 98. Except as otherwise expressly provided in this
 2655  act, this act shall take effect July 1, 2017.
 2656  
 2657  ================= T I T L E  A M E N D M E N T ================
 2658  And the title is amended as follows:
 2659         Delete everything before the enacting clause
 2660  and insert:
 2661                        A bill to be entitled                      
 2662         An act relating to health care facility regulation;
 2663         amending ss. 381.0031, 381.004, 384.31, 395.009, and
 2664         409.905, F.S.; eliminating state licensure
 2665         requirements for clinical laboratories; requiring
 2666         clinical laboratories to be federally certified;
 2667         amending s. 383.313, F.S.; revising requirements for a
 2668         birth center to perform certain laboratory tests;
 2669         repealing s. 383.335, F.S., relating to partial
 2670         exemptions from licensure requirements for certain
 2671         facilities that provide obstetrical and gynecological
 2672         surgical services; amending s. 395.002, F.S.; revising
 2673         and deleting definitions; creating s. 395.0091, F.S.;
 2674         authorizing the Agency for Health Care Administration
 2675         to adopt rules establishing criteria for alternate
 2676         site laboratory testing; defining the term “alternate
 2677         site testing”; amending ss. 395.0161 and 395.0163,
 2678         F.S.; deleting licensure and inspection requirements
 2679         for mobile surgical facilities to conform to changes
 2680         made by the act; amending s. 395.0197, F.S.; requiring
 2681         the manager of a hospital or ambulatory surgical
 2682         center internal risk management program to demonstrate
 2683         competence in certain administrative and health care
 2684         service areas; conforming references; repealing s.
 2685         395.1046, F.S., relating to hospital complaint
 2686         investigation procedures; amending s. 395.1055, F.S.;
 2687         requiring hospitals providing specified services to
 2688         meet agency licensure requirements; conforming a
 2689         reference; repealing ss. 395.10971 and 395.10972,
 2690         F.S., relating to the purpose and establishment of the
 2691         Health Care Risk Manager Advisory Council; amending s.
 2692         395.10973, F.S.; deleting duties of the agency
 2693         relating to health care risk managers; repealing s.
 2694         395.10974, F.S., relating to licensure of health care
 2695         risk managers; repealing s. 395.10975, F.S., relating
 2696         to grounds for denial, suspension, or revocation of a
 2697         health care risk manager’s license; amending s.
 2698         395.602, F.S.; deleting definitions; amending s.
 2699         395.603, F.S.; deleting provisions relating to
 2700         deactivation of general hospital beds by certain rural
 2701         and emergency care hospitals; repealing s. 395.604,
 2702         F.S., relating to other rural hospital programs;
 2703         repealing s. 395.605, F.S., relating to emergency care
 2704         hospitals; amending s. 395.701, F.S.; revising the
 2705         definition of the term “hospital” to exclude hospitals
 2706         operated by state agencies; amending s. 400.464, F.S.;
 2707         revising licensure requirements for a home health
 2708         agency; providing conditions for advertising certain
 2709         services that require licensure; providing for a fine;
 2710         providing conditions for application for a certificate
 2711         of exemption from licensure as a home health agency;
 2712         specifying the duration of the certificate of
 2713         exemption; authorizing a fee; amending s. 400.471,
 2714         F.S.; revising home health agency licensure
 2715         requirements; providing requirements for proof of
 2716         accreditation for home health agencies applying for
 2717         change of ownership or addition of skilled care
 2718         services; amending s. 400.474, F.S.; revising
 2719         conditions for the imposition of a fine against a home
 2720         health agency; amending s. 400.476, F.S.; requiring a
 2721         home health agency providing skilled nursing care to
 2722         have a director of nursing; amending s. 400.484, F.S.;
 2723         providing for the imposition of administrative fines
 2724         on home health agencies for specified classes of
 2725         violations; amending s. 400.497, F.S.; authorizing the
 2726         agency to adopt rules establishing standards for
 2727         certificate of exemption applications; amending s.
 2728         400.506, F.S.; revising penalties for a nurse registry
 2729         directed by the agency to cease operation; providing
 2730         that registered nurses, licensed practical nurses,
 2731         certified nursing assistants, companions or
 2732         homemakers, and home health aides are independent
 2733         contractors and not employees of the nurse registries
 2734         that referred them; requiring a nurse registry to
 2735         inform the patient, the patient’s family, or a person
 2736         acting on behalf of the patient that the referred
 2737         caregiver is an independent contractor and that the
 2738         nurse registry is not permitted to monitor, supervise,
 2739         manage, or train the referred caregiver; revising
 2740         provisions relating to activities for which the agency
 2741         is authorized to deny, suspend, or revoke a nurse
 2742         registry license and impose fines; providing that a
 2743         nurse registry is not permitted to review or act upon
 2744         certain records except under certain circumstances;
 2745         amending s. 400.606, F.S.; revising content
 2746         requirements of the plan accompanying an initial or
 2747         change of ownership application for a hospice;
 2748         amending s. 400.925, F.S.; revising the definition of
 2749         the term “home medical equipment”; amending s.
 2750         400.931, F.S.; providing a timeframe for a home
 2751         medical equipment provider to notify the agency of
 2752         certain personnel changes; amending s. 400.933, F.S.;
 2753         authorizing the agency to accept certain medical
 2754         oxygen permits issued by the Department of Business
 2755         and Professional Regulation in lieu of agency
 2756         licensure inspections; amending s. 400.980, F.S.;
 2757         revising timeframe requirements for change of
 2758         registration information submitted to the agency by a
 2759         health care services pool; amending s. 408.061, F.S.;
 2760         excluding hospitals operated by state agencies from
 2761         certain financial reporting requirements; conforming a
 2762         cross-reference; amending s. 408.07, F.S.; deleting
 2763         the definition of the term “clinical laboratory”;
 2764         amending s. 408.20, F.S.; exempting hospitals operated
 2765         by state agencies from assessments against the Health
 2766         Care Trust Fund to fund certain agency activities;
 2767         repealing s. 408.7056, F.S., relating to the
 2768         Subscriber Assistance Program; amending s. 408.803,
 2769         F.S.; defining the term “relative” for the Health Care
 2770         Licensing Procedures Act; amending s. 408.806, F.S.;
 2771         requiring additional information on a licensure
 2772         application; authorizing licensees who hold licenses
 2773         for multiple providers to request that the agency
 2774         align related license expiration dates; authorizing
 2775         the agency to issue licenses for an abbreviated
 2776         licensure period and to charge prorated fees; amending
 2777         s. 408.810, F.S.; exempting certain applicants for
 2778         change of ownership from furnishing proof of financial
 2779         ability to operate; authorizing the agency to adopt
 2780         rules governing circumstances under which a
 2781         controlling interest may act in certain legal
 2782         capacities on behalf of a patient or client; amending
 2783         s. 408.812, F.S.; providing that unlicensed activity
 2784         by a provider constitutes abuse and neglect;
 2785         authorizing the agency to impose a fine under certain
 2786         circumstances; amending s. 429.02, F.S.; revising a
 2787         definition; conforming a cross reference amending s.
 2788         429.04, F.S.; providing additional exemptions from
 2789         licensure as an assisted living facility; imposing a
 2790         burden of proof on the person or entity asserting the
 2791         exemption; providing applicability; amending s.
 2792         429.08, F.S.; providing criminal penalties and fines
 2793         for ownership, rental, or maintenance of a real
 2794         property used as an unlicensed assisted living
 2795         facility; providing that engaging a third party to
 2796         provide certain services at an unlicensed location
 2797         constitutes unlicensed activity; amending s. 429.176,
 2798         F.S.; prohibiting an assisted living facility from
 2799         operating beyond a specified period without an
 2800         administrator who has completed certain educational
 2801         requirements; amending s. 429.41, F.S.; prohibiting an
 2802         assisted living facility from providing personal
 2803         services to nonresidents; repealing part I of ch. 483,
 2804         F.S., relating to clinical laboratories; amending s.
 2805         483.294, F.S.; revising agency inspection schedules
 2806         for multiphasic health testing centers; amending s.
 2807         483.801, F.S.; revising an exemption from regulation
 2808         for persons employed by certain laboratories; amending
 2809         s. 483.803, F.S.; deleting definitions; conforming
 2810         provisions to changes made by the act; amending s.
 2811         641.511, F.S.; revising health maintenance
 2812         organization subscriber grievance reporting
 2813         requirements; conforming a provision to changes made
 2814         by the act; repealing s. 641.60, F.S., relating to the
 2815         Statewide Managed Care Ombudsman Committee; amending
 2816         s. 945.36, F.S.; authorizing law enforcement personnel
 2817         to conduct drug tests on certain inmates and
 2818         releasees; amending ss. 20.43, 220.1845, 376.30781,
 2819         376.86, 381.0034, 385.211, 394.4787, 395.001, 395.003,
 2820         395.7015, 400.0625, 400.9905, 408.033, 408.036,
 2821         408.802, 408.820, 409.9116, 409.975, 456.001, 456.057,
 2822         458.307, 458.345, 459.021, 483.813, 491.003, 627.351,
 2823         627.602, 627.64194, 627.6513, 641.185, 641.312,
 2824         641.3154, 641.51, 641.515, 641.55, 641.70, 641.75,
 2825         766.118, 766.202, 1009.65, and 1011.52, F.S.;
 2826         conforming provisions to changes made by the act;
 2827         providing effective dates.