Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 474
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2017           .                                

       The Committee on Children, Families, and Elder Affairs
       (Grimsley) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 38 - 107
    4  and insert:
    5  measures and survey data in 42 C.F.R. part 418 to determine the
    6  quality and effectiveness of hospice care for hospices licensed
    7  in the state. At a minimum, these outcome measures shall include
    8  a requirement that 50 percent of patients who report severe pain
    9  on a 0-to-10 scale must report a reduction to 5 or less by the
   10  end of the 4th day of care on the hospice program.
   11         (2) For hospices licensed in the state, The department of
   12  Elderly Affairs, in conjunction with the agency for Health Care
   13  Administration, shall:
   14         (a) Make available to the public the national hospice
   15  outcome measures and survey data in a format that is
   16  comprehensible by a layperson and that allows a consumer to
   17  compare such measures of one or more hospices Consider and adopt
   18  national initiatives, such as those developed by the national
   19  hospice and Palliative Care Organization, to set benchmarks for
   20  measuring the quality of hospice care provided in the state.
   21         (b) Develop an annual report that analyzes and evaluates
   22  the information collected under this act and any other data
   23  collection or reporting provisions of law.
   24         Section 2. Section 400.6096, Florida Statutes, is created
   25  to read:
   26         400.6096 Disposal of prescribed controlled substances
   27  following the death of a patient in the home.—
   28         (1) A hospice physician, nurse, or social worker is
   29  authorized to assist in the disposal of a controlled substance
   30  prescribed to a patient at the time of the patient’s death
   31  pursuant to the disposal regulations in 21 C.F.R. s. 1317.
   32         (2) A hospice that assists in the disposal of a prescribed
   33  controlled substance found in the patient’s home at the time of
   34  the patient’s death must establish a written policy, procedure,
   35  or system for acceptable disposal methods.
   36         (3) A hospice physician, nurse, or social worker, upon the
   37  patient’s death and with the permission of a family member or a
   38  caregiver of the patient, may assist in the disposal of an
   39  unused controlled substance prescribed to the patient, pursuant
   40  to the written policy, procedure, or system established under
   41  subsection (2).
   42         (4) The prescribed controlled substance disposal procedure
   43  must be carried out in the patient’s home. Hospice staff and
   44  volunteers are not authorized to remove a prescribed controlled
   45  substance from the patient’s home.
   46         Section 3. Section 400.611, Florida Statutes, is amended to
   47  read:
   48         400.611 Interdisciplinary records of care; confidentiality;
   49  release of records.—
   50         (1) A hospice shall maintain an up-to-date,
   51  interdisciplinary record of care being given and patient and
   52  family status shall be kept. Records shall contain pertinent
   53  past and current medical, nursing, social, and other therapeutic
   54  information and such other information that is necessary for the
   55  safe and adequate care of the patient. Notations regarding all
   56  aspects of care for the patient and family shall be made in the
   57  record. When services are terminated, the record shall show the
   58  date and reason for termination.
   59         (2) Patient records shall be retained for a period of 6 5
   60  years after termination of hospice services, unless otherwise
   61  provided by law. In the case of a patient who is a minor, the 6
   62  year 5-year period shall begin on the date the patient reaches
   63  or would have reached the age of majority.
   64         (3) The interdisciplinary record of patient records of care
   65  and billing records are confidential.
   66         (4) A hospice may not release a patient’s interdisciplinary
   67  record or any portion thereof, unless the person requesting the
   68  information provides to the hospice:
   69         (a) A patient authorization executed by the patient; or
   70  legal guardian has given express written informed consent;
   71         (b) In the case of an incapacitated patient, a patient
   72  authorization executed prior to the patient’s death by the
   73  patient’s then acting legal guardian, health care surrogate as
   74  defined in s. 765.101(21), health care proxy as defined in s.
   75  765.101(19), or agent under power of attorney;
   77  ================= T I T L E  A M E N D M E N T ================
   78  And the title is amended as follows:
   79         Delete line 6
   80  and insert:
   81         measures and survey data by a specified date and to
   82         make such measures