Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 776 Ì201438)Î201438 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Baxley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (5) of section 408.810, Florida 6 Statutes, is amended to read: 7 408.810 Minimum licensure requirements.—In addition to the 8 licensure requirements specified in this part, authorizing 9 statutes, and applicable rules, each applicant and licensee must 10 comply with the requirements of this section in order to obtain 11 and maintain a license. 12 (5)(a) On or before the first day services are provided to 13 a client, a licensee must inform the client and his or her 14 immediate family or representative, if appropriate, of the right 15 to report: 16 1. Complaints. The statewide toll-free telephone number for 17 reporting complaints to the agency must be provided to clients 18 in a manner that is clearly legible and must include the words: 19 “To report a complaint regarding the services you receive, 20 please call toll-free (phone number).” 21 2. Abusive, neglectful, or exploitative practices. The 22 statewide toll-free telephone number for reporting complaints to 23 the agency
the central abuse hotlinemust be provided to clients 24 in a manner that is clearly legible and must include the words: 25 “To report abuse, neglect, or exploitation, please call toll 26 free (phone number).” 27 3. Medicaid fraud. An agency-written description of 28 Medicaid fraud and the statewide toll-free telephone number for 29 the central Medicaid fraud hotline must be provided to clients 30 in a manner that is clearly legible and must include the words: 31 “To report suspected Medicaid fraud, please call toll-free 32 (phone number).” 33 34 The agency shall publish a minimum of a 90-day advance notice of 35 a change in the toll-free telephone numbers. 36 (b) Each licensee shall establish appropriate policies and 37 procedures for providing such notice to clients. 38 (c) Each licensee shall enact a policy that requires all 39 employees, contractors, volunteers, and interns of the licensee 40 who witness sexual misconduct, as defined in s. 394.4593(1), 41 involving a patient in the care of the licensee or who otherwise 42 know or have reasonable cause to suspect that a person has 43 engaged in sexual misconduct involving a patient in the care of 44 the licensee to immediately report the sexual misconduct to the 45 licensee, the statewide toll-free complaint telephone number of 46 the department, and the appropriate local law enforcement 47 agency. The policy shall require the employee, contractor, 48 volunteer, or intern to prepare, to the best of his or her 49 ability, an independent report that specifically describes the 50 nature of the sexual misconduct, the location and time of the 51 incident, and the persons involved in the incident. The 52 employee, contractor, volunteer, or intern who prepares such 53 report shall date and sign the report and provide it to the 54 licensee. 55 1. Failure of the licensee to enact or enforce the policy 56 required under this paragraph is a Class II violation as 57 established in s. 408.813. 58 2. Any person who is required to make a report under this 59 paragraph and who knowingly or willfully fails to do so, or who 60 knowingly or willfully prevents another person from doing so, 61 commits a misdemeanor of the first degree, punishable as 62 provided in s. 775.082 or s. 775.083. 63 3. Any person who knowingly or willfully submits 64 inaccurate, incomplete, or untruthful information with respect 65 to a report required under this paragraph commits a misdemeanor 66 of the first degree, punishable as provided in s. 775.082 or s. 67 775.083. 68 4. Any person who knowingly or willfully coerces or 69 threatens any other person with the intent to alter testimony or 70 a written report regarding an incident of sexual misconduct 71 commits a felony of the third degree, punishable as provided in 72 s. 775.082, s. 775.083, or s. 775.084. 73 Section 2. This act shall take effect October 1, 2019. 74 ================= T I T L E A M E N D M E N T ================ 75 And the title is amended as follows: 76 Delete everything before the enacting clause 77 and insert: 78 A bill to be entitled 79 An act relating to sexual misconduct reporting in 80 health care; amending s. 408.810, F.S.; requiring 81 specified health care facilities, as a condition of 82 maintaining licensure, to enact policies requiring 83 employees, contractors, volunteers, and interns of 84 such licensees to report actual or suspected sexual 85 misconduct involving a patient to the licensee, the 86 statewide toll-free complaint telephone number of the 87 Agency for Healthcare Administration, and the 88 appropriate local law enforcement agency; requiring 89 such persons to prepare an incident report that 90 includes specified information; providing that a 91 violation of the reporting requirements is a class II 92 violation, subject to an administrative fine; 93 providing criminal penalties; providing an effective 94 date.