Florida Senate - 2019 CS for SB 776 By the Committee on Criminal Justice; and Senators Baxley and Bracy 591-02888-19 2019776c1 1 A bill to be entitled 2 An act relating to sexual misconduct reporting in 3 health care; amending s. 408.810, F.S.; requiring 4 specified health care facilities, as a condition of 5 maintaining licensure, to enact policies requiring 6 employees, contractors, volunteers, and interns of 7 such licensees to report actual or suspected sexual 8 misconduct involving a patient to the licensee, the 9 statewide toll-free complaint telephone number of the 10 Agency for Health Care Administration, and the 11 appropriate local law enforcement agency; requiring 12 such persons to prepare an incident report that 13 includes specified information; providing that a 14 violation of the reporting requirements is a class II 15 violation, subject to an administrative fine; 16 providing criminal penalties; providing an effective 17 date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (5) of section 408.810, Florida 22 Statutes, is amended to read: 23 408.810 Minimum licensure requirements.—In addition to the 24 licensure requirements specified in this part, authorizing 25 statutes, and applicable rules, each applicant and licensee must 26 comply with the requirements of this section in order to obtain 27 and maintain a license. 28 (5)(a) On or before the first day services are provided to 29 a client, a licensee must inform the client and his or her 30 immediate family or representative, if appropriate, of the right 31 to report: 32 1. Complaints. The statewide toll-free telephone number for 33 reporting complaints to the agency must be provided to clients 34 in a manner that is clearly legible and must include the words: 35 “To report a complaint regarding the services you receive, 36 please call toll-free (phone number).” 37 2. Abusive, neglectful, or exploitative practices. The 38 statewide toll-free telephone number for reporting complaints to 39 the agency
the central abuse hotlinemust be provided to clients 40 in a manner that is clearly legible and must include the words: 41 “To report abuse, neglect, or exploitation, please call toll 42 free (phone number).” 43 3. Medicaid fraud. An agency-written description of 44 Medicaid fraud and the statewide toll-free telephone number for 45 the central Medicaid fraud hotline must be provided to clients 46 in a manner that is clearly legible and must include the words: 47 “To report suspected Medicaid fraud, please call toll-free 48 (phone number).” 49 50 The agency shall publish a minimum of a 90-day advance notice of 51 a change in the toll-free telephone numbers. 52 (b) Each licensee shall establish appropriate policies and 53 procedures for providing such notice to clients. 54 (c) Each licensee shall enact a policy that requires any 55 employee, contractor, volunteer, or intern of the licensee who 56 witnesses sexual misconduct, as defined in s. 394.4593(1), 57 involving a patient in the care of the licensee, or who 58 otherwise knows or has reasonable cause to suspect that a person 59 has engaged in sexual misconduct involving a patient in the care 60 of the licensee, to immediately report the sexual misconduct to 61 the licensee, the statewide toll-free complaint telephone number 62 of the department, and the appropriate local law enforcement 63 agency. The policy shall require the employee, contractor, 64 volunteer, or intern to prepare, to the best of his or her 65 ability, an independent report that specifically describes the 66 nature of the sexual misconduct, the location and time of the 67 incident, and the persons involved in the incident. The 68 employee, contractor, volunteer, or intern who prepares such 69 report shall date and sign the report and provide it to the 70 licensee. 71 1. Failure of the licensee to enact or enforce the policy 72 required under this paragraph is a class II violation as 73 established in s. 408.813. 74 2. Any person who is required to make a report under this 75 paragraph and who knowingly or willfully fails to do so, or who 76 knowingly or willfully prevents another person from doing so, 77 commits a misdemeanor of the first degree, punishable as 78 provided in s. 775.082 or s. 775.083. 79 3. Any person who knowingly or willfully submits 80 inaccurate, incomplete, or untruthful information with respect 81 to a report required under this paragraph commits a misdemeanor 82 of the first degree, punishable as provided in s. 775.082 or s. 83 775.083. 84 4. Any person who knowingly or willfully coerces or 85 threatens any other person with the intent to alter a testimony 86 or a written report regarding an incident of sexual misconduct 87 commits a felony of the third degree, punishable as provided in 88 s. 775.082, s. 775.083, or s. 775.084. 89 Section 2. This act shall take effect October 1, 2019.