Florida Senate - 2020                                    SB 1344
       By Senator Harrell
       25-01156A-20                                          20201344__
    1                        A bill to be entitled                      
    2         An act relating to intermediate care facilities;
    3         amending s. 400.962, F.S.; requiring certain
    4         facilities that have been granted a certificate-of
    5         need exemption to demonstrate and maintain compliance
    6         with specified criteria; amending s. 408.036, F.S.;
    7         providing an exemption from a certificate-of-need
    8         requirement for certain intermediate care facilities;
    9         prohibiting the Agency for Health Care Administration
   10         from granting an additional exemption to a facility
   11         unless a certain condition is met; providing that a
   12         specific legislative appropriation is not required for
   13         such exemption; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Subsection (6) is added to section 400.962,
   18  Florida Statutes, to read:
   19         400.962 License required; license application.—
   20         (6)An applicant that has been granted a certificate-of
   21  need exemption under s. 408.036(3)(o) must also demonstrate and
   22  maintain compliance with the following criteria:
   23         (a)The total number of beds per home within the facility
   24  may not exceed eight, with each resident having his or her own
   25  bedroom and bathroom. Each eight-bed home must be colocated on
   26  the same property with two other eight-bed homes and must serve
   27  individuals with severe maladaptive behaviors and co-occurring
   28  psychiatric diagnoses.
   29         (b)A minimum of 16 beds within the facility must be
   30  designated for individuals with severe maladaptive behaviors who
   31  have been assessed using the Agency for Persons with
   32  Disabilities’ Global Behavioral Service Need Matrix with a score
   33  of at least Level 3 and up to Level 6, or assessed using the
   34  criteria deemed appropriate by the Agency for Health Care
   35  Administration regarding the need for a specialized placement in
   36  an intermediate care facility for the developmentally disabled.
   37         (c)The applicant has not had a facility license denied,
   38  revoked, or suspended within the 36 months preceding the request
   39  for exemption.
   40         (d)The applicant must have at least 10 years of experience
   41  serving individuals with severe maladaptive behaviors in the
   42  state.
   43         (e)The applicant must implement a state-approved staff
   44  training curriculum and monitoring requirements specific to the
   45  individuals whose behaviors require higher intensity, frequency,
   46  and duration of services.
   47         (f)The applicant must make available medical and nursing
   48  services 24 hours per day, 7 days per week.
   49         (g)The applicant must demonstrate a history of using
   50  interventions that are least restrictive and that follow a
   51  behavioral hierarchy.
   52         (h)The applicant must maintain a policy prohibiting the
   53  use of mechanical restraints.
   54         Section 2. Paragraph (o) is added to subsection (3) of
   55  section 408.036, Florida Statutes, to read:
   56         408.036 Projects subject to review; exemptions.—
   57         (3) EXEMPTIONS.—Upon request, the following projects are
   58  subject to exemption from subsection (1):
   59         (o)For a new intermediate care facility for the
   60  developmentally disabled as defined in s. 408.032 which has a
   61  total of 24 beds, comprising three eight-bed homes, for use by
   62  individuals exhibiting severe maladaptive behaviors and co
   63  occurring psychiatric diagnoses requiring increased levels of
   64  behavioral, medical, and therapeutic oversight. The facility
   65  must not have had a license denied, revoked, or suspended within
   66  the 36 months preceding the request for exemption and must have
   67  at least 10 years of experience serving individuals with severe
   68  maladaptive behaviors in this state. The agency may not grant an
   69  additional exemption to a facility that has been granted an
   70  exemption under this paragraph unless the facility has been
   71  licensed and operational for a period of at least 2 years. The
   72  exemption under this paragraph does not require a specific
   73  legislative appropriation.
   74         Section 3. This act shall take effect July 1, 2020.