Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 804
       
       
       
       
       
       
                                Ì114810pÎ114810                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: NC/2R          .                                
             03/04/2022 04:52 PM       .                                
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       Senator Gibson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 296 and 297
    4  insert:
    5         Section 6. Paragraph (q) of subsection (1) of section
    6  400.022, Florida Statutes, is amended, and paragraph (w) is
    7  added to that subsection, to read:
    8         400.022 Residents’ rights.—
    9         (1) All licensees of nursing home facilities shall adopt
   10  and make public a statement of the rights and responsibilities
   11  of the residents of such facilities and shall treat such
   12  residents in accordance with the provisions of that statement.
   13  The statement shall assure each resident the following:
   14         (q) The right to freedom of choice in selecting a personal
   15  physician; to obtain pharmaceutical supplies and services from a
   16  pharmacy of the resident’s choice, at the resident’s own expense
   17  or through Title XIX of the Social Security Act; and to obtain
   18  information about, and to participate in, community-based
   19  activities programs, unless medically contraindicated as
   20  documented by a physician in the resident’s medical record. If a
   21  resident selects a personal physician, the resident’s attending
   22  health care provider at the facility must consult with the
   23  resident’s personal physician in providing any acute care to the
   24  resident and before ordering or prescribing medication for the
   25  resident to ensure that the medication is not medically
   26  contraindicated. The attending health care provider shall
   27  document any consultation with the resident’s personal physician
   28  in the resident’s records and provide copies of the resident’s
   29  records to the resident’s personal physician in accordance with
   30  s. 400.141(1)(e). If a resident chooses to use a community
   31  pharmacy and the facility in which the resident resides uses a
   32  unit-dose system, the pharmacy selected by the resident must
   33  shall be one that provides a compatible unit-dose system,
   34  provides service delivery, and stocks the drugs normally used by
   35  long-term care residents. If a resident chooses to use a
   36  community pharmacy and the facility in which the resident
   37  resides does not use a unit-dose system, the pharmacy selected
   38  by the resident must shall be one that provides service delivery
   39  and stocks the drugs normally used by long-term care residents.
   40         (w)The right to receive a response from the facility
   41  within 3 days after the resident or the resident’s legal
   42  representative makes an inquiry or otherwise requests
   43  information related to the resident or the resident’s care or
   44  treatment at the facility.
   45         Section 7. Section 400.0221, Florida Statutes, is created
   46  to read:
   47         400.0221 Resident admission procedures; resident care
   48  plans.—
   49         (1)Before admitting a resident, a nursing home facility
   50  must do all of the following:
   51         (a)Provide the resident or the resident’s legal
   52  representative with a printed copy of all of the following:
   53         1.The residents’ rights provided in s. 400.022. The
   54  resident and the resident’s legal representative must also be
   55  orally informed of the resident’s right under s. 400.022(1)(q)
   56  to select a personal physician and of the requirement that the
   57  personal physician be provided with the resident’s records and
   58  consulted in providing any acute care to the resident and before
   59  ordering or prescribing any medication for the resident. The
   60  facility must document in the resident’s care plan whether he or
   61  she selects a personal physician.
   62         2.The most recent version of the Nursing Home Guide
   63  published under s. 400.191.
   64         3.The agency’s most recent inspection report of the
   65  facility.
   66         4.The facility’s resident grievance procedures developed
   67  pursuant to s. 400.1183.
   68         5.The name and contact information of the medical
   69  director, managers, directors of nursing, care coordinators, and
   70  billing staff of the facility.
   71         (b)Give the resident or the resident’s legal
   72  representative a meaningful opportunity to discuss the
   73  information provided under paragraph (a).
   74         (c)Discuss with the resident or the resident’s legal
   75  representative any dietary restrictions applicable to the
   76  resident. The facility must confirm that it can comply with such
   77  restrictions before accepting a resident. The facility shall
   78  include the resident’s dietary restrictions in his or her
   79  resident care plan.
   80         (d)Discuss with the resident or the resident’s legal
   81  representative any physical or cognitive impairments affecting
   82  the resident which require accommodations in facilities or
   83  services or require that care be provided by individuals
   84  appropriately trained to serve residents with such impairments.
   85  If the facility cannot make such accommodations or does not have
   86  adequately trained staff to provide the care the resident needs,
   87  the facility may not accept the resident until such
   88  accommodations and care can be provided. If the resident is
   89  admitted, the facility must document the required accommodations
   90  and care for the resident in his or her resident care plan.
   91         (e)Ensure that it has a complete medical history for the
   92  resident, including, but not limited to, any prescribed
   93  medications, contraindicated medications or treatments, and
   94  allergies, which must be included in the resident care plan. The
   95  facility must inform the resident’s legal representative, if
   96  any, and the resident’s personal physician, if selected, before
   97  prescribing a new medication to the resident.
   98         (2)Immediately after a facility develops an initial
   99  resident care plan, the facility must provide the resident or
  100  the resident’s legal representative with a copy of the resident
  101  care plan. A physician, a registered nurse, or the care
  102  coordinator responsible for the resident shall discuss the
  103  resident care plan with the resident or the resident’s legal
  104  representative to determine whether any information is missing
  105  or incorrect and whether the plan of care delineated in the
  106  resident care plan accounts for all of the concerns expressed by
  107  the resident, the resident’s legal representative, or the
  108  resident’s personal physician, if applicable, before admission,
  109  including, but not limited to, any dietary restrictions or
  110  needed accommodations or care specific to the resident.
  111         (3)At least quarterly, a physician or registered nurse,
  112  with participation from other facility staff and the resident or
  113  the resident’s legal representative, shall review the resident
  114  care plan to assess the resident’s needs; the type and frequency
  115  of services required to provide the necessary care for the
  116  resident to attain or maintain the highest practical physical,
  117  mental, and psychosocial well-being; the services that are
  118  provided to the resident, both within and outside of the
  119  facility, and whether such services are sufficient to meet the
  120  resident’s needs; and the resident’s service goals. If it is
  121  determined that any of the resident’s needs are not being met,
  122  the resident care plan must be revised to promote the highest
  123  practical physical, mental, and psychosocial well-being of the
  124  resident.
  125         Section 8. Present paragraphs (e) through (l) and (m)
  126  through (w) of subsection (1) of section 400.141, Florida
  127  Statutes, are redesignated as paragraphs (f) through (m) and (o)
  128  through (y), respectively, and new paragraphs (e) and (n) are
  129  added to that subsection, to read:
  130         400.141 Administration and management of nursing home
  131  facilities.—
  132         (1) Every licensed facility shall comply with all
  133  applicable standards and rules of the agency and shall:
  134         (e) Provide each resident with the opportunity to select a
  135  personal physician as specified in s. 400.022(1)(q). The
  136  resident’s attending health care provider at the facility shall
  137  consult with the resident’s personal physician in providing any
  138  acute care to the resident and before ordering or prescribing
  139  medication for the resident to ensure the medication is not
  140  medically contraindicated for the resident. The attending health
  141  care provider shall document any consultation with the
  142  resident’s personal physician in the resident’s records. The
  143  facility shall provide the resident’s personal physician with
  144  the resident’s medical records and any records relating to the
  145  resident’s care and treatment at the facility on a monthly
  146  basis; however, in the event of a change in the resident’s
  147  condition, care, or treatment, the facility must inform and
  148  provide related records to the resident’s personal physician
  149  within 3 days after such change. If the facility conducts any
  150  test or examination on the resident, the facility must
  151  immediately forward the results of such test or examination to
  152  the resident’s personal physician. The facility shall continue
  153  to provide the resident’s records to the resident’s personal
  154  physician until the resident or the resident’s representative
  155  notifies the facility that the transfer of such records is no
  156  longer requested.
  157         (n)Maintain on its website the name and contact
  158  information for the medical director, managers, directors of
  159  nursing, care coordinators, administrator, and billing staff of
  160  the facility. The facility shall also publicly display in the
  161  facility the names of the manager and director of nursing on
  162  duty each day or, if different, each shift.
  163         Section 9. Subsections (1) and (8) of section 400.145,
  164  Florida Statutes, are amended to read:
  165         400.145 Copies of records of care and treatment of
  166  resident.—
  167         (1)(a) Upon receipt of a written request that complies with
  168  the federal Health Insurance Portability and Accountability Act
  169  of 1996 (HIPAA) and this section, a nursing home facility shall
  170  furnish to a competent resident, or to a representative of that
  171  resident who is authorized to make requests for the resident’s
  172  records under HIPAA or subsection (2), copies of the resident’s
  173  paper and electronic records that are in possession of the
  174  facility. Such records must include any medical records and
  175  records concerning the care and treatment of the resident
  176  performed by the facility, except for progress notes and
  177  consultation report sections of a psychiatric nature. The
  178  facility shall provide the requested records within 3 calendar
  179  14 working days after receipt of a request relating to a current
  180  resident or within 14 calendar 30 working days after receipt of
  181  a request relating to a former resident.
  182         (b)If a current resident of the facility or his or her
  183  legal representative has selected a personal physician outside
  184  of the facility for the resident or has requested that any of
  185  the resident’s health care providers outside of the facility be
  186  kept informed of the resident’s care and treatment in the
  187  facility, the facility must provide such records on a monthly
  188  basis; however, in the event of a change in the resident’s
  189  condition, care, or treatment, the facility must inform and
  190  provide related records to the resident’s applicable health care
  191  providers within 3 days after such change. If the facility
  192  conducts any test or examination on the resident, the facility
  193  must immediately forward the results of such test or examination
  194  to the resident’s applicable health care providers. The facility
  195  shall continue to provide the resident’s records to the
  196  resident’s health care providers as applicable until the
  197  resident or the resident’s legal representative notifies the
  198  facility that the transfer of such records is no longer
  199  requested.
  200         (8) A nursing home facility may not be cited by the agency
  201  through the survey process for any alleged or actual
  202  noncompliance with any of the requirements of this section,
  203  except for those under paragraph (1)(b).
  204         Section 10. Paragraph (a) of subsection (3) of section
  205  400.23, Florida Statutes, is amended to read:
  206         400.23 Rules; evaluation and deficiencies; licensure
  207  status.—
  208         (3)(a)1. The agency shall adopt rules providing minimum
  209  staffing requirements for nursing home facilities. These
  210  requirements must include, for each facility:
  211         a. A minimum weekly average of certified nursing assistant
  212  and licensed nursing staffing combined of 3.6 hours of direct
  213  care per resident per day. As used in this sub-subparagraph, a
  214  week is defined as Sunday through Saturday.
  215         b. A minimum certified nursing assistant staffing of 2.5
  216  hours of direct care per resident per day. A facility may not
  217  staff below one certified nursing assistant per 20 residents.
  218         c. A minimum licensed nursing staffing of 1.0 hour of
  219  direct care per resident per day. A facility may not staff below
  220  one licensed nurse per 40 residents.
  221         2. Nursing assistants employed under s. 400.211(2) may be
  222  included in computing the staffing ratio for certified nursing
  223  assistants if their job responsibilities include only nursing
  224  assistant-related duties.
  225         3. Each nursing home facility shall must document
  226  compliance with staffing standards as required under this
  227  paragraph and, for the benefit of facility residents and the
  228  public, shall post on its website daily the names of staff on
  229  duty and their affiliated staffing agency, if any; the average
  230  daily resident-to-staff ratio at the facility; the monthly staff
  231  turnover rate at the facility; and any fines imposed by the
  232  agency for noncompliance with the staffing standards specified
  233  in this paragraph. The facility shall post such information in a
  234  conspicuous location on its website in an easily accessible
  235  format for the benefit of facility residents and the public.
  236         4. The agency must shall recognize the use of licensed
  237  nurses for compliance with minimum staffing requirements for
  238  certified nursing assistants if the nursing home facility
  239  otherwise meets the minimum staffing requirements for licensed
  240  nurses and the licensed nurses are performing the duties of a
  241  certified nursing assistant. Unless otherwise approved by the
  242  agency, licensed nurses counted toward the minimum staffing
  243  requirements for certified nursing assistants must exclusively
  244  perform the duties of a certified nursing assistant for the
  245  entire shift and not also be counted toward the minimum staffing
  246  requirements for licensed nurses. If the agency approved a
  247  facility’s request to use a licensed nurse to perform both
  248  licensed nursing and certified nursing assistant duties, the
  249  facility must allocate the amount of staff time specifically
  250  spent on certified nursing assistant duties for the purpose of
  251  documenting compliance with minimum staffing requirements for
  252  certified and licensed nursing staff. The hours of a licensed
  253  nurse with dual job responsibilities may not be counted twice.
  254         Section 11. Subsection (1) of section 400.172, Florida
  255  Statutes, is amended to read:
  256         400.172 Respite care provided in nursing home facilities.—
  257         (1) For each person admitted for respite care as authorized
  258  under s. 400.141(1)(g) s. 400.141(1)(f), a nursing home facility
  259  operated by a licensee must:
  260         (a) Have a written abbreviated plan of care that, at a
  261  minimum, includes nutritional requirements, medication orders,
  262  physician orders, nursing assessments, and dietary preferences.
  263  The nursing or physician assessments may take the place of all
  264  other assessments required for full-time residents.
  265         (b) Have a contract that, at a minimum, specifies the
  266  services to be provided to a resident receiving respite care,
  267  including charges for services, activities, equipment, emergency
  268  medical services, and the administration of medications. If
  269  multiple admissions for a single person for respite care are
  270  anticipated, the original contract is valid for 1 year after the
  271  date the contract is executed.
  272         (c) Ensure that each resident is released to his or her
  273  caregiver or an individual designated in writing by the
  274  caregiver.
  275         Section 12. Paragraph (d) of subsection (2) of section
  276  400.211, Florida Statutes, is amended to read:
  277         400.211 Persons employed as nursing assistants;
  278  certification requirement.—
  279         (2) The following categories of persons who are not
  280  certified as nursing assistants under part II of chapter 464 may
  281  be employed by a nursing facility for a single consecutive
  282  period of 4 months:
  283         (d) Persons who are employed as personal care attendants
  284  and who have completed the personal care attendant training
  285  program developed pursuant to s. 400.141(1)(y) s. 400.141(1)(w).
  286  As used in this paragraph, the term “personal care attendants”
  287  means persons who meet the training requirement in s.
  288  400.141(1)(y) s. 400.141(1)(w) and provide care to and assist
  289  residents with tasks related to the activities of daily living.
  290  
  291  The certification requirement must be met within 4 months after
  292  initial employment as a nursing assistant in a licensed nursing
  293  facility.
  294         Section 13. Subsection (1) of section 408.822, Florida
  295  Statutes, is amended to read:
  296         408.822 Direct care workforce survey.—
  297         (1) For purposes of this section, the term “direct care
  298  worker” means a certified nursing assistant, a home health aide,
  299  a personal care assistant, a companion services or homemaker
  300  services provider, a paid feeding assistant trained under s.
  301  400.141(1)(x) s. 400.141(1)(v), or another individual who
  302  provides personal care as defined in s. 400.462 to individuals
  303  who are elderly, developmentally disabled, or chronically ill.
  304         Section 14. Paragraph (e) of subsection (4) of section
  305  409.221, Florida Statutes, is amended to read:
  306         409.221 Consumer-directed care program.—
  307         (4) CONSUMER-DIRECTED CARE.—
  308         (e) Services.—Consumers shall use the budget allowance only
  309  to pay for home and community-based services that meet the
  310  consumer’s long-term care needs and are a cost-efficient use of
  311  funds. Such services may include, but are not limited to, the
  312  following:
  313         1. Personal care.
  314         2. Homemaking and chores, including housework, meals,
  315  shopping, and transportation.
  316         3. Home modifications and assistive devices which may
  317  increase the consumer’s independence or make it possible to
  318  avoid institutional placement.
  319         4. Assistance in taking self-administered medication.
  320         5. Day care and respite care services, including those
  321  provided by nursing home facilities pursuant to s. 400.141(1)(g)
  322  s. 400.141(1)(f) or by adult day care facilities licensed
  323  pursuant to s. 429.907.
  324         6. Personal care and support services provided in an
  325  assisted living facility.
  326         Section 15. Subsection (3) of section 430.80, Florida
  327  Statutes, is amended to read:
  328         430.80 Implementation of a teaching nursing home pilot
  329  project.—
  330         (3) To be designated as a teaching nursing home, a nursing
  331  home licensee must, at a minimum:
  332         (a) Provide a comprehensive program of integrated senior
  333  services that include institutional services and community-based
  334  services;
  335         (b) Participate in a nationally recognized accrediting
  336  program and hold a valid accreditation, such as the
  337  accreditation awarded by the Joint Commission, or, at the time
  338  of initial designation, possess a Gold Seal Award as conferred
  339  by the state on its licensed nursing home;
  340         (c) Have been in business in this state for a minimum of 10
  341  consecutive years;
  342         (d) Demonstrate an active program in multidisciplinary
  343  education and research that relates to gerontology;
  344         (e) Have a formalized contractual relationship with at
  345  least one accredited health profession education program located
  346  in this state;
  347         (f) Have senior staff members who hold formal faculty
  348  appointments at universities, which must include at least one
  349  accredited health profession education program; and
  350         (g) Maintain insurance coverage pursuant to s.
  351  400.141(1)(s) s. 400.141(1)(q) or proof of financial
  352  responsibility in a minimum amount of $750,000. Such proof of
  353  financial responsibility may include:
  354         1. Maintaining an escrow account consisting of cash or
  355  assets eligible for deposit in accordance with s. 625.52; or
  356         2. Obtaining and maintaining pursuant to chapter 675 an
  357  unexpired, irrevocable, nontransferable and nonassignable letter
  358  of credit issued by any bank or savings association organized
  359  and existing under the laws of this state or any bank or savings
  360  association organized under the laws of the United States that
  361  has its principal place of business in this state or has a
  362  branch office which is authorized to receive deposits in this
  363  state. The letter of credit shall be used to satisfy the
  364  obligation of the facility to the claimant upon presentment of a
  365  final judgment indicating liability and awarding damages to be
  366  paid by the facility or upon presentment of a settlement
  367  agreement signed by all parties to the agreement when such final
  368  judgment or settlement is a result of a liability claim against
  369  the facility.
  370         Section 16. Paragraph (h) of subsection (2) of section
  371  430.81, Florida Statutes, is amended to read:
  372         430.81 Implementation of a teaching agency for home and
  373  community-based care.—
  374         (2) The Department of Elderly Affairs may designate a home
  375  health agency as a teaching agency for home and community-based
  376  care if the home health agency:
  377         (h) Maintains insurance coverage pursuant to s.
  378  400.141(1)(s) s. 400.141(1)(q) or proof of financial
  379  responsibility in a minimum amount of $750,000. Such proof of
  380  financial responsibility may include:
  381         1. Maintaining an escrow account consisting of cash or
  382  assets eligible for deposit in accordance with s. 625.52; or
  383         2. Obtaining and maintaining, pursuant to chapter 675, an
  384  unexpired, irrevocable, nontransferable, and nonassignable
  385  letter of credit issued by any bank or savings association
  386  authorized to do business in this state. This letter of credit
  387  shall be used to satisfy the obligation of the agency to the
  388  claimant upon presentation of a final judgment indicating
  389  liability and awarding damages to be paid by the facility or
  390  upon presentment of a settlement agreement signed by all parties
  391  to the agreement when such final judgment or settlement is a
  392  result of a liability claim against the agency.
  393         Section 17. Subsection (13) of section 651.118, Florida
  394  Statutes, is amended to read:
  395         651.118 Agency for Health Care Administration; certificates
  396  of need; sheltered beds; community beds.—
  397         (13) Residents, as defined in this chapter, are not
  398  considered new admissions for the purpose of s. 400.141(1)(p)1
  399  s. 400.141(1)(n)1.
  400  
  401  ================= T I T L E  A M E N D M E N T ================
  402  And the title is amended as follows:
  403         Delete line 41
  404  and insert:
  405         with minimum staffing requirements; amending s.
  406         400.022, F.S.; requiring a resident’s attending health
  407         care provider in a nursing home facility to consult
  408         with the resident’s personal physician, if selected,
  409         in the provision of acute care to the resident and
  410         before ordering or prescribing medication to the
  411         resident; requiring the resident’s attending health
  412         care provider to document any such consultations in
  413         the resident’s records; requiring the nursing home
  414         facility to provide the resident’s records to the
  415         resident’s personal physician in accordance with
  416         specified provisions; providing that residents or
  417         their legal representatives have the right to receive
  418         a response from a nursing home facility within a
  419         specified timeframe of an inquiry or request for
  420         information; creating s. 400.0221, F.S.; requiring
  421         nursing home facilities to take certain measures
  422         before admitting a resident; requiring nursing home
  423         facilities to provide residents or their legal
  424         representatives with a copy of the resident care plan
  425         immediately after it is developed; requiring a
  426         physician, registered nurse, or care coordinator to
  427         discuss the plan with the resident or the resident’s
  428         legal representative for a specified purpose;
  429         requiring such plan to be reviewed at least quarterly
  430         by specified individuals; requiring the plan to be
  431         revised under certain circumstances; amending s.
  432         400.141, F.S.; requiring nursing home facilities to
  433         provide each resident with the opportunity to select a
  434         personal physician; requiring the attending health
  435         care provider at the facility, if selected, to consult
  436         with the resident’s personal physician for certain
  437         care or before ordering or prescribing medication to
  438         the resident; requiring the attending health care
  439         provider to document such consultations in the
  440         resident’s records; requiring the facility to provide
  441         the resident’s records to his or her personal
  442         physician on a monthly basis and within a specified
  443         timeframe of any changes in the resident’s condition,
  444         care, or treatment; requiring the facility to
  445         immediately forward the results of any test or
  446         examination of the resident to the resident’s personal
  447         physician; requiring the facility to continue
  448         providing such records until notified otherwise by the
  449         resident or the resident’s legal representative;
  450         requiring nursing home facilities to maintain the
  451         names and contact information of specified individuals
  452         on their websites; requiring nursing home facilities
  453         to publicly display in the facility the names of the
  454         manager and director of nursing on duty; amending s.
  455         400.145, F.S.; revising the timeframe in which nursing
  456         home facilities must furnish requested records of a
  457         current or former resident; requiring nursing home
  458         facilities to provide a resident’s records to the
  459         resident’s selected health care providers outside of
  460         the facility on a monthly basis and within a specified
  461         timeframe of any change in the resident’s condition,
  462         care, or treatment; requiring facilities to
  463         immediately provide the results of any test or
  464         examination conducted on the resident to the
  465         applicable health care providers; requiring the
  466         facility to continue providing such records until
  467         notified otherwise by the resident or the resident’s
  468         legal representative; authorizing the agency to cite
  469         nursing home facilities during the survey process for
  470         alleged or actual noncompliance with certain
  471         requirements; amending s. 400.23, F.S.; requiring
  472         nursing home facilities to post on their websites
  473         specified information relating to staffing at their
  474         facilities; requiring such information to be in a
  475         conspicuous location on their websites and in a
  476         specified format; amending ss. 400.172, 400.211,
  477         408.822, 409.221, 430.80, 430.81, and 651.118, F.S.;
  478         conforming cross-references; providing an