Bill Text: FL S0976 | 2014 | Regular Session | Comm Sub
Bill Title: Home Health Care
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1179 (Ch. 2014-142) [S0976 Detail]
Download: Florida-2014-S0976-Comm_Sub.html
Florida Senate - 2014 CS for CS for SB 976 By the Committees on Judiciary; and Health Policy; and Senator Bean 590-03527-14 2014976c2 1 A bill to be entitled 2 An act relating to home health care; amending s. 3 400.471, F.S.; exempting certain home health agencies 4 from specified licensure application requirements; 5 amending s. 400.506, F.S.; requiring a licensed nurse 6 registry to ensure that each certified nursing 7 assistant and home health aide referred by the 8 registry present certain credentials; providing that 9 registered nurses, licensed practical nurses, 10 certified nursing assistants, companions or 11 homemakers, and home health aides are independent 12 contractors and not employees of the nurse registries 13 that referred them; requiring a nurse registry to 14 inform the patient, the patient’s family, or a person 15 acting on behalf of the patient that the a referred 16 caregiver is an independent contractor and that the 17 nurse registry is not required to monitor, supervise, 18 manage, or train a registered nurse, licensed 19 practical nurse, certified nursing assistant, 20 companion or homemaker, or home health aide referred 21 by the nurse registry; providing the duties of the 22 nurse registry for a violation of certain laws by an 23 individual referred by the nurse registry; requiring 24 that certain records be kept in accordance with rules 25 set by the Agency for Health Care Administration; 26 providing that a nurse registry does not have an 27 obligation to review and act upon such records except 28 under certain circumstances; providing an effective 29 date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Paragraph (h) of subsection (2) of section 34 400.471, Florida Statutes, is amended to read: 35 400.471 Application for license; fee.— 36 (2) In addition to the requirements of part II of chapter 37 408, the initial applicant must file with the application 38 satisfactory proof that the home health agency is in compliance 39 with this part and applicable rules, including: 40 (h) In the case of an application for initial licensure, 41 documentation of accreditation, or an application for 42 accreditation, from an accrediting organization that is 43 recognized by the agency as having standards comparable to those 44 required by this part and part II of chapter 408. A home health 45 agency that is not Medicare or Medicaid certified and does not 46 provide skilled care is exempt from this paragraph. 47 48 Notwithstanding s. 408.806, an applicant that has applied for 49 accreditation must provide proof of accreditation that is not 50 conditional or provisional within 120 days after the date of the 51 agency’s receipt of the application for licensure or the 52 application shall be withdrawn from further consideration. Such 53 accreditation must be maintained by the home health agency to 54 maintain licensure. The agency shall accept, in lieu of its own 55 periodic licensure survey, the submission of the survey of an 56 accrediting organization that is recognized by the agency if the 57 accreditation of the licensed home health agency is not 58 provisional and if the licensed home health agency authorizes 59 releases of, and the agency receives the report of, the 60 accrediting organization. 61 Section 2. Paragraph (a) of subsection (6) of section 62 400.506, Florida Statutes, is amended, and paragraphs (d) and 63 (e) are added to that subsection, and subsections (19) and (20) 64 are added to that section, to read: 65 400.506 Licensure of nurse registries; requirements; 66 penalties.— 67 (6)(a) A nurse registry may refer for contract in private 68 residences registered nurses and licensed practical nurses 69 registered and licensed under part I of chapter 464, certified 70 nursing assistants certified under part II of chapter 464, home 71 health aides who present documented proof of successful 72 completion of the training required by rule of the agency, and 73 companions or homemakers for the purposes of providing those 74 services authorized under s. 400.509(1). A licensed nurse 75 registry shall ensure that each certified nursing assistant 76 referred for contract by the nurse registry and each home health 77 aide referred for contract by the nurse registry has presented 78 credentials demonstrating that he or she is adequately trained 79 to perform the tasks of a home health aide in the home setting. 80 Each person referred by a nurse registry must provide current 81 documentation that he or she is free from communicable diseases. 82 (d) A registered nurse, licensed practical nurse, certified 83 nursing assistant, companion or homemaker, or home health aide 84 referred for contract under this chapter by a nurse registry 85 shall be deemed an independent contractor and not an employee of 86 the nurse registry regardless of the obligations imposed on a 87 nurse registry under this chapter or chapter 408. 88 (e) Upon referral of a registered nurse, licensed practical 89 nurse, certified nursing assistant, companion or homemaker, or 90 home health aide for contract in a private residence or 91 facility, the nurse registry shall advise the patient or the 92 patient’s family, or any other person acting on behalf of the 93 patient that at the time of the contract for services that the 94 caregiver referred by the nurse registry is an independent 95 contractor and that it is not the obligation of a nurse registry 96 to monitor, supervise, manage, or train a caregiver referred for 97 contract under this chapter. 98 (19) It is not the obligation of a nurse registry to 99 monitor, supervise, manage, or train a registered nurse, 100 licensed practical nurse, certified nursing assistant, companion 101 or homemaker, or home health aide referred for contract under 102 this chapter. In the event of a violation of this chapter or a 103 violation of any other law of this state by a referred 104 registered nurse, licensed practical nurse, certified nursing 105 assistant, companion or homemaker, or home health aide, or a 106 deficiency in credentials which comes to the attention of the 107 nurse registry, the nurse registry shall advise the patient to 108 terminate the referred person’s contract, providing the reason 109 for the suggested termination; cease referring the individual to 110 other patients or facilities; and, if practice violations are 111 involved, notify the licensing board. This section does not 112 affect or negate any other obligations imposed on a nurse 113 registry under chapter 408. 114 (20) Records required under this chapter to be filed with 115 the nurse registry as a repository of records must be kept in 116 accordance with rules adopted by the agency, and the nurse 117 registry has no obligation to review and act upon such records 118 except as specified in subsection (19). 119 Section 3. This act shall take effect July 1, 2014.