Bill Text: FL S1260 | 2018 | Regular Session | Introduced


Bill Title: Nursing Homes and Assisted Living Facilities

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-03-10 - Died in Health Policy [S1260 Detail]

Download: Florida-2018-S1260-Introduced.html
       Florida Senate - 2018                                    SB 1260
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-01260B-18                                          20181260__
    1                        A bill to be entitled                      
    2         An act relating to nursing homes and assisted living
    3         facilities; creating s. 366.042, F.S.; requiring the
    4         Public Service Commission to ensure that public
    5         utilities effectively prioritize the restoration of
    6         services to certain health care facilities in the
    7         event of emergencies; amending s. 400.0238, F.S.;
    8         requiring that a claimant’s attorney fees be
    9         calculated based on the claimant’s share of punitive
   10         damages; revising provisions related to punitive
   11         damages to include provisions for cases that are
   12         settled; amending s. 400.0239, F.S.; authorizing the
   13         Quality of Long-Term Care Facility Improvement Trust
   14         Fund to expend certain funds on a grant program
   15         administered by the Agency for Health Care
   16         Administration to provide funding for nursing home
   17         facilities to acquire emergency power sources;
   18         amending s. 400.19, F.S.; requiring the agency to
   19         determine compliance with statutes and rules relating
   20         to emergency power sources in the unannounced
   21         inspections of a nursing home facility; amending s.
   22         400.23, F.S.; requiring the agency, in consultation
   23         with the Department of Health and the Department of
   24         Elderly Affairs, to adopt and enforce rules requiring
   25         each facility to have an emergency power source and a
   26         supply of fuel which meet certain criteria; providing
   27         an exception; requiring the agency to adopt rules
   28         establishing minimum criteria for a comprehensive
   29         emergency management plan that includes a plan to
   30         monitor residents and transport them in certain
   31         situations to avoid complications from heat exposure;
   32         requiring the local emergency management agency to
   33         publish a list of facilities whose emergency plans
   34         have been approved; amending s. 429.41, F.S.;
   35         requiring the Department of Elderly Affairs, in
   36         consultation with the agency, the Department of
   37         Children and Families, and the Department of Health,
   38         to adopt and enforce rules requiring each facility
   39         maintain an emergency power source and a supply of
   40         fuel which meet certain criteria; providing an
   41         exception; providing an effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Section 366.042, Florida Statutes, is created to
   46  read:
   47         366.042 Power restoration priority.—The commission shall
   48  ensure that public utilities have effectively prioritized, in
   49  the event of an emergency, the restoration of services to
   50  critical medical facilities with at least 50 residents,
   51  including nursing homes licensed under part II of chapter 400
   52  and assisted living facilities licensed under part I of chapter
   53  429.
   54         Section 2. Subsections (2) and (4) of section 400.0238,
   55  Florida Statutes, are amended to read:
   56         400.0238 Punitive damages; limitation.—
   57         (2) The claimant’s attorney attorney’s fees, if payable
   58  from the judgment, are, to the extent that the fees are based on
   59  the punitive damages, calculated based on the claimant’s share
   60  of final judgment for punitive damages. This subsection does not
   61  limit the payment of attorney attorney’s fees based upon an
   62  award of damages other than punitive damages.
   63         (4) Notwithstanding any other law to the contrary, if the
   64  claimant has received a final judgment for the amount of
   65  punitive damages or there is a settlement of a case in which the
   66  claimant was granted leave to amend his or her complaint to add
   67  a claim for punitive damages, the punitive damages awarded
   68  pursuant to this section shall be equally divided before any
   69  distribution to the claimant’s counsel for fees or costs between
   70  the claimant and the Quality of Long-Term Care Facility
   71  Improvement Trust Fund, in accordance with the following
   72  provisions:
   73         (a) In the event of a judgment, the clerk of the court
   74  shall transmit a copy of the jury verdict to the Chief Financial
   75  Officer by certified mail. In the final judgment, the court
   76  shall order the percentages of the award, payable as provided
   77  herein. In the event of a settlement, the parties shall transmit
   78  by certified mail to the Chief Financial Officer a statement of
   79  the proportionate share due to the Quality of Long-Term Care
   80  Facility Improvement Trust Fund.
   81         (b) A settlement agreement entered into between the
   82  original parties to the action after a verdict has been returned
   83  must provide a proportionate share payable to the Quality of
   84  Long-Term Care Facility Improvement Trust Fund specified herein.
   85  For purposes of this paragraph, a proportionate share is a 50
   86  percent share of that percentage of the settlement amount which
   87  the punitive damages portion of the verdict bore to the total of
   88  the compensatory and punitive damages in the verdict.
   89         (c) The Department of Financial Services shall collect or
   90  cause to be collected all payments due the state under this
   91  section. Such payments are made to the Chief Financial Officer
   92  and deposited in the appropriate fund specified in this
   93  subsection.
   94         (d) If the full amount of punitive damages awarded cannot
   95  be collected, the claimant and the other recipient designated
   96  pursuant to this subsection are each entitled to a proportionate
   97  share of the punitive damages collected.
   98         Section 3. Paragraph (h) is added to subsection (2) of
   99  section 400.0239, Florida Statutes, to read:
  100         400.0239 Quality of Long-Term Care Facility Improvement
  101  Trust Fund.—
  102         (2) Expenditures from the trust fund shall be allowable for
  103  direct support of the following:
  104         (h) From proceeds generated pursuant to s. 400.0238, a
  105  grant program administered by the agency to provide funding for
  106  nursing home facilities to acquire emergency power sources.
  107         Section 4. Subsection (3) of section 400.19, Florida
  108  Statutes, is amended to read:
  109         400.19 Right of entry and inspection.—
  110         (3) The agency shall every 15 months conduct at least one
  111  unannounced inspection to determine compliance by the licensee
  112  with statutes, and with rules adopted promulgated under the
  113  provisions of those statutes, governing minimum standards of
  114  construction, emergency power sources, quality and adequacy of
  115  care, and rights of residents. The survey shall be conducted
  116  every 6 months for the next 2-year period if the facility has
  117  been cited for a class I deficiency, has been cited for two or
  118  more class II deficiencies arising from separate surveys or
  119  investigations within a 60-day period, or has had three or more
  120  substantiated complaints within a 6-month period, each resulting
  121  in at least one class I or class II deficiency. In addition to
  122  any other fees or fines in this part, the agency shall assess a
  123  fine for each facility that is subject to the 6-month survey
  124  cycle. The fine for the 2-year period shall be $6,000, one-half
  125  to be paid at the completion of each survey. The agency may
  126  adjust this fine by the change in the Consumer Price Index,
  127  based on the 12 months immediately preceding the increase, to
  128  cover the cost of the additional surveys. The agency shall
  129  verify through subsequent inspection that any deficiency
  130  identified during inspection is corrected. However, the agency
  131  may verify the correction of a class III or class IV deficiency
  132  unrelated to resident rights or resident care without
  133  reinspecting the facility if adequate written documentation has
  134  been received from the facility, which provides assurance that
  135  the deficiency has been corrected. The giving or causing to be
  136  given of advance notice of such unannounced inspections by an
  137  employee of the agency to any unauthorized person shall
  138  constitute cause for suspension of not fewer than 5 working days
  139  according to the provisions of chapter 110.
  140         Section 5. Paragraphs (d) and (g) of subsection (2) of
  141  section 400.23, Florida Statutes, are amended to read:
  142         400.23 Rules; evaluation and deficiencies; licensure
  143  status.—
  144         (2) Pursuant to the intention of the Legislature, the
  145  agency, in consultation with the Department of Health and the
  146  Department of Elderly Affairs, shall adopt and enforce rules to
  147  implement this part and part II of chapter 408, which shall
  148  include reasonable and fair criteria in relation to:
  149         (d) The equipment essential to the health and welfare of
  150  the residents, including an operational emergency power source
  151  and a supply of fuel sufficient to sustain the emergency power
  152  source for at least 4 days during a power outage. A facility may
  153  contract with a company that is able to timely supply an
  154  emergency power source or supply of fuel when requested by the
  155  facility, or may store an emergency power source or supply of
  156  fuel on site. The emergency power source must provide enough
  157  electricity to:
  158         1. Consistently maintain an ambient air temperature of 81°
  159  F. or less within one or more areas of the facility having
  160  enough space to safely hold all of the facility’s residents; and
  161         2. Allow for the refrigeration and standard preparation of
  162  food and beverages served by the facility to its residents and
  163  for the storage of ice.
  164  
  165  A facility located in an area that must be evacuated in a
  166  hurricane or which does not plan to house residents in an
  167  emergency may be exempted from the emergency power requirements
  168  of this paragraph upon request to and with authorization from
  169  the agency.
  170         (g) The preparation and annual update of a comprehensive
  171  emergency management plan. The agency shall adopt rules
  172  establishing minimum criteria for the plan after consultation
  173  with the Division of Emergency Management. At a minimum, the
  174  rules must provide for plan components that address emergency
  175  evacuation transportation; adequate sheltering arrangements;
  176  postdisaster activities, including emergency power, food, and
  177  water; postdisaster transportation; supplies; staffing;
  178  emergency equipment; individual identification of residents and
  179  transfer of records; a plan to monitor residents to ensure they
  180  do not experience complications from heat exposure and to make
  181  certain all residents have sufficient access to areas of the
  182  facility with an ambient air temperature of 81° F. or less; a
  183  plan to safely transport residents to an appropriate facility if
  184  a facility’s management knows it will be unable to maintain the
  185  residents in a safe temperature range; and responding to family
  186  inquiries. The comprehensive emergency management plan is
  187  subject to review and approval by the local emergency management
  188  agency. During its review, the local emergency management agency
  189  shall ensure that the following agencies, at a minimum, are
  190  given the opportunity to review the plan: the Department of
  191  Elderly Affairs, the Department of Health, the Agency for Health
  192  Care Administration, and the Division of Emergency Management.
  193  Also, appropriate volunteer organizations must be given the
  194  opportunity to review the plan. The local emergency management
  195  agency shall complete its review within 60 days and either
  196  approve the plan or advise the facility of necessary revisions.
  197  The local emergency management agency shall publish a list of
  198  facilities whose emergency plans have been approved.
  199         Section 6. Paragraph (a) of subsection (1) of section
  200  429.41, Florida Statutes, is amended to read:
  201         429.41 Rules establishing standards.—
  202         (1) It is the intent of the Legislature that rules
  203  published and enforced pursuant to this section shall include
  204  criteria by which a reasonable and consistent quality of
  205  resident care and quality of life may be ensured and the results
  206  of such resident care may be demonstrated. Such rules shall also
  207  ensure a safe and sanitary environment that is residential and
  208  noninstitutional in design or nature. It is further intended
  209  that reasonable efforts be made to accommodate the needs and
  210  preferences of residents to enhance the quality of life in a
  211  facility. Uniform firesafety standards for assisted living
  212  facilities shall be established by the State Fire Marshal
  213  pursuant to s. 633.206. The agency, in consultation with the
  214  department, may adopt rules to administer the requirements of
  215  part II of chapter 408. In order to provide safe and sanitary
  216  facilities and the highest quality of resident care
  217  accommodating the needs and preferences of residents, the
  218  department, in consultation with the agency, the Department of
  219  Children and Families, and the Department of Health, shall adopt
  220  rules, policies, and procedures to administer this part, which
  221  must include reasonable and fair minimum standards in relation
  222  to:
  223         (a) The requirements for and maintenance of facilities, not
  224  in conflict with chapter 553, relating to plumbing, heating,
  225  cooling, lighting, ventilation, living space, and other housing
  226  conditions, which will ensure the health, safety, and comfort of
  227  residents suitable to the size of the structure.
  228         1. Firesafety evacuation capability determination.—An
  229  evacuation capability evaluation for initial licensure shall be
  230  conducted within 6 months after the date of licensure.
  231         2. Firesafety requirements.—
  232         a. The National Fire Protection Association, Life Safety
  233  Code, NFPA 101 and 101A, current editions, shall be used in
  234  determining the uniform firesafety code adopted by the State
  235  Fire Marshal for assisted living facilities, pursuant to s.
  236  633.206.
  237         b. A local government or a utility may charge fees only in
  238  an amount not to exceed the actual expenses incurred by the
  239  local government or the utility relating to the installation and
  240  maintenance of an automatic fire sprinkler system in a licensed
  241  assisted living facility structure.
  242         c. All licensed facilities must have an annual fire
  243  inspection conducted by the local fire marshal or authority
  244  having jurisdiction.
  245         d. An assisted living facility that is issued a building
  246  permit or certificate of occupancy before July 1, 2016, may at
  247  its option and after notifying the authority having
  248  jurisdiction, remain under the provisions of the 1994 and 1995
  249  editions of the National Fire Protection Association, Life
  250  Safety Code, NFPA 101, and NFPA 101A. The facility opting to
  251  remain under such provisions may make repairs, modernizations,
  252  renovations, or additions to, or rehabilitate, the facility in
  253  compliance with NFPA 101, 1994 edition, and may use utilize the
  254  alternative approaches to life safety in compliance with NFPA
  255  101A, 1995 edition. However, a facility for which a building
  256  permit or certificate of occupancy is issued before July 1,
  257  2016, that undergoes Level III building alteration or
  258  rehabilitation, as defined in the Florida Building Code, or
  259  seeks to use utilize features not authorized under the 1994 or
  260  1995 editions of the Life Safety Code must thereafter comply
  261  with all aspects of the uniform firesafety standards established
  262  under s. 633.206, and the Florida Fire Prevention Code, in
  263  effect for assisted living facilities as adopted by the State
  264  Fire Marshal.
  265         3. Resident elopement requirements.—Facilities are required
  266  to conduct a minimum of two resident elopement prevention and
  267  response drills per year. All administrators and direct care
  268  staff must participate in the drills which shall include a
  269  review of procedures to address resident elopement. Facilities
  270  must document the implementation of the drills and ensure that
  271  the drills are conducted in a manner consistent with the
  272  facility’s resident elopement policies and procedures.
  273         4. Emergency power sources for use during power outages.
  274  Facilities are required to maintain an operational emergency
  275  power source and a supply of fuel sufficient to sustain the
  276  emergency power source for at least 4 days during a power
  277  outage. A facility may contract with a company that is able to
  278  timely supply an emergency power source or supply of fuel when
  279  requested by the facility, or may store an emergency power
  280  source or supply of fuel on site. The emergency power source
  281  must provide enough electricity to:
  282         a. Consistently maintain an ambient air temperature of 81°
  283  F. or less within one or more areas of the facility having
  284  enough space to safely hold all of the facility’s residents; and
  285         b. Allow for the refrigeration and standard preparation of
  286  food and beverages served by the facility to its residents and
  287  for the storage of ice.
  288  
  289  A facility located in an area that must be evacuated in a
  290  hurricane or which does not plan to house residents in an
  291  emergency may be exempted from the emergency power requirements
  292  of this subparagraph upon request to and with authorization from
  293  the agency.
  294         Section 7. This act shall take effect July 1, 2018.

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