summary
Introduced
01/06/2022
01/06/2022
In Committee
03/04/2022
03/04/2022
Crossed Over
03/07/2022
03/07/2022
Passed
03/07/2022
03/07/2022
Dead
Signed/Enacted/Adopted
04/08/2022
04/08/2022
Introduced Session
2022 Regular Session
Bill Summary
An act relating to nursing homes; amending s. 400.021, F.S.; revising a definition; amending s. 400.23, F.S.; providing definitions; specifying functions that do not constitute direct care staffing hours for purposes of required nursing home staffing ratios; requiring nursing home facilities to determine their direct care staffing needs based on the facility assessment and the individual needs of a resident based on the resident's care plan; revising nursing home staffing requirements; requiring nursing home facilities to maintain and report staffing information consistent with federal law; specifying that evidence of a facility's compliance with the minimum direct care staffing requirements is not admissible as evidence of compliance with certain federal requirements; providing that certain paid feeding assistants and direct care staff count toward compliance with the overall direct care minimum staffing requirement; providing an exception; requiring certain direct care staff to complete a certain feeding assistant training program; authorizing the Agency for Health Care Administration to adopt rules; amending s. 400.0234, F.S.; providing that certain information submitted to the agency is discoverable and may be admissible in hb1239-04-er ENROLLED , Engrossed 1 2022 Legislature certain civil or administrative proceedings; amending s. 400.024, F.S.; providing that the transferee in a change of ownership of a facility is responsible and liable for any unsatisfied or undischarged adverse final judgements; requiring the licensee or transferor who submits an application for a change of ownership to provide written notice to each pending claimant or the claimant's attorney; requiring such notice to be provided within a specified timeframe and by certain methods; providing that a claimant has a specified period to object to an application for a change of ownership; requiring the agency to consider any objection in its decision to approve or deny such application; authorizing a claimant to file a petition to enjoin a change of ownership under certain circumstances; defining the term "claimant"; amending s. 400.141, F.S.; revising provisions relating to a facility's failure to comply with minimum staffing requirements; conforming cross-references and provisions to changes made by the act; providing an effective date.
AI Summary
This bill amends Florida's laws related to nursing homes. The key provisions include:
1. Defining "direct care staff" and "facility assessment" for the purposes of nursing home staffing requirements.
2. Requiring nursing homes to determine their direct care staffing needs based on the facility assessment and individual resident care plans, and setting minimum staffing requirements for licensed nurses and certified nursing assistants.
3. Specifying that evidence of compliance with the minimum direct care staffing requirements is not admissible as evidence of compliance with federal nursing services requirements.
4. Allowing paid feeding assistants and certain direct care staff to count towards the overall direct care minimum staffing requirement, but not the specific hours required for certified nursing assistants or licensed nurses.
5. Requiring nursing homes to maintain and report staffing information consistent with federal law.
6. Allowing the state's Agency for Health Care Administration to adopt rules to implement the staffing requirements.
7. Providing that information submitted to the agency related to nursing home resident care and staffing is discoverable and admissible in certain civil or administrative proceedings.
8. Requiring notice to be provided to pending claimants when a nursing home change of ownership application is submitted, and allowing claimants to object to the application.
9. Holding the new owner responsible and liable for any unsatisfied or undischarged adverse final judgments against the previous owner.
Committee Categories
Budget and Finance, Health and Social Services
Sponsors (1)
Other Sponsors (2)
Finance and Facilities Subcommittee (House), Health and Human Services Committee (House)
Last Action
Chapter No. 2022-61 (on 04/08/2022)
Official Document
bill text
bill summary
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bill summary
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bill summary
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