July 10, 2020
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House Bill 0255

House Bill hb0255

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2002                 HB 255

        By Representative Carassas






  1                      A bill to be entitled

  2         An act relating to nursing homes and related

  3         health care facilities; amending s. 400.235,

  4         F.S.; revising membership and terms of the

  5         Governor's Panel on Excellence in Long-Term

  6         Care; providing for selection of a panel chair;

  7         providing a definition; amending s. 400.4195,

  8         F.S.; providing conditions under which the

  9         prohibition against payment of referral fees by

10         assisted living facilities does not apply;

11         providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Paragraph (a) of subsection (3) of section

16  400.235, Florida Statutes, is amended to read:

17         400.235  Nursing home quality and licensure status;

18  Gold Seal Program.--

19         (3)(a)1.  The Gold Seal Program shall be developed and

20  implemented by the Governor's Panel on Excellence in Long-Term

21  Care, which shall operate under the authority of the Executive

22  Office of the Governor. For the purposes of staggering the

23  terms of the panel members and notwithstanding the conditions

24  of the original appointments, the terms of all panel members

25  shall expire on September 30, 2003. The panel shall be

26  composed of the following members appointed effective October

27  1, 2003:

28         a.  A consumer advocate for senior citizens, appointed

29  by the Governor, to serve a 4-year term.

30         b.  Two persons with expertise in the fields of quality

31  management, service delivery excellence, or public-sector

                                  1

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    Florida House of Representatives - 2002                 HB 255

    757-114-02






  1  accountability, appointed by the Governor, to serve 3-year

  2  terms.

  3         c.  A consumer advocate for senior citizens, appointed

  4  by the Secretary of Elderly Affairs, to serve a 4-year term.

  5         d.  An active member of a nursing facility family and

  6  resident care council, appointed by the Secretary of Elderly

  7  Affairs, to serve a 1-year term.

  8         e.  A member of the University Consortium on Aging,

  9  appointed by the Secretary of Elderly Affairs, to serve a

10  2-year term.

11         f.  The State Long-Term Care Ombudsman, to serve an

12  indefinite term.

13         g.  A consumer advocate for senior citizens, appointed

14  by the Florida Life Care Residents Association, to serve a

15  3-year term.

16         h.  A consumer advocate for senior citizens, appointed

17  by the Secretary of Health, to serve a 2-year term.

18         i.  A consumer advocate for senior citizens, appointed

19  by the Secretary of Health Care Administration, to serve a

20  4-year term.

21         j.  The Deputy Secretary for Medicaid of the Agency for

22  Health Care Administration, to serve an indefinite term.

23         k.  One person appointed by the Florida Association of

24  Homes for the Aging, to serve a 1-year term.

25         l.  One person appointed by the Florida Health Care

26  Association, to serve a 2-year term.

27         m.  A member of the Florida Silver Hair Legislature

28  appointed by the Florida Silver Hair Legislature, to serve a

29  1-year term.

30

31

                                  2

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    Florida House of Representatives - 2002                 HB 255

    757-114-02






  1         n.  A member of the Florida State Council of Senior

  2  Citizens appointed by the Florida State Council of Senior

  3  Citizens, to serve a 2-year term.

  4

  5  Thereafter, all panel members except those appointed under

  6  subparagraphs f. and j. shall be appointed to serve 4-year

  7  terms. The panel shall be composed of three persons appointed

  8  by the Governor, to include a consumer advocate for senior

  9  citizens and two persons with expertise in the fields of

10  quality management, service delivery excellence, or public

11  sector accountability; three persons appointed by the

12  Secretary of Elderly Affairs, to include an active member of a

13  nursing facility family and resident care council and a member

14  of the University Consortium on Aging; the State Long-Term

15  Care Ombudsman; one person appointed by the Florida Life Care

16  Residents Association; one person appointed by the Secretary

17  of Health; two persons appointed by the Secretary of Health

18  Care Administration; one person appointed by the Florida

19  Association of Homes for the Aging; and one person appointed

20  by the Florida Health Care Association. Vacancies on the panel

21  shall be filled in the same manner as the original

22  appointments. A panel member may not be appointed to serve

23  more than two consecutive 4-year terms.

24         2.  Panel members shall select the panel chair by a

25  majority vote at the panel's first meeting after all panel

26  members have been appointed.

27         3.  For purposes of this paragraph, the term "consumer

28  advocate for senior citizens" means a person who:

29         a.  Receives no money from the nursing home industry in

30  the form of wages, contributions, or gifts and has no

31  relatives who receive such wages, contributions, or gifts;

                                  3

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    Florida House of Representatives - 2002                 HB 255

    757-114-02






  1         b.  Is not an employee of the Agency for Health Care

  2  Administration, the Department of Health, or the Department of

  3  Elderly Affairs; and

  4         c.  Is either a member of an organized senior advocacy

  5  group or has had or currently has a relative in a nursing

  6  home.

  7         Section 2.  Section 400.4195, Florida Statutes, is

  8  amended to read:

  9         400.4195  Rebates prohibited; penalties.--

10         (1)  Except as provided in subsection (2), it is

11  unlawful for any assisted living facility, or any person or

12  agency employed by or contracting with the facility, licensed

13  under this part to contract or promise to pay or receive any

14  commission, bonus, kickback, or rebate or engage in any

15  split-fee arrangement in any form whatsoever with any health

16  care practitioner, health care facility, or other physician,

17  surgeon, organization, agency, or person, either directly or

18  indirectly, for residents referred to an assisted living

19  facility licensed under this part.

20         (2)  A facility may employ or contract with persons or

21  agencies to market the facility for a fee or commission based

22  on the volume or value of referrals to the facility, provided

23  that:

24         (a)  The facility is not subject to the provisions of

25  42 U.S.C. s. 1320a-7b;

26         (b)  Payment to the contract provider is made under a

27  nonexclusive contract;

28         (c)  The contract provider represents multiple

29  facilities with different owners;

30         (d)  The employee or contract provider clearly

31  indicates to all clients prior to referral that he or she

                                  4

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    Florida House of Representatives - 2002                 HB 255

    757-114-02






  1  represents the facility, in addition to all other facilities

  2  represented by the person or agency; and

  3         (e)  The employee or contract provider also is not a

  4  health care practitioner in a position to make referrals to an

  5  assisted living facility or employed by a health care facility

  6  or any other organization or agency in a position to make

  7  referrals to an assisted living facility or does not have an

  8  ownership interest in an assisted living facility.

  9         (3)  A person or agency independent of and not under

10  contract with a the facility may provide placement or referral

11  services for a fee to individuals seeking assistance in

12  finding a suitable facility; however, any fee paid for

13  placement or referral services must be paid by the individual

14  looking for a facility, not by the facility.

15         (4)(2)  A violation of this section shall be considered

16  patient brokering and is punishable as provided in s. 817.505.

17         Section 3.  This act shall take effect upon becoming a

18  law.

19

20            *****************************************

21                          HOUSE SUMMARY

22
      Revises membership and terms of the Governor's Panel on
23    Excellence in Long-Term Care. Provides for selection of a
      panel chair. Revises provisions which prohibit rebates
24    for referral of residents to assisted living facilities.
      Specifies conditions under which a facility may employ or
25    contract with persons to market the facility for a fee or
      commission.
26

27

28

29

30

31

                                  5

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