June 03, 2020
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Senate Bill 0276

Senate Bill sb0276

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 276

    By Senator Crist





    13-48-02

  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 office

  5         of the Governor's Panel on Excellence in

  6         Long-Term Care; providing for selection of a

  7         panel chairperson; providing a definition;

  8         amending s. 400.4195, F.S.; providing

  9         conditions under which the prohibition against

10         payment of referral fees by assisted living

11         facilities does not apply; providing an

12         effective date.

13

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

15

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

17  400.235, Florida Statutes, is amended to read:

18         400.235  Nursing home quality and licensure status;

19  Gold Seal Program.--

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

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

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

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

24  terms of the panel members and notwithstanding the conditions

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

26  expire September 30, 2002. The panel shall be composed of the

27  following members appointed effective October 1, 2002:

28         a.  A consumer advocate for senior citizens, appointed

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

30         b.  Two persons having expertise in the field of

31  quality management, service-delivery excellence, or

                                  1

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    Florida Senate - 2002                                   SB 276
    13-48-02




  1  public-sector accountability, appointed by the Governor to

  2  serve a 3-year term.

  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.

12         g.  A consumer advocate for senior citizens, appointed

13  by the Florida Life Care Residents Association to serve a

14  3-year term.

15         h.  A consumer advocate for senior citizens, appointed

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

17         i.  A consumer advocate for senior citizens, appointed

18  by the Secretary of Health Care Administration to serve a

19  4-year term.

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

21  Health Care Administration.

22         k.  One person appointed by the Florida Association of

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

24         l.  One person appointed by the Florida Health Care

25  Association to serve a 2-year term.

26         m.  A member of the Florida Silver Hair Legislature,

27  appointed by the Florida Silver Hair Legislature to serve a

28  1-year term.

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

30  Citizens, appointed by the Florida State Council of Senior

31  Citizens to serve a 2-year term.

                                  2

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    Florida Senate - 2002                                   SB 276
    13-48-02




  1

  2  Thereafter, each panel member, except one appointed under

  3  subparagraph f. or subparagraph j., shall be appointed to

  4  serve a 4-year term. The panel shall be composed of three

  5  persons appointed by the Governor, to include a consumer

  6  advocate for senior citizens and two persons with expertise in

  7  the fields of quality management, service delivery excellence,

  8  or public sector accountability; three persons appointed by

  9  the Secretary of Elderly Affairs, to include an active member

10  of a nursing facility family and resident care council and a

11  member of the University Consortium on Aging; the State

12  Long-Term Care Ombudsman; one person appointed by the Florida

13  Life Care Residents Association; one person appointed by the

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

15  Health Care Administration; one person appointed by the

16  Florida Association of Homes for the Aging; and one person

17  appointed by the Florida Health Care Association. Vacancies on

18  the panel shall be filled in the same manner as the original

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

20  more than two consecutive 4-year terms.

21         2.  Panel members shall select the panel chairperson by

22  a majority vote at the panel's first meeting after all panel

23  members have been appointed.

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

25  advocate for senior citizens" means a person who:

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

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

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

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

30  Administration, the Department of Health, or the Department of

31  Elderly Affairs; and

                                  3

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    Florida Senate - 2002                                   SB 276
    13-48-02




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

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

  3  home.

  4         Section 2.  Section 400.4195, Florida Statutes, is

  5  amended to read:

  6         400.4195  Rebates prohibited; penalties.--

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

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

  9  agency employed by or contracting with the facility, licensed

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

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

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

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

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

15  indirectly, for residents referred to an assisted living

16  facility licensed under this part.

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

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

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

20  that:

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

22  42 U.S.C. s. 1320a-7b;

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

24  nonexclusive contract;

25         (c)  The contract provider represents multiple

26  facilities with different owners;

27         (d)  The employee or contract provider clearly

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

29  represents the facility, in addition to all other facilities

30  represented by the person or agency; and

31

                                  4

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    Florida Senate - 2002                                   SB 276
    13-48-02




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

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

  3  assisted living facility or employed by a health care facility

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

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

  6  ownership interest in an assisted living facility.

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

  8  contract with a the facility may provide placement or referral

  9  services for a fee to individuals seeking assistance in

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

11  placement or referral services must be paid by the individual

12  looking for a facility, not by the facility.

13         (4)(2)  A violation of this section shall be considered

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

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

16  law.

17

18            *****************************************

19                          SENATE SUMMARY

20    Revises membership and terms of office of the Governor's
      Panel on Excellence in Long-Term Care. Provides for the
21    selection of a panel chairperson. Defines the term
      "consumer advocate for senior citizens." Provides
22    conditions under which the prohibition against payment of
      referral fees by assisted living facilities does not
23    apply.

24

25

26

27

28

29

30

31

                                  5

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

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