June 03, 2020
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Senate Bill 0276

Senate Bill sb0276c1

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    Florida Senate - 2002                            CS for SB 276

    By the Committee on Governmental Oversight and Productivity;
    and Senator Crist




    302-1805-02

  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; amending s. 400.4195, F.S.;

  8         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. The panel shall be composed of the

23  following members:

24         a.  A consumer advocate for senior citizens, appointed

25  by the Governor.

26         b.  Two persons having expertise in the field of

27  quality management, service-delivery excellence, or

28  public-sector accountability, appointed by the Governor.

29         c.  A consumer advocate for senior citizens, appointed

30  by the Secretary of Elderly Affairs.

31

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    Florida Senate - 2002                            CS for SB 276
    302-1805-02




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

  2  resident care council, appointed by the Secretary of Elderly

  3  Affairs.

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

  5  appointed by the Secretary of Elderly Affairs.

  6         f.  The State Long-Term Care Ombudsman.

  7         g.  A consumer advocate for senior citizens, appointed

  8  by the Florida Life Care Residents Association.

  9         h.  A consumer advocate for senior citizens, appointed

10  by the Secretary of Health.

11         i.  A consumer advocate for senior citizens, appointed

12  by the Secretary of the Agency for Health Care Administration.

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

14  Health Care Administration.

15         k.  One person appointed by the Florida Association of

16  Homes for the Aging.

17         l.  One person appointed by the Florida Health Care

18  Association.

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

20  appointed by the Florida Silver Hair Legislature.

21         n.  A member of the Florida Alliance for Retired

22  Americans, appointed by the Florida Alliance for Retired

23  Americans.

24         o.  An elder-law attorney appointed by The Florida Bar.

25

26  Persons serving on the panel on the effective date of this act

27  shall continue to serve and persons shall be appointed

28  according to the criteria described in sub-subparagraphs m.,

29  n., and o. for terms beginning October 1, 2002; however, for

30  the dual purpose of staggering the terms of the members and

31  maintaining continuity, the terms of the panel members serving

                                  2

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    Florida Senate - 2002                            CS for SB 276
    302-1805-02




  1  on the effective date of this act who were appointed according

  2  to the criteria described in sub-subparagraphs b., d., g., i.,

  3  and k. expire September 30, 2002, and terms of the panel

  4  members serving on the effective date of this act who were

  5  appointed according to the criteria described in

  6  sub-subparagraphs a., c., e., h., and l. expire September 30,

  7  2003. Thereafter, each appointive member shall be appointed

  8  for a 4-year term in the same manner as the original

  9  appointment. A person may not be appointed to serve more than

10  two consecutive 4-year terms. However, an appointee serving on

11  the effective date of this act is not eligible for

12  reappointment.

13         2.  Panel members shall select the panel chairperson to

14  serve a 3-year term by a majority vote at the panel's first

15  meeting after all panel members have been appointed.

16         3.  For the purposes of this paragraph, the term

17  "consumer advocate for senior citizens" means a person who:

18         a.  Does not receive more than 20 percent of his or her

19  personal income from any business involved in the delivery of

20  long-term care services, from any attorney or law firm that

21  represents nursing home facilities or nursing home residents

22  in personal injury actions, or from any affiliated membership

23  organizations or corporations;

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

25  Administration, the Department of Health, or the Department of

26  Elderly Affairs; and

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

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

29  home. three persons appointed by the Governor, to include a

30  consumer advocate for senior citizens and two persons with

31  expertise in the fields of quality management, service

                                  3

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    Florida Senate - 2002                            CS for SB 276
    302-1805-02




  1  delivery excellence, or public sector accountability; three

  2  persons appointed by the Secretary of Elderly Affairs, to

  3  include an active member of a nursing facility family and

  4  resident care council and a member of the University

  5  Consortium on Aging; the State Long-Term Care Ombudsman; one

  6  person appointed by the Florida Life Care Residents

  7  Association; one person appointed by the Secretary of Health;

  8  two persons appointed by the Secretary of Health Care

  9  Administration; one person appointed by the Florida

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

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

12  shall be filled in the same manner as the original

13  appointments.

14         Section 2.  Section 400.4195, Florida Statutes, is

15  amended to read:

16         400.4195  Rebates prohibited; penalties.--

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

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

19  agency employed by or contracting with the facility, licensed

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

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

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

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

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

25  indirectly, for residents referred to an assisted living

26  facility licensed under this part.

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

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

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

30  that:

31

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    Florida Senate - 2002                            CS for SB 276
    302-1805-02




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

  2  42 U.S.C. s. 1320a-7b;

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

  4  nonexclusive contract;

  5         (c)  The contract provider represents multiple

  6  facilities with different owners;

  7         (d)  The employee or contract provider clearly

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

  9  represents and is being compensated by the facility, in

10  addition to all other facilities represented by the person or

11  agency; and

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

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

14  assisted living facility or employed by a health care facility

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

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

17  ownership interest in an assisted living facility.

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

19  contract with a the facility may provide placement or referral

20  services for a fee to individuals seeking assistance in

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

22  placement or referral services must be paid by the individual

23  looking for a facility, not by the facility.

24         (4)(2)  A violation of this section shall be considered

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

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

27  law.

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    Florida Senate - 2002                            CS for SB 276
    302-1805-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 276

  3

  4  Modifies terms of Governor's Panel on Excellence in Long-Term
    Care.
  5
    Provides for staggered terms of panel members.
  6
    Limits appointments to no more than two consecutive 4-year
  7  terms.

  8  Prohibits appointees serving on effective date of act from
    being reappointed.
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