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       Florida Senate - 2010                              CS for SB 816
       
       
       
       By the Committee on Higher Education; and Senator Aronberg
       
       
       
       
       589-04416-10                                           2010816c1
    1                        A bill to be entitled                      
    2         An act relating to teaching nursing homes; amending s.
    3         430.80, F.S.; revising the term “teaching nursing
    4         home” as it relates to the implementation of a
    5         teaching nursing home pilot project; revising the
    6         requirements to be designated as a teaching nursing
    7         home; amending s. 400.141, F.S.; conforming a cross
    8         reference; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsections (1) and (3) of section 430.80,
   13  Florida Statutes, are amended to read:
   14         430.80 Implementation of a teaching nursing home pilot
   15  project.—
   16         (1) As used in this section, the term “teaching nursing
   17  home” means a nursing home facility licensed under chapter 400
   18  which contains a minimum of 170 400 licensed nursing home beds;
   19  has access to a resident senior population of sufficient size to
   20  support education, training, and research relating to geriatric
   21  care; and has a contractual relationship with a federally funded
   22  accredited geriatric research center in this state.
   23         (3) To be designated as a teaching nursing home, a nursing
   24  home licensee must, at a minimum:
   25         (a) Provide a comprehensive program of integrated senior
   26  services that include institutional services and community-based
   27  services;
   28         (b) Participate in a nationally recognized accreditation
   29  program and hold a valid accreditation, such as the
   30  accreditation awarded by the Joint Commission on Accreditation
   31  of Healthcare Organizations, or, at the time of initial
   32  designation, possess a Gold Seal Award as conferred by the state
   33  on its licensed nursing home;
   34         (c) Have been in business in this state for a minimum of 10
   35  consecutive years;
   36         (d) Demonstrate an active program in multidisciplinary
   37  education and research that relates to gerontology;
   38         (e) Have a formalized contractual relationship with at
   39  least one accredited health profession education program located
   40  in this state;
   41         (f) Have a formalized contractual relationship with an
   42  accredited hospital that is designated by law as a teaching
   43  hospital; and
   44         (f)(g) Have senior staff members who hold formal faculty
   45  appointments at universities, which must include at least one
   46  accredited health profession education program; and.
   47         (g)(h) Maintain insurance coverage pursuant to s.
   48  400.141(1)(s) or proof of financial responsibility in a minimum
   49  amount of $750,000. Such proof of financial responsibility may
   50  include:
   51         1. Maintaining an escrow account consisting of cash or
   52  assets eligible for deposit in accordance with s. 625.52; or
   53         2. Obtaining and maintaining pursuant to chapter 675 an
   54  unexpired, irrevocable, nontransferable and nonassignable letter
   55  of credit issued by any bank or savings association organized
   56  and existing under the laws of this state or any bank or savings
   57  association organized under the laws of the United States that
   58  has its principal place of business in this state or has a
   59  branch office which is authorized to receive deposits in this
   60  state. The letter of credit shall be used to satisfy the
   61  obligation of the facility to the claimant upon presentment of a
   62  final judgment indicating liability and awarding damages to be
   63  paid by the facility or upon presentment of a settlement
   64  agreement signed by all parties to the agreement when such final
   65  judgment or settlement is a result of a liability claim against
   66  the facility.
   67         Section 2. Paragraph (s) of subsection (1) of section
   68  400.141, Florida Statutes, is amended to read:
   69         400.141 Administration and management of nursing home
   70  facilities.—
   71         (1) Every licensed facility shall comply with all
   72  applicable standards and rules of the agency and shall:
   73         (s) Maintain general and professional liability insurance
   74  coverage that is in force at all times. In lieu of general and
   75  professional liability insurance coverage, a state-designated
   76  teaching nursing home and its affiliated assisted living
   77  facilities created under s. 430.80 may demonstrate proof of
   78  financial responsibility as provided in s. 430.80(3)(g)(h).
   79         Section 3. This act shall take effect July 1, 2010.

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