Senate Bill 1344

Senate Bill sb1344c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                    CS for CS for SB 1344

    By the Committees on Regulated Industries; Health, Aging, and
    Long-Term Care; and Senator Constantine


  1                      A bill to be entitled

  2         An act relating to hospice facilities; amending

  3         s. 553.73, F.S.; including hospice facilities

  4         in the Florida Building Code; amending s.

  5         400.605, F.S.; deleting provisions requiring

  6         the Department of Elderly Affairs to adopt

  7         physical plant standards for hospice

  8         facilities; amending s. 400.601, F.S.;

  9         redefining the term "hospice"; creating s.

10         400.6055, F.S.; requiring construction

11         standards for hospice facilities to comply with

12         the Florida Building Code; requiring the Agency

13         for Health Care Administration to provide

14         technical assistance to the Florida Building

15         Commission to update the Florida Building Code

16         for hospice facilities; providing an effective

17         date.


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


21         Section 1.  Subsection (2) of section 553.73, Florida

22  Statutes, is amended to read:

23         553.73  Florida Building Code.--

24         (2)  The Florida Building Code shall contain provisions

25  or requirements for public and private buildings, structures,

26  and facilities relative to structural, mechanical, electrical,

27  plumbing, energy, and gas systems, existing buildings,

28  historical buildings, manufactured buildings, elevators,

29  coastal construction, lodging facilities, food sales and food

30  service facilities, health care facilities, including assisted

31  living facilities, adult day care facilities, hospice


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

    Florida Senate - 2004                    CS for CS for SB 1344

 1  residential and inpatient facilities and units, and facilities

 2  for the control of radiation hazards, public or private

 3  educational facilities, swimming pools, and correctional

 4  facilities and enforcement of and compliance with such

 5  provisions or requirements. Further, the Florida Building Code

 6  must provide for uniform implementation of ss. 515.25, 515.27,

 7  and 515.29 by including standards and criteria for residential

 8  swimming pool barriers, pool covers, latching devices, door

 9  and window exit alarms, and other equipment required therein,

10  which are consistent with the intent of s. 515.23. Technical

11  provisions to be contained within the Florida Building Code

12  are restricted to requirements related to the types of

13  materials used and construction methods and standards employed

14  in order to meet criteria specified in the Florida Building

15  Code. Provisions relating to the personnel, supervision or

16  training of personnel, or any other professional qualification

17  requirements relating to contractors or their workforce may

18  not be included within the Florida Building Code, and

19  subsections (4), (5), (6), and (7) are not to be construed to

20  allow the inclusion of such provisions within the Florida

21  Building Code by amendment. This restriction applies to both

22  initial development and amendment of the Florida Building

23  Code.

24         Section 2.  Subsection (1) of section 400.605, Florida

25  Statutes, is amended to read:

26         400.605  Administration; forms; fees; rules;

27  inspections; fines.--

28         (1)  The department, in consultation with the agency,

29  shall by rule establish minimum standards and procedures for a

30  hospice. The rules must include:

31         (a)  License application procedures and requirements.


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

    Florida Senate - 2004                    CS for CS for SB 1344

 1         (b)  The qualifications of professional and ancillary

 2  personnel to ensure the provision of appropriate and adequate

 3  hospice care.

 4         (c)  Standards and procedures for the administrative

 5  management of a hospice.

 6         (d)  Standards for hospice services that ensure the

 7  provision of quality patient care.

 8         (e)  Components of a patient plan of care.

 9         (f)  Procedures relating to the implementation of

10  advanced directives and do-not-resuscitate orders.

11         (g)  Procedures for maintaining and ensuring

12  confidentiality of patient records.

13         (h)  Standards for hospice care provided in

14  freestanding inpatient facilities that are not otherwise

15  licensed medical facilities and in residential care facilities

16  such as nursing homes, assisted living facilities, adult

17  family care homes, and hospice residential units and

18  facilities.

19         (i)  Physical plant standards for hospice residential

20  and inpatient facilities and units.

21         (i)(j)  Components of a comprehensive emergency

22  management plan, developed in consultation with the Department

23  of Health, the Department of Elderly Affairs, and the

24  Department of Community Affairs.

25         (j)(k)  Standards and procedures relating to the

26  establishment and activities of a quality assurance and

27  utilization review committee.

28         (k)(l)  Components and procedures relating to the

29  collection of patient demographic data and other information

30  on the provision of hospice care in this state.



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

    Florida Senate - 2004                    CS for CS for SB 1344

 1         Section 3.  Subsection (3) of section 400.601, Florida

 2  Statutes, is amended to read:

 3         400.601  Definitions.--As used in this part, the term:

 4         (3)  "Hospice" means a centrally administered

 5  corporation not for profit, as defined in chapter 617, and

 6  exempt from federal taxation under s. 501(c)(3) of the

 7  Internal Revenue Code, providing a continuum of palliative and

 8  supportive care for the terminally ill patient and his or her

 9  family.

10         Section 4.  Section 400.6055, Florida Statutes, is

11  created to read:

12         400.6055  Construction and renovation;

13  requirements.--The requirements for the construction and the

14  renovation of a hospice residential or inpatient facility or

15  unit must comply with the provisions of chapter 553 which

16  pertain to building construction standards, including

17  plumbing, electrical, glass, manufactured buildings,

18  accessibility by physically handicapped persons, and the state

19  minimum building codes. The Agency for Health Care

20  Administration shall provide technical assistance to the

21  Florida Building Commission in updating the construction

22  standards of the Florida Building Code relative to hospice

23  facilities.

24         Section 5.  This act shall take effect July 1, 2004.


                       COMMITTEE SUBSTITUTE FOR
27                          CS for SB 1344


29  The committee substitute amends s. 400.601, F.S., to redefine
    the term "hospice" to provide that the corporation must be
30  exempt from federal taxation under s. 501(c)(3) of the
    Internal Revenue Code.


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

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