Bill Text: FL S1088 | 2019 | Regular Session | Comm Sub
Bill Title: Nursing Home Facility Staffing
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-03-27 - Withdrawn from further consideration [S1088 Detail]
Download: Florida-2019-S1088-Comm_Sub.html
Florida Senate - 2019 CS for SB 1088 By the Committee on Health Policy; and Senator Albritton 588-02903-19 20191088c1 1 A bill to be entitled 2 An act relating to nursing home facility staffing; 3 amending s. 400.23, F.S.; revising direct care 4 staffing requirements for nursing home facilities; 5 requiring the Agency for Health Care Administration to 6 include such requirements in rule; defining the term 7 “direct care staff”; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsection (3) of section 400.23, Florida 12 Statutes, is amended to read: 13 400.23 Rules; evaluation and deficiencies; licensure 14 status.— 15 (3)(a)1. The agency shall adopt rules providing minimum 16 staffing requirements for nursing home facilities. These 17 requirements must include, for each facility: 18 a. A minimum weekly average ofcertified nursing assistant19and licensed nursing staffing combinedof3.93.6hours of 20 direct care staffing per resident per day as determined by 21 facility assessment staffing needs in accordance with 42 C.F.R. 22 part 483, subpart B. As used in this paragraphsub-subparagraph, 23 a week is defined as Sunday through Saturday, and the term 24 “direct care staff” includes those individuals who, through 25 interpersonal contact with residents or resident care 26 management, provide care and services that allow residents to 27 attain or maintain their highest practicable physical, mental, 28 and psychosocial states of well-being. The term does not include 29 individuals whose primary duty is maintaining the physical 30 environment of the facility. Direct care staffing hours do not 31 include time spent on the following functions: nursing 32 administration, staff development, staffing coordination, and 33 the administrative portion of the minimum data set and care plan 34 coordination. 35 b. A minimum nonnursing direct carecertified nursing36assistantstaffing of 2.5 hours of direct care per resident per 37 day. A facility may not staff below one certified nursing 38 assistant per 20 residents at any time. 39 c. A minimum licensed nursing staffing of 1.0 hour of 40 direct care per resident per day. A facility may not staff below 41 one licensed nurse per 40 residents at any time. 422. Nursing assistants employed under s. 400.211(2) may be43included in computing the staffing ratio for certified nursing44assistants if their job responsibilities include only nursing45assistant-related duties.46 2.3.Each nursing home facility must document compliance 47 with staffing standards as required under this paragraph and 48 post daily the names of staff on duty for the benefit of 49 facility residents and the public. 50 3.4.The agency shall recognize the use of licensed nurses 51 for compliance with minimum staffing requirements for direct 52 care staffcertified nursing assistantsif the nursing home 53 facility otherwise meets the minimum staffing requirements for 54 licensed nurses and the licensed nurses are performing the 55 duties of direct care staffa certified nursing assistant. 56 Unless otherwise approved by the agency, licensed nurses counted 57 toward the minimum staffing requirements for direct care staff 58certified nursing assistantsmust exclusively perform the duties 59 of direct care staffa certified nursing assistantfor the60entire shiftand not also be counted toward the minimum staffing 61 requirements for licensed nurses. If the agency approved a 62 facility’s request to use a licensed nurse to perform both 63 licensed nursing and direct care staffcertified nursing64assistantduties, the facility must allocate the amount of staff 65 time specifically spent on direct care staffcertified nursing66assistantduties for the purpose of documenting compliance with 67 minimum staffing requirements for certified and licensed nursing 68 staff. The hours of a licensed nurse with dual job 69 responsibilities may not be counted twice. 70(b) Nonnursing staff providing eating assistance to71residents shall not count toward compliance with minimum72staffing standards.73 (b)(c)Licensed practical nurses licensed under chapter 464 74 who are providing nursing services in nursing home facilities 75 under this part may supervise the activities of other licensed 76 practical nurses, certified nursing assistants, and other 77 unlicensed personnel providing services in such facilities in 78 accordance with rules adopted by the Board of Nursing. 79 Section 2. This act shall take effect July 1, 2019.