Bill Text: FL S7048 | 2011 | Regular Session | Introduced

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Bill Title: Certificates of Need

Spectrum: Committee Bill

Status: (N/A - Dead) 2011-02-08 - Submit as committee bill by Health Regulation (SB 864) [S7048 Detail]

Download: Florida-2011-S7048-Introduced.html

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       Florida Senate - 2011         (PROPOSED COMMITTEE BILL) SPB 7048
       
       
       
       FOR CONSIDERATION By the Committee on Health Regulation
       
       
       
       
       588-00716A-11                                         20117048__
    1                        A bill to be entitled                      
    2         An act relating to certificates of need; amending s.
    3         408.040, F.S.; extending until July 1, 2016,
    4         provisions authorizing the Agency for Health Care
    5         Administration to automatically grant a nursing home’s
    6         request for a reduction in annual Medicaid patient
    7         days as a condition of its certificate of need in
    8         specified circumstances; amending s. 408.0435, F.S.;
    9         extending the moratorium on nursing home certificates
   10         of need until July 1, 2016; providing conditions to be
   11         met by nursing homes in order to qualify for an
   12         exemption to the moratorium on certificates of need
   13         for nursing home facilities; providing an effective
   14         date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (d) of subsection (1) of section
   19  408.040, Florida Statutes, is amended to read:
   20         408.040 Conditions and monitoring.—
   21         (1)
   22         (d) If a nursing home is located in a county in which a
   23  long-term care community diversion pilot project has been
   24  implemented under s. 430.705 or in a county in which an
   25  integrated, fixed-payment delivery program for Medicaid
   26  recipients who are 60 years of age or older or dually eligible
   27  for Medicare and Medicaid has been implemented under s.
   28  409.912(5), the nursing home may request a reduction in the
   29  percentage of annual patient days used by residents who are
   30  eligible for care under Title XIX of the Social Security Act,
   31  which is a condition of the nursing home’s certificate of need.
   32  The agency shall automatically grant the nursing home’s request
   33  if the reduction is not more than 15 percent of the nursing
   34  home’s annual Medicaid-patient-days condition. A nursing home
   35  may submit only one request every 2 years for an automatic
   36  reduction. A requesting nursing home must notify the agency in
   37  writing at least 60 days in advance of its intent to reduce its
   38  annual Medicaid-patient-days condition by not more than 15
   39  percent. The agency must acknowledge the request in writing and
   40  must change its records to reflect the revised certificate-of
   41  need condition. This paragraph expires July 1, 2016 June 30,
   42  2011.
   43         Section 2. Subsections (1) and (5) of section 408.0435,
   44  Florida Statutes, are amended to read:
   45         408.0435 Moratorium on nursing home certificates of need.—
   46         (1) Notwithstanding the establishment of need as provided
   47  for in this chapter, a certificate of need for additional
   48  community nursing home beds may not be approved by the agency
   49  until July 1, 2016 2011.
   50         (5) The moratorium on certificates of need does not apply
   51  for the addition of nursing home beds licensed under chapter 400
   52  to a nursing home located in a county having up to 50,000
   53  residents, in a number not exceeding 10 total beds or 10 percent
   54  of the number of beds licensed in the facility being expanded,
   55  whichever is greater. In addition to any other documentation
   56  required by the agency, a request submitted under this
   57  subsection must:
   58         (a) Certify that the facility has not had any class I or
   59  class II deficiencies within the 30 months preceding the request
   60  for addition or since initial licensure if the facility has been
   61  licensed less than 30 months; and.
   62         (b) For a facility that has been licensed 24 months or
   63  longer, certify that the prior 12-month average occupancy rate
   64  for the nursing home beds at the facility meets or exceeds 94
   65  percent, or, and the facility had not had any class I or class
   66  II deficiencies since its initial licensure.
   67         (c) for a facility that has been licensed for less than 24
   68  months, certify that the prior 6-month average occupancy rate
   69  for the nursing home beds at the facility meets or exceeds 94
   70  percent and that the facility has not had any class I or class
   71  II deficiencies since its initial licensure.
   72  
   73  This subsection expires shall be repealed upon the expiration of
   74  the moratorium established in subsection (1).
   75         Section 3. This act shall take effect upon becoming a law.