Read the full stored bill text
Florida Senate
-
2026
SB 788
By
Senator Harrell
31-00405A-26 2026788__
1 A bill to be entitled
2 An act relating to health care; amending s. 408.821,
3 F.S.; authorizing the Agency for Health Care
4 Administration to authorize certain agencies and
5 organizations to access, use, and run reports in a
6 specified database for certain purposes; amending s.
7 408.822, F.S.; requiring the agency to publish survey
8 results in a specified manner to ensure that certain
9 facilities cannot be identified; amending s. 429.07,
10 F.S.; authorizing assisted living facilities to retain
11 certain licenses under certain circumstances;
12 requiring such facilities to notify the agency when
13 specified staffing conditions occur; amending s.
14 429.17, F.S.; requiring the agency to accept for
15 review certain late submissions for application
16 renewal; providing that late fees may still apply in
17 such cases; creating s. 429.212, F.S.; defining terms;
18 requiring referral agencies for assisted living
19 facilities to disclose specified information to a
20 consumer; requiring a referral agency to communicate
21 to certain assisted living facilities of the
22 consumer’s decision to stop using such referral
23 agency; prohibiting a referral agency from specified
24 acts; requiring a referral agency to notify an
25 assisted living facility immediately if the referral
26 agency refers a consumer to that facility; providing
27 requirements for contracts entered into between a
28 referral agency and an assisted living facility;
29 prohibiting a referral agency from offering or
30 entering into referral contracts for compensation
31 prohibited by state or federal law; amending s.
32 429.23, F.S.; revising the definition of the term
33 “adverse incident”; requiring that an adverse incident
34 report to the agency include specified information
35 relating to the affected resident and the type of
36 incident; deleting provisions requiring the agency to
37 send a certain report; amending s. 429.256, F.S.;
38 revising provisions relating to assistance with the
39 self-administration of medication; amending s. 429.26,
40 F.S.; requiring a third party providing certain
41 services or treatments to provide specified notes and
42 reports to the assisted living facility within a
43 specified timeframe; revising requirements for a
44 medical examination form; amending s. 429.41, F.S.;
45 revising licensure inspection requirements; amending
46 s. 429.52, F.S.; revising training and education
47 requirements for specified assisted living facility
48 staff; amending s. 429.55, F.S.; revising specified
49 information that each assisted living facility must
50 provide to the agency; creating s. 429.56, F.S.;
51 creating the Assisted Living Task Force adjunct to the
52 agency for specified purposes; requiring the agency to
53 provide administrative support to the task force;
54 providing for membership, compensation, meetings, and
55 duties of the task force; requiring the agency to
56 provide specified reports and information requested by
57 the task force; requiring the task force to submit
58 interim status reports and a final report to the
59 Governor and the Legislature by specified dates;
60 requiring that the reports be made available on the
61 agency’s website; providing for future legislative
62 review and repeal; providing an effective date.
63
64 Be It Enacted by the Legislature of the State of Florida:
65
66 Section 1. Subsection (4) of section 408.821, Florida
67 Statutes, is amended to read:
68 408.821 Emergency management planning; emergency
69 operations; inactive license.—
70 (4) The agency may adopt rules relating to emergency
71 management planning, communications, and operations. Licensees
72 providing residential or inpatient services must
use
utilize
an
73 online database approved by the agency to report information to
74 the agency regarding the provider’s emergency status, planning,
75 or operations.
The agency may authorize support agencies and
76
organizations that assist the state as part of the Emergency
77
Support Function 8 of the State Emergency Response Team to
78
access, use, and run reports in the database when responding to
79
declared emergencies.
80 Section 2. Subsection (5) of section 408.822, Florida
81 Statutes, is amended to read:
82 408.822 Direct care workforce survey.—
83 (5) The agency shall continually analyze the results of the
84 surveys and publish the results on its website
in the form of
85
aggregate data on a state or regional basis and in a manner
86
sufficient to ensure that a licensed facility cannot be
87
identified
. The agency shall update the information published on
88 its website monthly.
89 Section 3. Subsection (3) of section 429.07, Florida
90 Statutes, is amended to read:
91 429.07 License required; fee.—
92 (3) In addition to the requirements of s. 408.806, each
93 license granted by the agency must state the type of care for
94 which the license is granted. Licenses shall be issued for one
95 or more of the following categories of care: standard, extended
96 congregate care, limited nursing services, or limited mental
97 health.
An assisted living facility may retain such license
98
until licensure renewal, regardless of whether the facility
99
currently has residents using such services.
However, if a
100
facility
is no longer staffed to provide these specialty
101
services, it must notify
the agency
of such lapse in staffing
102
immediately, and again once the facility is properly staffed to
103
resume providing such specialty services.
104 (a) A standard license shall be issued to facilities
105 providing one or more of the personal services identified in s.
106 429.02. Such facilities may also employ or contract with a
107 person licensed under part I of chapter 464 to administer
108 medications and perform other tasks as specified in s. 429.255.
109 (b) An extended congregate care license shall be issued to
110 each facility that has been licensed as an assisted living
111 facility for 2 or more years and that provides services,
112 directly or through contract, beyond those authorized in
113 paragraph (a), including services performed by persons licensed
114 under part I of chapter 464 and supportive services, as defined
115 by rule, to persons who would otherwise be disqualified from
116 continued residence in a facility licensed under this part. An
117 extended congregate care license may be issued to a facility
118 that has a provisional extended congregate care license and
119 meets the requirements for licensure under subparagraph 2. The
120 primary purpose of extended congregate care services is to allow
121 residents the option of remaining in a familiar setting from
122 which they would otherwise be disqualified for continued
123 residency as they become more impaired. A facility licensed to
124 provide extended congregate care services may also admit an
125 individual who exceeds the admission criteria for a facility
126 with a standard license, if he or she is determined appropriate
127 for admission to the extended congregate care facility.
128 1. In order for extended congregate care services to be
129 provided, the agency
shall
must
first determine
whether
that
all
130 requirements established in law and rule are met and
shall
must
131 specifically designate, on the facility’s license, that such
132 services may be provided and whether the designation applies to
133 all or part of the facility. This designation may be made at the
134 time of initial licensure or relicensure, or upon request in
135 writing by a licensee under this part and part II of chapter
136 408. The notification of approval or the denial of the request
137 shall be made in accordance with part II of chapter 408. Each
138 existing facility that qualifies to provide extended congregate
139 care services must have maintained a standard license and may
140 not have been subject to administrative sanctions during the
141 previous 2 years, or since initial licensure if the facility has
142 been licensed for less than 2 years, for any of the following
143 reasons:
144 a. A class I or class II violation;
145 b. Three or more repeat or recurring class III violations
146 of identical or similar resident care standards from which a
147 pattern of noncompliance is found by the agency;
148 c. Three or more class III violations that were not
149 corrected in accordance with the corrective action plan approved
150 by the agency;
151 d. Violation of resident care standards which results in
152 requiring the facility to employ the services of a consultant
153 pharmacist or consultant dietitian;
154 e. Denial, suspension, or revocation of a license for
155 another facility licensed under this part in which the applicant
156 for an extended congregate care license has at least 25 percent
157 ownership interest; or
158 f. Imposition of a moratorium pursuant to this part or part
159 II of chapter 408 or initiation of injunctive proceedings.
160
161 The agency may deny or revoke a facility’s extended congregate
162 care license for not meeting the criteria for an extended
163 congregate care license as provided in this subparagraph.
164 2. If an assisted living facility has been licensed for
165 less than 2 years, the initial extended congregate care license
166 must be provisional and may not exceed 6 months. The licensee
167 shall notify the agency, in writing, when it has admitted at
168 least one extended congregate care resident, after which an
169 unannounced inspection shall be made to determine compliance
170 with the requirements of an extended congregate care license. A
171 licensee with a provisional extended congregate care license
172 which demonstrates compliance with all the requirements of an
173 extended congregate care license during the inspection shall be
174 issued an extended congregate care license. In addition to
175 sanctions authorized under this part, if violations are found
176 during the inspection and the licensee fails to demonstrate
177 compliance with all assisted living facility requirements during
178 a
follow-up
followup
inspection, the licensee
must
shall
179 immediately suspend extended congregate care services, and the
180 provisional extended congregate care license expires. The agency
181 may extend the provisional license for not more than 1 month in
182 order to complete a
follow-up
followup
visit.
183 3. A facility
that is
licensed to provide extended
184 congregate care services shall maintain a written progress
185 report on each person who receives such nursing services from
186 the facility’s staff which describes the type, amount, duration,
187 scope, and outcome of services
that are
rendered and the general
188 status of the resident’s health. A registered nurse, or
189 appropriate designee, representing the agency shall visit the
190 facility at least twice a year to monitor residents who are
191 receiving extended congregate care services and to determine
192
whether
if
the facility is in compliance with this part, part II
193 of chapter 408, and relevant rules. One of the visits may be in
194 conjunction with the regular survey. The monitoring visits may
195 be provided through contractual arrangements with appropriate
196 community agencies. A registered nurse shall serve as part of
197 the team that inspects the facility. The agency may waive one of
198 the required yearly monitoring visits for a facility that has:
199 a. Held an extended congregate care license for at least 24
200 months;
201 b. No class I or class II violations and no uncorrected
202 class III violations; and
203 c. No ombudsman council complaints that resulted in a
204 citation for licensure.
205 4. A facility
that is
licensed to provide extended
206 congregate care services must:
207 a. Demonstrate the capability to meet unanticipated
208 resident service needs.
209 b. Offer a physical environment that promotes a homelike
210 setting, provides for resident privacy, promotes resident
211 independence, and allows sufficient congregate space as defined
212 by rule.
213 c. Have sufficient staff available, taking into account the
214 physical plant and firesafety features of the building, to
215 assist with the evacuation of residents in an emergency.
216 d. Adopt and follow policies and procedures that maximize
217 resident independence, dignity, choice, and decisionmaking to
218 permit residents to age in place, so that moves due to changes
219 in functional status are minimized or avoided.
220 e. Allow residents or, if applicable, a resident’s
221 representative, designee, surrogate, guardian, or attorney in
222 fact to make a variety of personal choices, participate in
223 developing service plans, and share responsibility in
224 decisionmaking.
225 f. Implement the concept of managed risk.
226 g. Provide, directly or through contract, the services of a
227 person licensed under part I of chapter 464.
228 h. In addition to the training mandated in s. 429.52,
229 provide specialized training as defined by rule for facility
230 staff.
231 5. A facility
that is
licensed to provide extended
232 congregate care services is exempt from the criteria for
233 continued residency set forth in rules adopted under s. 429.41.
234 A licensed facility must adopt its own requirements within
235 guidelines for continued residency set forth by rule. However,
236 the facility may not serve residents who require 24-hour nursing
237 supervision. A licensed facility that provides extended
238 congregate care services must also provide each resident with a
239 written copy of facility policies governing admission and
240 retention.
241 6. Before the admission of an individual to a facility
242 licensed to provide extended congregate care services, the
243 individual must undergo a medical examination as provided in s.
244 429.26(5) and the facility must develop a preliminary service
245 plan for the individual.
246 7. If a facility can no longer provide or arrange for
247 services in accordance with the resident’s service plan and
248 needs and the facility’s policy, the facility must make
249 arrangements for relocating the person in accordance with s.
250 429.28(1)(k).
251 (c) A limited nursing services license shall be issued to a
252 facility that provides services beyond those authorized in
253 paragraph (a) and as specified in this paragraph.
254 1. In order for limited nursing services to be provided in
255 a facility licensed under this part, the agency must first
256 determine
whether
that
all requirements established in law and
257 rule are met and must specifically designate, on the facility’s
258 license, that such services may be provided. This designation
259 may be made at the time of initial licensure or licensure
260 renewal, or upon request in writing by a licensee under this
261 part and part II of chapter 408. Notification of approval or
262 denial of such request shall be made in accordance with part II
263 of chapter 408. An existing facility that qualifies to provide
264 limited nursing services must have maintained a standard license
265 and may not have been subject to administrative sanctions that
266 affect the health, safety, and welfare of residents for the
267 previous 2 years or since initial licensure if the facility has
268 been licensed for less than 2 years.
269 2. A facility
that is
licensed to provide limited nursing
270 services shall maintain a written progress report on each person
271 who receives such nursing services from the facility’s staff.
272 The report must describe the type, amount, duration, scope, and
273 outcome of services
that are
rendered and the general status of
274 the resident’s health. A registered nurse representing the
275 agency shall visit the facility at least annually to monitor
276 residents who are receiving limited nursing services and to
277 determine
whether
if
the facility is in compliance with
278 applicable provisions of this part, part II of chapter 408, and
279 related rules. The monitoring visits may be provided through
280 contractual arrangements with appropriate community agencies. A
281 registered nurse shall also serve as part of the team that
282 inspects such facility. Visits may be in conjunction with other
283 agency inspections. The agency may waive the required yearly
284 monitoring visit for a facility that has:
285 a. Had a limited nursing services license for at least 24
286 months;
287 b. No class I or class II violations and no uncorrected
288 class III violations; and
289 c. No ombudsman council complaints that resulted in a
290 citation for licensure.
291 3. A person who receives limited nursing services under
292 this part must meet the admission criteria established by the
293 agency for assisted living facilities. When a resident no longer
294 meets the admission criteria for a facility licensed under this
295 part, arrangements for relocating the person shall be made in
296 accordance with s. 429.28(1)(k), unless the facility is licensed
297 to provide extended congregate care services.
298 Section 4. Subsection (2) of section 429.17, Florida
299 Statutes, is amended to read:
300 429.17 Expiration of license; renewal; conditional
301 license.—
302 (2) A license shall be renewed in accordance with part II
303 of chapter 408 and the provision of satisfactory proof of
304 ability to operate and conduct the facility in accordance with
305 the requirements of this part and adopted rules, including proof
306 that the facility has received a satisfactory firesafety
307 inspection, conducted by the local authority having jurisdiction
308 or the State Fire Marshal, within the preceding 12 months.
If an
309
application for renewal is submitted within 30 days after the
310
expiration date of the license, the application
must
be accepted
311
for review
if
the application submission contains an explanation
312
of the reason for the submission after licensure expiration;
313
however, late f
e
es may still be imposed
.
314 Section 5. Section 429.212, Florida Statutes, is created to
315 read:
316
429.212
Referral agencies for assisted living facilities.—
317
(1)
As used this section, the term:
318
(a)
“Consumer” means a person seeking a referral to an
319
assisted living facility.
320
(b)
“Referral agency” means a person or entity that
321
provides assisted living facility referrals to consumers for a
322
fee collected from a consumer or a facility. The term does not
323
include:
324
1.
An assisted living facility or its employees; or
325
2.
A resident of an assisted living facility, or a
326
resident’s family member who refers a consumer to the facility
327
regardless of any discount or other remuneration the community
328
pays to that person.
329
(c)
“Referral” means the act of directing, recommending, or
330
facilitating the connection of a person, or his or her
331
representative, to an assisted living facility, with the intent
332
of assisting the person in obtaining long-term care, housing, or
333
related services, where the referring person or entity receives
334
compensation, including, but not limited to, a fee or a
335
commission, from the facility. The term includes providing
336
information about specific facilities or providers, arranging
337
tours or consultations, or coordinating placement in the
338
facility.
339
(2)(a)
At the time of a referral, a referral agency shall
340
provide to the consumer a disclosure statement that includes all
341
of the following:
342
1.
A description of the referral agency’s services.
343
2.
A statement on whether the consumer or the assisted
344
living facility to which the consumer is referred is responsible
345
for paying the referral fee.
346
3.
A statement that the consumer may stop using the
347
referral agency at any time without cause or penalty.
348
4.
A statement identifying the date of expiration of the
349
referral services being provided to the consumer, including an
350
explanation that after the expiration of the referral services,
351
neither the consumer nor the assisted living facility that the
352
consumer chooses is responsible for paying any referral fee.
353
5.
A statement disclosing whether the referral agency has
354
contracts with the recommended assisted living facilities.
355
6.
A notice that the consumer has the right to request
356
information about all assisted living facilities in the
357
requested geographic area which meet the consumer’s stated
358
preferences and care needs, including facilities with which the
359
referral agency does not have a contractual relationship.
360
(b)
If a consumer decides to stop using a referral agency,
361
the referral agency shall communicate the consumer’s decision to
362
all assisted living facilities to which the referral agency has
363
referred the consumer. A consumer’s decision to stop using a
364
referral agency does not affect a contractual agreement, if any,
365
between the referral agency and an assisted living facility.
366
(3)
A referral agency may not:
367
(a)
Refer a consumer to an assisted living facility in
368
which the referral agency has an ownership, management, or
369
financial interest;
370
(b)
Hold a power of attorney for a consumer or hold a
371
consumer’s property in any capacity;
372
(c)
Knowingly refer a consumer to an assisted living
373
facility that is unlicensed and is not exempt from licensing
374
under applicable law;
375
(d)
Collect a referral fee when a consumer moves to a
376
different assisted living facility, unless the consumer has
377
engaged the referral agency to help facilitate his or her move
378
to a different facility; or
379
(e)
Collect a referral fee after the expiration of the
380
referral according to the contract between the referral agency
381
and the assisted living facility.
382
(4)
If a referral agency refers a consumer to an assisted
383
living facility, the referral agency must immediately notify the
384
assisted living facility of the referral by a written physical
385
or electronic document that includes the time and date of the
386
referral. Such notification must include a copy of the
387
disclosure statement provided to the consumer by the referral
388
agency.
389
(5)(a)
A written contract entered into between a referral
390
agency and an assisted living facility may provide for the
391
compensation of a referral agency for all referrals made with
392
respect to an assisted living facility. The amount of
393
compensation may be based on the volume or value of referrals
394
made by the referral agency or business generated between the
395
parties.
396
(b)
Notwithstanding any other law to the contrary,
397
compensation paid to a referral agency which is in compliance
398
with this section is not grounds for disciplinary action against
399
an assisted living facility.
400
(c)
A referral agency may not offer or enter into a
401
contract authorized under this section for compensation
402
otherwise prohibited under state or federal law.
403 Section 6. Present subsections (4), (6), (7), (8), (9), and
404 (10) of section 429.23, Florida Statutes, are redesignated as
405 subsections (3), (4), (5), (6), (7), and (8), respectively, and
406 subsection (2) and present subsections (3), (4), (5), and (9) of
407 that section are amended, to read:
408 429.23 Internal risk management and quality assurance
409 program; adverse incidents and reporting requirements.—
410 (2) Every facility licensed under this part is required to
411 maintain adverse incident reports. For purposes of this section,
412 the term, “adverse incident” means:
413 (a) An event over which facility personnel
possess the
414
capacity, authority, or realistic ability to
could
exercise
415 control rather than as a result of the resident’s condition and
416 results in:
417 1. Death;
418 2. Brain or spinal damage;
419 3. Permanent disfigurement;
420 4. Fracture or dislocation of bones or joints;
421 5. Any condition that required medical attention to which
422 the resident has not given his or her consent, including failure
423 to honor advanced directives;
424 6. Any condition that requires the transfer of the resident
425 from the facility to a unit providing more acute care due to the
426 incident rather than the resident’s condition before the
427 incident; or
428 7. An event that is reported to law enforcement or its
429 personnel for investigation; or
430 (b) Resident elopement, if the elopement places the
431 resident at risk of harm or injury.
432
(3)
Licensed facilities shall provide within 1 business day
433
after the occurrence of an adverse incident, through the
434
agency’s online portal, or if the portal is offline, by
435
electronic mail, a preliminary report to the agency on all
436
adverse incidents specified under this section. The report must
437
include information regarding the identity of the affected
438
resident, the type of adverse incident, and the status of the
439
facility’s investigation of the incident.
440
(3)
(4)
Licensed facilities shall provide
Within 15 days
441
after the occurrence of an adverse incident, licensed facilities
442
shall provide
, through the agency’s online portal, or if the
443 portal is offline, by electronic mail, a full report to the
444 agency on all adverse incidents specified in this section. The
445 report must include
information regarding the identity of the
446
affected resident, the type of adverse incident, and
the results
447 of the facility’s investigation into the adverse incident.
448
(5)
Three business days before the deadline for the
449
submission of the full report required under subsection (4), the
450
agency shall send by electronic mail a reminder to the
451
facility’s administrator and other specified facility contacts.
452
Within 3 business days after the agency sends the reminder, a
453
facility is not subject to any administrative or other agency
454
action for failing to withdraw the preliminary report if the
455
facility determines the event was not an adverse incident or for
456
failing to file a full report if the facility determines the
457
event was an adverse incident.
458
(7)
(9)
The adverse incident reports
and preliminary adverse
459
incident reports
required under this section are confidential as
460 provided by law and are not discoverable or admissible in any
461 civil or administrative action, except in disciplinary
462 proceedings by the agency or appropriate regulatory board.
463 Section 7. Paragraphs (a) and (b) of subsection (4) of
464 section 429.256, Florida Statutes, are amended to read:
465 429.256 Assistance with self-administration of medication
466 and with other tasks.—
467 (4) Assistance with self-administration of medication does
468 not include:
469 (a) Mixing, compounding, converting, or calculating
470 medication doses, except for measuring a prescribed amount of
471 liquid medication
,
or
breaking a scored tablet or crushing a
472 tablet as prescribed
, or dialing an insulin pen prefilled by the
473
manufacturer
.
474 (b) The preparation of syringes for injection or the
475 administration of medications by any injectable route
, except
476
for the attachment of a new needle to an insulin pen prefilled
477
by the manufacturer
.
478 Section 8. Paragraph (a) of subsection (1) and subsection
479 (5) of section 429.26, Florida Statutes, are amended to read:
480 429.26 Appropriateness of placements; examinations of
481 residents.—
482 (1) The owner or administrator of a facility is responsible
483 for determining the appropriateness of admission of an
484 individual to the facility and for determining the continued
485 appropriateness of residence of an individual in the facility. A
486 determination must be based upon an evaluation of the strengths,
487 needs, and preferences of the resident, a medical examination,
488 the care and services offered or arranged for by the facility in
489 accordance with facility policy, and any limitations in law or
490 rule related to admission criteria or continued residency for
491 the type of license held by the facility under this part. The
492 following criteria apply to the determination of appropriateness
493 for admission and continued residency of an individual in a
494 facility:
495 (a) A facility may admit or retain a resident who receives
496 a health care service or treatment
that is
designed to be
497 provided within a private residential setting if all
498 requirements for providing that service or treatment are met by
499 the facility or a third party.
The third party must provide
500
notes a
nd reports pertaining to any change in condition of the
501
resident
to the facility within 24 hours after each resident
502
visit in a manner agreed upon by the third party and the
503
facility.
504 (5) Each resident must have been examined by a licensed
505 physician, a licensed physician assistant, or a licensed
506 advanced practice registered nurse within 60 days before
507 admission to the facility or within 30 days after admission to
508 the facility, except as provided in s. 429.07. The information
509 from the medical examination must be recorded on the
510 practitioner’s form or on a form adopted by agency rule. The
511 medical examination form,
completed to the extent deemed to be
512
appropriate by the practitioner, and
signed only by the
513 practitioner, must be submitted to the owner or administrator of
514 the facility, who shall use the information contained therein to
515 assist in the determination of the appropriateness of the
516 resident’s admission to or continued residency in the facility.
517
The owner or administrator may request additional information to
518
be completed by the practitioner in the medical examination form
519
if necessary to determine appropriateness of admission or
520
continued residency in the facility.
The medical examination
521 form may only be used to record the practitioner’s direct
522 observation of the patient at the time of examination and must
523 include the patient’s medical history. Such form does not
524 guarantee admission to, continued residency in, or the delivery
525 of services at the facility and must be used only as an
526 informative tool to assist in the determination of the
527 appropriateness of the resident’s admission to or continued
528 residency in the facility. The medical examination form,
529 reflecting the resident’s condition on the date the examination
530 is performed, becomes a permanent part of the facility’s record
531 of the resident and must be made available to the agency during
532 inspection or upon request. An assessment that has been
533 completed through the Comprehensive Assessment and Review for
534 Long-Term Care Services (CARES) Program fulfills the
535 requirements for a medical examination under this subsection and
536 s. 429.07(3)(b)6.
537 Section 9. Subsection (5) of section 429.41, Florida
538 Statutes, is amended to read:
539 429.41 Rules establishing standards.—
540 (5) The agency may use an abbreviated biennial standard
541 licensure inspection that consists of
, at a minimum,
a
desk
542 review of key quality-of-care standards in lieu of a full
543 inspection in a facility that has a good record of past
544 performance. However, a full inspection must be conducted in a
545 facility that has a history of class I or class II violations;
546 uncorrected class III violations; or a class I, class II, or
547 uncorrected class III violation resulting from a complaint
548 referred by the State Long-Term Care Ombudsman Program within
549 the previous licensure period immediately preceding the
550 inspection or if a potentially serious problem is identified
551 during the abbreviated inspection. The agency shall adopt by
552 rule the key quality-of-care standards.
553 Section 10. Subsection (6) of section 429.52, Florida
554 Statutes, is amended to read:
555 429.52 Staff training and educational requirements.—
556 (6) Staff assisting with the self-administration of
557 medications under s. 429.256 must complete a minimum of 6
558 additional hours of training provided by a registered nurse or a
559 licensed pharmacist before providing assistance.
Additional
560
training and a determination of competency by a registered nurse
561
or a licensed pharmacist is required for dialing or attaching a
562
new needle to an insulin pen that is prefilled by the
563
manufacturer.
Two hours of continuing education are required
564 annually thereafter. The agency shall establish by rule the
565 minimum requirements of this training.
566 Section 11. Paragraphs (a) and (b) of subsection (1) of
567 section 429.55, Florida Statutes, are amended to read:
568 429.55 Consumer information.—
569 (1) CONSUMER INFORMATION WEBSITE.—The Legislature finds
570 that consumers need additional information on the quality of
571 care and service in assisted living facilities in order to
572 select the best facility for themselves or their loved ones.
573 Therefore, the Agency for Health Care Administration shall
574 create content that is easily accessible through the home page
575 of the agency’s website either directly or indirectly through
576 links to one or more other established websites of the agency’s
577 choosing. The website must be searchable by facility name,
578 license type, city, or zip code. By November 1, 2015, the agency
579 shall include all content in its possession on the website and
580 add content when received from facilities. At a minimum, the
581 content must include:
582 (a) Information on each licensed assisted living facility,
583 including, but not limited to:
584 1. The name and address of the facility.
585 2. The name of the owner or operator of the facility.
586 3. The number and type of licensed beds in the facility
,
587
including the planned number of beds by license, category,
588
specialization, and Medicaid coverage
.
589 4. The types of licenses held by the facility.
590 5. The facility’s license expiration date and status.
591 6. The total number of clients that the facility is
592 licensed to serve and the most recently available occupancy
593 levels.
594 7. The number of private and semiprivate rooms offered.
595 8. The bed-hold policy.
596 9. The religious affiliation, if any, of the assisted
597 living facility.
598 10. The languages spoken by the staff.
599 11. Availability of nurses.
600 12. Forms of payment accepted, including, but not limited
601 to, Medicaid, Medicaid long-term managed care, private
602 insurance, health maintenance organization, United States
603 Department of Veterans Affairs, CHAMPUS program, or workers’
604 compensation coverage.
605 13. Indication if the licensee is operating under
606 bankruptcy protection.
607 14. Recreational and other programs available.
608 15. Special care units or programs offered.
609 16. Whether the facility is a part of a retirement
610 community that offers other services pursuant to this part or
611 part III of this chapter, part II or part III of chapter 400, or
612 chapter 651.
613 17. Links to the State Long-Term Care Ombudsman Program
614 website and the program’s statewide toll-free telephone number.
615 18. Links to the websites of the providers.
616 19. Other relevant information that the agency currently
617 collects.
618 (b) Survey and violation information for the facility,
619 including a list of the facility’s violations committed during
620 the previous 60 months,
until such a time as a change of
621
ownership occurs,
provided that the former and new ownership do
622
not share any direct or indirect controlling interest
which on
623
July 1, 2015, may include violations committed on or after July
624
1, 2010
. The list
must
shall
be updated monthly and include
all
625
of the following
for each violation:
626 1. A summary of the violation, including all licensure,
627 revisit, and complaint survey information, presented in a manner
628 understandable by the general public.
629 2. Any sanctions imposed by final order.
630 3. The date the corrective action was confirmed by the
631 agency.
632
633 The agency may adopt rules to administer this section.
634 Section 12. Section 429.56, Florida Statutes, is created to
635 read:
636
429.56
Assisted Living Task Force.—
637
(1)
The Assisted Living Task Force, a task force as defined
638
in s. 20.03(5), is created adjunct to the agency to address the
639
increasing demand for assisted living services due to the aging
640
population, addressing the future of senior living in a way that
641
promotes personalized care, increasing flexibility in facility
642
operations, and encouraging increased investment in the assisted
643
living industry. The agency shall provide administrative support
644
services relating to the functions of the task force for the
645
purposes of carrying out the duties and responsibilities of the
646
task force.
647
(2)(a)
The task force is composed of the following members:
648
1.
A person appointed by the President of the Senate.
649
2.
A person appointed by the Speaker of the House of
650
Representatives.
651
3.
The secretary of the agency, or his or her designee.
652
4.
The secretary of the Department of Elderly Affairs, or
653
his or her designee.
654
5.
The secretary of the Department of Children and
655
Families, or his or her designee.
656
6.
A representative from the Florida Senior Living
657
Association.
658
7.
A representative from the Florida Health Care
659
Association.
660
8.
A representative from LeadingAge Southeast.
661
9.
A representative from the Florida Assisted Living
662
Association.
663
10.
A representative from the Alzheimer’s Association.
664
11.
A representative from the Florida Chapter of the
665
American Association of Retired Persons.
666
12.
The following members of the task force shall be
667
appointed by the secretary of the agency, from nominees
668
recommended by the associations listed in subparagraphs 6.-9.:
669
a.
A representative of senior housing real estate
670
investment trusts.
671
b.
A representative of assisted living facility owners.
672
c.
A representative of assisted living facility
673
administrators.
674
d.
A representative of assisted living facility management
675
companies.
676
e.
A representative of assisted living facility Alzheimer’s
677
disease or other related disorders providers.
678
f.
A representative of continuing care facilities.
679
g.
A representative of assisted living facility limited
680
nursing services providers.
681
h.
A representative of assisted living facility limited
682
mental health providers.
683
i.
A representative of assisted living facility extended
684
congregate care providers.
685
13.
The following members of the task force shall be
686
appointed by the secretary of the agency, from among nominees
687
presented by the entities listed in subparagraphs 4., 5., 10.,
688
and 11.:
689
a.
A representative of residents.
690
b.
A representative of resident families.
691
(b)
Members of the task force shall serve without
692
compensation. Each member serves at the pleasure of the official
693
who appointed the member. A vacancy on the task force must be
694
filled in the same manner as the original appointment.
695
(c)
The task force shall elect from among its members a
696
chair to serve for 1 year. At the end of his or her term, a new
697
chair shall be elected in the same manner. The chair may create
698
committees or work groups to help with tasks, such as research,
699
scheduling speakers, and drafting reports and policy
700
recommendations.
701
(d)
Members of the task force shall be appointed, and the
702
task force shall hold its first meeting by October 1, 2026. The
703
task force shall meet quarterly or sooner upon the call of the
704
chair or upon the request of a majority of its members. The task
705
force may hold its meetings in person or by teleconference or
706
other electronic means; however, all meetings must have
707
teleconference or electronic capabilities. Notices for any
708
scheduled meetings of the task force must be published in
709
advance on the agency’s website.
710
(3)
The duties of the task force include, but are not
711
limited to, all of the following:
712
(a)
Identify innovative, person-centered care models to
713
meet the diverse needs of the state’s aging population, as well
714
as age in place protocols to prevent or reduce the transfer of
715
residents to more acute settings when possible.
716
(b)
Identify laws and regulations that would benefit from
717
modernization to enhance the state’s place as the national
718
leader in senior living. These recommendations must include, but
719
are not limited to, developing compliance process improvements
720
to reduce administrative burdens and enhance operational
721
efficiency and updating resident rights and adverse incident
722
reporting.
723
(c)
Identify opportunities to position Florida
724
strategically as the national leader in the senior living
725
industry with a focus on attracting investors, owners,
726
operators, and an increased workforce.
727
(d)
Create a needs assessment with policy recommendations
728
to assess and improve the impact of the state’s growing aging
729
population on assisted living facilities. The task force must
730
incorporate national trends and emerging issues, including, but
731
not limited to, facility licensing, bed capacity, staffing, and
732
service delivery to best inform recommendations and maintain the
733
state’s relevance and leadership in the industry.
734
(e)
Suggest enhancements to improve the collection and use
735
of assisted living facility data, with a focus on promoting
736
accuracy and transparency.
737
(4)(a)
The agency shall provide reports and information
738
requested by the task force to assist the task force in
739
fulfilling its duties.
740
(b)
The task force shall submit interim status reports
741
detailing the efforts of the task force and findings and
742
recommendations to the Governor, the President of the Senate,
743
and the Speaker of the House of Representatives by October 1,
744
2027, and October 1, 2028, and a final report by September 1,
745
2029. The reports must be made available on the agency’s
746
website.
747
(5)
In accordance with s. 20.052(8), this section is
748
repealed on October 2, 2029, unless reviewed and saved from
749
repeal through reenactment by the Legislature.
750 Section 13. This act shall take effect July 1, 2026.