Effective7/1/20; Signed by Gov. (Ch. 2020-68, L.O.F.)
Provides policy-driven direction that modernizes seniors’ assisted living experience, empowers seniors with stronger consumer protections to better manage their care, and strengthens facilities’ ability to serve seniors as residential models with a heath care overlay in a nationally competitive service industry.
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Effective 7/1/20; Signed by Gov. (Ch. 2020-9, L.O.F.)
The bill establishes autonomous practice authority for advanced practice registered nurses (APRNs), and amends laws regulating certified nursing assistants (CNAs), home health aides (HHAs), and their licensed practice settings.
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Effective 7/1/20; Signed by Gov. (Ch. 2020-157, L.O.F.)
The bill amends various authorizing and licensing statutes for entities regulated by the Agency for Health Care Administration (AHCA). The bill also amends laws governing the Medicaid program, administered by AHCA
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Portions of the bill of interest to assisted living communities and/or seniors residing in ALFs include:
- Updates requirements for approval of comprehensive emergency management plans for newly licensed facilities;
- Allows a health care facility employee, who has previously qualified with background screening requirements, to apply for an exemption if the law is changed to add a disqualifying offense for which the employee committed prior to being screened;
- Allows AHCA to issue provisional licenses to all regulated providers/facilities;
- Authorizes risk-based, less frequent, licensure inspections for nurse registries, home medical equipment providers, and health care clinics;
- Allows AHCA to use extended inspection periods for high performing hospices and adult day care centers, which are currently inspected biennially;
- Revises a requirement for AHCA to inspect nursing homes with records of poor performance every six months for a two-year period, to instead require two surveys every year until the facility has two consecutive surveys without a citation for a class I or a class II deficiency;
- Amends the definition of home health agency to clarify that an agency that provides only home health services, but not staffing services, must be licensed as a home health agency; and
- Increases the range of services defined as “shoppable” for purposes of earning shared saving incentives offered by insurers.
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Effective 7/1/20; Signed by Gov. (Ch. 2020-17, L.O.F.)
The bill authorizes each state attorney to create an elder abuse fatality review team to review closed cases where the death of an elderly person was caused by, or related to, abuse or neglect. The bill includes procedures for organizing a review team, appointing members, and obtaining relevant records for review. A review team must consider the surrounding circumstances and events leading up to a fatal incident, identify any gaps in support and service delivery, and make recommendations for systematic improvements to prevent elder abuse and deaths.
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Effective 7/1/20; Signed by Gov. (Ch. 2020-133, L.O.F.)
The bill amends programs and health care professions regulated under the Department of Health. Portions of the bill of interest to assisted living communities and/or seniors residing in ALFs include:
- Establishes battery against a patient or resident of certain health care facilities a disqualifying offense for certain health care licenses and employment in certain health care facilities;
- Authorizes DOH to request a date of birth on a licensure application;
- Authorizes DOH to issue a temporary license that expires 60 days after issuance, rather than 30 days, to certain applicants without social security numbers;
- Extends the sunset date for Florida Center for Nursing annual reports on nursing education to January 30, 2025;
- Authorizes local governments, in consultation with DOH, to develop a special use permit process for surf pools, and exempts such pools from DOH permitting until DOH adopts rules to regulate them; and
- Requires the Agency for Health Care Administration to develop a webpage to inform the public about direct care workers.
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Effective 7/1/20; Signed by Gov. (Ch. 2020-150, L.O.F.)
Beginning January 1, 2021, public employers, contractors, and subcontractors must register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.
Beginning January 1, 2021, a private employer must verify the employment eligibility of a person who has accepted an offer of employment or a contract employee upon the renewal or extension of his or her contract by either using the E-Verify system or requiring the person to provide the same documentation required by the United States Citizenship and Immigration Services on its Employment Eligibility Verification form (Form I-9). If a private employer does not verify the employment eligibility of a current or future employee, the Department of Economic Opportunity (DEO) must require the private employer to provide an affidavit stating:
- The private employer will comply with the employee verification requirements;
- The private employer has terminated the employment of all unauthorized aliens in this state; and
- The employer will not intentionally or knowingly employ an unauthorized alien in this state
If a private employer does not provide the required affidavit within 30 days, the bill requires DEO to order the appropriate agency to suspend all applicable licenses held by the private employer until the private employer provides DEO with the required affidavit. If a private employer violates the verification of employment eligibility requirements three times within a 36-month period, the bill requires permanent revocation of all licenses held by the private employer specific to the business location where the unauthorized alien performed work.
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Effective 7/1/20; Signed by Gov. (Ch. 2020-46, L.O.F.)
Revises provisions relating to rescreening of certain individuals by aging resource centers; requires DOEA to maintain contact information for certain individuals & inform them of community resources; authorizes community-care-for-the-elderly service providers to dispute certain referrals.
The bill provides flexibility to the Department of Elderly Affairs (DOEA) regarding the composition of the Medicaid long-term managed care waitlist.
The bill requires DOEA to place individuals with high priority scores on the waitlist, consistent with current practice, and allows, but does not require, DOEA to add individuals with low priority scores. The bill requires annual rescreening of individuals with high priority scores, in keeping with current practice, but makes annual rescreening optional for individuals with low priority scores. The bill directs screening staff to inform individuals with low priority scores of alternative community resources that may be available and that the individual may request rescreening at any time if their circumstances change.
The bill also modifies service prioritization procedures under the Community Care for the Elderly (CCE) program, which provides community-based services to help elders with functional impairments live in the least restrictive and most cost-effective environment suitable. The program prioritizes individuals referred for services by Adult Protective Services (APS), which investigates elder abuse, neglect, and exploitation. The bill authorizes a CCE services provider to dispute an APS referral by requesting that APS negotiate or modify the referral of a vulnerable adult or victim.
