THE BILL ITSELF
CS/HB 1057
Assisted Living Facilities
1
A bill to be entitled
2
An act relating to assisted living facilities;
3
amending s. 429.41, F.S.; prohibiting the Agency for
4
Health Care Administration from requiring an assisted
5
living facility without limited nursing services
6
residents to meet staffing requirements for limited
7
nursing services; amending s. 429.23, F.S.; extending
8
the period of time for a facility to file a
9
preliminary adverse incident report; amending s.
10
429.256, F.S.; authorizing additional tasks relating
11
to assistance with the self-administration of
12
medication; amending s. 429.55, F.S.; revising
13
specified information that each assisted living
14
facility must provide to the agency; providing an
15
effective date.
17
Be It Enacted by the Legislature of the State of Florida:
19
Section 1. Paragraph (h) of subsection (1) of section
20
429.41, Florida Statutes, is amended to read:
21
429.41 Rules establishing standards.—
22
(1) It is the intent of the Legislature that rules
23
published and enforced pursuant to this section shall include
24
criteria by which a reasonable and consistent quality of
25
resident care and quality of life may be ensured and the results
26
of such resident care may be demonstrated. Such rules shall also
27
promote a safe and sanitary environment that is residential and
28
noninstitutional in design or nature and may allow for
29
technological advances in the provision of care, safety, and
30
security, including the use of devices, equipment, and other
31
security measures related to wander management, emergency
32
response, staff risk management, and the general safety and
33
security of residents, staff, and the facility. It is further
34
intended that reasonable efforts be made to accommodate the
35
needs and preferences of residents to enhance the quality of
36
life in a facility. The agency, in consultation with the
37
Department of Children and Families and the Department of
38
Health, shall adopt rules to administer this part, which must
39
include reasonable and fair minimum standards in relation to:
40
(h) Facilities holding a limited nursing, extended
41
congregate care, or limited mental health license. Rules adopted
42
to implement this paragraph related to staffing of a limited
43
nursing services licensee may not set a minimum staffing
44
requirement for the provision of limited nursing services to
45
limited nursing residents if the facility does not have persons
46
in residence who meet the admission criteria established by the
47
agency for assisted living facilities under s. 429.07(3)(c)3.
48
and agency rule.
49
Section 2. Subsection (3) of section 429.23, Florida
50
Statutes, is amended, to read:
51
429.23 Internal risk management and quality assurance
52
program; adverse incidents and reporting requirements.—
53
(3) Licensed facilities shall provide within 5 1 business
54
days day after the occurrence of an adverse incident, through
55
the agency's online portal, or if the portal is offline, by
56
electronic mail, a preliminary report to the agency on all
57
adverse incidents specified under this section. The report must
58
include information regarding the identity of the affected
59
resident, the type of adverse incident, and the status of the
60
facility's investigation of the incident.
61
Section 3. Paragraphs (h) and (i) are added to subsection
62
(3) of section 429.256, Florida Statutes, to read:
63
429.256 Assistance with self-administration of medication
64
and with other tasks.—
65
(3) Assistance with self-administration of medication
66
includes:
67
(h) Dialing an insulin pen prefilled by the manufacturer.
68
(i) Attaching a new needle to an insulin pen prefilled by
69
the manufacturer.
70
Section 4. Paragraphs (a) of subsection (1) of section
71
429.55, Florida Statutes, is amended to read:
72
429.55 Consumer information.—
73
(1) CONSUMER INFORMATION WEBSITE.—The Legislature finds
74
that consumers need additional information on the quality of
75
care and service in assisted living facilities in order to
76
select the best facility for themselves or their loved ones.
77
Therefore, the Agency for Health Care Administration shall
78
create content that is easily accessible through the home page
79
of the agency's website either directly or indirectly through
80
links to one or more other established websites of the agency's
81
choosing. The website must be searchable by facility name,
82
license type, city, or zip code. By November 1, 2015, the agency
83
shall include all content in its possession on the website and
84
add content when received from facilities. At a minimum, the
85
content must include:
86
(a) Information on each licensed assisted living facility,
87
including, but not limited to:
88
1. The name and address of the facility.
89
2. The name of the owner or operator of the facility.
90
3. The number and type of licensed beds in the facility.
91
4. The types of licenses held by the facility.
92
5. The facility's license expiration date and status.
93
6. The total number of clients that the facility is
94
licensed to serve and the most recently available occupancy
95
levels.
96
7. The number of private and semiprivate rooms offered.
97
8. The bed-hold policy.
98
9. The religious affiliation, if any, of the assisted
99
living facility.
100
10. The languages spoken by the staff.
101
11. Availability of nurses.
102
12. Forms of payment accepted, including, but not limited
103
to, Medicaid, Medicaid long-term managed care, private
104
insurance, health maintenance organization, United States
105
Department of Veterans Affairs, CHAMPUS program, or workers'
106
compensation coverage.
107
13. Indication if the licensee is operating under
108
bankruptcy protection.
109
14. Recreational and other programs available.
110
15. Special care units or programs offered.
111
16. Whether the facility is a part of a retirement
112
community that offers other services pursuant to this part or
113
part III of this chapter, part II or part III of chapter 400, or
114
chapter 651.
115
17. Links to the State Long-Term Care Ombudsman Program
116
website and the program's statewide toll-free telephone number.
117
18. Links to the websites of the providers.
118
19. Other relevant information that the agency currently
119
collects.
121
The agency may adopt rules to administer this section.
122
Section 5. This act shall take effect July 1, 2026.