Senate Bill 1344 (2020) — Intermediate care facilities
SB 1344
Florida Bills
Florida Senate - 2020 SB By Senator Harrell 25-01156A-20 20201344__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to intermediate care facilities; 2 amending s. 400.962, F.S.; requiring certain facilities that have been granted a certificate-of-4 need exemption to demonstrate and maintain compliance with specified criteria; amending s. 408.036, F.S.; 6 providing an exemption from a certificate-of-need requirement for certain intermediate care facilities; 8 prohibiting the Agency for Health Care Administration from granting an additional exemption to a facility unless a certain condition is met; providing that a specific legislative appropriation is not required for such exemption; providing an effective date. 13
Be It Enacted by the Legislature of the State of Florida: 15
Section 1. Subsection (6) is added to
section 400.962, 17 Florida Statutes, to read: 18 400.962 License required; license application.— 19
(6) An applicant that has been granted a certificate-of-20 need exemption under s. 408.036(3)(
o) must also demonstrate and maintain compliance with the following criteria: 22
(
a) The total number of beds per home within the facility may not exceed eight, with each resident having his or her own bedroom and bathroom. Each eight-bed home must be colocated on the same property with two other eight-bed homes and must serve individuals with severe maladaptive behaviors and co-occurring psychiatric diagnoses. 28
(
b) A minimum of beds within the facility must be Florida Senate - 2020 SB 1344 25-01156A-20 20201344__ CODING: Words stricken are deletions; words underlined are additions. designated for individuals with severe maladaptive behaviors who have been assessed using the Agency for Persons with Disabilities’ Global Behavioral Service Need Matrix with a score of at least Level and up to Level 6, or assessed using the criteria deemed appropriate by the Agency for Health Care Administration regarding the need for a specialized placement in an intermediate care facility for the developmentally disabled. 36
(
c) The applicant has not had a facility license denied, 37 revoked, or suspended within the months preceding the request for exemption. 39
(
d) The applicant must have at least years of experience serving individuals with severe maladaptive behaviors in the state. 42
(
e) The applicant must implement a state-approved staff training curriculum and monitoring requirements specific to the individuals whose behaviors require higher intensity, frequency, 45 and duration of services. 46
(
f) The applicant must make available medical and nursing services hours per day, 7 days per week. 48
(
g) The applicant must demonstrate a history of using interventions that are least restrictive and that follow a behavioral hierarchy. 51
(
h) The applicant must maintain a policy prohibiting the use of mechanical restraints. 53
Section 2. Paragraph
(
o) is added to subsection (3) of
section 408.036, Florida Statutes, to read: 55 408.036 Projects subject to review; exemptions.— 56
(3) EXEMPTIONS.—Upon request, the following projects are subject to exemption from subsection (1): 58 Florida Senate - 2020 SB 1344 25-01156A-20 20201344__ CODING: Words stricken are deletions; words underlined are additions.
(
o) For a new intermediate care facility for the developmentally disabled as defined in s. 408.032 which has a total of beds, comprising three eight-bed homes, for use by individuals exhibiting severe maladaptive behaviors and co-62 occurring psychiatric diagnoses requiring increased levels of behavioral, medical, and therapeutic oversight. The facility must not have had a license denied, revoked, or suspended within the months preceding the request for exemption and must have at least years of experience serving individuals with severe maladaptive behaviors in this state.
The agency may not grant an additional exemption to a facility that has been granted an exemption under this paragraph unless the facility has been licensed and operational for a period of at least years. The exemption under this paragraph does not require a specific legislative appropriation. 73