Bill Text: FL S0776 | 2019 | Regular Session | Comm Sub

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Bill Title: Sexual Misconduct Reporting in Health Care

Spectrum:

Status: (Failed) 2019-05-03 - Died in Appropriations Subcommittee on Health and Human Services [S0776 Detail]

Download: Florida-2019-S0776-Comm_Sub.html

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       Florida Senate - 2019                              CS for SB 776
       
       
        
       By the Committee on Criminal Justice; and Senators Baxley and
       Bracy
       
       
       
       
       591-02888-19                                           2019776c1
    1                        A bill to be entitled                      
    2         An act relating to sexual misconduct reporting in
    3         health care; amending s. 408.810, F.S.; requiring
    4         specified health care facilities, as a condition of
    5         maintaining licensure, to enact policies requiring
    6         employees, contractors, volunteers, and interns of
    7         such licensees to report actual or suspected sexual
    8         misconduct involving a patient to the licensee, the
    9         statewide toll-free complaint telephone number of the
   10         Agency for Health Care Administration, and the
   11         appropriate local law enforcement agency; requiring
   12         such persons to prepare an incident report that
   13         includes specified information; providing that a
   14         violation of the reporting requirements is a class II
   15         violation, subject to an administrative fine;
   16         providing criminal penalties; providing an effective
   17         date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (5) of section 408.810, Florida
   22  Statutes, is amended to read:
   23         408.810 Minimum licensure requirements.—In addition to the
   24  licensure requirements specified in this part, authorizing
   25  statutes, and applicable rules, each applicant and licensee must
   26  comply with the requirements of this section in order to obtain
   27  and maintain a license.
   28         (5)(a) On or before the first day services are provided to
   29  a client, a licensee must inform the client and his or her
   30  immediate family or representative, if appropriate, of the right
   31  to report:
   32         1. Complaints. The statewide toll-free telephone number for
   33  reporting complaints to the agency must be provided to clients
   34  in a manner that is clearly legible and must include the words:
   35  “To report a complaint regarding the services you receive,
   36  please call toll-free (phone number).”
   37         2. Abusive, neglectful, or exploitative practices. The
   38  statewide toll-free telephone number for reporting complaints to
   39  the agency the central abuse hotline must be provided to clients
   40  in a manner that is clearly legible and must include the words:
   41  “To report abuse, neglect, or exploitation, please call toll
   42  free (phone number).”
   43         3. Medicaid fraud. An agency-written description of
   44  Medicaid fraud and the statewide toll-free telephone number for
   45  the central Medicaid fraud hotline must be provided to clients
   46  in a manner that is clearly legible and must include the words:
   47  “To report suspected Medicaid fraud, please call toll-free
   48  (phone number).”
   49  
   50  The agency shall publish a minimum of a 90-day advance notice of
   51  a change in the toll-free telephone numbers.
   52         (b) Each licensee shall establish appropriate policies and
   53  procedures for providing such notice to clients.
   54         (c) Each licensee shall enact a policy that requires any
   55  employee, contractor, volunteer, or intern of the licensee who
   56  witnesses sexual misconduct, as defined in s. 394.4593(1),
   57  involving a patient in the care of the licensee, or who
   58  otherwise knows or has reasonable cause to suspect that a person
   59  has engaged in sexual misconduct involving a patient in the care
   60  of the licensee, to immediately report the sexual misconduct to
   61  the licensee, the statewide toll-free complaint telephone number
   62  of the department, and the appropriate local law enforcement
   63  agency. The policy shall require the employee, contractor,
   64  volunteer, or intern to prepare, to the best of his or her
   65  ability, an independent report that specifically describes the
   66  nature of the sexual misconduct, the location and time of the
   67  incident, and the persons involved in the incident. The
   68  employee, contractor, volunteer, or intern who prepares such
   69  report shall date and sign the report and provide it to the
   70  licensee.
   71         1. Failure of the licensee to enact or enforce the policy
   72  required under this paragraph is a class II violation as
   73  established in s. 408.813.
   74         2. Any person who is required to make a report under this
   75  paragraph and who knowingly or willfully fails to do so, or who
   76  knowingly or willfully prevents another person from doing so,
   77  commits a misdemeanor of the first degree, punishable as
   78  provided in s. 775.082 or s. 775.083.
   79         3. Any person who knowingly or willfully submits
   80  inaccurate, incomplete, or untruthful information with respect
   81  to a report required under this paragraph commits a misdemeanor
   82  of the first degree, punishable as provided in s. 775.082 or s.
   83  775.083.
   84         4. Any person who knowingly or willfully coerces or
   85  threatens any other person with the intent to alter a testimony
   86  or a written report regarding an incident of sexual misconduct
   87  commits a felony of the third degree, punishable as provided in
   88  s. 775.082, s. 775.083, or s. 775.084.
   89         Section 2. This act shall take effect October 1, 2019.