Bill Text: FL S1434 | 2017 | Regular Session | Introduced
Bill Title: Patient Safety Culture Surveys
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-05-05 - Died in Health Policy [S1434 Detail]
Download: Florida-2017-S1434-Introduced.html
Florida Senate - 2017 SB 1434 By Senator Perry 8-01170-17 20171434__ 1 A bill to be entitled 2 An act relating to patient safety culture surveys; 3 amending s. 408.05, F.S.; requiring the Agency for 4 Health Care Administration to develop surveys to 5 assess patient safety culture in certain health care 6 facilities; amending s. 408.061, F.S.; revising 7 requirements for the submission of health care data to 8 the agency; amending s. 408.810, F.S.; requiring the 9 submission of patient safety culture survey data as a 10 condition of licensure; amending ss. 400.991, 11 408.8065, and 408.820, F.S.; conforming cross 12 references; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraphs (d) through (i) of subsection (3) of 17 section 408.05, Florida Statutes, are redesignated as paragraphs 18 (e) through (j), respectively, present paragraph (j) is 19 redesignated as paragraph (k) and amended, and a new paragraph 20 (d) is added to that subsection, to read: 21 408.05 Florida Center for Health Information and 22 Transparency.— 23 (3) HEALTH INFORMATION TRANSPARENCY.—In order to 24 disseminate and facilitate the availability of comparable and 25 uniform health information, the agency shall perform the 26 following functions: 27 (d) Design a patient safety culture survey or surveys to be 28 completed annually by each hospital and ambulatory surgical 29 center licensed under chapter 395. The survey shall be designed 30 to measure aspects of patient safety culture, including 31 frequency of adverse events, quality of handoffs and 32 transitions, comfort in reporting a potential problem or error, 33 the level of teamwork within hospital units and the facility as 34 a whole, staff compliance with patient safety regulations and 35 guidelines, staff perception of facility support for patient 36 safety, and staff opinions on whether the staff member would 37 undergo a health care service or procedure at the facility. The 38 survey shall be anonymous to encourage staff employed by or 39 working in the facility to complete the survey. The agency shall 40 review and analyze nationally recognized patient safety culture 41 survey products, including, but not limited to, the patient 42 safety surveys developed by the federal Agency for Healthcare 43 Research and Quality and the Safety Attitudes Questionnaire 44 developed by the University of Texas, to develop the patient 45 safety culture survey. This paragraph does not apply to licensed 46 facilities operating exclusively as state facilities. 47 (k)(j)Conduct and make available the results of special 48 health surveys, including facility patient safety culture 49 surveys, health care research, and health care evaluations 50 conducted or supported under this section. Each year the center 51 shall select and analyze one or more research topics that can be 52 investigated using the data available pursuant to paragraph (c). 53 The selected topics must focus on producing actionable 54 information for improving quality of care and reducing costs. 55 The first topic selected by the center must address preventable 56 hospitalizations. 57 Section 2. Paragraph (a) of subsection (1) of section 58 408.061, Florida Statutes, is amended to read: 59 408.061 Data collection; uniform systems of financial 60 reporting; information relating to physician charges; 61 confidential information; immunity.— 62 (1) The agency shall require the submission by health care 63 facilities, health care providers, and health insurers of data 64 necessary to carry out the agency’s duties and to facilitate 65 transparency in health care pricing data and quality measures. 66 Specifications for data to be collected under this section shall 67 be developed by the agency and applicable contract vendors, with 68 the assistance of technical advisory panels including 69 representatives of affected entities, consumers, purchasers, and 70 such other interested parties as may be determined by the 71 agency. 72 (a) Data submitted by health care facilities, including the 73 facilities as defined in chapter 395, shall include, but are not 74 limited to: case-mix data, patient admission and discharge data, 75 hospital emergency department data which shall include the 76 number of patients treated in the emergency department of a 77 licensed hospital reported by patient acuity level, data on 78 hospital-acquired infections as specified by rule, data on 79 complications as specified by rule, data on readmissions as 80 specified by rule, with patient and provider-specific 81 identifiers included, actual charge data by diagnostic groups or 82 other bundled groupings as specified by rule, facility patient 83 safety culture surveys, financial data, accounting data, 84 operating expenses, expenses incurred for rendering services to 85 patients who cannot or do not pay, interest charges, 86 depreciation expenses based on the expected useful life of the 87 property and equipment involved, and demographic data. The 88 agency shall adopt nationally recognized risk adjustment 89 methodologies or software consistent with the standards of the 90 Agency for Healthcare Research and Quality and as selected by 91 the agency for all data submitted as required by this section. 92 Data may be obtained from documents such as, but not limited to: 93 leases, contracts, debt instruments, itemized patient statements 94 or bills, medical record abstracts, and related diagnostic 95 information. Reported data elements shall be reported 96 electronically in accordance with rule 59E-7.012, Florida 97 Administrative Code. Data submitted shall be certified by the 98 chief executive officer or an appropriate and duly authorized 99 representative or employee of the licensed facility that the 100 information submitted is true and accurate. 101 Section 3. Subsections (8), (9), and (10) of section 102 408.810, Florida Statutes, are renumbered as subsections (9), 103 (10), and (11), respectively, and a new subsection (8) is added 104 to that section, to read: 105 408.810 Minimum licensure requirements.—In addition to the 106 licensure requirements specified in this part, authorizing 107 statutes, and applicable rules, each applicant and licensee must 108 comply with the requirements of this section in order to obtain 109 and maintain a license. 110 (8) Each licensee subject to s. 408.05(3)(d) shall submit 111 facility patient safety culture surveys to the agency in 112 accordance with applicable rules. 113 Section 4. Paragraph (c) of subsection (4) of section 114 400.991, Florida Statutes, is amended to read: 115 400.991 License requirements; background screenings; 116 prohibitions.— 117 (4) In addition to the requirements of part II of chapter 118 408, the applicant must file with the application satisfactory 119 proof that the clinic is in compliance with this part and 120 applicable rules, including: 121 (c) Proof of financial ability to operate as required under 122 s. 408.810(9)408.810(8). As an alternative to submitting proof 123 of financial ability to operate as required under s. 408.810(9) 124408.810(8), the applicant may file a surety bond of at least 125 $500,000 which guarantees that the clinic will act in full 126 conformity with all legal requirements for operating a clinic, 127 payable to the agency. The agency may adopt rules to specify 128 related requirements for such surety bond. 129 Section 5. Paragraph (a) of subsection (1) of section 130 408.8065, Florida Statutes, is amended to read: 131 408.8065 Additional licensure requirements for home health 132 agencies, home medical equipment providers, and health care 133 clinics.— 134 (1) An applicant for initial licensure, or initial 135 licensure due to a change of ownership, as a home health agency, 136 home medical equipment provider, or health care clinic shall: 137 (a) Demonstrate financial ability to operate, as required 138 under s. 408.810(9)408.810(8)and this section. If the 139 applicant’s assets, credit, and projected revenues meet or 140 exceed projected liabilities and expenses, and the applicant 141 provides independent evidence that the funds necessary for 142 startup costs, working capital, and contingency financing exist 143 and will be available as needed, the applicant has demonstrated 144 the financial ability to operate. 145 146 All documents required under this subsection must be prepared in 147 accordance with generally accepted accounting principles and may 148 be in a compilation form. The financial statements must be 149 signed by a certified public accountant. 150 Section 6. Section 408.820, Florida Statutes, is amended to 151 read: 152 408.820 Exemptions.—Except as prescribed in authorizing 153 statutes, the following exemptions shall apply to specified 154 requirements of this part: 155 (1) Laboratories authorized to perform testing under the 156 Drug-Free Workplace Act, as provided under ss. 112.0455 and 157 440.102, are exempt from s. 408.810(5)-(11)408.810(5)-(10). 158 (2) Birth centers, as provided under chapter 383, are 159 exempt from s. 408.810(7)-(11)408.810(7)-(10). 160 (3) Abortion clinics, as provided under chapter 390, are 161 exempt from s. 408.810(7)-(11)408.810(7)-(10). 162 (4) Crisis stabilization units, as provided under parts I 163 and IV of chapter 394, are exempt from s. 408.810(9)-(11) 164408.810(8)-(10). 165 (5) Short-term residential treatment facilities, as 166 provided under parts I and IV of chapter 394, are exempt from s. 167 408.810(9)-(11)408.810(8)-(10). 168 (6) Residential treatment facilities, as provided under 169 part IV of chapter 394, are exempt from s. 408.810(9)-(11) 170408.810(8)-(10). 171 (7) Residential treatment centers for children and 172 adolescents, as provided under part IV of chapter 394, are 173 exempt from s. 408.810(9)-(11)408.810(8)-(10). 174 (8) Hospitals, as provided under part I of chapter 395, are 175 exempt from s. 408.810(7), (9), and (10)408.810(7)-(9). 176 (9) Ambulatory surgical centers, as provided under part I 177 of chapter 395, are exempt from s. 408.810(7), (9), (10), and 178 (11)408.810(7)-(10). 179 (10) Mobile surgical facilities, as provided under part I 180 of chapter 395, are exempt from s. 408.810(7)-(11)408.810(7)181(10). 182 (11) Health care risk managers, as provided under part I of 183 chapter 395, are exempt from ss. 408.806(7), 408.810(4)-(11) 184408.810(4)-(10), and 408.811. 185 (12) Nursing homes, as provided under part II of chapter 186 400, are exempt from ss. 408.810(7) and 408.813(2). 187 (13) Assisted living facilities, as provided under part I 188 of chapter 429, are exempt from s. 408.810(11)408.810(10). 189 (14) Home health agencies, as provided under part III of 190 chapter 400, are exempt from s. 408.810(11)408.810(10). 191 (15) Nurse registries, as provided under part III of 192 chapter 400, are exempt from s. 408.810(6) and (11)(10). 193 (16) Companion services or homemaker services providers, as 194 provided under part III of chapter 400, are exempt from s. 195 408.810(6)-(11)408.810(6)-(10). 196 (17) Adult day care centers, as provided under part III of 197 chapter 429, are exempt from s. 408.810(11)408.810(10). 198 (18) Adult family-care homes, as provided under part II of 199 chapter 429, are exempt from s. 408.810(7)-(11)408.810(7)-(10). 200 (19) Homes for special services, as provided under part V 201 of chapter 400, are exempt from s. 408.810(7)-(11)408.810(7)202(10). 203 (20) Transitional living facilities, as provided under part 204 XI of chapter 400, are exempt from s. 408.810(11)408.810(10). 205 (21) Prescribed pediatric extended care centers, as 206 provided under part VI of chapter 400, are exempt from s. 207 408.810(11)408.810(10). 208 (22) Home medical equipment providers, as provided under 209 part VII of chapter 400, are exempt from s. 408.810(11) 210408.810(10). 211 (23) Intermediate care facilities for persons with 212 developmental disabilities, as provided under part VIII of 213 chapter 400, are exempt from s. 408.810(7). 214 (24) Health care services pools, as provided under part IX 215 of chapter 400, are exempt from s. 408.810(6)-(11)408.810(6)216(10). 217 (25) Health care clinics, as provided under part X of 218 chapter 400, are exempt from s. 408.810(6), (7), and (11)(10). 219 (26) Clinical laboratories, as provided under part I of 220 chapter 483, are exempt from s. 408.810(5)-(11)408.810(5)-(10). 221 (27) Multiphasic health testing centers, as provided under 222 part II of chapter 483, are exempt from s. 408.810(5)-(11) 223408.810(5)-(10). 224 (28) Organ, tissue, and eye procurement organizations, as 225 provided under part V of chapter 765, are exempt from s. 226 408.810(5)-(11)408.810(5)-(10). 227 Section 7. This act shall take effect July 1, 2017.