Bill Text: FL S1482 | 2013 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Skilled Nursing Facilities

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2013-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1159 (Ch. 2013-153) [S1482 Detail]

Download: Florida-2013-S1482-Comm_Sub.html

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       Florida Senate - 2013                             CS for SB 1482
       
       
       
       By the Committee on Health Policy; and Senator Hays
       
       
       
       
       588-03421-13                                          20131482c1
    1                        A bill to be entitled                      
    2         An act relating to skilled nursing facilities;
    3         creating s. 408.0362, F.S.; providing an exemption
    4         from certificate-of-need requirements for construction
    5         of a licensed skilled nursing facility in a retirement
    6         community; providing an effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 408.0362, Florida Statutes, is created
   11  to read:
   12         408.0362 Skilled nursing facility in retirement community;
   13  exempt from review.—
   14         (1) Upon request by a deed-restricted retirement community,
   15  the construction of a skilled nursing facility licensed under
   16  part II of chapter 400 for the addition of community skilled
   17  nursing home beds located within the retirement community is
   18  exempt from s. 408.036 if:
   19         (a) The retirement community is located in a county that
   20  has 25 percent or more of its population consisting of persons
   21  aged 65 and older;
   22         (b) The retirement community is located in a county that
   23  has a rate of no more than 16.1 beds per thousand persons aged
   24  65 years or older. The rate shall be determined by using the
   25  current number of licensed and approved community skilled
   26  nursing home beds in the agency’s most recent published
   27  inventory;
   28         (c) The retirement community is zoned for a mix of
   29  residential and nonresidential uses;
   30         (d) The residential use area of the retirement community is
   31  deed-restricted as housing for older persons as defined in s.
   32  760.29; and
   33         (e) The retirement community has a population of at least
   34  8,000 residents, based on a population data source accepted by
   35  the agency.
   36         (2) The number of community skilled nursing home beds
   37  allowed in a retirement community under the exemption shall be
   38  calculated at a rate of 16.1 beds per thousand persons aged 65
   39  years and older in the county in which the retirement community
   40  is located. To determine whether or not the county in which the
   41  retirement community is located is at or above the rate of 16.1
   42  beds per 1,000 elderly, the agency must use a prospective county
   43  population estimate 3 years in the future to demonstrate:
   44         (a) That the number of persons aged 65 years and older will
   45  comprise at least 25 percent of the county’s population at the
   46  end of the 3 years. From this result, the current number of
   47  licensed community skilled nursing home beds in the agency’s
   48  published inventory shall be subtracted to determine the net
   49  number of additional community skilled nursing home beds that
   50  the agency shall grant for development under the exemption; and
   51         (b) That the rate of community skilled nursing home beds in
   52  the county will either remain at 16.1 beds per thousand persons
   53  aged 65 years or older or will be less after 3 years, prior to
   54  approval of additional community skilled nursing home beds under
   55  the exemption.
   56         (3) A retirement community that qualifies for the exemption
   57  provided in this section shall provide a written request for an
   58  exemption in accordance with the applicable rules. In the
   59  request, the retirement community shall provide evidence of
   60  population, mixed-use status, and the results of the calculation
   61  showing the gross and net numbers of community skilled nursing
   62  home beds in the county.
   63         (4) The number of community skilled nursing home beds that
   64  are added pursuant to the exemption shall at no time exceed 240
   65  in any qualifying retirement community.
   66         (5) Any skilled nursing home facility built pursuant to the
   67  exemption shall be certified under both the Medicare and
   68  Medicaid programs. All beds in the skilled nursing home facility
   69  shall be certified under both the Medicare and Medicaid
   70  programs.
   71         Section 2. This act shall take effect upon becoming a law.