Florida 2022 Regular Session

Florida House Bill H1329 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 1329 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1329-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to end -stage renal disease facility 2
16	16	emergency planning; amending s. 252.355, F.S.; 3
17	17	requiring end-stage renal disease facilities to 4
18	18	annually provide information regarding special needs 5
19	19	shelter registration procedures to certain persons; 6
20	20	requiring such facilities to assist emergency 7
21	21	management agencies by performing specified duties; 8
22	22	creating s. 252.3571, F.S.; requiring local emergency 9
23	23	management agencies to identify and include in their 10
24	24	county emergency management plans the health care 11
25	25	facilities for which electric and water utilities must 12
26	26	prioritize the emergency restoration of services; 13
27	27	creating s. 381.0305, F.S.; providing definitions; 14
28	28	requiring end-stage renal disease facilities to adopt 15
29	29	written emergency preparedness and contingency 16
30	30	operations plans; providing requirements for such 17
31	31	plans; requiring that the facilities provide their 18
32	32	plans to certain entities upon request; requiring each 19
33	33	end-stage renal disease facility to develop and 20
34	34	approve a continuity of care plan for dialysis 21
35	35	treatment during emergencies or disasters; requiring 22
36	36	that such facility provide the plan to patients within 23
37	37	a specified period; providing requirements for such 24
38	38	plan; providing an exception; requiring certain annual 25
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40	40	HB 1329 2022
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43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1329-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
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51	51	training of end-stage renal disease facility staff ; 26
52	52	requiring specified coordination between end -stage 27
53	53	renal disease facilities and certain entities; 28
54	54	requiring that such facilities adopt emergency 29
55	55	contingency plans for the continuity of essential 30
56	56	building systems during emergencies or disasters; 31
57	57	requiring the Agency for Health Care Administration, 32
58	58	in consultation with the Division of Emergency 33
59	59	Management, to adopt rules; providing an effective 34
60	60	date. 35
61	61	36
62	62	Be It Enacted by the Legislature of the State of Florida: 37
63	63	38
64	64	Section 1. Paragraph (b) of subsection ( 2) of section 39
65	65	252.355, Florida Statutes, is amended to read: 40
66	66	252.355 Registry of persons with special needs; notice; 41
67	67	registration program. — 42
68	68	(2) In order to ensure that all persons with special needs 43
69	69	may register, the division shall develop and maintain a special 44
70	70	needs shelter registration program. During a public health 45
71	71	emergency in which physical distancing is necessary, as 46
72	72	determined by the State Health Officer, the division must 47
73	73	maintain information on special needs shelter options that 48
74	74	mitigate the threat of the spread of infectious diseases. 49
75	75	(b) To assist in identifying persons with special needs, 50
76	76
77	77	HB 1329 2022
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79	79
80	80
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82	82	hb1329-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
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88	88	home health agencies, hospices, end-stage renal disease 51
89	89	facilities, nurse registries, home medical equipment providers, 52
90	90	the Department of Children and F amilies, the Department of 53
91	91	Health, the Agency for Health Care Administration, the 54
92	92	Department of Education, the Agency for Persons with 55
93	93	Disabilities, the Department of Elderly Affairs, and memory 56
94	94	disorder clinics shall, and any physician licensed under chap ter 57
95	95	458 or chapter 459 and any pharmacy licensed under chapter 465 58
96	96	may, annually provide registration information to all of their 59
97	97	special needs clients or their caregivers. The division shall 60
98	98	develop a brochure that provides information regarding special 61
99	99	needs shelter registration procedures. The brochure must be 62
100	100	easily accessible on the division's website. All appropriate 63
101	101	agencies and community -based service providers, including aging 64
102	102	and disability resource centers, memory disorder clinics, home 65
103	103	health care providers, hospices, end-stage renal disease 66
104	104	facilities, nurse registries, and home medical equipment 67
105	105	providers, shall, and any physician licensed under chapter 458 68
106	106	or chapter 459 may, assist emergency management agencies by 69
107	107	annually registering persons with special needs for special 70
108	108	needs shelters, collecting registration information for persons 71
109	109	with special needs as part of the program intake process, and 72
110	110	establishing programs to educate clients about the registration 73
111	111	process and disaster preparedness safety procedures. A client of 74
112	112	a state-funded or federally funded service program who has a 75
113	113
114	114	HB 1329 2022
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118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb1329-00
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123	123
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125	125	physical, mental, or cognitive impairment or sensory disability 76
126	126	and who needs assistance in evacuating, or when in a shelter, 77
127	127	must register as a person with special needs. The registration 78
128	128	program shall give persons with special needs the option of 79
129	129	preauthorizing emergency response personnel to enter their homes 80
130	130	during search and rescue operations if necessary to ensure their 81
131	131	safety and welfare following disasters. 82
132	132	Section 2. Section 252.3571, Florida Statutes, is created 83
133	133	to read: 84
134	134	252.3571 Emergency restoration of services for health care 85
135	135	facilities by electric and water utilities. —Each local emergency 86
136	136	management agency shall identify and include in its county 87
137	137	emergency management plan the health care facilities, including, 88
138	138	but not limited to, end -stage renal disease facilities as 89
139	139	defined in s. 381.0305(1), located within its jurisdiction for 90
140	140	which electric and water utilities must prioritize the emergency 91
141	141	restoration of services during a declared state of emergency or 92
142	142	disaster. 93
143	143	Section 3. Section 381.0305, Florida Statutes, is created 94
144	144	to read: 95
145	145	381.0305 Emergency preparedness and contingency operations 96
146	146	planning for end-stage renal disease facilities. — 97
147	147	(1) DEFINITIONS.—As used in this section, the term: 98
148	148	(a) "Agency" means the Agency for Health Care 99
149	149	Administration. 100
150	150
151	151	HB 1329 2022
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154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb1329-00
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	(b) "Disaster" has the same meaning as in s. 252.34. 101
163	163	(c) "Emergency" means an incident likely to threaten the 102
164	164	health, welfare, or safety of end-stage renal disease facility 103
165	165	patients or staff or the public, including a fire, equipment 104
166	166	failure, power outage, flood, interruption in utility service, 105
167	167	medical emergency, or natural or other disaster. 106
168	168	(d) "End-stage renal disease facility" or "facility" means 107
169	169	a facility certified by the Centers for Medicare and Medicaid 108
170	170	Services which provides dialysis services under the supervision 109
171	171	of a licensed physician. 110
172	172	(e) "Local emergency management agency" has the same 111
173	173	meaning as in s. 252.34. 112
174	174	(2) EMERGENCY PREPAREDNESS AND CONTINGENCY OPERATIONS 113
175	175	PLAN.— 114
176	176	(a) In addition to the federal requirements in 42 C.F.R. 115
177	177	s. 494.62, each end-stage renal disease facility in the state 116
178	178	shall adopt a written emergency preparedness and contingency 117
179	179	operations plan to address providing care to patients during an 118
180	180	emergency or disaster. The plan must meet all of the following 119
181	181	requirements: 120
182	182	1. Be updated annually and approved by the facility's 121
183	183	management each time the plan is updated. 122
184	184	2. Include procedures for notifyin g each of the following 123
185	185	entities as soon as practicable regarding the closure or 124
186	186	reduction in hours of operation of the facility due to an 125
187	187
188	188	HB 1329 2022
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1329-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
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199	199	emergency or disaster: 126
200	200	a. Each hospital with which the facility has a transfer 127
201	201	agreement. 128
202	202	b. The local or regiona l trauma agency that serves the 129
203	203	geographic area in which the facility is located. 130
204	204	c. Each applicable local emergency management agency. 131
205	205	3. Except as provided in subsection (4), require the 132
206	206	facility to execute a contract with another end -stage renal 133
207	207	disease facility located within a 50 -mile radius of the facility 134
208	208	stipulating that the other end -stage renal disease facility will 135
209	209	provide dialysis treatment to facility patients who are unable 136
210	210	to receive scheduled dialysis treatment due to the facility's 137
211	211	closure or reduction in hours. 138
212	212	4. Consist of a documented patient communications plan 139
213	213	that includes procedures for notifying a patient when that 140
214	214	patient's scheduled dialysis treatment is interrupted. 141
215	215	(b) Upon request, an end -stage renal disease facility mu st 142
216	216	provide its emergency preparedness and contingency operations 143
217	217	plan to each of the following entities: 144
218	218	1. Each hospital with which the facility has a transfer 145
219	219	agreement. 146
220	220	2. The local or regional trauma agency that serves the 147
221	221	geographic area in which the facility is located. 148
222	222	3. Each applicable local emergency management agency. 149
223	223	(3) CONTINUITY OF CARE PLAN. —As part of the emergency 150
224	224
225	225	HB 1329 2022
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229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb1329-00
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	preparedness and contingency operations plan adopted pursuant to 151
237	237	paragraph (2)(a), each end -stage renal disease facilit y shall 152
238	238	develop, and the facility's management must approve, a 153
239	239	continuity of care plan for providing dialysis treatment to 154
240	240	facility patients during an emergency or disaster. The facility 155
241	241	must provide a copy of the plan to each patient within 30 days 156
242	242	before admission to the facility. The plan must include all of 157
243	243	the following: 158
244	244	(a) Procedures for distributing written materials to 159
245	245	facility patients that specifically describe the facility's 160
246	246	emergency preparedness and contingency operations plan. 161
247	247	(b) Based on the facility's patient population, detailed 162
248	248	procedures regarding the facility's contingency plans, including 163
249	249	transportation options, for patients to access dialysis 164
250	250	treatment at each end -stage renal disease facility with which 165
251	251	the facility has an agreeme nt or has made advance preparations 166
252	252	to ensure that the facility's patients have the option to 167
253	253	receive dialysis treatment. 168
254	254	(4) EXCEPTION.—An end-stage renal disease facility is not 169
255	255	required to contract with another end -stage renal disease 170
256	256	facility pursuant to subparagraph (2)(a)3. if all of the 171
257	257	following apply: 172
258	258	(a) An end-stage renal disease facility is not located 173
259	259	within a 50-mile radius of the facility. 174
260	260	(b) The facility obtains written approval from the agency 175
261	261
262	262	HB 1329 2022
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266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb1329-00
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	exempting the facility from such require ment. 176
274	274	(5) TRAINING.—Each end-stage renal disease facility shall 177
275	275	provide annual training to facility staff on the facility's 178
276	276	emergency preparedness and contingency operations plan adopted 179
277	277	pursuant to this section. 180
278	278	(6) COORDINATION WITH OTHER ENTITIES. —Each end-stage renal 181
279	279	disease facility shall annually contact a representative from 182
280	280	local and state emergency management agencies, a local emergency 183
281	281	operations center, and a local or regional trauma agency to: 184
282	282	(a) Request feedback on whether the emergency preparedness 185
283	283	and contingency operations plan adopted by the facility pursuant 186
284	284	to paragraph (2)(a) should be modified. 187
285	285	(b) Ensure that local agencies, regional agencies, state 188
286	286	agencies, and hospitals are aware of the facility, the 189
287	287	facility's policy on pro viding life-saving treatment, the 190
288	288	facility's patient population and potential transportation 191
289	289	needs, and the anticipated number of patients affected. 192
290	290	(7) CONTINUITY OF ESSENTIAL BUILDING SYSTEMS. —Each end-193
291	291	stage renal disease facility shall adopt an emerge ncy 194
292	292	contingency plan for the continuity of essential building 195
293	293	systems during an emergency or disaster. As part of the plan, an 196
294	294	end-stage renal disease facility must enter into a contract with 197
295	295	another end-stage renal disease facility that is located within 198
296	296	a 50-mile radius of the facility which stipulates that the other 199
297	297	end-stage renal disease facility will provide emergency 200
298	298
299	299	HB 1329 2022
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	contingency care to the facility's patients. 201
311	311	(8) RULEMAKING.—The agency, in consultation with the 202
312	312	Division of Emergency Management, s hall adopt rules to implement 203
313	313	this section. At a minimum, the rules must require that the 204
314	314	medical director of each emergency medical services provider 205
315	315	licensed under chapter 401 approve protocols that give 206
316	316	preference to the emergency transfer of a dialysis patient from 207
317	317	the patient's location directly to an outpatient end -stage renal 208
318	318	disease facility during a state of emergency declared by the 209
319	319	Governor pursuant to chapter 252 or a disaster declared by the 210
320	320	President of the United States pursuant to the Robert T. 211
321	321	Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 212
322	322	ss. 5121 et seq. 213
323	323	Section 4. This act shall take effect July 1, 2022. 214