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