Florida 2025 2025 Regular Session

Florida House Bill H0493 Introduced / Bill

Filed 02/10/2025

                       
 
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A bill to be entitled 1 
An act relating to the Agency for Health Care 2 
Administration; amending s. 408.05, F.S.; removing the 3 
State Consumer Health Information and Policy Advisory 4 
Council; amending s. 429.177, F.S.; defining the term 5 
"memory care services"; requiring memory care 6 
providers to follow specified standards of operation 7 
in providing memory care services; providing 8 
requirements for resident contracts; providing 9 
requirements for memory care facilities; prohibiting 10 
certain facilities from advertising, representing, or 11 
holding themselves out as memory care providers unless 12 
such facilities meet specified criteria; repealing s. 13 
429.178, F.S., relating to special care for persons 14 
with Alzheimer's disease, dementia, or other memory 15 
disorders; amending s. 627.4236, F.S.; removing 16 
rulemaking authority; providing effective dates. 17 
 18 
Be It Enacted by the Legislature of the State of Florida: 19 
 20 
 Section 1.  Subsection (7) of section 4 08.05, Florida 21 
Statutes, is renumbered as subsection (6), and paragraph (g) of 22 
subsection (3) and present subsection (6) are amended, to read: 23 
 408.05  Florida Center for Health Information and 24 
Transparency.— 25     
 
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 (3)  HEALTH INFORMATION TRANSPARENCY. —In order to 26 
disseminate and facilitate the availability of comparable and 27 
uniform health information, the agency shall perform the 28 
following functions: 29 
 (g)  Consult with contracted vendors , the State Consumer 30 
Health Information and Policy Advisory Council, and other public 31 
and private users regarding the types of data that should be 32 
collected and the use of such data. 33 
 (6)  STATE CONSUMER HEALTH INFORMATION AND POLICY ADVISORY 34 
COUNCIL.— 35 
 (a)  There is established in the agency the State Consumer 36 
Health Information and Policy Advisory Council to assist the 37 
center. The council consists of the following members: 38 
 1.  An employee of the Executive Office of the Governor, to 39 
be appointed by the Governor. 40 
 2.  An employee of the Office of Insurance Regulation, to 41 
be appointed by the director of the office. 42 
 3.  An employee of the Department of Education, to be 43 
appointed by the Commissioner of Education. 44 
 4.  Ten persons, to be appointed by the Secretary of Health 45 
Care Administration, representing other state and local 46 
agencies, state universities, business and health coalitions, 47 
local health councils, professional health -care-related 48 
associations, consumers, and purchasers. 49 
 (b)  Each member of the council shall be appointed to serve 50     
 
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for a term of 2 years following the date of appointment. A 51 
vacancy shall be filled by appointment for the remainder of the 52 
term, and each appointing authority retains the right to 53 
reappoint members whose terms of appointment have expired. 54 
 (c)  The council may meet at the call of its chair, at t he 55 
request of the agency, or at the request of a majority of its 56 
membership, but the council must meet at least quarterly. 57 
 (d)  Members shall elect a chair and vice chair annually. 58 
 (e)  A majority of the members constitutes a quorum, and 59 
the affirmative vote of a majority of a quorum is necessary to 60 
take action. 61 
 (f)  The council shall maintain minutes of each meeting and 62 
shall make such minutes available to any person. 63 
 (g)  Members of the council shall serve without 64 
compensation but shall be entitled to receive reimbursement for 65 
per diem and travel expenses as provided in s. 112.061. 66 
 (h)  The council's duties and responsibilities include, but 67 
are not limited to, the following: 68 
 1.  To develop a mission statement, goals, and a plan of 69 
action for the identification, collection, standardization, 70 
sharing, and coordination of health -related data across federal, 71 
state, and local government and private sector entities. 72 
 2.  To develop a review process to ensure cooperative 73 
planning among agencies that collect o r maintain health-related 74 
data. 75     
 
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 3.  To create ad hoc issue -oriented technical workgroups on 76 
an as-needed basis to make recommendations to the council. 77 
 Section 2.  Effective January 1, 2026, section 429.177, 78 
Florida Statutes, is amended to read: 79 
 429.177  Patients with Alzheimer's disease , dementia, or 80 
other memory related disorders; certain disclosures ; minimum 81 
standards.— 82 
 (1)  "Memory care services" means specialized or focused 83 
care and services designed to address health or behavioral 84 
issues resulting from Alzheimer's disease, dementia, or other 85 
memory disorders. 86 
 (2)(a)  A facility that advertises itself as a memory care 87 
provider or otherwise claims that the facility provides memory 88 
care services, including, but not limited to, services for 89 
residents with Alzheimer's disease, dementia, or other memory 90 
disorders, must meet all of the following standards of operation 91 
for such services: 92 
 1.  Develop and implement policies and procedures 93 
addressing all of the following: 94 
 a.  Admittance criteria. 95 
 b.  Care and services necessary to address the needs of 96 
persons admitted for memory care services. 97 
 2.  Activities specifically designed and offered for 98 
persons admitted for memory care services. 99     
 
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 3.  Maintenance of a current and accurate log of residents 100 
admitted as receiving memory care services. 101 
 (b)  The standards in paragraph (a) apply to any unit 102 
designated for the provision of memory care services or to a 103 
facility that provides memory care services to any resident 104 
admitted and requiring such services. 105 
 (3)  In addition to the requirements of s. 429.24, resident 106 
contracts must specify all memory care services to be provided 107 
and any related costs should those costs exceed standard room 108 
and board. 109 
 (4)  In addition to the requirements of s. 429.26(7), for 110 
persons residing in a memory care facility, the facility shall: 111 
 (a)  Notify a licensed physician when a resident has a 112 
change of condition specific to increased or more severe 113 
dementia, or other memory disorder to ensure that appropriate 114 
care is provided to the resident. The notification must occur 115 
within 30 days after the acknowledgement of such changes in 116 
condition by facility staff. 117 
 (b)  If a change in the resident's condition is determined 118 
to exist, notify the resident's representative or designee and 119 
assist in making appointments for the necessary care and 120 
services for treatment of the change in condition. 121 
 (d)  If the resident does not have a representative or 122 
designee, or if the resident's representative or designee cannot 123 
be located or is unresponsive, a rrange with the appropriate 124     
 
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health care provider for the necessary care and services for 125 
treatment of the change in condition. 126 
 (5)(a)  The memory care facility, or if a memory care 127 
provider has a specific unit designated for memory care 128 
services, must have at least one staff member present to provide 129 
care and services at all times. The staff member shall: 130 
 1.  Stay awake at all times. 131 
 2.  Meet any training required as defined by statute or 132 
rule for assisted living facilities, including the training and 133 
continuing education requirements of s. 430.5025. 134 
 3.  Be certified in first aid and cardiopulmonary 135 
resuscitation. 136 
 (b)  A staff member administering medication or providing 137 
assistance with the self -administration of medication may not be 138 
considered as the sole staff member toward the staffing 139 
requirement while engaged in these tasks. 140 
 (6) A facility licensed under this part which claims that 141 
it provides special care for persons who have Alzheimer's 142 
disease, dementia, or other memory related disorders must 143 
disclose in its advertisements or in a separate document those 144 
services that distinguish the care as being especially 145 
applicable to, or suitable for, such persons. The facility must 146 
give a copy of all such advertisements or a copy of the document 147 
to each person who requests information about programs and 148 
services for persons with Alzheimer's disease , dementia, or 149     
 
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other memory related disorders offered by the facility and must 150 
maintain a copy of all such advertisements and documents in its 151 
records. The agency shall examine all such advertisements and 152 
documents in the facility's records as part of the license 153 
renewal procedure. 154 
 Section 3. Effective January 1, 2026, section 429.178, 155 
Florida Statutes, is repealed. 156 
 Section 4.  Subsection (3) of section 627.4236, Florida 157 
Statutes, is amended to read: 158 
 627.4236  Coverage for bone marrow transplant procedures. — 159 
 (3)(a)  The Agency for Health Care Administration shall 160 
adopt rules specifying the bone marrow transplant procedures 161 
that are accepted within the appropriate oncological specialty 162 
and are not experimental for purposes of this section. The rules 163 
must be based upon recommendations of an advisory panel 164 
appointed by the secretary of the agency, composed of: 165 
 1.  One adult oncologist, selected from a lis t of three 166 
names recommended by the Florida Medical Association; 167 
 2.  One pediatric oncologist, selected from a list of three 168 
names recommended by the Florida Pediatric Society; 169 
 3.  One representative of the J. Hillis Miller Health 170 
Center at the Universit y of Florida; 171 
 4.  One representative of the H. Lee Moffitt Cancer Center 172 
and Research Institute, Inc.; 173 
 5.  One consumer representative, selected from a list of 174     
 
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three names recommended by the Chief Financial Officer; 175 
 6.  One representative of the Health Insurance Association 176 
of America; 177 
 7.  Two representatives of health insurers, one of whom 178 
represents the insurer with the largest Florida health insurance 179 
premium volume and one of whom represents the insurer with the 180 
second largest Florida health insuran ce premium volume; and 181 
 8.  One representative of the insurer with the largest 182 
Florida small group health insurance premium volume. 183 
 (b)  The director shall also appoint a member of the 184 
advisory panel to serve as chairperson. 185 
 (c)  The agency shall provide , within existing resources, 186 
staff support to enable the panel to carry out its 187 
responsibilities under this section. 188 
 (d)  In making recommendations and adopting rules under 189 
this section, the advisory panel and the director shall: 190 
 1.  Take into account fi ndings, studies, or research of the 191 
federal Agency for Health Care Policy, National Cancer 192 
Institute, National Academy of Sciences, Health Care Financing 193 
Administration, and Congressional Office of Technology 194 
Assessment, and any other relevant information. 195 
 2.  Consider whether the federal Food and Drug 196 
Administration or National Cancer Institute is conducting or 197 
sponsoring assessment procedures to determine the safety and 198 
efficacy of the procedure or substantially similar procedures, 199     
 
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or of any part of such procedures. 200 
 3.  Consider practices of providers with respect to 201 
requesting or requiring patients to sign a written 202 
acknowledgment that a bone marrow transplant procedure is 203 
experimental. 204 
 (e)  The advisory panel shall conduct, at least biennially, 205 
a review of scientific evidence to ensure that its 206 
recommendations are based on current research findings and that 207 
insurance policies offer coverage for the latest medically 208 
acceptable bone marrow transplant procedures. 209 
 Section 5. Except as otherwise express ly provided in this 210 
act, this act shall take effect July 1, 2025. 211