2023 Legislative Session: Week One Activity
Listed in: Legislative
The 2023 Legislative Session kicked off Tuesday, with one of FHCA's priority issues already advancing its first committees of reference. The Senate Health Policy Committee approved SB 558 by Sen. Colleen Burton (R-Lakeland) and the House Healthcare Regulation Subcommittee advanced HB 351 by Rep. Will Robinson (R-Bradenton), with Jennifer Lawrence of Aston Health testifying in both meetings about the benefits of adding Qualified Medication Aides to the care team, as they would give nurses more time to focus on a higher level of caregiving.
Governor DeSantis delivered his State of the State address to mark the start of the session, highlighting Florida's leadership among the nation in the areas of job growth and new business development, record tourism and low tax rates. The Governor also called for an overhaul of Florida's legal climate, signaling his support for the comprehensive tort reform measures (HB 837) being considered by the Legislature. When asked about nursing home and ALF tort reform legislation in a follow-up press conference, the Governor told reporters he supports legal reform but is leaving it up to lawmakers.
More than 1,600 bills and a proposed $114.8 billion state budget will be considered by the Florida Legislature this session. Along with our top priorities, FHCA will be focused on ensuring any proposals impacting long term care do not negatively affect our members.
Sen. Travis Hutson (R-Palm Coast) filed SB 1486, Electronic Monitoring Devices in Long-term Care Facilities. The bill applies to both nursing centers and ALFs and provides for the installation of a video and audio recording device in residents’ rooms. A companion House bill was not filed as of the filing deadline. FHCA opposes this bill and will continue to monitor it for any further developments.
Two bills revising the rights of nursing center residents were filed, SB 1596 by Sen. Ileana Garcia (R-Miami) and HB 1471 by Rep. Demi Busatta Cabrera (R-Coral Gables). The bills add the right to be free from sexual abuse, neglect, and exploitation even though these rights, and a process for enforcing these rights, are already addressed in Chapter 415, Adult Protective Services, in Florida Statutes. The bills also add disqualifying offenses to background screening and address unlicensed activity. FHCA will be meeting with bill sponsors to ensure any proposals in this legislation will not negatively impact members.
Sen. Lauren Book (D-Plantation) and Rep. Michele Rayner-Goolsby (D-St. Petersburg) filed companion bills addressing nursing center accountability. The bills, SB 1466 and HB 1365, provide immunity from civil and criminal liability for health care staff that are carrying out the directives of supervisors, require the gathering and reporting of data related to personal care attendants including adverse incidents, and require disclosure of common ownership with staffing agencies and any other companies that do business with the nursing center. In addition, the bills increase the direct care component floor for rate setting from 95% to 100%. FHCA opposes these bills, which we believe will add unnecessary and burdensome requirements for providers.
Also in the House Healthcare Regulation Subcommittee this week, the members advanced HB 299 and HB 483, both by Rep. Dean Black (R-Yulee). HB 299 seeks to streamline Dementia-Related Staff Training requirements across several health care providers, including nursing centers and assisted living facilities. HB 483 is the legislation filed in honor of Emily Adkins, the daughter of FHCA members Doug and Janet Adkins, which seeks to improve care of patients who may be at higher risk of blood clots and pulmonary embolisms.
Two identical bills filed by Sen. Jay Collins (R-Tampa) and Rep. David Borrero (R-Doral) address conducting business with foreign countries of concern. SB 264 and HB 1355 both require that electronic health records be physically stored or virtually stored on servers within the continental U.S. A licensee must sign an affidavit of compliance with AHCA and a controlling interest of a nursing center, ALF, or continuing care community may not hold an interest in an entity that has a business relationship with countries such as China, Russia, Iran, North Korea, or Cuba.
