HB 1013 — Nurse Registries

and 3.

Contain the following information:

a.

A statement that caregivers referred by the nurse registry are independent contractors and not employees of the nurse registry.

b.

The nurse registry's insurance status, including the type and amount of liability coverage carried.

c.

Contact information for filing complaints, including the state hotline and applicable professional licensing boards.

d.

A clear explanation of the risks associated with patient transport or the operation of lifting equipment, along with documentation of the client's consent or declination for such activities.

(b) The agency shall adopt rules to implement this subsection, including standard disclosure templates and acknowledgment forms.

(22)(a) A nurse registry may not use the terms "home health," "home healthcare," or "agency" in any business name, advertising, website, or promotional materials.

Page 3 of 8 CODING:

Words stricken are deletions;

words underlined are additions.

hb1013-00 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 HB 1013 2026 (b) Each nurse registry must include the phrase "nurse registry" in its licensed business name and display its state license number prominently in all marketing and advertising, including digital platforms.

(c) Each nurse registry must display, in a clear and conspicuous manner on its website and in all digital or print marketing materials, the following disclaimer:

84 "All caregivers referred by this nurse registry are independent contractors, not employees.

By law, the registry has no authority to supervise, manage, or train caregivers and assumes no responsibility for their actions or the services they provide." 90 (d) Each nurse registry shall file a current fee schedule with the agency and provide the schedule to clients before initiating services.

The fee schedule must clearly disclose all costs and charges in a manner understandable to the general public.

(e) The agency may impose administrative sanctions for failure to comply with this subsection.

Section 2.

Subsections (6) and (7) of section 400.509, Florida Statutes, are renumbered as subsections (11) and (12), respectively, and new subsections (6) through (10) are added to that section, to read:

Page 4 of 8 CODING:

Words stricken are deletions;

words underlined are additions.

hb1013-00 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 HB 1013 2026 400.509 Registration of particular service providers exempt from licensure;

certificate of registration;

regulation of registrants.— (6)(a) A registered companion or homemaker service provider is subject to initial and periodic inspections by the agency to determine compliance with applicable general laws and rules.

(b) The agency shall adopt rules establishing the frequency and scope of such inspections, which must occur at least once every 36 months.

(c) Inspections must include, but are not limited to, review of service records, client disclosures, background screening documentation, and compliance with marketing standards.

(7)(a) A registered companion or homemaker service provider must provide standardized written disclosures to clients upon initiation of services and annually thereafter.

(b) The disclosures must:

1.

Be presented in at least 14-point bold type;

2.

Include a signed acknowledgment of receipt by the client or the client's representative;

and 3.

Contain all of the following information:

a.

A statement that services are limited to nonmedical, non–hands-on care.

b.

The provider's insurance coverage status, including Page 5 of 8 CODING:

Words stricken are deletions;

words underlined are additions.

hb1013-00 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 HB 1013 2026 type and amount of liability coverage.

c.

Instructions for filing complaints, including the state hotline number.

d.

An explanation of the provider's scope and limitations, including the prohibition against personal care or medical services.

e.

A disclosure of whether caregivers are employees or independent contractors.

(c) The agency shall adopt rules establishing standard disclosure templates and acknowledgment forms.

(8)(a) A companion or homemaker service provider may not use the terms "home health," "home healthcare," "nursing," "nurse registry," or "agency" in any business name, advertising, website, or promotional materials.

(b) A companion or homemaker service provider must include the phrase "companion and homemaker services" in its licensed business name and display its state registration number prominently in all marketing and advertising, including digital platforms.

(c) A companion or homemaker service provider must display, in a clear and conspicuous manner on its website and in all digital or print marketing materials, the following disclaimer:

"This business provides companion and homemaker Page 6 of 8 CODING:

Words stricken are deletions;

words underlined are additions.

hb1013-00 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 HB 1013 2026 services only.

Services do not include personal care or any hands-on health care.

By law, companion and homemaker service providers may not assist with activities requiring a health care license or certification." (d) The agency shall adopt rules to implement this subsection.

(9)(a) Companion and homemaker service providers must maintain accurate, chronological service records for each client, including caregiver assignments, incident reports, and acknowledgment of required disclosures.

(b) Providers shall document and report to the agency any adverse incidents or complaints as required by rule.

(c) The agency shall adopt rules to implement this subsection.

(10)(a) The agency shall establish procedures for investigating complaints against companion and homemaker service providers and may conduct unannounced inspections.

(b) The agency may impose administrative fines or other sanctions for violations of this subsection or rules adopted thereunder.

Section 3.

Subsection (10) of section 408.803, Florida Statutes, is amended to read:

408.803 Definitions.—As used in this part, the term:

Page 7 of 8 CODING:

Words stricken are deletions;

words underlined are additions.

hb1013-00 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 HB 1013 2026 (10) "Low-risk provider" means a nonresidential provider, including a nurse registry, a home medical equipment provider, or a health care clinic.

Section 4.

Paragraph (h) of subsection (3) of section 817.505, Florida Statutes, is amended to read:

817.505 Patient brokering prohibited;

exceptions;

penalties.— (3) This section shall not apply to the following payment practices:

(h) Commissions or fees paid to a nurse registry licensed under s.

400.506 for referring persons providing health care services to clients of the nurse registry.

Section 5.

Page 81 of 81 CODING:

hb1013-00hb1013-01-c1