Florida 2024 Regular Session Status: In Committee 2 R cosponsors

HB 891 — Health Care Provider Accountability

Last action — Died on Second Reading Calendar

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Health Care Provider Accountability; Requires nursing home facilities to report electronically to AHCA common ownerships facility or its parent company share with certain entities; defines "common ownership"; requires agency to publish on its website specified reports annually; requires agency to annually submit report on success of personal care attendant program to Governor & Legislature.

Bill Text

What changed in the latest version

78 added · 259 removed

78 line(s) added, 259 removed.

→
Previous
Latest
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 HB891 2024 A bill to be entitled An act relating to health care provider accountability;
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 CS/HB891 2024 A bill to be entitled An act relating to health care provider accountability;
requiring nursing home facilities to report to the Agency for Health Care Administration common ownerships they or their parent companies share with certain entities;
requiring nursing home facilities to report electronically to the Agency for Health Care Administration any common ownership the facility or its parent company share with certain entities;
requiring the agency to work with stakeholders to determine how such reporting shall be conducted;
defining the term "common ownership";
requiring the agency to submit a report of such reported common ownerships to the Governor and Legislature by a specified date each year;
requiring the agency to publish on its website specified reports annually;
requiring the agency to adopt rules;
requiring the agency to submit a report on the success of the personal care attendant program to the Governor and Legislature by a specified date each year;
requiring the agency to submit annually a report on the success of the personal care attendant program to the Governor and Legislature;
amending s.
409.908, F.S.;
revising the rate methodology for the agency's long-term care reimbursement plan;
400.141 Administration and management of nursing home Page 1of 10 CODING:
400.141 Administration and management of nursing home facilities.— (1) Every licensed facility shall comply with all applicable standards and rules of the agency and shall:
(x) Report to the agency any common ownership the facility or its parent company shares with a staffing or management Page 1of 3 CODING:
hb0891-00 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 HB891 2024 facilities.— (1) Every licensed facility shall comply with all applicable standards and rules of the agency and shall:
hb0891-01-c1 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 CS/HB891 2024 company, a vocational or physical rehabilitation company, or any other entity that conducts business within the nursing home facility.
(x) Report to the agency any common ownership the facility or its parent company shares with a staffing or management company, a vocational or physical rehabilitation company, or any other company that conducts business within the nursing home facility.
For purposes of this paragraph, "common ownership" means an ownership interest of 5 percent or more held by the entity in the facility or by the facility in the entity.
The agency shall work with stakeholders to determine how this reporting shall be conducted.
Facilities shall report such information electronically as an element of the data reporting required under s.
By January 15 of each year, the agency shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on all common ownerships reported to the agency in the preceding calendar year.
408.061(5).
The agency shall adopt rules to implement this paragraph.
The agency shall annually, by January 15, publish on its website all common ownerships reported to the agency in the preceding year.
Page 2of 10 CODING:
(b) Persons who have been positively verified as actively certified and on the registry in another state with no findings of abuse, neglect, or exploitation in that state.
(c) Persons who have preliminarily passed the state's certification exam.
Page 2of 3 CODING:
hb0891-00 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 HB891 2024 (b) Persons who have been positively verified as actively certified and on the registry in another state with no findings of abuse, neglect, or exploitation in that state.
hb0891-01-c1 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 CS/HB891 2024 (d) Persons who are employed as personal care attendants and who have completed the personal care attendant training program developed pursuant to s.
(c) Persons who have preliminarily passed the state's certification exam.
(d) Persons who are employed as personal care attendants and who have completed the personal care attendant training program developed pursuant to s.
On January 1 of each year, the agency shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the success of this program including, but not limited to, how many personal care attendants take and subsequently pass the certified nursing assistant exam after the 4 months of initial employment with a single nursing facility, any adverse actions related to patient care involving personal care attendants, how many new certified nursing assistants are employed and remain employed each year after being employed as personal care attendants, and the Page 3of 10 CODING:
On January 1 of each year, the agency shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the success of this program, including, but not limited to, how many personal care attendants take and subsequently pass the certified nursing assistant exam after the 4 months of initial employment with a single nursing facility, any adverse actions related to patient care involving personal care attendants, how many new certified nursing assistants are employed and remain employed each year after being employed as personal care attendants, and the turnover rate of personal care attendants in nursing facilities.
Words strickenare deletions;
words underlined are additions.
hb0891-00 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 HB891 2024 turnover rate of personal care attendants in nursing facilities.
Paragraph (b) of subsection (2) of section 409.908, Florida Statutes, is amended to read:
409.908 Reimbursement of Medicaid providers.—Subject to specific appropriations, the agency shall reimburse Medicaid providers, in accordance with state and federal law, according to methodologies set forth in the rules of the agency and in policy manuals and handbooks incorporated by reference therein.
These methodologies may include fee schedules, reimbursement methods based on cost reporting, negotiated fees, competitive bidding pursuant to s.
287.057, and other mechanisms the agency considers efficient and effective for purchasing services or goods on behalf of recipients.
If a provider is reimbursed based on cost reporting and submits a cost report late and that cost report would have been used to set a lower reimbursement rate for a rate semester, then the provider's rate for that semester shall be retroactively calculated using the new cost report, and full payment at the recalculated rate shall be effected retroactively.
Medicare-granted extensions for filing cost reports, if applicable, shall also apply to Medicaid cost reports.
Payment for Medicaid compensable services made on behalf of Medicaid-eligible persons is subject to the availability of moneys and any limitations or directions provided for in the General Appropriations Act or chapter 216.
Further, nothing in this section shall be construed to prevent Page 4of 10 CODING:
Words strickenare deletions;
words underlined are additions.
hb0891-00 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 HB891 2024 or limit the agency from adjusting fees, reimbursement rates, lengths of stay, number of visits, or number of services, or making any other adjustments necessary to comply with the availability of moneys and any limitations or directions provided for in the General Appropriations Act, provided the adjustment is consistent with legislative intent.
(2) (b) Subject to any limitations or directions in the General Appropriations Act, the agency shall establish and implement a state Title XIX Long-Term Care Reimbursement Plan for nursing home care in order to provide care and services in conformance with the applicable state and federal laws, rules, regulations, and quality and safety standards and to ensure that individuals eligible for medical assistance have reasonable geographic access to such care.
1.
The agency shall amend the long-term care reimbursement plan and cost reporting system to create direct care and indirect care subcomponents of the patient care component of the per diem rate.
Show all 135 changed rows (95 more)
Previous
Latest
These two subcomponents together shall equal the patient care component of the per diem rate.
Separate prices shall be calculated for each patient care subcomponent, initially based on the September 2016 rate setting cost reports and subsequently based on the most recently audited cost report used during a rebasing year.
The direct care subcomponent of the per diem rate for any providers still being reimbursed on a cost Page 5of 10 CODING:
Words strickenare deletions;
words underlined are additions.
hb0891-00 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 HB891 2024 basis shall be limited by the cost-based class ceiling, and the indirect care subcomponent may be limited by the lower of the cost-based class ceiling, the target rate class ceiling, or the individual provider target.
The ceilings and targets apply only to providers being reimbursed on a cost-based system.
Effective October 1, 2018, a prospective payment methodology shall be implemented for rate setting purposes with the following parameters:
a.
Peer Groups, including:
(I) North-SMMC Regions 1-9, less Palm Beach and Okeechobee Counties;
and (II) South-SMMC Regions 10-11, plus Palm Beach and Okeechobee Counties.
b.
Percentage of Median Costs based on the cost reports used for September 2016 rate setting:
(I) Direct Care Costs ........................
100 percent.
(II) Indirect Care Costs ......................
92 percent.
(III) Operating Costs .........................
86 percent.
c.
Floors:
(I) Direct Care Component ..................
10095 percent.
(II) Indirect Care Component ................
92.5 percent.
(III) Operating Component ...........................None.
d.
Pass-through Payments ..................
Real Estate and Personal Property Taxes and Property Insurance.
Page 6of 10 CODING:
Words strickenare deletions;
words underlined are additions.
hb0891-00 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 HB891 2024 e.
Quality Incentive Program Payment Pool 10 percent of September 2016 non-property related payments of included facilities.
f.
Quality Score Threshold to Quality for Quality Incentive Payment..........................................20th percentile of included facilities.
g.
Fair Rental Value System Payment Parameters:
(I) Building Value per Square Foot based on 2018 RS Means.
(II) Land Valuation ....
10 percent of Gross Building value.
(III) Facility Square Footage ......
Actual Square Footage.
(IV) Movable Equipment Allowance ..........
$8,000 per bed.
(V) Obsolescence Factor ......................
1.5 percent.
(VI) Fair Rental Rate of Return ................
8 percent.
(VII) Minimum Occupancy .......................
90 percent.
(VIII) Maximum Facility Age .....................
40 years.
(IX) Minimum Square Footage per Bed...................350.
(X) Maximum Square Footage for Bed....................500.
(XI) Minimum Cost of a renovation/replacements$500 per bed.
h.
Ventilator Supplemental payment of $200 per Medicaid day of 40,000 ventilator Medicaid days per fiscal year.
2.
The direct care subcomponent shall include salaries and benefits of direct care staff providing nursing services including registered nurses, licensed practical nurses, and certified nursing assistants who deliver care directly to Page 7of 10 CODING:
Words strickenare deletions;
words underlined are additions.
hb0891-00 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 HB891 2024 residents in the nursing home facility, allowable therapy costs, and dietary costs.
This excludes nursing administration, staff development, the staffing coordinator, and the administrative portion of the minimum data set and care plan coordinators.
The direct care subcomponent also includes medically necessary dental care, vision care, hearing care, and podiatric care.
3.
All other patient care costs shall be included in the indirect care cost subcomponent of the patient care per diem rate, including complex medical equipment, medical supplies, and other allowable ancillary costs.
Costs may not be allocated directly or indirectly to the direct care subcomponent from a home office or management company.
4.
On July 1 of each year, the agency shall report to the Legislature direct and indirect care costs, including average direct and indirect care costs per resident per facility and direct care and indirect care salaries and benefits per category of staff member per facility.
5.
Every fourth year, the agency shall rebase nursing home prospective payment rates to reflect changes in cost based on the most recently audited cost report for each participating provider.
6.
A direct care supplemental payment may be made to providers whose direct care hours per patient day are above the 80th percentile and who provide Medicaid services to a larger percentage of Medicaid patients than the state average.
Page 8of 10 CODING:
Words strickenare deletions;
words underlined are additions.
hb0891-00 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 HB891 2024 7.
For the period beginning on October 1, 2018, and ending on September 30, 2021, the agency shall reimburse providers the greater of their September 2016 cost-based rate or their prospective payment rate.
Effective October 1, 2021, the agency shall reimburse providers the greater of 95 percent of their cost-based rate or their rebased prospective payment rate, using the most recently audited cost report for each facility.
This subparagraph shall expire September 30, 2023.
8.
Pediatric, Florida Department of Veterans Affairs, and government-owned facilities are exempt from the pricing model established in this subsection and shall remain on a cost-based prospective payment system.
Effective October 1, 2018, the agency shall set rates for all facilities remaining on a cost- based prospective payment system using each facility's most recently audited cost report, eliminating retroactive settlements.
It is the intent of the Legislature that the reimbursement plan achieve the goal of providing access to health care for nursing home residents who require large amounts of care while encouraging diversion services as an alternative to nursing home care for residents who can be served within the community.
The agency shall base the establishment of any maximum rate of payment, whether overall or component, on the available moneys as provided for in the General Appropriations Act.
The agency Page 9of 10 CODING:
Words strickenare deletions;
words underlined are additions.
hb0891-00 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 HB891 2024 may base the maximum rate of payment on the results of scientifically valid analysis and conclusions derived from objective statistical data pertinent to the particular maximum rate of payment.
The agency shall base the rates of payments in accordance with the minimum wage requirements as provided in the General Appropriations Act.
Section 4.
Page 10 of10 CODING:
Page 3of 3 CODING:
hb0891-00
hb0891-01-c1
⬇ Download PDF
View plain text versions (2)

Action History

  1. Died on Second Reading Calendar

  2. Added to Second Reading Calendar

  3. Bill released to House Calendar

  4. Reported out of Health & Human Services Committee

  5. Favorable by Health & Human Services Committee

  6. Added to Health & Human Services Committee agenda

  7. 1st Reading (Committee Substitute 1)

  8. Now in Health & Human Services Committee

  9. Referred to Health & Human Services Committee

  10. Original reference removed: Health Care Appropriations Subcommittee

  11. CS Filed

  12. Laid on Table under Rule 7.18(a)

  13. Reported out of Select Committee on Health Innovation

  14. Favorable with CS by Select Committee on Health Innovation

  15. PCS added to Select Committee on Health Innovation agenda

  16. 1st Reading (Original Filed Version)

  17. Now in Select Committee on Health Innovation

  18. Referred to Health & Human Services Committee

  19. Referred to Health Care Appropriations Subcommittee

  20. Referred to Select Committee on Health Innovation

  21. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 0 co-sponsors · 161 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (161)

161 members have not signed on to this bill.

Show all 161 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable (Health & Human Services Committee)

Passed 18 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 3000
Republican 10002
Democrat 5001
Total 18003
% of votes cast 86%0%0%14%
How each member voted (21)
Member Party Vote
Amesty — Yea
Fine — Yea
Grant — Yea
Cross, Lindsay Democrat Yea
Dunkley, Lisa Democrat Yea
Edmonds, Jervonte "Tae" Democrat Not Voting
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Skidmore, Kelly Democrat Yea
Woodson, Marie Paule Democrat Yea
Anderson, Adam Republican Yea
Baker, Jessica Republican Not Voting
Borrero, David Republican Yea
Koster, Traci Republican Yea
Massullo, Ralph E., Jr. Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Not Voting
Salzman, Michelle Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Tuck, Kaylee Republican Yea
Yarkosky, Taylor Michael Republican Yea

Official roll call →

Favorable (Select Committee on Health Innovation)

Passed 11 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 6003
Unaffiliated 3001
Democrat 2001
Total 11005
% of votes cast 69%0%0%31%
How each member voted (16)
Member Party Vote
Casello — Yea
Silvers — Not Voting
Williams — Yea
Lopez, V. — Yea
López, Johanna Democrat Yea
Rayner, Michele K. Democrat Not Voting
Woodson, Marie Paule Democrat Yea
Alvarez, Daniel Antonio "Danny" Republican Not Voting
Andrade, Robert Alexander "Alex" Republican Yea
Borrero, David Republican Yea
Chamberlin, Ryan Republican Yea
Gonzalez Pittman, Karen Republican Yea
Rizo, Alex Republican Yea
Steele, Kevin M. Republican Yea
Tramont, Chase Republican Not Voting
Tuck, Kaylee Republican Not Voting

Official roll call →

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 891 do?
Health Care Provider Accountability; Requires nursing home facilities to report electronically to AHCA common ownerships facility or its parent company share with certain entities; defines "common ownership"; requires agency to publish on its website specified reports annually; requires agency to annually submit report on success of personal care attendant program to Governor & Legislature.
Who sponsors HB 891?
HB 891 is sponsored by Select Committee on Health Innovation, Giallombardo, Mike (Republican), and Salzman, Michelle (Republican).
What is the current status of HB 891?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 891?
Track HB 891 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 891

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 891

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →