Recently I attended an ACHA (Agency for Healthcare Administration) online seminar highlighting some of the bills that passed that will affect the senior healthcare world.

Here are some highlights. I have taken the liberty of highlighting the bill with the greatest impact in my opinion; SB 1580:

• Senate Bill 558: Authorizes nursing homes (NH) to allow Registered Nurses (RN) to delegate some medication tasks to certified nursing assistants (CNA). (Extra training and certification required)
• Senate Bill 252: Protection from Discrimination Based on Health Care Choices. “A licensed facility as defined in Florida Statutes 395.002 may not discriminate in providing health care to a patient based solely on that patient’s COVID-19 vaccination status.” Includes
  • Hospitals
  • Ambulatory Surgical Centers
  • Intensive Residential Treatment Centers for Children & Adolescents
  • A hospital may not interfere with a patient’s right to choose COVID-19 treatment alternatives as recommended by a health care practitioner with privileges at the hospital if the health care practitioner has obtained informed consent from the patient.
  • In determining alternative medications, practitioner must include any medications currently authorized or approved anduse clinical judgement.
  • Must obtain patient’s informed consent.

• Senate Bill 1580: Approved by the Governor 5/11/2023.
• Effective 6/1/2023.
• Intent: “…provide the right of medical conscience for health care providers and payors to ensure they can care for patients in a manner consistent with their moral, ethical, and religious convictions.”
• Conscience-based objection” means an objection based on a sincerely held religious, moral, or ethical belief. Conscience with respect to entities is determined by reference to the entities’ governing documents; any published ethical, moral, or religious guidelines or directives; mission statements; constitutions; articles of incorporation; bylaws; policies; or regulations.
•  A provider or payor has the right to opt out of any health care service based on conscience-based objection.
• Must, at the time of the conscience-based objection or as soon as practicable thereafter, provide written notice of the conscience-based objection to the health care provider’s supervisor or employer, if applicable, and document conscience-based objection in the patient’s medical file.
• Must notify a patient when scheduling an appointment if there is a conscience-based objection.
• Payors must not decline to pay if they are contractually obligated to pay.
• *Does not over-ride hospital requirements to provide emergency medical treatment.

If you have any questions, feel free to email Kimberly Smoak, Deputy Secretary, State Survey Agency Director for the Agency for Health Care Administration at Kimberly.smoak@ahca.myflorida.com

ACHA website: https://ahca.myflorida.com/about

ACHA is the agency that oversees, regulates, does surveys, and licenses 48,500 health care facilities in Florida. They manage health policy and planning for the entire state. In addition, they are primarily responsible for the states’ estimated $25.2 billion Medicaid program that serves a projected 4.27 million Floridians.