Civil Liability for Damages Relating to COVID-19 SB 72, by Senator Brandes, PASSED. Incorporated bills were SB 74 by Senator Brandes, HB 7 by Representative McClure HB 7005 by Representative Burton. The legislation is Chapter No. 2021-001, effective upon Governor DeSantis’s signature on March 29, 2021. AARP opposed this legislation. The legislation creates civil liability protections against COVID-19 claims for individuals, health care providers, businesses, governmental entities, and other organizations. The final legislation merged four bills into one. AARP focused on COVID-19 related claims against health care providers. The legislation makes it harder for a victim of negligence or wrongful death in a nursing home to bring a lawsuit to recover for damages. For residents or families to prevail in court, they must prove the facility’s actions or inactions were grossly negligent or the facility engaged in intentional misconduct; a lawsuit must be filed within one year after the harm occurs; and several newly created affirmative defenses may apply. See Voting Record for SB 72 p. 21, HB 7005 p. 23 & SB 74 p. 23. Personal Care Attendants (PCAs) HB 485, Representatives Garrison and Rayner by, PASSED. The companion bill was HB 1132, by Senator Bean. The legislation is Chapter No. 2021-163, and was effective upon becoming a law. AARP opposed this legislation. The legislation makes permanent the PCA training program, created by Executive Order during the COVID-19 pandemic, to address nursing home workforce issues. The legislation requires 16 hours of PCA classroom training and zero hours of supervised clinical training. PCA hours may be substituted for (one-for-one) and counted toward the minimum certified nursing assistant staffing standard in nursing homes of 2.5 hours per resident per day. This legislation effectively lowers nursing home nursing staffing standards and heightens risks of lower quality care. Those effects could exacerbate the loss of consumer confidence in the nursing home industry. See Voting Record for HB 485 p. 24 & SB 1132 p. 26. Office of Minority Health and Health Equity HB 183, by Representatives Brown and Joseph, PASSED. The companion bill was SB 404, by Senator Rouson. The legislation is Chapter No. 2021-117, effective July 1, 2021. AARP supported this legislation. The legislation requires the Office of Minority Health and Health Equity (Office) within the Department of Health (DOH), to develop and promote the statewide implementation of policies, programs, and practices that increase health equity for racial and ethnic minority populations in Florida. The Office must coordinate with agencies, organizations, and providers across the state, and one representative from each county health department must serve as a minority health liaison with the Office. See Voting Record for HB 183 p. 27 & SB 404 p. 26. Administration of Vaccines* SB 768, by Senator Baxley, PASSED. The companion bill was HB 1063, by Representative Fernandez- Barquin. The legislation is Chapter No. 2021-127, effective date of July 1, 2021. AARP supported this legislation. The legislation expands the types of vaccines that certified pharmacists and registered pharmacy interns may administer to adults. Administration of these vaccines must be done under the supervision of licensed physicians. In response to a state of emergency, these professions may also administer vaccines recommended by the Centers for Disease Control and Prevention. * SB 494, by Senator Burgess, was amended onto SB 786. See Voting Record for SB 768 p. 29 & HB 1063 p. 29.
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