(1) Participation by an employee of a nursing home in any activity that assists, promotes, deters, or discourages union organizing shall not be allowed during any time the employee is counted in staffing calculations for minimum staffing standards.
(2) Salaries paid by any health care provider to an employee for any activity that assists, promotes, deters, or discourages union organizing shall not be an allowable cost for Medicaid cost reporting purposes.
(3) Any expense, including, but not limited to, legal and consulting fees and salaries of supervisors and employees, incurred for activities directly relating to influencing employees with respect to unionization shall not be an allowable cost for Medicaid cost reporting purposes.
(4) This section does not apply to any activity performed, or any expense incurred, in connection with:
(a) Addressing a grievance or negotiating or administering a collective bargaining agreement;
(b) Performing an activity required by federal or state law or by a collective bargaining agreement; or
(c) Keeping employees informed of issues and keeping lines of communication open between employees and employers as a part of normal personnel management,
provided such activities or expenses are not directly related to influencing employees with respect to unionization.
History.—s. 1, ch. 2002-231.
Structure Florida Statutes
Chapter 400 - Nursing Homes and Related Health Care Facilities
Part II - Nursing Homes (Ss. 400.011-400.334)
400.0235 - Certain provisions not applicable to actions under this part.
400.0236 - Statute of limitations.
400.0237 - Punitive damages; pleading; burden of proof.
400.0238 - Punitive damages; limitation.
400.0239 - Quality of Long-Term Care Facility Improvement Trust Fund.
400.024 - Failure to satisfy a judgment or settlement agreement; required notification to claimants.
400.0255 - Resident transfer or discharge; requirements and procedures; hearings.
400.051 - Homes or institutions exempt from the provisions of this part.
400.062 - License required; fee; disposition.
400.0625 - Minimum standards for clinical laboratory test results and diagnostic X-ray results.
400.063 - Resident protection.
400.071 - Application for license.
400.0712 - Application for inactive license.
400.102 - Action by agency against licensee; grounds.
400.111 - Disclosure of controlling interest.
400.118 - Quality assurance; early warning system; monitoring; rapid response teams.
400.1183 - Resident grievance procedures.
400.126 - Receivership proceedings.
400.141 - Administration and management of nursing home facilities.
400.1413 - Volunteers in nursing homes.
400.1415 - Patient records; penalties for alteration.
400.142 - Emergency medication kits; orders not to resuscitate.
400.143 - Institutional formularies established by nursing home facilities.
400.145 - Copies of records of care and treatment of resident.
400.147 - Internal risk management and quality assurance program.
400.148 - Medicaid “Up-or-Out” Quality of Care Contract Management Program.
400.162 - Property and personal affairs of residents.
400.165 - Itemized resident billing, form and content prescribed by the agency.
400.17 - Bribes, kickbacks, certain solicitations prohibited.
400.172 - Respite care provided in nursing home facilities.
400.175 - Patients with Alzheimer’s disease or other related disorders; certain disclosures.
400.1755 - Care for persons with Alzheimer’s disease or related disorders.
400.176 - Rebates prohibited; penalties.
400.179 - Liability for Medicaid underpayments and overpayments.
400.18 - Closing of nursing facility.
400.19 - Right of entry and inspection.
400.191 - Availability, distribution, and posting of reports and records.
400.20 - Licensed nursing home administrator required.
400.211 - Persons employed as nursing assistants; certification requirement.
400.215 - Personnel screening requirement.
400.23 - Rules; evaluation and deficiencies; licensure status.
400.232 - Review and approval of plans; fees and costs.
400.235 - Nursing home quality and licensure status; Gold Seal Program.
400.241 - Prohibited acts; penalties for violations.
400.25 - Educational program authorized.
400.33 - Legislative intent; community-based care for the elderly.
400.332 - Funds received not revenues for purpose of Medicaid program.
400.334 - Activity relating to unions by nursing home employees.