Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 966
       
       
       
       
       
       
                                Barcode 101424                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             04/29/2013 10:45 AM       .                                
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       Senator Gibson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 2815 - 3039
    4  and insert:
    5         (6) The agency shall provide to the Division of Hotels and
    6  Restaurants of the Department of Business and Professional
    7  Regulation, on a monthly basis, a list of those assisted living
    8  facilities that have had their licenses denied, suspended, or
    9  revoked or that are involved in an appellate proceeding pursuant
   10  to s. 120.60 related to the denial, suspension, or revocation of
   11  a license.
   12         (7) Agency notification of a license suspension or
   13  revocation, or denial of a license renewal, shall be posted and
   14  visible to the public at the facility.
   15         (8) If a facility is required to relocate some or all of
   16  its residents due to agency action, that facility is exempt from
   17  the 45 days’ notice requirement in s. 429.28(1)(k). This
   18  provision does not exempt the facility from any deadlines for
   19  corrective action set by the agency.
   20         Section 61. Paragraphs (a) and (b) of subsection (2) of
   21  section 429.178, Florida Statutes, are amended to read:
   22         429.178 Special care for persons with Alzheimer’s disease
   23  or other related disorders.—
   24         (2)(a) An individual who is employed by a facility that
   25  provides special care for residents with Alzheimer’s disease or
   26  other related disorders, and who has regular contact with such
   27  residents, must complete up to 4 hours of initial dementia
   28  specific training developed or approved by the department. The
   29  training must shall be completed within 3 months after beginning
   30  employment and satisfy shall satisfy the core training
   31  requirements of s. 429.52(3)(g) s. 429.52(2)(g).
   32         (b) A direct caregiver who is employed by a facility that
   33  provides special care for residents with Alzheimer’s disease or
   34  other related disorders, and who provides direct care to such
   35  residents, must complete the required initial training and 4
   36  additional hours of training developed or approved by the
   37  department. The training must shall be completed within 9 months
   38  after beginning employment and satisfy shall satisfy the core
   39  training requirements of s. 429.52(3)(g) s. 429.52(2)(g).
   40         Section 62. Subsection (1) of section 429.26, Florida
   41  Statutes, is amended to read:
   42         429.26 Appropriateness of placements; examinations of
   43  residents.—
   44         (1) The owner or administrator of a facility is responsible
   45  for determining the appropriateness of admission of an
   46  individual to the facility and for determining the continued
   47  appropriateness of residence of an individual in the facility. A
   48  determination shall be based upon an assessment of the
   49  strengths, needs, and preferences of the resident, the care and
   50  services offered or arranged for by the facility in accordance
   51  with facility policy, and any limitations in law or rule related
   52  to admission criteria or continued residency for the type of
   53  license held by the facility under this part. A resident who
   54  requires assistance with portable oxygen, colostomy care, and
   55  antiembolism stockings or hosiery, and who otherwise meets the
   56  admission criteria, may be admitted to a standard licensed
   57  assisted living facility as long as the facility has a licensed
   58  nurse on staff or is under contract to perform the services. A
   59  resident may not be moved from one facility to another without
   60  consultation with and agreement from the resident or, if
   61  applicable, the resident’s representative or designee or the
   62  resident’s family, guardian, surrogate, or attorney in fact. In
   63  the case of a resident who has been placed by the department or
   64  the Department of Children and Family Services, the
   65  administrator must notify the appropriate contact person in the
   66  applicable department.
   67         Section 63. Subsections (2) and (6) of section 429.28,
   68  Florida Statutes, are amended to read:
   69         429.28 Resident bill of rights.—
   70         (2) The administrator of a facility shall ensure that a
   71  written notice of the rights, obligations, and prohibitions set
   72  forth in this part is posted in a prominent place in each
   73  facility and read or explained to residents who cannot read. The
   74  This notice must shall include the name, address, and telephone
   75  numbers of the local ombudsman council and central abuse hotline
   76  and, if when applicable, Disability Rights Florida the Advocacy
   77  Center for Persons with Disabilities, Inc., and the Florida
   78  local advocacy council, where complaints may be lodged. The
   79  notice must state that a complaint made to the Office of State
   80  Long-Term Care Ombudsman or a local long-term care ombudsman
   81  council, the names and identities of the residents involved in
   82  the complaint, and the identity of complainants are kept
   83  confidential pursuant to s. 400.0077 and that retaliatory action
   84  cannot be taken against a resident for presenting grievances or
   85  for exercising any other resident right. The facility must
   86  ensure a resident’s access to a telephone to call the local
   87  ombudsman council, central abuse hotline, and Disability Rights
   88  Florida Advocacy Center for Persons with Disabilities, Inc., and
   89  the Florida local advocacy council.
   90         (6) A Any facility that which terminates the residency of
   91  an individual who participated in activities specified in
   92  subsection (5) must shall show good cause in a court of
   93  competent jurisdiction.
   94  
   95  ================= T I T L E  A M E N D M E N T ================
   96         And the title is amended as follows:
   97         Delete lines 250 - 278
   98  and insert:
   99         the license of an assisted living facility; exempting
  100         a facility from the 45-day notice requirement if the
  101         facility is required to relocate some or all of its
  102         residents; amending s. 429.178, F.S.; conforming
  103         cross-references; amending s. 429.26, F.S.; providing
  104         that certain residents may be admitted to a standard
  105         licensed assisted living facility under certain
  106         circumstances; amending s. 429.28, F.S.; requiring
  107         that residents of facilities be informed that the
  108         identity of the resident and complainant in a
  109         complaint made to the State Long-Term Care Ombudsman
  110         Program is confidential and that retaliatory action
  111         may not be taken against a resident for presenting
  112         grievances or for exercising any other resident right;
  113         amending s. 429.34, F.S.; requiring