The Florida Senate

400.0065  State Long-Term Care Ombudsman; duties and responsibilities; conflict of interest.--

(1)  The purpose of the Office of State Long-Term Care Ombudsman shall be to:

(a)  Identify, investigate, and resolve complaints made by or on behalf of residents of long-term care facilities, relating to actions or omissions by providers or representatives of providers of long-term care services, other public or private agencies, guardians, or representative payees that may adversely affect the health, safety, welfare, or rights of the residents.

(b)  Provide services to assist residents in protecting the health, safety, welfare, and rights of the residents.

(c)  Inform residents about obtaining the services of the Office of State Long-Term Care Ombudsman and its representatives.

(d)  Ensure that residents have regular and timely access to the services provided through the office and that residents and complainants receive timely responses from representatives of the office to their complaints.

(e)  Represent the interests of residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents.

(f)  Provide administrative and technical assistance to state and local ombudsman councils.

(g)  Analyze, comment on, and monitor the development and implementation of federal, state, and local laws, rules, and regulations, and other governmental policies and actions, that pertain to the health, safety, welfare, and rights of the residents, with respect to the adequacy of long-term care facilities and services in the state, and recommend any changes in such laws, rules, regulations, policies, and actions as the office determines to be appropriate.

(h)  Provide technical support for the development of resident and family councils to protect the well-being and rights of residents.

(2)  The State Long-Term Care Ombudsman shall have the duty and authority to:

(a)  Assist and support the efforts of the State Long-Term Care Ombudsman Council in the establishment and coordination of local ombudsman councils throughout the state.

(b)  Perform the duties specified in state and federal law, rules, and regulations.

(c)  Within the limits of federal and state funding authorized and appropriated, employ such personnel, including staff for local ombudsman councils, as are necessary to perform adequately the functions of the office and provide or contract for legal services to assist the state and local ombudsman councils in the performance of their duties. Staff positions for each local ombudsman council may be established as career service positions, and shall be filled by the ombudsman after consultation with the respective local ombudsman council.

(d)  Contract for services necessary to carry out the activities of the office.

(e)  Apply for, receive, and accept grants, gifts, or other payments, including, but not limited to, real property, personal property, and services from a governmental entity or other public or private entity or person, and make arrangements for the use of such grants, gifts, or payments.

(f)  Annually prepare a budget request that shall be submitted to the Governor by the department for transmittal to the Legislature.

(g)  Coordinate, to the greatest extent possible, state and local ombudsman services with the protection and advocacy systems for individuals with developmental disabilities and mental illnesses and with legal assistance programs for the poor through adoption of memoranda of understanding and other means.

(h)  Enter into a cooperative agreement with the statewide and district human rights advocacy committees for the purpose of coordinating advocacy services provided to residents of long-term care facilities.

¹(i)  Enter into a cooperative agreement with the Medicaid Fraud Division as prescribed under s. 731(e)(2)(B) of the Older Americans Act.

(3)  The State Long-Term Care Ombudsman shall not:

(a)  Have a direct involvement in the licensing or certification of, or an ownership or investment interest in, a long-term care facility or a provider of a long-term care service.

(b)  Be employed by, or participate in the management of, a long-term care facility.

(c)  Receive, or have a right to receive, directly or indirectly, remuneration, in cash or in kind, under a compensation agreement with the owner or operator of a long-term care facility.

The Department of Elderly Affairs, in consultation with the ombudsman, shall adopt rules to establish procedures to identify and eliminate conflicts of interest as described in this subsection.

History.--ss. 4, 30, ch. 93-177; s. 112, ch. 99-8; s. 122, ch. 2000-349; s. 42, ch. 2000-367.

¹Note.--As amended by s. 122, ch. 2000-349. For a description of multiple acts in the same session affecting a statutory provision, see preface to the Florida Statutes, "Statutory Construction." Paragraph (2)(i) was also amended by s. 42, ch. 2000-367, and that version reads:

(i)  Enter into a cooperative agreement with the office of state government which is responsible for investigating Medicaid fraud.