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2021 Florida Statutes (Including 2021B Session)

Title XXIX PUBLIC HEALTH
Chapter 400 NURSING HOMES AND RELATED HEALTH CARE FACILITIES Entire Chapter
SECTION 0081
Access to facilities, residents, and records.
F.S. 400.0081
400.0081 Access to facilities, residents, and records.—
(1) A long-term care facility shall provide representatives of the State Long-Term Care Ombudsman Program with access to:
(a) The long-term care facility and its residents.
(b) Where appropriate, medical and social records of a resident for review if:
1. The representative of the State Long-Term Care Ombudsman Program has the permission of the resident or the legal representative of the resident; or
2. The resident is unable to consent to the review and does not have a legal representative.
(c) Medical and social records of a resident as necessary to investigate a complaint, if:
1. A legal representative or guardian of the resident refuses to give permission;
2. The representative of the State Long-Term Care Ombudsman Program has reasonable cause to believe that the legal representative or guardian is not acting in the best interests of the resident; and
3. The representative of the State Long-Term Care Ombudsman Program obtains the approval of the state ombudsman.
(d) Administrative records, policies, and documents to which residents or the general public have access.
(e) Upon request, copies of all licensing and certification records maintained by the state with respect to a long-term care facility.
(2) The department, in consultation with the state ombudsman, may adopt rules to establish procedures to ensure access to facilities, residents, and records as described in this section.
History.—ss. 11, 30, ch. 93-177; s. 131, ch. 2000-349; s. 51, ch. 2000-367; s. 15, ch. 2006-121; s. 14, ch. 2015-31; s. 46, ch. 2016-10.