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The Florida Senate

2024 Florida Statutes

Title XXXVII INSURANCE
Chapter 651 CONTINUING CARE CONTRACTS Entire Chapter
SECTION 121
Continuing Care Advisory Council.
F.S. 651.121
651.121 Continuing Care Advisory Council.—
(1) The Continuing Care Advisory Council to the office is created consisting of 10 members appointed by the Governor and geographically representative of this state. Three members shall be representatives of facilities that hold valid certificates of authority under this chapter and have been actively engaged in the offering of continuing care contracts in this state for 5 years before appointment. The remaining members include:
(a) A representative of the business community whose expertise is in the area of management.
(b) A representative of the financial community who is not a facility owner or administrator.
(c) A certified public accountant.
(d) Four residents who hold continuing care or continuing care at-home contracts with a facility certified in this state.
(2) The term of office for each member shall be 3 years, or until the member’s successor has been appointed and qualifies.
(3) The council members shall serve without pay, but shall be reimbursed for per diem and travel expenses by the office in accordance with s. 112.061.
(4) Each prospective council member shall submit to the appointing officer a statement detailing any financial interest of 10 percent or more in one or more continuing care facilities, including, but not limited to, ownership interest in a facility, property leased to a facility, and ownership in any company providing goods or services to a facility. This statement shall include the name and address of each facility involved and the extent and character of the financial interest of the applicant. Upon appointment of the council member, this statement shall become a public document.
(5) The council shall:
(a) Meet at least once a year and, at such annual meeting, elect a chair from their number and elect or appoint a vice chair, each of whom shall hold office for 1 year and thereafter until a successor is elected and qualified.
(b) Hold other meetings at such times and places as the office or the chair of the council may direct.
(c) Keep a record of its proceedings. The books and records of the council shall be prima facie evidence of all matters reported therein and, except for proceedings conducted under s. 651.018, shall be open to inspection at all times.
(d) Act in an advisory capacity to the office on matters pertaining to the operation and regulation of continuing care facilities.
(e) Recommend to the office needed changes in statutes and rules.
(f) Upon the request of the office, assist, with any corrective action, rehabilitation or cessation of business plan of a provider.
(6) A provider shall furnish to the council, no later than 14 business days after being requested to do so by the council, all documents and information reasonably requested by the council.
(7) The council chair shall report annually the council’s findings and recommendations concerning continuing care facilities to the Executive Office of the Governor and the Commissioner of Insurance Regulation.
(8) At the council’s annual meeting, the office shall provide members with a summary and comparison of data on continuing care facilities submitted in the most recent two annual reports and a summary of the number, type, and status of complaints related to continuing care facilities which were filed with the Division of Consumer Services in the Department of Financial Services during the preceding fiscal year.
(9) The office shall notify the council by written memorandum or electronic means of proposed rule changes and scheduled rule workshops and hearings related to the administration of this chapter.
History.—s. 1, ch. 77-323; s. 171, ch. 79-164; ss. 20, 25, ch. 81-292; s. 2, ch. 81-318; s. 1, ch. 82-46; s. 3, ch. 83-265; ss. 21, 31, 32, 33, 34, 35, ch. 83-328; s. 38, ch. 85-62; s. 46, ch. 85-321; s. 58, ch. 87-226; s. 15, ch. 91-98; s. 35, ch. 91-263; s. 7, ch. 92-56; ss. 12, 13, ch. 93-22; s. 517, ch. 97-102; s. 25, ch. 97-229; s. 1695, ch. 2003-261; s. 16, ch. 2010-202; s. 16, ch. 2011-193; s. 31, ch. 2019-160.