House Bill 1539e1

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                                   CS/HB 1539, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the long-term care ombudsman

  3         program; amending s. 400.0065, F.S.; providing

  4         duty of the State Long-Term Care Ombudsman to

  5         prepare and submit annual budget requests;

  6         providing duty to enter into a cooperative

  7         agreement relating to investigation of Medicaid

  8         fraud; providing for consultation on rulemaking

  9         by the Department of Elderly Affairs relating

10         to conflict of interest; deleting provisions

11         relating to governmental interference with

12         duties of the Office of State Long-Term Care

13         Ombudsman; creating s. 400.0066, F.S.;

14         providing relationship between the office and

15         departments of state government; providing

16         responsibilty of the Department of Elderly

17         Affairs for administrative support and costs

18         for the program; amending ss. 400.0067 and

19         400.0069, F.S.; revising provisions relating to

20         appointment and terms of service of members of

21         the state and local ombudsman councils;

22         amending s. 400.0077, F.S.; providing authority

23         of the office to adopt rules relating to

24         disclosure of files maintained by the program;

25         deleting such rulemaking authority of the

26         department; amending ss. 20.41, 395.3025,

27         400.0063, 400.0071, 400.0073, 400.0075,

28         400.0079, 400.0081, 400.0083, 400.0087,

29         400.0089, 400.0091, 400.021, 400.022, 400.0255,

30         400.19, 400.191, 400.23, 400.419, 400.428,

31         400.434, 400.435, 400.4415, 400.619, and


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                                   CS/HB 1539, First Engrossed/ntc



  1         400.628, F.S.; clarifying and conforming

  2         references and cross references; providing

  3         appropriations; providing an effective date.

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  Subsection (4) of section 20.41, Florida

  8  Statutes, is amended to read:

  9         20.41  Department of Elderly Affairs.--There is created

10  a Department of Elderly Affairs.

11         (4)  The department shall administratively house the

12  State Long-Term Care Ombudsman Council, created by s.

13  400.0067, and the local district long-term care ombudsman

14  councils, created by s. 400.0069 and shall, as required by s.

15  712 of the federal Older Americans Act of 1965, ensure that

16  both the state and local district long-term care ombudsman

17  councils operate in compliance with the Older Americans Act.

18  The councils in performance of their duties shall not be

19  subject to control, supervision, or direction by the

20  department.

21         Section 2.  Paragraph (h) of subsection (4) of section

22  395.3025, Florida Statutes, is amended to read:

23         395.3025  Patient and personnel records; copies;

24  examination.--

25         (4)  Patient records are confidential and must not be

26  disclosed without the consent of the person to whom they

27  pertain, but appropriate disclosure may be made without such

28  consent to:

29         (h)  The State Long-Term Care Ombudsman Council and the

30  local district long-term care ombudsman councils, with respect

31  to the records of a patient who has been admitted from a


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                                   CS/HB 1539, First Engrossed/ntc



  1  nursing home or long-term care facility, when the councils are

  2  conducting an investigation involving the patient as

  3  authorized under part II of chapter 400, upon presentation of

  4  identification as a council member by the person making the

  5  request.  Disclosure under this paragraph shall only be made

  6  after a competent patient or the patient's representative has

  7  been advised that disclosure may be made and the patient has

  8  not objected.

  9         Section 3.  Paragraph (b) of subsection (3) of section

10  400.0063, Florida Statutes, is amended to read:

11         400.0063  Establishment of Office of State Long-Term

12  Care Ombudsman; designation of ombudsman and legal advocate.--

13         (3)

14         (b)  The duties of the legal advocate shall include,

15  but not be limited to:

16         1.  Assisting the ombudsman in carrying out the duties

17  of the office with respect to the abuse, neglect, or violation

18  of rights of residents of long-term care facilities.

19         2.  Assisting the state and local district ombudsman

20  councils in carrying out their responsibilities under this

21  part.

22         3.  Initiating and prosecuting legal and equitable

23  actions to enforce the rights of long-term care facility

24  residents as defined in this chapter.

25         4.  Serving as legal counsel to the state and local

26  district ombudsman councils, or individual members thereof,

27  against whom any suit or other legal action is initiated in

28  connection with the performance of the official duties of the

29  councils or an individual member.

30

31


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                                   CS/HB 1539, First Engrossed/ntc



  1         Section 4.  Paragraph (f) of subsection (1) and

  2  subsections (2) and (3) of section 400.0065, Florida Statutes,

  3  are amended to read:

  4         400.0065  State Long-Term Care Ombudsman; duties and

  5  responsibilities; conflict of interest.--

  6         (1)  The purpose of the Office of State Long-Term Care

  7  Ombudsman shall be to:

  8         (f)  Provide administrative and technical assistance to

  9  state and local district ombudsman councils.

10         (2)  The State Long-Term Care Ombudsman shall have the

11  duty and authority to:

12         (a)  Assist and support the efforts of the State

13  Long-Term Care Ombudsman Council in the establishment and

14  coordination of local district ombudsman councils throughout

15  the state.

16         (b)  Perform the duties specified in state and federal

17  law, rules, and regulations.

18         (c)  Within the limits of federal and state funding

19  authorized and appropriated, employ such personnel, including

20  staff for local district ombudsman councils, as are necessary

21  to perform adequately the functions of the office and provide

22  or contract for legal services to assist the state and local

23  district ombudsman councils in the performance of their

24  duties.  Staff positions for each local district ombudsman

25  council may be established as career service positions, and

26  shall be filled by the ombudsman after in consultation with

27  the respective local district ombudsman council.

28         (d)  Contract for services necessary to carry out the

29  activities of the office.

30         (e)  Apply for, receive, and accept grants, gifts, or

31  other payments, including, but not limited to, real property,


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                                   CS/HB 1539, First Engrossed/ntc



  1  personal property, and services from a governmental entity or

  2  other public or private entity or person, and make

  3  arrangements for the use of such grants, gifts, or payments.

  4         (f)  Annually prepare a budget request that shall be

  5  submitted to the Governor by the department for transmittal to

  6  the Legislature.

  7         (f)  Perform the duties specified in state and federal

  8  law without interference by officials of the Department of

  9  Elderly Affairs, the Agency for Health Care Administration, or

10  the Department of Children and Family Services. The ombudsman

11  shall report to the Governor, the President of the Senate, and

12  the Speaker of the House of Representatives whenever

13  organizational or departmental policy issues threaten the

14  ability of the Office of State Long-Term Care Ombudsman to

15  carry out its duties under state or federal law.

16         (g)  Coordinate, to the greatest extent possible, state

17  and local district ombudsman services with the protection and

18  advocacy systems for individuals with developmental

19  disabilities and mental illnesses and with legal assistance

20  programs for the poor through adoption of memoranda of

21  understanding and other means.

22         (h)  Enter into a cooperative agreement with the

23  statewide and district human rights advocacy committees for

24  the purpose of coordinating advocacy services provided to

25  residents of long-term care facilities.

26         (i)  Enter into a cooperative agreement with the

27  Medicaid Fraud Division as prescribed under s. 731(e)(2)(B) of

28  the Older Americans Act.

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

30         (a)  Have a direct involvement in the licensing or

31  certification of, or an ownership or investment interest in, a


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                                   CS/HB 1539, First Engrossed/ntc



  1  long-term care facility or a provider of a long-term care

  2  service.

  3         (b)  Be employed by, or participate in the management

  4  of, a long-term care facility.

  5         (c)  Receive, or have a right to receive, directly or

  6  indirectly, remuneration, in cash or in kind, under a

  7  compensation agreement with the owner or operator of a

  8  long-term care facility.

  9

10  The Department of Elderly Affairs, in consultation with

11  ombudsman, shall adopt rules to establish procedures to

12  identify and eliminate conflicts of interest as described in

13  this subsection.

14         Section 5.  Section 400.0066, Florida Statutes, is

15  created to read:

16         400.0066  Office of State Long-Term Care Ombudsman and

17  departments of state government.--

18         (1)  The State Long-Term Care Ombudsman shall perform

19  the duties specified in state and federal law.

20         (2)  Officials from the Department of Elderly Affairs,

21  the Agency for Health Care Administration, and the Department

22  of Children and Family Services shall not interfere in the

23  performance of official duties of any ombudsman staff or

24  volunteers.

25         (3)  The Department of Elderly Affairs shall provide

26  administrative support to the long-term care ombudsman

27  program, including:

28         (a)  Office space for state and local ombudsman

29  councils.

30         (b)  Assistance with personnel, accounting, and

31  management information systems.


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                                   CS/HB 1539, First Engrossed/ntc



  1         (4)  The Department of Elderly Affairs shall meet the

  2  costs associated with these functions from funds appropriated

  3  to the department.

  4         (5)  The Department of Elderly Affairs shall include

  5  the costs associated with support of the long-term care

  6  ombudsman program in developing its budget requests for

  7  consideration by the Governor and submittal to the

  8  Legislature.

  9         (6)  The Department of Elderly Affairs may divert from

10  the federal ombudsman appropriation an amount equal to the

11  department's administrative cost ratio, not to exceed 10

12  percent of the federal appropriation, for the ombudsman.  The

13  remaining ninety percent or more of the allotment from the

14  Older Americans Act Program shall be expended on direct

15  ombudsman activities.

16         Section 6.  Section 400.0067, Florida Statutes, is

17  amended to read:

18         400.0067  Establishment of State Long-Term Care

19  Ombudsman Council; duties; membership.--

20         (1)  There is created within the Office of State

21  Long-Term Care Ombudsman, the State Long-Term Care Ombudsman

22  Council.

23         (2)  The State Long-Term Care Ombudsman Council shall:

24         (a)  Assist the ombudsman in reaching a consensus among

25  local district ombudsman councils on issues of statewide

26  concern.

27         (b)  Serve as an appellate body in receiving from the

28  local district ombudsman councils complaints not resolved at

29  the local district level.  The state ombudsman council may

30  enter any long-term care facility involved in an appeal,

31  pursuant to the conditions specified in s. 400.0069(3).


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                                   CS/HB 1539, First Engrossed/ntc



  1         (c)  Assist the ombudsman to discover, investigate, and

  2  determine the existence of abuse or neglect in any long-term

  3  care facility and to develop procedures, in consultation with

  4  the Department of Elderly Affairs, relating to such

  5  investigations. Investigations may consist, in part, of one or

  6  more onsite administrative inspections.

  7         (d)  Assist the ombudsman in eliciting, receiving,

  8  responding to, and resolving complaints made by or on behalf

  9  of long-term care facility residents and in developing

10  procedures, in consultation with the Department of Elderly

11  Affairs, relating to the receipt and resolution of such

12  complaints.

13         (e)  Elicit and coordinate state, local, and voluntary

14  organizational assistance for the purpose of improving the

15  care received by residents of a long-term care facility.

16         (f)  Be authorized to call upon appropriate agencies of

17  state government for such professional assistance as may be

18  needed in the discharge of its duties, including assistance

19  from the adult protective services program of the Department

20  of Children and Family Services.

21         (g)  Enter into a cooperative agreement with the

22  statewide and district human rights advocacy committees for

23  the purpose of coordinating advocacy services provided to

24  residents of long-term care facilities.

25         (g)(h)  Prepare an annual report describing the

26  activities carried out by the ombudsman and the State

27  Long-Term Care Ombudsman Council in the year for which the

28  report is prepared.  The State Long-Term Care Ombudsman

29  Council shall submit the report to the Commissioner of the

30  United States Administration on Aging, the Governor, the

31  President of the Senate, the Speaker of the House of


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                                   CS/HB 1539, First Engrossed/ntc



  1  Representatives, the minority leaders of the House and Senate,

  2  the chairpersons of appropriate House and Senate committees,

  3  the Secretaries of Elderly Affairs and Children and Family

  4  Services, and the Director of Health Care Administration.  The

  5  report shall be submitted at least 30 days before the

  6  convening of the regular session of the Legislature and shall,

  7  at a minimum:

  8         1.  Contain and analyze data collected concerning

  9  complaints about and conditions in long-term care facilities.

10         2.  Evaluate the problems experienced by residents of

11  long-term care facilities.

12         3.  Contain recommendations for improving the quality

13  of life of the residents and for protecting the health,

14  safety, welfare, and rights of the residents.

15         4.  Analyze the success of the ombudsman program during

16  the preceding year and identify the barriers that prevent the

17  optimal operation of the program.  The report of the program's

18  successes shall also address the relationship between the

19  state long-term care ombudsman program, the Department of

20  Elderly Affairs, the Agency for Health Care Administration,

21  and the Department of Children and Family Services, and an

22  assessment of how successfully the state long-term care

23  ombudsman program has carried out its responsibilities under

24  the Older Americans Act.

25         5.  Provide policy and regulatory and legislative

26  recommendations to solve identified problems; resolve

27  residents' complaints; improve the quality of care and life of

28  the residents; protect the health, safety, welfare, and rights

29  of the residents; and remove the barriers to the optimal

30  operation of the state long-term care ombudsman program.

31


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                                   CS/HB 1539, First Engrossed/ntc



  1         6.  Contain recommendations from the local district

  2  ombudsman councils regarding program functions and activities.

  3         7.  Include a report on the activities of the legal

  4  advocate and other legal advocates acting on behalf of the

  5  local district and state councils.

  6         (3)(a)  The State Long-Term Care Ombudsman Council

  7  shall be composed of: one active local council member

  8  designated by each local council and three persons appointed

  9  by the Governor. a number of members equal to the number of

10  district councils in the state plus three.  Each district

11  ombudsman council, including the ombudsman councils for

12  subdistricts 3A and 3B, shall appoint one member and the

13  Governor shall appoint three members to the State Long-Term

14  Care Ombudsman Council.  An individual designated by a

15  district ombudsman council must have been a member of a

16  district ombudsman council for at least 1 year, and shall

17  continue to serve as an active member at the district level.

18  The Governor's appointments shall be made from a list of not

19  fewer than eight nominees, to be selected by the secretary in

20  consultation with the State Long-Term Care Ombudsman Council

21  and submitted to the Governor.  If the appointments are not

22  made within 30 days after the Governor receives the list of

23  nominees, the secretary shall, in consultation with the State

24  Long-Term Care Ombudsman Council, appoint three members from

25  the list of nominees submitted to the Governor.  At least one

26  member appointed by the Governor must be over 60 years of age.

27         (b)1.  The ombudsman, in consultation with the

28  secretary and the state ombudsman council, shall submit a list

29  of at least eight names to the Governor of persons not serving

30  on a local council.

31


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                                   CS/HB 1539, First Engrossed/ntc



  1         2.  The Governor shall appoint three members from the

  2  list, at least one of whom must be over 60 years of age.

  3         3.  If the Governor's appointments are not made within

  4  60 days after the ombudsman submits the list, the ombudsman,

  5  in consultation with the state ombudsman council, shall

  6  appoint three members, at least one of whom must be over 60

  7  years of age.

  8         (c)(b)  All members shall be appointed to serve 3-year

  9  terms. A member of the state ombudsman council may not serve

10  more than two consecutive terms. Any vacancy shall be filled

11  in the same manner as the original appointment.  The position

12  of any member missing three consecutive regular meetings

13  without cause shall be declared vacant. The findings of the

14  ombudsman regarding cause shall be final and binding.

15         (d)(c)  The state ombudsman council shall elect a

16  chairperson for a term of 1 year from among the members who

17  have served for at least 1 year.  The chairperson shall select

18  a vice chairperson from among the members.  The vice

19  chairperson shall preside over the council in the absence of

20  the chairperson.

21         (e)(d)  The state ombudsman council shall meet upon the

22  call of the chairperson, at least quarterly or more frequently

23  as needed.

24         (f)(e)  Members shall receive no compensation but shall

25  be reimbursed for per diem and travel expenses as provided in

26  s. 112.061.

27         (4)  Members shall be appointed and serve 3-year terms

28  as provided by this section.

29         (4)(5)  No officer, employee, or representative of the

30  Office of State Long-Term Care Ombudsman or of the State

31  Long-Term Care Ombudsman Council, nor any member of the


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                                   CS/HB 1539, First Engrossed/ntc



  1  immediate family of such officer, employee, or representative,

  2  may have a conflict of interest.  The Department of Elderly

  3  Affairs, in consultation with The ombudsman, shall adopt rules

  4  to identify and remove conflicts of interest.

  5         (5)(6)  The Department of Elderly Affairs shall make a

  6  separate and distinct request for an appropriation for all

  7  expenses for the state and local district ombudsman councils.

  8         Section 7.  Section 400.0069, Florida Statutes, is

  9  amended to read:

10         400.0069  Local District long-term care ombudsman

11  councils; duties; membership.--

12         (1)  There shall be at least one long-term care

13  ombudsman council in each of the planning and service areas of

14  the Department of Elderly Affairs, which shall function under

15  the direction of the ombudsman and the state ombudsman

16  council.

17         (2)  The duties of the local district ombudsman council

18  are:

19         (a)  To serve as a third-party mechanism for protecting

20  the health, safety, welfare, and civil and human rights of

21  residents of a long-term care facility.

22         (b)  To discover, investigate, and determine the

23  existence of abuse or neglect in any long-term care facility

24  and to use the procedures provided for in ss. 415.101-415.113

25  when applicable. Investigations may consist, in part, of one

26  or more onsite administrative inspections.

27         (c)  To elicit, receive, investigate, respond to, and

28  resolve complaints made by, or on behalf of, long-term care

29  facility residents.

30         (d)  To review and, if necessary, to comment on, for

31  their effect on the rights of long-term care facility


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                                   CS/HB 1539, First Engrossed/ntc



  1  residents, all existing or proposed rules, regulations, and

  2  other governmental policies relating to long-term care

  3  facilities.

  4         (e)  To review personal property and money accounts of

  5  Medicaid residents pursuant to an investigation to obtain

  6  information regarding a specific complaint or problem.

  7         (f)  To represent the interests of residents before

  8  government agencies and to seek administrative, legal, and

  9  other remedies to protect the health, safety, welfare, and

10  rights of the residents.

11         (g)  To carry out other activities that the ombudsman

12  determines to be appropriate.

13         (3)  In order to carry out the duties specified in

14  subsection (2), the local district ombudsman council is

15  authorized, pursuant to ss. 400.19(1) and 400.434, to enter

16  any long-term care facility without notice or first obtaining

17  a warrant, subject to the provisions of s. 400.0073(5).

18         (4)  Each local district ombudsman council shall be

19  composed of no less than 15 members and no more than 30

20  members from the local planning and service area district, to

21  include the following:  one medical or osteopathic physician

22  whose practice includes or has included a substantial number

23  of geriatric patients and who may have limited practice in a

24  long-term care facility; one registered nurse who has

25  geriatric experience, if possible; one licensed pharmacist;

26  one registered dietitian; at least six nursing home residents

27  or representative consumer advocates for nursing home

28  residents; at least three residents of assisted living

29  facilities or adult family-care homes or three representative

30  consumer advocates for long-term care facility residents; one

31  attorney; and one professional social worker.  In no case


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                                   CS/HB 1539, First Engrossed/ntc



  1  shall the medical director of a long-term care facility or an

  2  employee of the Agency for Health Care Administration, the

  3  Department of Children and Family Services, or the Department

  4  of Elderly Affairs serve as a member or as an ex officio

  5  member of a council.  Each member of the council shall certify

  6  that neither the council member nor any member of the council

  7  member's immediate family has any conflict of interest

  8  pursuant to subsection (10).  Local District ombudsman

  9  councils are encouraged to recruit council members who are 60

10  years of age or older.

11         (5)  All members shall be appointed to serve 3-year

12  terms.  Upon expiration of a term and in case of any other

13  vacancy, the council shall select appoint a replacement by

14  majority vote of the council, subject to the approval of the

15  Governor. The ombudsman shall review the selection of the

16  council and recommend approval or disapproval to the Governor.

17  If no action is taken by the Governor to approve or disapprove

18  the replacement of a member within 30 days after the ombudsman

19  council has notified the Governor of his or her

20  recommendation, the appointment, the appointment of the

21  replacement shall be considered disapproved and the process

22  for selection of a replacement shall be repeated approved. The

23  term of any member missing three consecutive regular meetings

24  without cause shall be declared vacant.

25         (6)  The local district ombudsman council shall elect a

26  chair for a term of 1 year from members who have served at

27  least 1 year.  The chair shall select a vice chair from among

28  the members of the council.  The vice chair shall preside over

29  the council in the absence of the chair.

30         (7)  The local district ombudsman council shall meet

31  upon the call of the chair or the ombudsman, at least once a


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  1  month or more frequently as needed to handle emergency

  2  situations.

  3         (8)  A member of a local district ombudsman council

  4  shall receive no compensation but shall be reimbursed for

  5  travel expenses both within and outside the county of

  6  residence in accordance with the provisions of s. 112.061.

  7         (9)  The local district ombudsman councils are

  8  authorized to call upon appropriate agencies of state

  9  government for such professional assistance as may be needed

10  in the discharge of their duties. All state agencies shall

11  cooperate with the local district ombudsman councils in

12  providing requested information and agency representatives at

13  council meetings. The Department of Children and Family

14  Services shall continue to provide space and in-kind

15  administrative support for each district ombudsman council

16  staff within available resources until the Legislature

17  appropriates funds for office space and administrative

18  support.

19         (10)  No officer, employee, or representative of a

20  local district long-term care ombudsman council, nor any

21  member of the immediate family of such officer, employee, or

22  representative, may have a conflict of interest. The

23  Department of Elderly Affairs, in consultation with The

24  ombudsman, shall adopt rules to identify and remove conflicts

25  of interest.

26         Section 8.  Section 400.0071, Florida Statutes, is

27  amended to read:

28         400.0071  Complaint procedures.--

29         (1)  The state ombudsman council shall establish state

30  and local district procedures for receiving complaints against

31  a nursing home or long-term care facility or its employee.


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  1         (2)  These procedures shall be posted in full view in

  2  every nursing home or long-term care facility.  Every resident

  3  or representative of a resident shall receive, upon admission

  4  to a nursing home or long-term care facility, a printed copy

  5  of the procedures of the state and the local district

  6  ombudsman councils.

  7         Section 9.  Subsections (1), (2), (3), and (4) of

  8  section 400.0073, Florida Statutes, are amended to read:

  9         400.0073  State and local district ombudsman council

10  investigations.--

11         (1)  A local district ombudsman council shall

12  investigate any complaint of a resident or representative of a

13  resident based on an action by an administrator or employee of

14  a nursing home or long-term care facility which might be:

15         (a)  Contrary to law.

16         (b)  Unreasonable, unfair, oppressive, or unnecessarily

17  discriminatory, even though in accordance with law.

18         (c)  Based on a mistake of fact.

19         (d)  Based on improper or irrelevant grounds.

20         (e)  Unaccompanied by an adequate statement of reasons.

21         (f)  Performed in an inefficient manner.

22         (g)  Otherwise erroneous.

23         (2)  In an investigation, both the state and local

24  district ombudsman councils have the authority to hold

25  hearings.

26         (3)  Subsequent to an appeal from a local district

27  ombudsman council, the state ombudsman council may investigate

28  any nursing home or long-term care facility.

29         (4)  In addition to any specific investigation made

30  pursuant to a complaint, the local district ombudsman council

31  shall conduct, at least annually, an investigation, which


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                                   CS/HB 1539, First Engrossed/ntc



  1  shall consist, in part, of an onsite administrative

  2  inspection, of each nursing home or long-term care facility

  3  within its jurisdiction.

  4         Section 10.  Section 400.0075, Florida Statutes, is

  5  amended to read:

  6         400.0075  Complaint resolution procedures.--

  7         (1)  Any complaint, including any problem identified by

  8  an ombudsman council as a result of an investigation, deemed

  9  valid and requiring remedial action by the local district

10  ombudsman council shall be identified and brought to the

11  attention of the long-term care facility administrator in

12  writing.  Upon receipt of such document, the administrator, in

13  concurrence with the local district ombudsman council chair,

14  shall establish target dates for taking appropriate remedial

15  action.  If, by the target date, the remedial action is not

16  completed or forthcoming, the local district ombudsman council

17  may:

18         (a)  Extend the target date if the council has reason

19  to believe such action would facilitate the resolution of the

20  complaint.

21         (b)  In accordance with s. 400.0077, publicize the

22  complaint, the recommendations of the council, and the

23  response of the long-term care facility.

24         (c)  Refer the complaint to the state ombudsman

25  council.

26

27  If the health, safety, welfare, or rights of the resident are

28  in imminent danger, the local district long-term care

29  ombudsman council may seek immediate legal or administrative

30  remedies to protect the resident.

31


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                                   CS/HB 1539, First Engrossed/ntc



  1         (2)  Upon referral from the local district ombudsman

  2  council, the state ombudsman council shall assume the

  3  responsibility for the disposition of the complaint.  If a

  4  long-term care facility fails to take action on a complaint

  5  found valid by the state ombudsman council, the state council

  6  may:

  7         (a)  In accordance with s. 400.0077, publicize the

  8  complaint, the recommendations of the council, and the

  9  response of the long-term care facility.

10         (b)  Recommend to the agency a series of facility

11  reviews pursuant to s. 400.19(4) to assure correction and

12  nonrecurrence of conditions that give rise to complaints

13  against a long-term care facility.

14         (c)  Recommend to the agency changes in rules for

15  inspecting and licensing or certifying long-term care

16  facilities, and recommend to the Agency for Health Care

17  Administration changes in rules for licensing and regulating

18  long-term care facilities.

19         (d)  Refer the complaint to the state attorney for

20  prosecution if there is reason to believe the long-term care

21  facility or its employee is guilty of a criminal act.

22         (e)  Recommend to the Agency for Health Care

23  Administration that the long-term care facility no longer

24  receive payments under the State Medical Assistance Program

25  (Medicaid).

26         (f)  Recommend that the agency initiate procedures for

27  revocation of license in accordance with chapter 120.

28         (g)  Seek legal, administrative, or other remedies to

29  protect the health, safety, welfare, or rights of the

30  resident.

31


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                                   CS/HB 1539, First Engrossed/ntc



  1  If the health, safety, welfare, or rights of the resident are

  2  in imminent danger, the State Long-Term Care Ombudsman Council

  3  shall seek immediate legal or administrative remedies to

  4  protect the resident.

  5         (3)  The state ombudsman council shall provide, as part

  6  of its annual report required pursuant to s.

  7  400.0067(2)(g)(h), information relating to the disposition of

  8  all complaints to the Department of Elderly Affairs.

  9         Section 11.  Paragraph (a) of subsection (1) and

10  subsections (4) and (5) of section 400.0077, Florida Statutes,

11  are amended to read:

12         400.0077  Confidentiality.--

13         (1)  The following are confidential and exempt from the

14  provisions of s. 119.07(1):

15         (a)  Resident records held by the ombudsman or by the

16  state or a local district ombudsman council.

17         (4)  Members of any state or local district ombudsman

18  council shall not be required to testify in any court with

19  respect to matters held to be confidential under s. 400.414

20  except as may be necessary to enforce the provisions of this

21  act.

22         (5)  Subject to the provisions of this section, the

23  Office of State Long-Term Care Ombudsman Department of Elderly

24  Affairs, in consultation with the ombudsman and the State

25  Long-Term Care Ombudsman Council, shall adopt rules for the

26  disclosure by the ombudsman or local district ombudsman

27  councils of files maintained by the program.

28         Section 12.  Subsection (2) of section 400.0079,

29  Florida Statutes, is amended to read:

30         400.0079  Immunity.--

31


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                                   CS/HB 1539, First Engrossed/ntc



  1         (2)  The ombudsman or any person acting on behalf of

  2  the Office of State Long-Term Care Ombudsman or the state or a

  3  local district long-term care ombudsman council shall be

  4  immune from any liability, civil or criminal, that otherwise

  5  might be incurred or imposed, during the good faith

  6  performance of official duties.

  7         Section 13.  Subsections (1) and (2) of section

  8  400.0081, Florida Statutes, are amended to read:

  9         400.0081  Access.--

10         (1)  The Office of State Long-Term Care Ombudsman, the

11  State Long-Term Care Ombudsman Council, and the local district

12  long-term care ombudsman councils, or their representatives,

13  shall have access to:

14         (a)  Long-term care facilities and residents.

15         (b)  Medical and social records of a resident for

16  review, if:

17         1.  The office has the permission of the resident or

18  the legal representative of the resident; or

19         2.  The resident is unable to consent to the review and

20  has no legal representative.

21         (c)  Medical and social records of the resident as

22  necessary to investigate a complaint, if:

23         1.  A legal guardian of the resident refuses to give

24  permission.

25         2.  The office has reasonable cause to believe that the

26  guardian is not acting in the best interests of the resident.

27         3.  The representative obtains the approval of the

28  ombudsman.

29         (d)  The administrative records, policies, and

30  documents to which the residents, or the general public, have

31  access.


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                                   CS/HB 1539, First Engrossed/ntc



  1         (e)  Upon request, copies of all licensing and

  2  certification records maintained by the state with respect to

  3  a long-term care facility.

  4         (2)  Notwithstanding paragraph (1)(b), if, pursuant to

  5  a complaint investigation by the state ombudsman council or a

  6  local district ombudsman council, the legal representative of

  7  the resident refuses to give permission for the release of the

  8  resident's records, and if the Office of the State Long-Term

  9  Care Ombudsman Council has reasonable cause to find that the

10  legal representative is not acting in the best interests of

11  the resident, the medical and social records of the resident

12  must be made available to the state or local district council

13  as is necessary for the members of the council to investigate

14  the complaint.

15         Section 14.  Subsections (1) and (2) of section

16  400.0083, Florida Statutes, are amended to read:

17         400.0083  Interference; retaliation; penalties.--

18         (1)  It shall be unlawful for any person, long-term

19  care facility, or other entity to willfully interfere with a

20  representative of the Office of the State Long-Term Care

21  Ombudsman, the State Long-Term Care Ombudsman Council, or a

22  local district long-term care ombudsman council in the

23  performance of official duties.

24         (2)  It shall be unlawful for any person, long-term

25  care facility, or other entity to retaliate against any

26  resident, employee, or other person for filing a complaint

27  with, providing information to, or otherwise cooperating with

28  any representative of the Office of the State Long-Term Care

29  Ombudsman, the State Long-Term Care Ombudsman Council, or a

30  local district long-term care ombudsman council.

31


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                                   CS/HB 1539, First Engrossed/ntc



  1         Section 15.  Section 400.0087, Florida Statutes, is

  2  amended to read:

  3         400.0087  Agency oversight.--

  4         (1)  The Department of Elderly Affairs shall monitor

  5  the local district ombudsman councils responsible for carrying

  6  out the duties delegated by s. 400.0069 and federal law.  The

  7  department, in consultation with the ombudsman and the State

  8  Long-Term Care Ombudsman Council, shall adopt rules to

  9  establish the policies and procedures for the monitoring of

10  local district ombudsman councils.

11         (2)  The department is responsible for ensuring that

12  the Office of State Long-Term Care Ombudsman prepares its

13  annual report; provides information to public and private

14  agencies, legislators, and others; provides appropriate

15  training to representatives of the office or of the state or

16  local district long-term care ombudsman councils; and

17  coordinates ombudsman services with the Advocacy Center for

18  Persons with Disabilities and with providers of legal services

19  to residents of long-term care facilities in compliance with

20  state and federal laws.

21         (3)  The Department of Elderly Affairs is the

22  designated state unit on aging for purposes of complying with

23  the federal Older Americans Act. The Department of Elderly

24  Affairs shall ensure that the ombudsman program has the

25  objectivity and independence required to qualify it for

26  funding under the federal Older Americans Act, and shall carry

27  out the long-term care ombudsman program through the Office of

28  the State Long-Term Care Ombudsman Council.  The Department of

29  Elderly Affairs shall also:

30

31


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                                   CS/HB 1539, First Engrossed/ntc



  1         (a)  Receive and disburse state and federal funds for

  2  purposes that the state ombudsman council has formulated in

  3  accordance with the Older Americans Act.

  4         (b)  Act as liaison between the federal program

  5  representatives, the staffs of the state and local district

  6  ombudsman councils, and members of the state and local

  7  district ombudsman councils.

  8         Section 16.  Section 400.0089, Florida Statutes, is

  9  amended to read:

10         400.0089  Agency reports.--The State Long-Term Care

11  Ombudsman Council, shall, in cooperation with the Department

12  of Elderly Affairs, maintain a statewide uniform reporting

13  system to collect and analyze data relating to complaints and

14  conditions in long-term care facilities and to residents, for

15  the purpose of identifying and resolving significant problems.

16  The council shall submit such data as part of its annual

17  report required pursuant to s. 400.0067(2)(g)(h) to the Agency

18  for Health Care Administration, the Department of Children and

19  Family Services, the Statewide Human Rights Advocacy

20  Committee, the Advocacy Center for Persons with Disabilities,

21  the Commissioner for the United States Administration on

22  Aging, the National Ombudsman Resource Center, and any other

23  state or federal entities that the ombudsman determines

24  appropriate.

25         Section 17.  Section 400.0091, Florida Statutes, is

26  amended to read:

27         400.0091  Training.--The ombudsman shall provide

28  appropriate training to all employees of the Office of State

29  Long-Term Care Ombudsman and to the state and local district

30  long-term care ombudsman councils, including all unpaid

31  volunteers.  The ombudsman shall implement the training


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                                   CS/HB 1539, First Engrossed/ntc



  1  program no later than June 1, 1994.  No employee, officer, or

  2  representative of the office or of the state or local district

  3  long-term care ombudsman councils, other than the ombudsman,

  4  may carry out any authorized ombudsman duty or responsibility

  5  unless the person has received the training required by this

  6  section and has been approved by the ombudsman as qualified to

  7  carry out ombudsman activities on behalf of the office or the

  8  state or local district long-term care ombudsman councils.

  9         Section 18.  Present subsections (8), (9), and (10) of

10  section 400.021, Florida Statutes, are renumbered as

11  subsections (7), (8), and (9), respectively, and present

12  subsection (7) is renumbered as subsection (10) and amended to

13  read:

14         400.021  Definitions.--When used in this part, unless

15  the context otherwise requires, the term:

16         (10) (7)  "Local District ombudsman council" means a

17  local district long-term care ombudsman council established

18  pursuant to s. 400.0069, located within the Older Americans

19  Act planning and service areas.

20         Section 19.  Paragraph (c) of subsection (1) and

21  subsections (2) and (3) of section 400.022, Florida Statutes,

22  are amended to read:

23         400.022  Residents' rights.--

24         (1)  All licensees of nursing home facilities shall

25  adopt and make public a statement of the rights and

26  responsibilities of the residents of such facilities and shall

27  treat such residents in accordance with the provisions of that

28  statement.  The statement shall assure each resident the

29  following:

30         (c)  Any entity or individual that provides health,

31  social, legal, or other services to a resident has the right


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                                   CS/HB 1539, First Engrossed/ntc



  1  to have reasonable access to the resident.  The resident has

  2  the right to deny or withdraw consent to access at any time by

  3  any entity or individual. Notwithstanding the visiting policy

  4  of the facility, the following individuals must be permitted

  5  immediate access to the resident:

  6         1.  Any representative of the federal or state

  7  government, including, but not limited to, representatives of

  8  the Department of Children and Family Services, the Department

  9  of Health, the Agency for Health Care Administration, the

10  Office of the Attorney General, and the Department of Elderly

11  Affairs; any law enforcement officer; members of the state or

12  local district ombudsman council; and the resident's

13  individual physician.

14         2.  Subject to the resident's right to deny or withdraw

15  consent, immediate family or other relatives of the resident.

16

17  The facility must allow representatives of the State Long-Term

18  Care Ombudsman Council to examine a resident's clinical

19  records with the permission of the resident or the resident's

20  legal representative and consistent with state law.

21         (2)  The licensee for each nursing home shall orally

22  inform the resident of the resident's rights and provide a

23  copy of the statement required by subsection (1) to each

24  resident or the resident's legal representative at or before

25  the resident's admission to a facility.  The licensee shall

26  provide a copy of the resident's rights to each staff member

27  of the facility.  Each such licensee shall prepare a written

28  plan and provide appropriate staff training to implement the

29  provisions of this section.  The written statement of rights

30  must include a statement that a resident may file a complaint

31  with the agency or local district ombudsman council. The


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                                   CS/HB 1539, First Engrossed/ntc



  1  statement must be in boldfaced type and shall include the

  2  name, address, and telephone numbers of the local district

  3  ombudsman council and adult abuse registry where complaints

  4  may be lodged.

  5         (3)  Any violation of the resident's rights set forth

  6  in this section shall constitute grounds for action by the

  7  agency under the provisions of s. 400.102.  In order to

  8  determine whether the licensee is adequately protecting

  9  residents' rights, the annual inspection of the facility shall

10  include private informal conversations with a sample of

11  residents to discuss residents' experiences within the

12  facility with respect to rights specified in this section and

13  general compliance with standards, and consultation with the

14  ombudsman council in the local district in which the nursing

15  home is located.

16         Section 20.  Subsections (8), (9), (11), (12), (13),

17  and (14) of section 400.0255, Florida Statutes, are amended to

18  read:

19         400.0255  Resident transfer or discharge; requirements

20  and procedures; hearings.--

21         (8)  The notice required by subsection (7) must be in

22  writing and must contain all information required by state and

23  federal law, rules, or regulations applicable to Medicaid or

24  Medicare cases. The agency shall develop a standard document

25  to be used by all facilities licensed under this part for

26  purposes of notifying residents of a discharge or transfer.

27  Such document must include a means for a resident to request

28  the local district long-term care ombudsman council to review

29  the notice and request information about or assistance with

30  initiating a fair hearing with the department's Office of

31  Appeals Hearings. In addition to any other pertinent


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                                   CS/HB 1539, First Engrossed/ntc



  1  information included, the form shall specify the reason

  2  allowed under federal or state law that the resident is being

  3  discharged or transferred, with an explanation to support this

  4  action. Further, the form shall state the effective date of

  5  the discharge or transfer and the location to which the

  6  resident is being discharged or transferred. The form shall

  7  clearly describe the resident's appeal rights and the

  8  procedures for filing an appeal, including the right to

  9  request the local district ombudsman council to review the

10  notice of discharge or transfer. A copy of the notice must be

11  placed in the resident's clinical record, and a copy must be

12  transmitted to the resident's legal guardian or representative

13  and to the local district ombudsman council.

14         (9)  A resident may request that the local district

15  ombudsman council review any notice of discharge or transfer

16  given to the resident. When requested by a resident to review

17  a notice of discharge or transfer, the local district

18  ombudsman council shall do so within 7 days after receipt of

19  the request. The nursing home administrator, or the

20  administrator's designee, must forward the request for review

21  contained in the notice to the local district ombudsman

22  council within 24 hours after such request is submitted.

23  Failure to forward the request within 24 hours after the

24  request is submitted shall toll the running of the 30-day

25  advance notice period until the request has been forwarded.

26         (11)  Notwithstanding paragraph (10)(b), an emergency

27  discharge or transfer may be implemented as necessary pursuant

28  to state or federal law during the period of time after the

29  notice is given and before the time a hearing decision is

30  rendered. Notice of an emergency discharge or transfer to the

31  resident, the resident's legal guardian or representative, and


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                                   CS/HB 1539, First Engrossed/ntc



  1  the local district ombudsman council if requested pursuant to

  2  subsection (9) must be by telephone or in person. This notice

  3  shall be given before the transfer, if possible, or as soon

  4  thereafter as practicable. A local district ombudsman council

  5  conducting a review under this subsection shall do so within

  6  24 hours after receipt of the request. The resident's file

  7  must be documented to show who was contacted, whether the

  8  contact was by telephone or in person, and the date and time

  9  of the contact. If the notice is not given in writing, written

10  notice meeting the requirements of subsection (8) must be

11  given the next working day.

12         (12)  After receipt of any notice required under this

13  section, the local district ombudsman council may request a

14  private informal conversation with a resident to whom the

15  notice is directed, and, if known, a family member or the

16  resident's legal guardian or designee, to ensure that the

17  facility is proceeding with the discharge or transfer in

18  accordance with the requirements of this section. If

19  requested, the local district ombudsman council shall assist

20  the resident with filing an appeal of the proposed discharge

21  or transfer.

22         (13)  The following persons must be present at all

23  hearings authorized under this section:

24         (a)  The resident, or the resident's legal

25  representative or designee.

26         (b)  The facility administrator, or the facility's

27  legal representative or designee.

28

29  A representative of the local district long-term care

30  ombudsman council may be present at all hearings authorized by

31  this section.


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                                   CS/HB 1539, First Engrossed/ntc



  1         (14)  In any hearing under this section, the following

  2  information concerning the parties shall be confidential and

  3  exempt from the provisions of s. 119.07(1):

  4         (a)  Names and addresses.

  5         (b)  Medical services provided.

  6         (c)  Social and economic conditions or circumstances.

  7         (d)  Evaluation of personal information.

  8         (e)  Medical data, including diagnosis and past history

  9  of disease or disability.

10         (f)  Any information received verifying income

11  eligibility and amount of medical assistance payments.  Income

12  information received from the Social Security Administration

13  or the Internal Revenue Service must be safeguarded according

14  to the requirements of the agency that furnished the data.

15

16  The exemption created by this subsection does not prohibit

17  access to such information by a local district long-term care

18  ombudsman council upon request, by a reviewing court if such

19  information is required to be part of the record upon

20  subsequent review, or as specified in s. 24(a), Art. I of the

21  State Constitution.

22         Section 21.  Subsection (1) of section 400.19, Florida

23  Statutes, is amended to read:

24         400.19  Right of entry and inspection.--

25         (1)  The agency and any duly designated officer or

26  employee thereof or a member of the State Long-Term Care

27  Ombudsman Council or the local district long-term care

28  ombudsman council shall have the right to enter upon and into

29  the premises of any facility licensed pursuant to this part,

30  or any distinct nursing home unit of a hospital licensed under

31  chapter 395 or any freestanding facility licensed under


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                                   CS/HB 1539, First Engrossed/ntc



  1  chapter 395 that provides extended care or other long-term

  2  care services, at any reasonable time in order to determine

  3  the state of compliance with the provisions of this part and

  4  rules in force pursuant thereto.  The right of entry and

  5  inspection shall also extend to any premises which the agency

  6  has reason to believe is being operated or maintained as a

  7  facility without a license, but no such entry or inspection of

  8  any premises shall be made without the permission of the owner

  9  or person in charge thereof, unless a warrant is first

10  obtained from the circuit court authorizing same.  Any

11  application for a facility license or renewal thereof, made

12  pursuant to this part, shall constitute permission for and

13  complete acquiescence in any entry or inspection of the

14  premises for which the license is sought, in order to

15  facilitate verification of the information submitted on or in

16  connection with the application; to discover, investigate, and

17  determine the existence of abuse or neglect; or to elicit,

18  receive, respond to, and resolve complaints. The agency shall,

19  within 60 days after receipt of a complaint made by a resident

20  or resident's representative, complete its investigation and

21  provide to the complainant its findings and resolution.

22         Section 22.  Subsection (1) of section 400.191, Florida

23  Statutes, is amended to read:

24         400.191  Availability, distribution, and posting of

25  reports and records.--

26         (1)  The agency shall provide information to the public

27  about all of the licensed nursing home facilities operating in

28  the state. The agency shall, within 60 days after an annual

29  inspection visit or within 30 days after any interim visit to

30  a facility, send copies of the inspection reports to the local

31  district long-term care ombudsman council, the agency's local


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                                   CS/HB 1539, First Engrossed/ntc



  1  office, and a public library or the county seat for the county

  2  in which the facility is located.

  3         Section 23.  Subsection (6) and paragraph (c) of

  4  subsection (7) of section 400.23, Florida Statutes, are

  5  amended to read:

  6         400.23  Rules; evaluation and deficiencies; licensure

  7  status.--

  8         (6)  Prior to conducting a survey of the facility, the

  9  survey team shall obtain a copy of the local district

10  long-term care ombudsman council report on the facility.

11  Problems noted in the report shall be incorporated into and

12  followed up through the agency's inspection process. This

13  procedure does not preclude the local district nursing home

14  and long-term care facility ombudsman council from requesting

15  the agency to conduct a followup visit to the facility.

16         (7)  The agency shall, at least every 15 months,

17  evaluate all nursing home facilities and make a determination

18  as to the degree of compliance by each licensee with the

19  established rules adopted under this part as a basis for

20  assigning a licensure status to that facility.  The agency

21  shall base its evaluation on the most recent inspection

22  report, taking into consideration findings from other official

23  reports, surveys, interviews, investigations, and inspections.

24  The agency shall assign a licensure status of standard or

25  conditional to each nursing home.

26         (c)  In evaluating the overall quality of care and

27  services and determining whether the facility will receive a

28  conditional or standard license, the agency shall consider the

29  needs and limitations of residents in the facility and the

30  results of interviews and surveys of a representative sampling

31  of residents, families of residents, ombudsman council members


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                                   CS/HB 1539, First Engrossed/ntc



  1  in the planning and service area district in which the

  2  facility is located, guardians of residents, and staff of the

  3  nursing home facility.

  4         Section 24.  Subsection (13) of section 400.419,

  5  Florida Statutes, is amended to read:

  6         400.419  Violations; administrative fines.--

  7         (13)  The agency shall develop and disseminate an

  8  annual list of all facilities sanctioned or fined $5,000 or

  9  more for violations of state standards, the number and class

10  of violations involved, the penalties imposed, and the current

11  status of cases. The list shall be disseminated, at no charge,

12  to the Department of Elderly Affairs, the Department of

13  Health, the Department of Children and Family Services, the

14  area agencies on aging, the Statewide Human Rights Advocacy

15  Committee, and the state and local district nursing home

16  ombudsman councils. The Department of Children and Family

17  Services shall disseminate the list to service providers under

18  contract to the department who are responsible for referring

19  persons to a facility for residency. The agency may charge a

20  fee commensurate with the cost of printing and postage to

21  other interested parties requesting a copy of this list.

22         Section 25.  Subsection (2) of section 400.428, Florida

23  Statutes, is amended to read:

24         400.428  Resident bill of rights.--

25         (2)  The administrator of a facility shall ensure that

26  a written notice of the rights, obligations, and prohibitions

27  set forth in this part is posted in a prominent place in each

28  facility and read or explained to residents who cannot read.

29  This notice shall include the name, address, and telephone

30  numbers of the local district ombudsman council and adult

31  abuse registry and, when applicable, the Advocacy Center for


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                                   CS/HB 1539, First Engrossed/ntc



  1  Persons with Disabilities, Inc., and the district human rights

  2  advocacy committee, where complaints may be lodged.  The

  3  facility must ensure a resident's access to a telephone to

  4  call the local district ombudsman council, adult abuse

  5  registry, Advocacy Center for Persons with Disabilities, Inc.,

  6  and district human rights advocacy committee.

  7         Section 26.  Section 400.434, Florida Statutes, is

  8  amended to read:

  9         400.434  Right of entry and inspection.--Any duly

10  designated officer or employee of the department, the

11  Department of Children and Family Services, the agency, the

12  state or local fire marshal, or a member of the state or local

13  district long-term care ombudsman council shall have the right

14  to enter unannounced upon and into the premises of any

15  facility licensed pursuant to this part in order to determine

16  the state of compliance with the provisions of this part and

17  of rules or standards in force pursuant thereto.  The right of

18  entry and inspection shall also extend to any premises which

19  the agency has reason to believe is being operated or

20  maintained as a facility without a license; but no such entry

21  or inspection of any premises may be made without the

22  permission of the owner or person in charge thereof, unless a

23  warrant is first obtained from the circuit court authorizing

24  such entry.  The warrant requirement shall extend only to a

25  facility which the agency has reason to believe is being

26  operated or maintained as a facility without a license.  Any

27  application for a license or renewal thereof made pursuant to

28  this part shall constitute permission for, and complete

29  acquiescence in, any entry or inspection of the premises for

30  which the license is sought, in order to facilitate

31  verification of the information submitted on or in connection


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                                   CS/HB 1539, First Engrossed/ntc



  1  with the application; to discover, investigate, and determine

  2  the existence of abuse or neglect; or to elicit, receive,

  3  respond to, and resolve complaints. Any current valid license

  4  shall constitute unconditional permission for, and complete

  5  acquiescence in, any entry or inspection of the premises by

  6  authorized personnel.  The agency shall retain the right of

  7  entry and inspection of facilities that have had a license

  8  revoked or suspended within the previous 24 months, to ensure

  9  that the facility is not operating unlawfully. However, before

10  entering the facility, a statement of probable cause must be

11  filed with the director of the agency, who must approve or

12  disapprove the action within 48 hours.  Probable cause shall

13  include, but is not limited to, evidence that the facility

14  holds itself out to the public as a provider of personal care

15  services or the receipt of a complaint by the long-term care

16  ombudsman council about the facility.

17         Section 27.  Subsection (2) of section 400.435, Florida

18  Statutes, is amended to read:

19         400.435  Maintenance of records; reports.--

20         (2)  Within 60 days after the date of the biennial

21  inspection visit or within 30 days after the date of any

22  interim visit, the agency shall forward the results of the

23  inspection to the local district ombudsman council in whose

24  planning and service area, as defined in part II, the facility

25  is located; to at least one public library or, in the absence

26  of a public library, the county seat in the county in which

27  the inspected assisted living facility is located; and, when

28  appropriate, to the district adult services and district

29  alcohol, drug abuse, and mental health program offices.

30

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                                   CS/HB 1539, First Engrossed/ntc



  1         Section 28.  Paragraph (i) of subsection (1) and

  2  subsection (5) of section 400.4415, Florida Statutes, are

  3  amended to read:

  4         400.4415  Assisted living facilities advisory

  5  committee.--

  6         (1)  There is created the assisted living facilities

  7  advisory committee, which shall assist the agency in

  8  developing and implementing a pilot rating system for

  9  facilities. The committee shall consist of nine members who

10  are to be appointed by, and report directly to, the director

11  of the agency.  The membership is to include:

12         (i)  One consumer representative from a local district

13  long-term care ombudsman council.

14         (5)  In determining the rating and evaluating the

15  overall quality of care and services, the agency shall

16  consider the needs and limitations of residents in the

17  facility and the results of interviews and surveys of a

18  representative sampling of residents, families of residents,

19  long-term care ombudsman council members in the planning and

20  service area district in which the facility is located,

21  guardians of residents, and staff of the facility.

22         Section 29.  Subsection (7) of section 400.619, Florida

23  Statutes, is amended to read:

24         400.619  Licensure application and renewal.--

25         (7)  Access to a licensed adult family-care home must

26  be provided at reasonable times for the appropriate officials

27  of the department, the Department of Health, the Department of

28  Children and Family Services, the agency, and the State Fire

29  Marshal, who are responsible for the development and

30  maintenance of fire, health, sanitary, and safety standards,

31  to inspect the facility to assure compliance with these


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                                   CS/HB 1539, First Engrossed/ntc



  1  standards.  In addition, access to a licensed adult

  2  family-care home must be provided at reasonable times for the

  3  local district long-term care ombudsman council.

  4         Section 30.  Subsection (2) of section 400.62, Florida

  5  Statutes, is amended to read:

  6         400.628  Residents' bill of rights.--

  7         (2)  The provider shall ensure that residents and their

  8  legal representatives are made aware of the rights,

  9  obligations, and prohibitions set forth in this part.

10  Residents must also be given the names, addresses, and

11  telephone numbers of the local district ombudsman council and

12  the adult abuse registry where they may lodge complaints.

13         Section 31.  There is hereby appropriated from the

14  General Revenue Fund to the long-term care ombudsman program

15  within the Department of Elderly Affairs the sum of $40,000 in

16  nonrecurring funds to be used for training members of the

17  state and local long-term care ombudsman councils.

18         Section 32.  There is hereby appropriated from the

19  General Revenue Fund to the long-term care ombudsman program

20  within the Department of Elderly Affairs the sum of $40,000 in

21  nonrecurring funds to be used for materials to educate

22  residents of long-term care facilities and their families and

23  visitors, facility staff, and the general public about the

24  ombudsman program and to encourage such persons to seek

25  assistance from the long-term care ombudsman program.

26         Section 33.  This act shall take effect July 1, 2000.

27

28

29

30

31


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