HB 1067

CS

CHAMBER ACTION

1	The Elder & Long-Term Care Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the State Long-Term Care Ombudsman
7	Program; amending s. 400.0060, F.S.; providing and
8	revising definitions; amending s. 400.0061, F.S.; revising
9	legislative findings and intent; amending s. 400.0063,
10	F.S.; revising provisions relating to qualifications of
11	the State Long-Term Care Ombudsman; revising duties of the
12	legal advocate; amending s. 400.0065, F.S.; revising
13	duties and responsibilities of the State Long-Term Care
14	Ombudsman; requiring an annual report; deleting provisions
15	relating to conflict of interest; repealing s. 400.0066,
16	F.S., relating to the Office of State Long-Term Care
17	Ombudsman and departments of state government; amending s.
18	400.0067, F.S.; revising duties and membership of the
19	State Long-Term Care Ombudsman Council; providing for
20	election of a local council member from each local council
21	to provide representation on the state council;
22	authorizing the Secretary of Elderly Affairs to recommend
23	to the Governor appointments for at-large positions on the
24	state council; providing conditions for removal of members
25	of and for filling vacancies on the state council;
26	providing for election of officers and meetings; providing
27	for per diem and travel expenses if approved by the
28	ombudsman; deleting provisions relating to conflicts of
29	interest and requests for appropriations; amending s.
30	400.0069, F.S.; authorizing the State Long-Term Care
31	Ombudsman to designate and direct local long-term care
32	ombudsman councils; requiring approval by the Secretary of
33	Elderly Affairs of jurisdictional boundaries designated by
34	the ombudsman; revising duties of local long-term care
35	ombudsman councils; providing requirements and application
36	for membership, election of officers, and meetings of
37	local long-term care ombudsman councils; providing
38	conditions for removal of members; providing for travel
39	expenses for members of the council; deleting provisions
40	relating to conflicts of interest; creating s. 400.0070,
41	F.S.; consolidating provisions relating to conflicts of
42	interest of the ombudsman; providing rulemaking authority
43	to the Department of Elderly Affairs regarding conflicts
44	of interest; amending s. 400.0071, F.S.; establishing
45	procedures for receiving, investigating, and assessing
46	complaints against long-term care facilities; deleting
47	provisions requiring the posting and distribution of
48	copies of such procedures; amending s. 400.0073, F.S.;
49	providing conditions for investigations of complaints by
50	state and local ombudsman councils; providing that
51	refusing to allow the ombudsman or a member of a state or
52	local council to enter a long-term care facility is a
53	violation of ch. 400, F.S., under certain circumstances;
54	deleting conditions for onsite administrative inspections;
55	creating s. 400.0074, F.S.; providing conditions and
56	requirements for onsite administrative assessments of
57	nursing homes, assisted living facilities, and adult
58	family-care homes; prohibiting forcible entry of long-term
59	care facilities; providing that refusing to allow the
60	ombudsman or a member of a state or local council to enter
61	a long-term care facility is a violation of ch. 400, F.S.,
62	under certain circumstances; amending s. 400.0075, F.S.;
63	providing complaint notification procedures for state and
64	local councils; providing circumstances in which
65	information relating to violations by a long-term care
66	facility is provided to a local law enforcement agency;
67	amending s. 400.0078, F.S.; requiring information relating
68	to the State Long-Term Care Ombudsman Program to be
69	provided to residents of long-term care facilities or
70	their representatives; amending s. 400.0079, F.S.;
71	providing for immunity from liability for certain persons;
72	amending s. 400.0081, F.S.; requiring long-term care
73	facilities to provide the Office of State Long-Term Care
74	Ombudsman and state and local councils and their members
75	with access to the facility and the records and residents
76	of the facility; authorizing rather than requiring the
77	department to adopt rules regarding access to facilities,
78	records, and residents; amending s. 400.0083, F.S.;
79	prohibiting certain actions against persons who file
80	complaints; providing penalties; repealing s. 400.0085,
81	F.S., relating to a penalty; amending s. 400.0087, F.S.;
82	providing for oversight by and responsibilities of the
83	department; requiring the department to provide certain
84	funding for the State Long-Term Care Ombudsman Program;
85	amending s. 400.0089, F.S.; requiring the office to
86	maintain a data reporting system relating to complaints
87	about and conditions in long-term care facilities and to
88	residents therein; requiring the office to publish and
89	include certain information in its annual report; amending
90	s. 400.0091, F.S.; providing for training of employees of
91	the office and members of the state and local councils;
92	requiring the ombudsman to approve the curriculum and
93	providing contents thereof; requiring certification of
94	employees by the ombudsman; providing an effective date.
95
96	Be It Enacted by the Legislature of the State of Florida:
97
98	Section 1.  Section 400.0060, Florida Statutes, is amended
99	to read:
100	400.0060  Definitions.--When used in this part, unless the
101	context clearly dictates otherwise requires, the term:
102	(1)  "Agency" means the Agency for Health Care
103	Administration.
104	(2)  "Department" means the Department of Elderly Affairs.
105	(3)  "Local council" means a local long-term care ombudsman
106	council designated by the ombudsman pursuant to s. 400.0069.
107	Local councils are also known as district long-term care
108	ombudsman councils or district councils.
109	(4)(2)  "Long-term care facility" means a skilled nursing
110	home facility, nursing facility, assisted living facility, adult
111	family-care home, board and care facility, or any other similar
112	residential adult care facility center.
113	(5)(3)  "Office" means the Office of State Long-Term Care
114	Ombudsman created by s. 400.0063.
115	(6)(4)  "Ombudsman" means the individual appointed by the
116	Secretary of Elderly Affairs designated to head the Office of
117	State Long-Term Care Ombudsman.
118	(7)(5)  "Resident" means an individual 60 years of age or
119	older who resides in a long-term care facility.
120	(8)(6)  "Secretary" means the Secretary of Elderly Affairs.
121	(9)  "State council" means the State Long-Term Care
122	Ombudsman Council created by s. 400.0067.
123	Section 2.  Section 400.0061, Florida Statutes, is amended
124	to read:
125	400.0061  Legislative findings and intent; long-term care
126	facilities.--
127	(1)  The Legislature finds that conditions in long-term
128	care facilities in this state are such that the rights, health,
129	safety, and welfare of residents are not fully ensured by rules
130	of the Department of Elderly Affairs or the Agency for Health
131	Care Administration, or by the good faith of owners or operators
132	of long-term care facilities. Furthermore, there is a need for a
133	formal mechanism whereby a long-term care facility resident, a
134	representative of a long-term care facility resident, or any
135	other concerned citizen or his or her representative may make a
136	complaint against the facility or an employee of the facility
137	its employees, or against other persons who are in a position to
138	restrict, interfere with, or threaten the rights, health,
139	safety, or welfare of a long-term care facility the resident.
140	The Legislature finds that concerned citizens are often more
141	effective advocates for of the rights of others than
142	governmental agencies. The Legislature further finds that in
143	order to be eligible to receive an allotment of funds authorized
144	and appropriated under the federal Older Americans Act, the
145	state must establish and operate an Office of State Long-Term
146	Care Ombudsman, to be headed by the State Long-Term Care
147	Ombudsman, and carry out a long-term care ombudsman program.
148	(2)  It is the intent of the Legislature, therefore, to
149	utilize voluntary citizen ombudsman councils under the
150	leadership of the ombudsman, and through them to operate an
151	ombudsman program which shall, without interference by any
152	executive agency, undertake to discover, investigate, and
153	determine the presence of conditions or individuals which
154	constitute a threat to the rights, health, safety, or welfare of
155	the residents of long-term care facilities. To ensure that the
156	effectiveness and efficiency of such investigations are not
157	impeded by advance notice or delay, the Legislature intends that
158	the ombudsman and ombudsman councils and their designated
159	representatives not be required to obtain warrants in order to
160	enter into or conduct investigations or onsite administrative
161	assessments inspections of long-term care facilities. It is the
162	further intent of the Legislature that the environment in long-
163	term care facilities shall be conducive to the dignity and
164	independence of residents and that investigations by ombudsman
165	councils shall further the enforcement of laws, rules, and
166	regulations that safeguard the health, safety, and welfare of
167	residents.
168	Section 3.  Section 400.0063, Florida Statutes, is amended
169	to read:
170	400.0063  Establishment of Office of State Long-Term Care
171	Ombudsman; designation of ombudsman and legal advocate.--
172	(1)  There is created an Office of State Long-Term Care
173	Ombudsman in the Department of Elderly Affairs.
174	(2)(a)  The Office of State Long-Term Care Ombudsman shall
175	be headed by the State Long-Term Care Ombudsman, who shall have
176	expertise and experience in the fields of long-term care and
177	advocacy, who shall serve on a full-time basis and shall
178	personally, or through representatives of the office, carry out
179	the purposes and functions of the office of State Long-Term Care
180	Ombudsman in accordance with state and federal law.
181	(b)  The State Long-Term Care ombudsman shall be appointed
182	by and shall serve at the pleasure of the Secretary of Elderly
183	Affairs. The secretary shall appoint a person who has expertise
184	and experience in the fields of long-term care and advocacy to
185	serve as ombudsman. No person who has a conflict of interest, or
186	has an immediate family member who has a conflict of interest,
187	may be involved in the designation of the ombudsman.
188	(3)(a)  There is created in the office of State Long-Term
189	Care Ombudsman the position of legal advocate, who shall be
190	selected by and serve at the pleasure of the ombudsman, and who
191	shall be a member in good standing of The Florida Bar.
192	(b)  The duties of the legal advocate shall include, but
193	not be limited to:
194	1.  Assisting the ombudsman in carrying out the duties of
195	the office with respect to the abuse, neglect, or violation of
196	rights of residents of long-term care facilities.
197	2.  Assisting the state and local ombudsman councils in
198	carrying out their responsibilities under this part.
199	3.  Pursuing administrative, Initiating and prosecuting
200	legal, and other appropriate remedies on behalf of equitable
201	actions to enforce the rights of long-term care facility
202	residents as defined in this chapter.
203	4.  Serving as legal counsel to the state and local
204	ombudsman councils, or individual members thereof, against whom
205	any suit or other legal action is initiated in connection with
206	the performance of the official duties of the councils or an
207	individual member.
208	Section 4.  Section 400.0065, Florida Statutes, is amended
209	to read:
210	400.0065  State Long-Term Care Ombudsman; duties and
211	responsibilities; conflict of interest.--
212	(1)  The purpose of the Office of State Long-Term Care
213	Ombudsman shall be to:
214	(a)  Identify, investigate, and resolve complaints made by
215	or on behalf of residents of long-term care facilities, relating
216	to actions or omissions by providers or representatives of
217	providers of long-term care services, other public or private
218	agencies, guardians, or representative payees that may adversely
219	affect the health, safety, welfare, or rights of the residents.
220	(b)  Provide services that to assist residents in
221	protecting the health, safety, welfare, and rights of the
222	residents.
223	(c)  Inform residents, their representatives, and other
224	citizens about obtaining the services of the Office of State
225	Long-Term Care Ombudsman Program and its representatives.
226	(d)  Ensure that residents have regular and timely access
227	to the services provided through the office and that residents
228	and complainants receive timely responses from representatives
229	of the office to their complaints.
230	(e)  Represent the interests of residents before
231	governmental agencies and seek administrative, legal, and other
232	remedies to protect the health, safety, welfare, and rights of
233	the residents.
234	(f)  Administer the Provide administrative and technical
235	assistance to state and local ombudsman councils.
236	(g)  Analyze, comment on, and monitor the development and
237	implementation of federal, state, and local laws, rules, and
238	regulations, and other governmental policies and actions, that
239	pertain to the health, safety, welfare, and rights of the
240	residents, with respect to the adequacy of long-term care
241	facilities and services in the state, and recommend any changes
242	in such laws, rules, regulations, policies, and actions as the
243	office determines to be appropriate and necessary.
244	(h)  Provide technical support for the development of
245	resident and family councils to protect the well-being and
246	rights of residents.
247	(2)  The State Long-Term Care Ombudsman shall have the duty
248	and authority to:
249	(a)  Establish and coordinate Assist and support the
250	efforts of the State Long-Term Care Ombudsman Council in the
251	establishment and coordination of local ombudsman councils
252	throughout the state.
253	(b)  Perform the duties specified in state and federal law,
254	rules, and regulations.
255	(c)  Within the limits of appropriated federal and state
256	funding authorized and appropriated, employ such personnel,
257	including staff for local ombudsman councils, as are necessary
258	to perform adequately the functions of the office and provide or
259	contract for legal services to assist the state and local
260	ombudsman councils in the performance of their duties. Staff
261	positions established for the purpose of coordinating the
262	activities of for each local ombudsman council and assisting its
263	members may be established as career service positions, and
264	shall be filled by the ombudsman after approval by the
265	secretary. Notwithstanding any other provision of this part,
266	upon certification by the ombudsman that the staff member hired
267	to fill any such position has completed the initial training
268	required under s. 400.0091, such person shall be considered a
269	representative of the State Long-Term Care Ombudsman Program for
270	purposes of this part.
271	(d)  Contract for services necessary to carry out the
272	activities of the office.
273	(e)  Apply for, receive, and accept grants, gifts, or other
274	payments, including, but not limited to, real property, personal
275	property, and services from a governmental entity or other
276	public or private entity or person, and make arrangements for
277	the use of such grants, gifts, or payments.
278	(f)  Coordinate, to the greatest extent possible, state and
279	local ombudsman services with the protection and advocacy
280	systems for individuals with developmental disabilities and
281	mental illnesses and with legal assistance programs for the poor
282	through adoption of memoranda of understanding and other means.
283	(g)  Enter into a cooperative agreement with the Statewide
284	Advocacy Council and district human rights advocacy committees
285	for the purpose of coordinating and avoiding duplication of
286	advocacy services provided to residents of long-term care
287	facilities.
288	(h)  Enter into a cooperative agreement with the Medicaid
289	Fraud Division as prescribed under s. 731(e)(2)(B) of the Older
290	Americans Act.
291	(i)  Prepare an annual report describing the activities
292	carried out by the office, the state council, and the local
293	councils in the year for which the report is prepared. The
294	ombudsman shall submit the report to the secretary at least 30
295	days before the convening of the regular session of the
296	Legislature. The secretary shall in turn submit the report to
297	the United States Assistant Secretary for Aging, the Governor,
298	the President of the Senate, the Speaker of the House of
299	Representatives, the Secretary of Children and Family Services,
300	and the Secretary of Health Care Administration. The report
301	shall, at a minimum:
302	1.  Contain and analyze data collected concerning
303	complaints about and conditions in long-term care facilities and
304	the disposition of such complaints.
305	2.  Evaluate the problems experienced by residents.
306	3.  Analyze the successes of the ombudsman program during
307	the preceding year, including an assessment of how successfully
308	the program has carried out its responsibilities under the Older
309	Americans Act.
310	4.  Provide recommendations for policy, regulatory, and
311	statutory changes designed to solve identified problems; resolve
312	residents' complaints; improve residents' lives and quality of
313	care; protect residents' rights, health, safety, and welfare;
314	and remove any barriers to the optimal operation of the State
315	Long-Term Care Ombudsman Program.
316	5.  Contain recommendations from the State Long-Term Care
317	Ombudsman Council regarding program functions and activities and
318	recommendations for policy, regulatory, and statutory changes
319	designed to protect residents' rights, health, safety, and
320	welfare.
321	6.  Contain any relevant recommendations from the local
322	councils regarding program functions and activities.
323	(3)  The State Long-Term Care Ombudsman shall not:
324	(a)  Have a direct involvement in the licensing or
325	certification of, or an ownership or investment interest in, a
326	long-term care facility or a provider of a long-term care
327	service.
328	(b)  Be employed by, or participate in the management of, a
329	long-term care facility.
330	(c)  Receive, or have a right to receive, directly or
331	indirectly, remuneration, in cash or in kind, under a
332	compensation agreement with the owner or operator of a long-term
333	care facility.
334
335	The Department of Elderly Affairs shall adopt rules to establish
336	procedures to identify and eliminate conflicts of interest as
337	described in this subsection.
338	Section 5.  Section 400.0066, Florida Statutes, is
339	repealed.
340	Section 6.  Section 400.0067, Florida Statutes, is amended
341	to read:
342	400.0067  State Long-Term Care Ombudsman Council; duties;
343	membership.--
344	(1)  There is created within the Office of State Long-Term
345	Care Ombudsman, the State Long-Term Care Ombudsman Council.
346	(2)  The State Long-Term Care Ombudsman Council shall:
347	(a)  Serve as an advisory body to assist the ombudsman in
348	reaching a consensus among local ombudsman councils on issues
349	affecting residents and impacting the optimal operation of the
350	program of statewide concern.
351	(b)  Serve as an appellate body in receiving from the local
352	ombudsman councils complaints not resolved at the local level.
353	Any individual member or members of the state ombudsman council
354	may enter any long-term care facility involved in an appeal,
355	pursuant to the conditions specified in s. 400.0074(2)
356	400.0069(3).
357	(c)  Assist the ombudsman to discover, investigate, and
358	determine the existence of abuse or neglect in any long-term
359	care facility. The Department of Elderly Affairs shall develop
360	procedures relating to such investigations. Investigations may
361	consist, in part, of one or more onsite administrative
362	inspections.
363	(d)  Assist the ombudsman in eliciting, receiving,
364	responding to, and resolving complaints made by or on behalf of
365	long-term care facility residents and in developing procedures
366	relating to the receipt and resolution of such complaints. The
367	secretary shall approve all such procedures.
368	(e)  Elicit and coordinate state, local, and voluntary
369	organizational assistance for the purpose of improving the care
370	received by residents of a long-term care facility.
371	(f)  Assist the ombudsman in preparing the annual report
372	described in s. 400.0065. Prepare an annual report describing
373	the activities carried out by the ombudsman and the State Long-
374	Term Care Ombudsman Council in the year for which the report is
375	prepared. The State Long-Term Care Ombudsman Council shall
376	submit the report to the Secretary of Elderly Affairs. The
377	secretary shall in turn submit the report to the Commissioner of
378	the United States Administration on Aging, the Governor, the
379	President of the Senate, the Speaker of the House of
380	Representatives, the minority leaders of the House and Senate,
381	the chairpersons of appropriate House and Senate committees, the
382	Secretary of Children and Family Services, and the Secretary of
383	Health Care Administration. The report shall be submitted by the
384	Secretary of Elderly Affairs at least 30 days before the
385	convening of the regular session of the Legislature and shall,
386	at a minimum:
387	1.  Contain and analyze data collected concerning
388	complaints about and conditions in long-term care facilities.
389	2.  Evaluate the problems experienced by residents of long-
390	term care facilities.
391	3.  Contain recommendations for improving the quality of
392	life of the residents and for protecting the health, safety,
393	welfare, and rights of the residents.
394	4.  Analyze the success of the ombudsman program during the
395	preceding year and identify the barriers that prevent the
396	optimal operation of the program. The report of the program's
397	successes shall also address the relationship between the state
398	long-term care ombudsman program, the Department of Elderly
399	Affairs, the Agency for Health Care Administration, and the
400	Department of Children and Family Services, and an assessment of
401	how successfully the state long-term care ombudsman program has
402	carried out its responsibilities under the Older Americans Act.
403	5.  Provide policy and regulatory and legislative
404	recommendations to solve identified problems; resolve residents'
405	complaints; improve the quality of care and life of the
406	residents; protect the health, safety, welfare, and rights of
407	the residents; and remove the barriers to the optimal operation
408	of the state long-term care ombudsman program.
409	6.  Contain recommendations from the local ombudsman
410	councils regarding program functions and activities.
411	7.  Include a report on the activities of the legal
412	advocate and other legal advocates acting on behalf of the local
413	and state councils.
414	(3)(a)  The State Long-Term Care Ombudsman Council shall be
415	composed of one active local council member elected designated
416	by each local council plus three at-large members persons
417	appointed by the Governor.
418	(a)  Each local council shall elect by majority vote a
419	representative from among the council members to represent the
420	interests of the local council on the state council. A local
421	council chair may not serve as the representative of the local
422	council on the state council.
423	(b)1.  The secretary, after consulting ombudsman, in
424	consultation with the ombudsman secretary, shall submit to the
425	Governor a list of persons recommended for appointment to the
426	at-large positions on the state council. The list shall not
427	include the name of any person who is currently at least eight
428	names of persons who are not serving on a local council.
429	2.  The Governor shall appoint three at-large members
430	chosen from the list, at least one of whom must be over 60 years
431	of age.
432	3.  If the Governor does not appoint an at-large member to
433	fill a vacant position Governor's appointments are not made
434	within 60 days after the ombudsman submits the list is
435	submitted, the secretary, after consulting with the ombudsman,
436	in consultation with the secretary, shall appoint an at-large
437	member to fill that vacant position three members, one of whom
438	must be over 60 years of age.
439	(c)1.  All state council members shall be appointed to
440	serve 3-year terms.
441	2.  A member of the state Long-Term Care Ombudsman council
442	may not serve more than two consecutive terms.
443	3.  A local council may recommend removal of its elected
444	representative from the state council by a majority vote. If the
445	council votes to remove its representative, the local council
446	chair shall immediately notify the ombudsman. The secretary
447	shall advise the Governor of the local council's vote upon
448	receiving notice from the ombudsman. Any vacancy shall be filled
449	in the same manner as the original appointment.
450	4.  The position of any member missing three state council
451	meetings within a 1-year period consecutive regular meetings
452	without cause may shall be declared vacant by the ombudsman. The
453	findings of the ombudsman regarding cause shall be final and
454	binding.
455	5.  Any vacancy on the state council shall be filled in the
456	same manner as the original appointment.
457	(d)1.  The state ombudsman council shall elect a chair to
458	serve for a term of 1 year. A chair may not serve more than two
459	consecutive terms chairperson for a term of 1 year from among
460	the members who have served for at least 1 year.
461	2.  The chair chairperson shall select a vice chair
462	chairperson from among the members. The vice chair chairperson
463	shall preside over the state council in the absence of the chair
464	chairperson.
465	3.  The chair may create additional executive positions as
466	necessary to carry out the duties of the state council. Any
467	person appointed to an executive position shall serve at the
468	pleasure of the chair, and his or her term shall expire on the
469	same day as the term of the chair.
470	4.  A chair may be immediately removed from office prior to
471	the expiration of his or her term by a vote of two-thirds of all
472	state council members present at any meeting at which a quorum
473	is present. If a chair is removed from office prior to the
474	expiration of his or her term, a replacement chair shall be
475	chosen during the same meeting in the same manner as described
476	in this paragraph, and the term of the replacement chair shall
477	begin immediately. The replacement chair shall serve for the
478	remainder of the term and is eligible to serve two subsequent
479	consecutive terms.
480	(e)1.  The state ombudsman council shall meet upon the call
481	of the chair or upon the call of the ombudsman. The council
482	shall meet chairperson, at least quarterly but may meet or more
483	frequently as needed.
484	2.  A quorum shall be considered present if more than 50
485	percent of all active state council members are in attendance at
486	the same meeting.
487	3.  Neither the state council nor any of its individual
488	members may vote on or otherwise make any binding decisions that
489	will directly impact the state council or any local council
490	outside of a publicly noticed meeting at which a quorum is
491	present.
492	(f)  Members shall receive no compensation but shall, with
493	approval from the ombudsman, be reimbursed for per diem and
494	travel expenses as provided in s. 112.061.
495	(4)  No officer, employee, or representative of the Office
496	of State Long-Term Care Ombudsman or of the State Long-Term Care
497	Ombudsman Council, nor any member of the immediate family of
498	such officer, employee, or representative, may have a conflict
499	of interest. The ombudsman shall adopt rules to identify and
500	remove conflicts of interest.
501	(5)  The Department of Elderly Affairs shall make a
502	separate and distinct request for an appropriation for all
503	expenses for the state and local ombudsman councils.
504	Section 7.  Section 400.0069, Florida Statutes, is amended
505	to read:
506	400.0069  Local long-term care ombudsman councils; duties;
507	membership.--
508	(1)(a)  The ombudsman shall designate local long-term care
509	ombudsman councils to carry out the duties of the State
510	Long-Term Care Ombudsman Program within local communities. Each
511	local council shall function under the direction of the
512	ombudsman.
513	(b)  The ombudsman shall ensure that there is There shall
514	be at least one local long-term care ombudsman council operating
515	in each of the department's planning and service areas of the
516	Department of Elderly Affairs, which shall function under the
517	direction of the ombudsman and the state ombudsman council. The
518	ombudsman may create additional local councils as necessary to
519	ensure that residents throughout the state have adequate access
520	to State Long-Term Care Ombudsman Program services. The
521	ombudsman, after approval from the secretary, shall designate
522	the jurisdictional boundaries of each local council.
523	(2)  The duties of the local councils ombudsman council are
524	to:
525	(a)  To Serve as a third-party mechanism for protecting the
526	health, safety, welfare, and civil and human rights of residents
527	of a long-term care facility.
528	(b)  To Discover, investigate, and determine the existence
529	of abuse or neglect in any long-term care facility and to use
530	the procedures provided for in ss. 415.101-415.113 when
531	applicable. Investigations may consist, in part, of one or more
532	onsite administrative inspections.
533	(c)  To Elicit, receive, investigate, respond to, and
534	resolve complaints made by, or on behalf of, long-term care
535	facility residents.
536	(d)  To Review and, if necessary, to comment on, for their
537	effect on the rights of long-term care facility residents, all
538	existing or proposed rules, regulations, and other governmental
539	policies and actions relating to long-term care facilities that
540	may potentially have an effect on the rights, health, safety,
541	and welfare of residents.
542	(e)  To Review personal property and money accounts of
543	Medicaid residents who are receiving assistance under the
544	Medicaid program pursuant to an investigation to obtain
545	information regarding a specific complaint or problem.
546	(f)  Recommend that the ombudsman and the legal advocate To
547	represent the interests of residents before government agencies
548	and to seek administrative, legal, and other remedies to protect
549	the health, safety, welfare, and rights of the residents.
550	(g)  To Carry out other activities that the ombudsman
551	determines to be appropriate.
552	(3)  In order to carry out the duties specified in
553	subsection (2), a member of a the local ombudsman council is
554	authorized, pursuant to ss. 400.19(1) and 400.434, to enter any
555	long-term care facility without notice or first obtaining a
556	warrant, subject to the provisions of s. 400.0074(2)
557	400.0073(5).
558	(4)  Each local ombudsman council shall be composed of
559	members whose primary residence is located within the boundaries
560	of the local council's jurisdiction.
561	(a)  The ombudsman shall strive to ensure that each local
562	council no less than 15 members and no more than 40 members from
563	the local planning and service area, to include the following
564	persons as members:
565	1.  At least one medical or osteopathic physician whose
566	practice includes or has included a substantial number of
567	geriatric patients and who may have limited practice in a long-
568	term care facility;
569	2.  At least one registered nurse who has geriatric
570	experience, if possible;
571	3.  At least one licensed pharmacist;
572	4.  At least one registered dietitian;
573	5.  At least six nursing home residents or representative
574	consumer advocates for nursing home residents;
575	6.  At least three residents of assisted living facilities
576	or adult family-care homes or three representative consumer
577	advocates for alternative long-term care facility residents;
578	7.  At least one attorney; and
579	8.  At least one professional social worker.
580	(b)  In no case shall the medical director of a long-term
581	care facility or an employee of the agency for Health Care
582	Administration, the department, the Department of Children and
583	Family Services, or the Agency for Persons with Disabilities
584	Department of Elderly Affairs serve as a member or as an ex
585	officio member of a council. Each member of the council shall
586	certify that neither the council member nor any member of the
587	council member's immediate family has any conflict of interest
588	pursuant to subsection (10). Local ombudsman councils are
589	encouraged to recruit council members who are 60 years of age or
590	older.
591	(5)(a)  Individuals wishing to join a local council shall
592	submit an application to the ombudsman. The ombudsman shall
593	review the individual's application and advise the secretary of
594	his or her recommendation for approval or disapproval of the
595	candidate's membership on the local council. If the secretary
596	approves of the individual's membership, the individual shall be
597	appointed as a member of the local council.
598	(b)  The secretary may rescind the ombudsman's approval of
599	a member on a local council at any time. If the secretary
600	rescinds the approval of a member on a local council, the
601	ombudsman shall ensure that the individual is immediately
602	removed from the local council on which he or she serves and the
603	individual may no longer represent the State Long-Term Care
604	Ombudsman Program until the secretary provides his or her
605	approval.
606	(c)  A local council may recommend the removal of one or
607	more of its members by submitting to the ombudsman a resolution
608	adopted by a two-thirds vote of the members of the council
609	stating the name of the member or members recommended for
610	removal and the reasons for the recommendation. If such a
611	recommendation is adopted by a local council, the local council
612	chair or district coordinator shall immediately report the
613	council's recommendation to the ombudsman. The ombudsman shall
614	review the recommendation of the local council and advise the
615	secretary of his or her recommendation regarding removal of the
616	council member or members. All members shall be appointed to
617	serve 3-year terms. Upon expiration of a term and in case of any
618	other vacancy, the council shall select a replacement by
619	majority vote. The ombudsman shall review the selection of the
620	council and recommend approval or disapproval to the Governor.
621	If no action is taken by the Governor to approve or disapprove
622	the replacement of a member within 30 days after the ombudsman
623	has notified the Governor of his or her recommendation, the
624	replacement shall be considered disapproved and the process for
625	selection of a replacement shall be repeated.
626	(6)(a)  Each The local ombudsman council shall elect a
627	chair for a term of 1 year. There shall be no limitation on the
628	number of terms that an approved member of a local council may
629	serve as chair from members who have served at least 1 year.
630	(b)  The chair shall select a vice chair from among the
631	members of the council. The vice chair shall preside over the
632	council in the absence of the chair.
633	(c)  The chair may create additional executive positions as
634	necessary to carry out the duties of the local council. Any
635	person appointed to an executive position shall serve at the
636	pleasure of the chair, and his or her term shall expire on the
637	same day as the term of the chair.
638	(d)  A chair may be immediately removed from office prior
639	to the expiration of his or her term by a vote of two-thirds of
640	the members of the local council. If any chair is removed from
641	office prior to the expiration of his or her term, a replacement
642	chair shall be elected during the same meeting, and the term of
643	the replacement chair shall begin immediately. The replacement
644	chair shall serve for the remainder of the term of the person he
645	or she replaced.
646	(7)  Each The local ombudsman council shall meet upon the
647	call of its the chair or upon the call of the ombudsman. Each
648	local council shall meet, at least once a month but may meet or
649	more frequently if necessary as needed to handle emergency
650	situations.
651	(8)  A member of a local ombudsman council shall receive no
652	compensation but shall, with approval from the ombudsman, be
653	reimbursed for travel expenses both within and outside the
654	jurisdiction of the local council county of residence in
655	accordance with the provisions of s. 112.061.
656	(9)  The local ombudsman councils are authorized to call
657	upon appropriate agencies of state government for such
658	professional assistance as may be needed in the discharge of
659	their duties. All state agencies shall cooperate with the local
660	ombudsman councils in providing requested information and agency
661	representation representatives at council meetings.
662	(10)  No officer, employee, or representative of a local
663	long-term care ombudsman council, nor any member of the
664	immediate family of such officer, employee, or representative,
665	may have a conflict of interest. The ombudsman shall adopt rules
666	to identify and remove conflicts of interest.
667	Section 8.  Section 400.0070, Florida Statutes, is created
668	to read:
669	400.0070  Conflicts of interest.--
670	(1)  The ombudsman shall not:
671	(a)  Have a direct involvement in the licensing or
672	certification of, or an ownership or investment interest in, a
673	long-term care facility or a provider of a long-term care
674	service.
675	(b)  Be employed by, or participate in the management of, a
676	long-term care facility.
677	(c)  Receive, or have a right to receive, directly or
678	indirectly, remuneration, in cash or in kind, under a
679	compensation agreement with the owner or operator of a long-term
680	care facility.
681	(2)  Each employee of the office, each state council
682	member, and each local council member shall certify that he or
683	she has no conflict of interest.
684	(3)  The department shall define by rule:
685	(a)  Situations that constitute a person having a conflict
686	of interest that could materially affect the objectivity or
687	capacity of a person to serve on an ombudsman council, or as an
688	employee of the office, while carrying out the purposes of the
689	State Long-Term Care Ombudsman Program as specified in this
690	part.
691	(b)  The procedure by which a person listed in subsection
692	(2) shall certify that he or she has no conflict of interest.
693	Section 9.  Section 400.0071, Florida Statutes, is amended
694	to read:
695	400.0071  State Long-Term Care Ombudsman Program complaint
696	procedures.--
697	(1)  The state ombudsman, in consultation with the state
698	council, shall develop recommend to the ombudsman and the
699	secretary state and local procedures for:
700	(a)  Receiving complaints against a nursing home or long-
701	term care facility or an its employee of a long-term care
702	facility.
703	(b)  Conducting investigations of a long-term care facility
704	or an employee or employees of such a facility subsequent to
705	receiving a complaint.
706	(c)  Conducting onsite administrative assessments of long-
707	term care facilities. The procedures shall be implemented after
708	the approval of the ombudsman and the secretary.
709	(2)  The ombudsman shall implement all procedures developed
710	under this section after receiving approval from the secretary.
711	These procedures shall be posted in full view in every nursing
712	home or long-term care facility. Every resident or
713	representative of a resident shall receive, upon admission to a
714	nursing home or long-term care facility, a printed copy of the
715	procedures of the state and the local ombudsman councils.
716	Section 10.  Section 400.0073, Florida Statutes, is amended
717	to read:
718	400.0073  State and local ombudsman council
719	investigations.--
720	(1)  A local ombudsman council shall investigate, within a
721	reasonable time after a complaint is made, any complaint of a
722	resident, a or representative of a resident, or any other
723	credible source based on an action or omission by an
724	administrator, an or employee, or a representative of a nursing
725	home or long-term care facility which might be:
726	(a)  Contrary to law;.
727	(b)  Unreasonable, unfair, oppressive, or unnecessarily
728	discriminatory, even though in accordance with law;.
729	(c)  Based on a mistake of fact;.
730	(d)  Based on improper or irrelevant grounds;.
731	(e)  Unaccompanied by an adequate statement of reasons;.
732	(f)  Performed in an inefficient manner; or.
733	(g)  Otherwise adversely affecting the health, safety,
734	welfare, or rights of a resident erroneous.
735	(2)  In an investigation, both the state and local
736	ombudsman councils have the authority to hold public hearings.
737	(3)  Subsequent to an appeal from a local ombudsman
738	council, the state ombudsman council may investigate any
739	complaint received by the local council involving a nursing home
740	or long-term care facility or a resident.
741	(4)  If the ombudsman or any state or local council member
742	is not allowed to enter a long-term care facility, the
743	administrator of the facility shall be considered to have
744	interfered with a representative of the office, the state
745	council, or the local council in the performance of official
746	duties as described in s. 400.0083(1) and to have committed a
747	violation of this part. The ombudsman shall report a facility's
748	refusal to allow entry to the agency, and the agency shall
749	record the report and take it into consideration when
750	determining actions allowable under s. 400.102, s. 400.121, s.
751	400.414, s. 400.419, s. 400.6194, or s. 400.6196. In addition to
752	any specific investigation made pursuant to a complaint, the
753	local ombudsman council shall conduct, at least annually, an
754	investigation, which shall consist, in part, of an onsite
755	administrative inspection, of each nursing home or long-term
756	care facility within its jurisdiction. This inspection shall
757	focus on the rights, health, safety, and welfare of the
758	residents.
759	(5)  Any onsite administrative inspection conducted by an
760	ombudsman council shall be subject to the following:
761	(a)  All inspections shall be at times and for durations
762	necessary to produce the information required to carry out the
763	duties of the council.
764	(b)  No advance notice of an inspection shall be provided
765	to any nursing home or long-term care facility, except that
766	notice of followup inspections on specific problems may be
767	provided.
768	(c)  Inspections shall be conducted in a manner which will
769	impose no unreasonable burden on nursing homes or long-term care
770	facilities, consistent with the underlying purposes of this
771	part. Unnecessary duplication of efforts among council members
772	or the councils shall be reduced to the extent possible.
773	(d)  Any ombudsman council member physically present for
774	the inspection shall identify himself or herself and the
775	statutory authority for his or her inspection of the facility.
776	(e)  Inspections may not unreasonably interfere with the
777	programs and activities of clients within the facility.
778	Ombudsman council members shall respect the rights of residents.
779	(f)  All inspections shall be limited to compliance with
780	parts II, III, and VII of this chapter and 42 U.S.C. ss. 1396(a)
781	et seq., and any rules or regulations promulgated pursuant to
782	such laws.
783	(g)  No ombudsman council member shall enter a single-
784	family residential unit within a long-term care facility without
785	the permission of the resident or the representative of the
786	resident.
787	(h)  Any inspection resulting from a specific complaint
788	made to an ombudsman council concerning a facility shall be
789	conducted within a reasonable time after the complaint is made.
790	(6)  An inspection may not be accomplished by forcible
791	entry. Refusal of a long-term care facility to allow entry of
792	any ombudsman council member constitutes a violation of part II,
793	part III, or part VII of this chapter.
794	Section 11.  Section 400.0074, Florida Statutes, is created
795	to read:
796	400.0074  Local ombudsman council onsite administrative
797	assessments.--
798	(1)  In addition to any specific investigation conducted
799	pursuant to a complaint, the local council shall conduct, at
800	least annually, an onsite administrative assessment of each
801	nursing home, assisted living facility, and adult family-care
802	home within its jurisdiction. This administrative assessment
803	shall focus on factors affecting the rights, health, safety, and
804	welfare of the residents. Each local council is encouraged to
805	conduct a similar onsite administrative assessment of each
806	additional long-term care facility within its jurisdiction.
807	(2)  An onsite administrative assessment conducted by a
808	local council shall be subject to the following conditions:
809	(a)  To the extent possible and reasonable, the
810	administrative assessments shall not duplicate the efforts of
811	the agency surveys and inspections conducted under parts II,
812	III, and VII of this chapter.
813	(b)  An administrative assessment shall be conducted at a
814	time and for a duration necessary to produce the information
815	required to carry out the duties of the local council.
816	(c)  Advance notice of an administrative assessment may not
817	be provided to a long-term care facility, except that notice of
818	followup assessments on specific problems may be provided.
819	(d)  A local council member physically present for the
820	administrative assessment shall identify himself or herself and
821	cite the specific statutory authority for his or her assessment
822	of the facility.
823	(e)  An administrative assessment may not unreasonably
824	interfere with the programs and activities of residents.
825	(f)  A local council member may not enter a single-family
826	residential unit within a long-term care facility during an
827	administrative assessment without the permission of the resident
828	or the representative of the resident.
829	(3)  Regardless of jurisdiction, the ombudsman may
830	authorize a state or local council member to assist another
831	local council to perform the administrative assessments
832	described in this section.
833	(4)  An onsite administrative assessment may not be
834	accomplished by forcible entry. However, if the ombudsman or a
835	state or local council member is not allowed to enter a long-
836	term care facility, the administrator of the facility shall be
837	considered to have interfered with a representative of the
838	office, the state council, or the local council in the
839	performance of official duties as described in s. 400.0083(1)
840	and to have committed a violation of this part. The ombudsman
841	shall report the refusal by a facility to allow entry to the
842	agency, and the agency shall record the report and take it into
843	consideration when determining actions allowable under s.
844	400.102, s. 400.121, s. 400.414, s. 400.419, s. 400.6194, or s.
845	400.6196.
846	Section 12.  Section 400.0075, Florida Statutes, is amended
847	to read:
848	400.0075  Complaint notification and resolution
849	procedures.--
850	(1)(a)  Any complaint or, including any problem verified
851	identified by an ombudsman council as a result of an
852	investigation or onsite administrative assessment, which
853	complaint or problem is determined to require, deemed valid and
854	requiring remedial action by the local ombudsman council, shall
855	be identified and brought to the attention of the long-term care
856	facility administrator in writing. Upon receipt of such
857	document, the administrator, in concurrence with the concurrence
858	of the local ombudsman council chair, shall establish target
859	dates for taking appropriate remedial action. If, by the target
860	date, the remedial action is not completed or forthcoming, the
861	local ombudsman council chair may, after obtaining approval from
862	the ombudsman and a majority of the members of the local
863	council:
864	1.(a)  Extend the target date if the chair council has
865	reason to believe such action would facilitate the resolution of
866	the complaint.
867	2.(b)  In accordance with s. 400.0077, publicize the
868	complaint, the recommendations of the council, and the response
869	of the long-term care facility.
870	3.(c)  Refer the complaint to the state ombudsman council.
871	(b)  If the local council chair believes that the health,
872	safety, welfare, or rights of the resident are in imminent
873	danger, the chair shall notify the ombudsman or legal advocate,
874	who, after verifying that such imminent danger exists, shall
875	local long-term care ombudsman council may seek immediate legal
876	or administrative remedies to protect the resident.
877	(c)  If the ombudsman has reason to believe that the long-
878	term care facility or an employee of the facility has committed
879	a criminal act, the ombudsman shall provide the local law
880	enforcement agency with the relevant information to initiate an
881	investigation of the case.
882	(2)(a)  Upon referral from a the local ombudsman council,
883	the state ombudsman council shall assume the responsibility for
884	the disposition of the complaint. If a long-term care facility
885	fails to take action on a complaint found valid by the state
886	ombudsman council, the state council may, after obtaining
887	approval from the ombudsman and a majority of the state council
888	members:
889	1.(a)  In accordance with s. 400.0077, publicize the
890	complaint, the recommendations of the local or state council,
891	and the response of the long-term care facility.
892	2.(b)  Recommend to the department and the agency a series
893	of facility reviews pursuant to s. 400.19(4), s. 400.434, or s.
894	400.619 to ensure assure correction and nonrecurrence of
895	conditions that give rise to complaints against a long-term care
896	facility.
897	(c)  Recommend to the agency changes in rules for
898	inspecting and licensing or certifying long-term care
899	facilities, and recommend to the Agency for Health Care
900	Administration changes in rules for licensing and regulating
901	long-term care facilities.
902	(d)  Refer the complaint to the state attorney for
903	prosecution if there is reason to believe the long-term care
904	facility or its employee is guilty of a criminal act.
905	3.(e)  Recommend to the department and the agency for
906	Health Care Administration that the long-term care facility no
907	longer receive payments under any the state Medical assistance
908	program, including (Medicaid).
909	4.(f)  Recommend to that the department and the agency that
910	initiate procedures be initiated for revocation of the long-term
911	care facility's license in accordance with chapter 120.
912	(g)  Seek legal, administrative, or other remedies to
913	protect the health, safety, welfare, or rights of the resident.
914	(b)  If the state council chair believes that the health,
915	safety, welfare, or rights of the resident are in imminent
916	danger, the chair shall notify the ombudsman or legal advocate,
917	who, after verifying that such imminent danger exists, State
918	Long-Term Care Ombudsman Council shall seek immediate legal or
919	administrative remedies to protect the resident.
920	(c)  If the ombudsman has reason to believe that the long-
921	term care facility or an employee of the facility has committed
922	a criminal act, the ombudsman shall provide local law
923	enforcement with the relevant information to initiate an
924	investigation of the case.
925	(3)  The state ombudsman council shall provide, as part of
926	its annual report required pursuant to s. 400.0067(2)(f),
927	information relating to the disposition of all complaints to the
928	Department of Elderly Affairs.
929	Section 13.  Section 400.0078, Florida Statutes, is amended
930	to read:
931	400.0078  Citizen access to State Long-Term Care Ombudsman
932	Program services Statewide toll-free telephone number.--
933	(1)  The office of State Long-Term Care Ombudsman shall
934	establish a statewide toll-free telephone number for receiving
935	complaints concerning matters adversely affecting the health,
936	safety, welfare, or rights of residents nursing facilities.
937	(2)  Every resident or representative of a resident shall
938	receive, upon admission to a long-term care facility,
939	information regarding the purpose of the State Long-Term Care
940	Ombudsman Program, the statewide toll-free telephone number for
941	receiving complaints, and other relevant information regarding
942	how to contact the program. Residents or their representatives
943	must be furnished additional copies of this information upon
944	request.
945	Section 14.  Section 400.0079, Florida Statutes, is amended
946	to read:
947	400.0079  Immunity.--
948	(1)  Any person making a complaint pursuant to this part
949	act who does so in good faith shall be immune from any
950	liability, civil or criminal, that otherwise might be incurred
951	or imposed as a direct or indirect result of making the
952	complaint.
953	(2)  The ombudsman or any person authorized by the
954	ombudsman to act acting on behalf of the office, as well as all
955	members of State Long-Term Care Ombudsman or the state and or a
956	local councils, long-term care ombudsman council shall be immune
957	from any liability, civil or criminal, that otherwise might be
958	incurred or imposed, during the good faith performance of
959	official duties.
960	Section 15.  Section 400.0081, Florida Statutes, is amended
961	to read:
962	400.0081  Access to facilities, residents, and records.--
963	(1)  A long-term care facility shall provide the office of
964	State Long-Term Care Ombudsman, the state Long-Term Care
965	Ombudsman council and its members, and the local councils and
966	their members long-term care ombudsman councils, or their
967	representatives, shall have access to:
968	(a)  Any portion of the long-term care facility and any
969	resident as necessary to investigate or resolve a complaint
970	facilities and residents.
971	(b)  Medical and social records of a resident for review as
972	necessary to investigate or resolve a complaint, if:
973	1.  The office has the permission of the resident or the
974	legal representative of the resident; or
975	2.  The resident is unable to consent to the review and has
976	no legal representative.
977	(c)  Medical and social records of the resident as
978	necessary to investigate or resolve a complaint, if:
979	1.  A legal representative guardian of the resident refuses
980	to give permission;.
981	2.  The office has reasonable cause to believe that the
982	representative guardian is not acting in the best interests of
983	the resident; and.
984	3.  The state or local council member representative
985	obtains the approval of the ombudsman.
986	(d)  The administrative records, policies, and documents to
987	which the residents, or the general public, have access.
988	(e)  Upon request, copies of all licensing and
989	certification records maintained by the state with respect to a
990	long-term care facility.
991	(2)  Notwithstanding paragraph (1)(b), if, pursuant to a
992	complaint investigation by the state ombudsman council or a
993	local ombudsman council, the legal representative of the
994	resident refuses to give permission for the release of the
995	resident's records, and if the Office of State Long-Term Care
996	Ombudsman has reasonable cause to find that the legal
997	representative is not acting in the best interests of the
998	resident, the medical and social records of the resident must be
999	made available to the state or local council as is necessary for
1000	the members of the council to investigate the complaint.
1001	(2)(3)  The department of Elderly Affairs, in consultation
1002	with the ombudsman and the state Long-Term Care Ombudsman
1003	council, may shall adopt rules to establish procedures to ensure
1004	access to facilities, residents, and records as described in
1005	this section.
1006	Section 16.  Section 400.0083, Florida Statutes, is amended
1007	to read:
1008	400.0083  Interference; retaliation; penalties.--
1009	(1)  It shall be unlawful for any person, long-term care
1010	facility, or other entity to willfully interfere with a
1011	representative of the office of State Long-Term Care Ombudsman,
1012	the state Long-Term Care Ombudsman council, or a local long-term
1013	care ombudsman council in the performance of official duties.
1014	(2)  It shall be unlawful for any person, long-term care
1015	facility, or other entity to knowingly or willfully take action
1016	or retaliate against any resident, employee, or other person for
1017	filing a complaint with, providing information to, or otherwise
1018	cooperating with any representative of the office of State Long-
1019	Term Care Ombudsman, the state Long-Term Care Ombudsman council,
1020	or a local long-term care ombudsman council.
1021	(3)(a)  Any person, long-term care facility, or other
1022	entity that who violates this section:
1023	(a)  Shall be liable for damages and equitable relief as
1024	determined by law.
1025	(b)  Any person, long-term care facility, or other entity
1026	who violates this section Commits a misdemeanor of the second
1027	degree, punishable as provided in s. 775.083.
1028	Section 17.  Section 400.0085, Florida Statutes, is
1029	repealed.
1030	Section 18.  Section 400.0087, Florida Statutes, is amended
1031	to read:
1032	400.0087  Department Agency oversight; funding.--
1033	(1)  The department shall meet the costs associated with
1034	the State Long-Term Care Ombudsman Program from funds
1035	appropriated to it.
1036	(a)  The department shall include the costs associated with
1037	support of the State Long-Term Care Ombudsman Program when
1038	developing its budget requests for consideration by the Governor
1039	and submittal to the Legislature.
1040	(b)  The department may divert from the federal ombudsman
1041	appropriation an amount equal to the department's administrative
1042	cost ratio to cover the costs associated with administering the
1043	program. The remaining allotment from the Older Americans Act
1044	program shall be expended on direct ombudsman activities.
1045	(2)(1)  The department of Elderly Affairs shall monitor the
1046	office, the state council, and the local ombudsman councils to
1047	ensure that each is responsible for carrying out the duties
1048	delegated to it by state by s. 400.0069 and federal law. The
1049	department, in consultation with the ombudsman, shall adopt
1050	rules to establish the policies and procedures for the
1051	monitoring of local ombudsman councils.
1052	(3)(2)  The department is responsible for ensuring that the
1053	office:
1054	(a)  Has the objectivity and independence required to
1055	qualify it for funding under the federal Older Americans Act.
1056	(b)  of State Long-Term Care Ombudsman Provides information
1057	to public and private agencies, legislators, and others.;
1058	(c)  Provides appropriate training to representatives of
1059	the office or of the state or local long-term care ombudsman
1060	councils.; and
1061	(d)  Coordinates ombudsman services with the Advocacy
1062	Center for Persons with Disabilities and with providers of legal
1063	services to residents of long-term care facilities in compliance
1064	with state and federal laws.
1065	(4)(3)  The department of Elderly Affairs is the designated
1066	state unit on aging for purposes of complying with the federal
1067	Older Americans Act. The Department of Elderly Affairs shall
1068	ensure that the ombudsman program has the objectivity and
1069	independence required to qualify it for funding under the
1070	federal Older Americans Act, and shall carry out the long-term
1071	care ombudsman program through the Office of State Long-Term
1072	Care Ombudsman. The Department of Elderly Affairs shall also:
1073	(a)  Receive and disburse state and federal funds for
1074	purposes that the state ombudsman council has formulated in
1075	accordance with the Older Americans Act.
1076	(b)  Whenever necessary, act as liaison between agencies
1077	and branches of the federal and state governments and the State
1078	Long-Term Care Ombudsman Program representatives, the staffs of
1079	the state and local ombudsman councils, and members of the state
1080	and local ombudsman councils.
1081	Section 19.  Section 400.0089, Florida Statutes, is amended
1082	to read:
1083	400.0089  Complaint data Agency reports.--The office
1084	Department of Elderly Affairs shall maintain a statewide uniform
1085	reporting system to collect and analyze data relating to
1086	complaints and conditions in long-term care facilities and to
1087	residents, for the purpose of identifying and resolving
1088	significant problems. The department and the State Long-Term
1089	Care Ombudsman Council shall submit such data as part of its
1090	annual report required pursuant to s. 400.0067(2)(f) to the
1091	Agency for Health Care Administration, the Department of
1092	Children and Family Services, the Florida Statewide Advocacy
1093	Council, the Advocacy Center for Persons with Disabilities, the
1094	Commissioner for the United States Administration on Aging, the
1095	National Ombudsman Resource Center, and any other state or
1096	federal entities that the ombudsman determines appropriate. The
1097	office State Long-Term Care Ombudsman Council shall publish
1098	quarterly and make readily available information pertaining to
1099	the number and types of complaints received by the State Long-
1100	Term Care Ombudsman Program and shall include such information
1101	in the annual report required under s. 400.0065.
1102	Section 20.  Section 400.0091, Florida Statutes, is amended
1103	to read:
1104	400.0091  Training.--The ombudsman shall ensure that
1105	provide appropriate training is provided to all employees of the
1106	office of State Long-Term Care Ombudsman and to the members of
1107	the state and local long-term care ombudsman councils, including
1108	all unpaid volunteers.
1109	(1)  All state and local council members volunteers and
1110	appropriate employees of the office shall of State Long-Term
1111	Care Ombudsman must be given a minimum of 20 hours of training
1112	upon employment with the office or approval enrollment as a
1113	state or local council member volunteer and 10 hours of
1114	continuing education annually thereafter.
1115	(2)  The ombudsman shall approve the curriculum for the
1116	initial and continuing education training, which must cover, at
1117	a minimum, address:
1118	(a)  Resident confidentiality.
1119	(b)  Guardianships and powers of attorney.,
1120	(c)  Medication administration.,
1121	(d)  Care and medication of residents with dementia and
1122	Alzheimer's disease.,
1123	(e)  Accounting for residents' funds.,
1124	(f)  Discharge rights and responsibilities., and
1125	(g)  Cultural sensitivity.
1126	(h)  Any other topic recommended by the secretary.
1127	(3)  No employee, officer, or representative of the office
1128	or of the state or local long-term care ombudsman councils,
1129	other than the ombudsman, may hold himself or herself out as a
1130	representative of the State Long-Term Care Ombudsman Program or
1131	conduct carry out any authorized program ombudsman duty
1132	described in this part or responsibility unless the person has
1133	received the training required by this section and has been
1134	certified approved by the ombudsman as qualified to carry out
1135	ombudsman activities on behalf of the office or the state or
1136	local long-term care ombudsman councils.
1137	Section 21.  This act shall take effect upon becoming a
1138	law.

CODING: Words stricken are deletions; words underlined are additions.