HB 1067

CS

CHAMBER ACTION

1	The Governmental Operations 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.; requiring the
45	department to adopt rules relating to procedures for
46	receiving, investigating, and assessing complaints against
47	long-term care facilities; deleting provisions requiring
48	certain approval by the Secretary of Elderly Affairs and
49	the ombudsman and the posting and distribution of copies
50	of such procedures; amending s. 400.0073, F.S.; providing
51	conditions for investigations of complaints by state and
52	local ombudsman councils; providing that refusing to allow
53	the ombudsman or a member of a state or local council to
54	enter a long-term care facility is a violation of ch. 400,
55	F.S., under certain circumstances; deleting conditions for
56	onsite administrative inspections; creating s. 400.0074,
57	F.S.; providing conditions and requirements for onsite
58	administrative assessments of nursing homes, assisted
59	living facilities, and adult family-care homes;
60	prohibiting forcible entry of long-term care facilities;
61	providing that refusing to allow the ombudsman or a member
62	of a state or local council to enter a long-term care
63	facility is a violation of ch. 400, F.S., under certain
64	circumstances; amending s. 400.0075, F.S.; providing
65	complaint notification procedures for state and local
66	councils; providing circumstances in which information
67	relating to violations by a long-term care facility is
68	provided to a local law enforcement agency; amending s.
69	400.0078, F.S.; requiring information relating to the
70	State Long-Term Care Ombudsman Program to be provided to
71	residents of long-term care facilities or their
72	representatives; amending s. 400.0079, F.S.; providing for
73	immunity from liability for certain persons; amending s.
74	400.0081, F.S.; requiring long-term care facilities to
75	provide the Office of State Long-Term Care Ombudsman and
76	state and local councils and their members with access to
77	the facility and the records and residents of the
78	facility; authorizing rather than requiring the department
79	to adopt rules regarding access to facilities, records,
80	and residents; amending s. 400.0083, F.S.; prohibiting
81	certain actions against persons who file complaints;
82	providing penalties; repealing s. 400.0085, F.S., relating
83	to a penalty; amending s. 400.0087, F.S.; providing for
84	oversight by and responsibilities of the department;
85	requiring the department to provide certain funding for
86	the State Long-Term Care Ombudsman Program; amending s.
87	400.0089, F.S.; requiring the office to maintain a data
88	reporting system relating to complaints about and
89	conditions in long-term care facilities and to residents
90	therein; requiring the office to publish and include
91	certain information in its annual report; amending s.
92	400.0091, F.S.; providing for training of employees of the
93	office and members of the state and local councils;
94	requiring the ombudsman to approve the curriculum and
95	providing contents thereof; requiring certification of
96	employees by the ombudsman; providing an effective date.
97
98	Be It Enacted by the Legislature of the State of Florida:
99
100	Section 1.  Section 400.0060, Florida Statutes, is amended
101	to read:
102	400.0060  Definitions.--When used in this part, unless the
103	context clearly dictates otherwise requires, the term:
104	(1)  "Administrative assessment" means a review of
105	conditions in a long-term care facility that impact the rights,
106	health, safety, and welfare of residents with the purpose of
107	noting needed improvement and making recommendations to enhance
108	the quality of life for residents.
109	(2)  "Agency" means the Agency for Health Care
110	Administration.
111	(3)  "Department" means the Department of Elderly Affairs.
112	(4)  "Local council" means a local long-term care ombudsman
113	council designated by the ombudsman pursuant to s. 400.0069.
114	Local councils are also known as district long-term care
115	ombudsman councils or district councils.
116	(5)(2)  "Long-term care facility" means a skilled nursing
117	home facility, nursing facility, assisted living facility, adult
118	family-care home, board and care facility, or any other similar
119	residential adult care facility center.
120	(6)(3)  "Office" means the Office of State Long-Term Care
121	Ombudsman created by s. 400.0063.
122	(7)(4)  "Ombudsman" means the individual appointed by the
123	Secretary of Elderly Affairs designated to head the Office of
124	State Long-Term Care Ombudsman.
125	(8)(5)  "Resident" means an individual 60 years of age or
126	older who resides in a long-term care facility.
127	(9)(6)  "Secretary" means the Secretary of Elderly Affairs.
128	(10)  "State council" means the State Long-Term Care
129	Ombudsman Council created by s. 400.0067.
130	Section 2.  Section 400.0061, Florida Statutes, is amended
131	to read:
132	400.0061  Legislative findings and intent; long-term care
133	facilities.--
134	(1)  The Legislature finds that conditions in long-term
135	care facilities in this state are such that the rights, health,
136	safety, and welfare of residents are not fully ensured by rules
137	of the Department of Elderly Affairs or the Agency for Health
138	Care Administration, or by the good faith of owners or operators
139	of long-term care facilities. Furthermore, there is a need for a
140	formal mechanism whereby a long-term care facility resident, a
141	representative of a long-term care facility resident, or any
142	other concerned citizen or his or her representative may make a
143	complaint against the facility or its employees, or against
144	other persons who are in a position to restrict, interfere with,
145	or threaten the rights, health, safety, or welfare of a long-
146	term care facility the resident. The Legislature finds that
147	concerned citizens are often more effective advocates for of the
148	rights of others than governmental agencies. The Legislature
149	further finds that in order to be eligible to receive an
150	allotment of funds authorized and appropriated under the federal
151	Older Americans Act, the state must establish and operate an
152	Office of State Long-Term Care Ombudsman, to be headed by the
153	State Long-Term Care Ombudsman, and carry out a long-term care
154	ombudsman program.
155	(2)  It is the intent of the Legislature, therefore, to
156	utilize voluntary citizen ombudsman councils under the
157	leadership of the ombudsman, and through them to operate an
158	ombudsman program which shall, without interference by any
159	executive agency, undertake to discover, investigate, and
160	determine the presence of conditions or individuals which
161	constitute a threat to the rights, health, safety, or welfare of
162	the residents of long-term care facilities. To ensure that the
163	effectiveness and efficiency of such investigations are not
164	impeded by advance notice or delay, the Legislature intends that
165	the ombudsman and ombudsman councils and their designated
166	representatives not be required to obtain warrants in order to
167	enter into or conduct investigations or onsite administrative
168	assessments inspections of long-term care facilities. It is the
169	further intent of the Legislature that the environment in long-
170	term care facilities shall be conducive to the dignity and
171	independence of residents and that investigations by ombudsman
172	councils shall further the enforcement of laws, rules, and
173	regulations that safeguard the health, safety, and welfare of
174	residents.
175	Section 3.  Section 400.0063, Florida Statutes, is amended
176	to read:
177	400.0063  Establishment of Office of State Long-Term Care
178	Ombudsman; designation of ombudsman and legal advocate.--
179	(1)  There is created an Office of State Long-Term Care
180	Ombudsman in the Department of Elderly Affairs.
181	(2)(a)  The Office of State Long-Term Care Ombudsman shall
182	be headed by the State Long-Term Care Ombudsman, who shall have
183	expertise and experience in the fields of long-term care and
184	advocacy, who shall serve on a full-time basis and shall
185	personally, or through representatives of the office, carry out
186	the purposes and functions of the office of State Long-Term Care
187	Ombudsman in accordance with state and federal law.
188	(b)  The State Long-Term Care ombudsman shall be appointed
189	by and shall serve at the pleasure of the Secretary of Elderly
190	Affairs. The secretary shall appoint a person who has expertise
191	and experience in the fields of long-term care and advocacy to
192	serve as ombudsman. No person who has a conflict of interest, or
193	has an immediate family member who has a conflict of interest,
194	may be involved in the designation of the ombudsman.
195	(3)(a)  There is created in the office of State Long-Term
196	Care Ombudsman the position of legal advocate, who shall be
197	selected by and serve at the pleasure of the ombudsman, and who
198	shall be a member in good standing of The Florida Bar.
199	(b)  The duties of the legal advocate shall include, but
200	not be limited to:
201	1.  Assisting the ombudsman in carrying out the duties of
202	the office with respect to the abuse, neglect, or violation of
203	rights of residents of long-term care facilities.
204	2.  Assisting the state and local ombudsman councils in
205	carrying out their responsibilities under this part.
206	3.  Pursuing administrative, Initiating and prosecuting
207	legal, and other appropriate remedies on behalf of equitable
208	actions to enforce the rights of long-term care facility
209	residents as defined in this chapter.
210	4.  Serving as legal counsel to the state and local
211	ombudsman councils, or individual members thereof, against whom
212	any suit or other legal action is initiated in connection with
213	the performance of the official duties of the councils or an
214	individual member.
215	Section 4.  Section 400.0065, Florida Statutes, is amended
216	to read:
217	400.0065  State Long-Term Care Ombudsman; duties and
218	responsibilities; conflict of interest.--
219	(1)  The purpose of the Office of State Long-Term Care
220	Ombudsman shall be to:
221	(a)  Identify, investigate, and resolve complaints made by
222	or on behalf of residents of long-term care facilities, relating
223	to actions or omissions by providers or representatives of
224	providers of long-term care services, other public or private
225	agencies, guardians, or representative payees that may adversely
226	affect the health, safety, welfare, or rights of the residents.
227	(b)  Provide services that to assist residents in
228	protecting the health, safety, welfare, and rights of the
229	residents.
230	(c)  Inform residents, their representatives, and other
231	citizens about obtaining the services of the Office of State
232	Long-Term Care Ombudsman Program and its representatives.
233	(d)  Ensure that residents have regular and timely access
234	to the services provided through the office and that residents
235	and complainants receive timely responses from representatives
236	of the office to their complaints.
237	(e)  Represent the interests of residents before
238	governmental agencies and seek administrative, legal, and other
239	remedies to protect the health, safety, welfare, and rights of
240	the residents.
241	(f)  Administer the Provide administrative and technical
242	assistance to state and local ombudsman councils.
243	(g)  Analyze, comment on, and monitor the development and
244	implementation of federal, state, and local laws, rules, and
245	regulations, and other governmental policies and actions, that
246	pertain to the health, safety, welfare, and rights of the
247	residents, with respect to the adequacy of long-term care
248	facilities and services in the state, and recommend any changes
249	in such laws, rules, regulations, policies, and actions as the
250	office determines to be appropriate and necessary.
251	(h)  Provide technical support for the development of
252	resident and family councils to protect the well-being and
253	rights of residents.
254	(2)  The State Long-Term Care Ombudsman shall have the duty
255	and authority to:
256	(a)  Establish and coordinate Assist and support the
257	efforts of the State Long-Term Care Ombudsman Council in the
258	establishment and coordination of local ombudsman councils
259	throughout the state.
260	(b)  Perform the duties specified in state and federal law,
261	rules, and regulations.
262	(c)  Within the limits of appropriated federal and state
263	funding authorized and appropriated, employ such personnel,
264	including staff for local ombudsman councils, as are necessary
265	to perform adequately the functions of the office and provide or
266	contract for legal services to assist the state and local
267	ombudsman councils in the performance of their duties. Staff
268	positions established for the purpose of coordinating the
269	activities of for each local ombudsman council and assisting its
270	members may be established as career service positions, and
271	shall be filled by the ombudsman after approval by the
272	secretary. Notwithstanding any other provision of this part,
273	upon certification by the ombudsman that the staff member hired
274	to fill any such position has completed the initial training
275	required under s. 400.0091, such person shall be considered a
276	representative of the State Long-Term Care Ombudsman Program for
277	purposes of this part.
278	(d)  Contract for services necessary to carry out the
279	activities of the office.
280	(e)  Apply for, receive, and accept grants, gifts, or other
281	payments, including, but not limited to, real property, personal
282	property, and services from a governmental entity or other
283	public or private entity or person, and make arrangements for
284	the use of such grants, gifts, or payments.
285	(f)  Coordinate, to the greatest extent possible, state and
286	local ombudsman services with the protection and advocacy
287	systems for individuals with developmental disabilities and
288	mental illnesses and with legal assistance programs for the poor
289	through adoption of memoranda of understanding and other means.
290	(g)  Enter into a cooperative agreement with the Statewide
291	Advocacy Council and district human rights advocacy committees
292	for the purpose of coordinating and avoiding duplication of
293	advocacy services provided to residents of long-term care
294	facilities.
295	(h)  Enter into a cooperative agreement with the Medicaid
296	Fraud Division as prescribed under s. 731(e)(2)(B) of the Older
297	Americans Act.
298	(i)  Prepare an annual report describing the activities
299	carried out by the office, the state council, and the local
300	councils in the year for which the report is prepared. The
301	ombudsman shall submit the report to the secretary at least 30
302	days before the convening of the regular session of the
303	Legislature. The secretary shall in turn submit the report to
304	the United States Assistant Secretary for Aging, the Governor,
305	the President of the Senate, the Speaker of the House of
306	Representatives, the Secretary of Children and Family Services,
307	and the Secretary of Health Care Administration. The report
308	shall, at a minimum:
309	1.  Contain and analyze data collected concerning
310	complaints about and conditions in long-term care facilities and
311	the disposition of such complaints.
312	2.  Evaluate the problems experienced by residents.
313	3.  Analyze the successes of the ombudsman program during
314	the preceding year, including an assessment of how successfully
315	the program has carried out its responsibilities under the Older
316	Americans Act.
317	4.  Provide recommendations for policy, regulatory, and
318	statutory changes designed to solve identified problems; resolve
319	residents' complaints; improve residents' lives and quality of
320	care; protect residents' rights, health, safety, and welfare;
321	and remove any barriers to the optimal operation of the State
322	Long-Term Care Ombudsman Program.
323	5.  Contain recommendations from the State Long-Term Care
324	Ombudsman Council regarding program functions and activities and
325	recommendations for policy, regulatory, and statutory changes
326	designed to protect residents' rights, health, safety, and
327	welfare.
328	6.  Contain any relevant recommendations from the local
329	councils regarding program functions and activities.
330	(3)  The State Long-Term Care Ombudsman shall not:
331	(a)  Have a direct involvement in the licensing or
332	certification of, or an ownership or investment interest in, a
333	long-term care facility or a provider of a long-term care
334	service.
335	(b)  Be employed by, or participate in the management of, a
336	long-term care facility.
337	(c)  Receive, or have a right to receive, directly or
338	indirectly, remuneration, in cash or in kind, under a
339	compensation agreement with the owner or operator of a long-term
340	care facility.
341
342	The Department of Elderly Affairs shall adopt rules to establish
343	procedures to identify and eliminate conflicts of interest as
344	described in this subsection.
345	Section 5.  Section 400.0066, Florida Statutes, is
346	repealed.
347	Section 6.  Section 400.0067, Florida Statutes, is amended
348	to read:
349	400.0067  State Long-Term Care Ombudsman Council; duties;
350	membership.--
351	(1)  There is created within the Office of State Long-Term
352	Care Ombudsman, the State Long-Term Care Ombudsman Council.
353	(2)  The State Long-Term Care Ombudsman Council shall:
354	(a)  Serve as an advisory body to assist the ombudsman in
355	reaching a consensus among local ombudsman councils on issues
356	affecting residents and impacting the optimal operation of the
357	program of statewide concern.
358	(b)  Serve as an appellate body in receiving from the local
359	ombudsman councils complaints not resolved at the local level.
360	Any individual member or members of the state ombudsman council
361	may enter any long-term care facility involved in an appeal,
362	pursuant to the conditions specified in s. 400.0074(2)
363	400.0069(3).
364	(c)  Assist the ombudsman to discover, investigate, and
365	determine the existence of abuse or neglect in any long-term
366	care facility and work with the adult protective services
367	program as required in ss. 415.101?415.113. The Department of
368	Elderly Affairs shall develop procedures relating to such
369	investigations. Investigations may consist, in part, of one or
370	more onsite administrative inspections.
371	(d)  Assist the ombudsman in eliciting, receiving,
372	responding to, and resolving complaints made by or on behalf of
373	long-term care facility residents and in developing procedures
374	relating to the receipt and resolution of such complaints. The
375	secretary shall approve all such procedures.
376	(e)  Elicit and coordinate state, local, and voluntary
377	organizational assistance for the purpose of improving the care
378	received by residents of a long-term care facility.
379	(f)  Assist the ombudsman in preparing the annual report
380	described in s. 400.0065. Prepare an annual report describing
381	the activities carried out by the ombudsman and the State Long-
382	Term Care Ombudsman Council in the year for which the report is
383	prepared. The State Long-Term Care Ombudsman Council shall
384	submit the report to the Secretary of Elderly Affairs. The
385	secretary shall in turn submit the report to the Commissioner of
386	the United States Administration on Aging, the Governor, the
387	President of the Senate, the Speaker of the House of
388	Representatives, the minority leaders of the House and Senate,
389	the chairpersons of appropriate House and Senate committees, the
390	Secretary of Children and Family Services, and the Secretary of
391	Health Care Administration. The report shall be submitted by the
392	Secretary of Elderly Affairs at least 30 days before the
393	convening of the regular session of the Legislature and shall,
394	at a minimum:
395	1.  Contain and analyze data collected concerning
396	complaints about and conditions in long-term care facilities.
397	2.  Evaluate the problems experienced by residents of long-
398	term care facilities.
399	3.  Contain recommendations for improving the quality of
400	life of the residents and for protecting the health, safety,
401	welfare, and rights of the residents.
402	4.  Analyze the success of the ombudsman program during the
403	preceding year and identify the barriers that prevent the
404	optimal operation of the program. The report of the program's
405	successes shall also address the relationship between the state
406	long-term care ombudsman program, the Department of Elderly
407	Affairs, the Agency for Health Care Administration, and the
408	Department of Children and Family Services, and an assessment of
409	how successfully the state long-term care ombudsman program has
410	carried out its responsibilities under the Older Americans Act.
411	5.  Provide policy and regulatory and legislative
412	recommendations to solve identified problems; resolve residents'
413	complaints; improve the quality of care and life of the
414	residents; protect the health, safety, welfare, and rights of
415	the residents; and remove the barriers to the optimal operation
416	of the state long-term care ombudsman program.
417	6.  Contain recommendations from the local ombudsman
418	councils regarding program functions and activities.
419	7.  Include a report on the activities of the legal
420	advocate and other legal advocates acting on behalf of the local
421	and state councils.
422	(3)(a)  The State Long-Term Care Ombudsman Council shall be
423	composed of one active local council member elected designated
424	by each local council plus three at-large members persons
425	appointed by the Governor.
426	(a)  Each local council shall elect by majority vote a
427	representative from among the council members to represent the
428	interests of the local council on the state council. A local
429	council chair may not serve as the representative of the local
430	council on the state council.
431	(b)1.  The secretary, after consulting ombudsman, in
432	consultation with the ombudsman secretary, shall submit to the
433	Governor a list of persons recommended for appointment to the
434	at-large positions on the state council. The list shall not
435	include the name of any person who is currently at least eight
436	names of persons who are not serving on a local council.
437	2.  The Governor shall appoint three at-large members
438	chosen from the list, at least one of whom must be over 60 years
439	of age.
440	3.  If the Governor does not appoint an at-large member to
441	fill a vacant position Governor's appointments are not made
442	within 60 days after the ombudsman submits the list is
443	submitted, the secretary, after consulting with the ombudsman,
444	in consultation with the secretary, shall appoint an at-large
445	member to fill that vacant position three members, one of whom
446	must be over 60 years of age.
447	(c)1.  All state council members shall be appointed to
448	serve 3-year terms.
449	2.  A member of the state Long-Term Care Ombudsman council
450	may not serve more than two consecutive terms.
451	3.  A local council may recommend removal of its elected
452	representative from the state council by a majority vote. If the
453	council votes to remove its representative, the local council
454	chair shall immediately notify the ombudsman. The secretary
455	shall advise the Governor of the local council's vote upon
456	receiving notice from the ombudsman. Any vacancy shall be filled
457	in the same manner as the original appointment.
458	4.  The position of any member missing three state council
459	meetings within a 1-year period consecutive regular meetings
460	without cause may shall be declared vacant by the ombudsman. The
461	findings of the ombudsman regarding cause shall be final and
462	binding.
463	5.  Any vacancy on the state council shall be filled in the
464	same manner as the original appointment.
465	(d)1.  The state ombudsman council shall elect a chair to
466	serve for a term of 1 year. A chair may not serve more than two
467	consecutive terms chairperson for a term of 1 year from among
468	the members who have served for at least 1 year.
469	2.  The chair chairperson shall select a vice chair
470	chairperson from among the members. The vice chair chairperson
471	shall preside over the state council in the absence of the chair
472	chairperson.
473	3.  The chair may create additional executive positions as
474	necessary to carry out the duties of the state council. Any
475	person appointed to an executive position shall serve at the
476	pleasure of the chair, and his or her term shall expire on the
477	same day as the term of the chair.
478	4.  A chair may be immediately removed from office prior to
479	the expiration of his or her term by a vote of two-thirds of all
480	state council members present at any meeting at which a quorum
481	is present. If a chair is removed from office prior to the
482	expiration of his or her term, a replacement chair shall be
483	chosen during the same meeting in the same manner as described
484	in this paragraph, and the term of the replacement chair shall
485	begin immediately. The replacement chair shall serve for the
486	remainder of the term and is eligible to serve two subsequent
487	consecutive terms.
488	(e)1.  The state ombudsman council shall meet upon the call
489	of the chair or upon the call of the ombudsman. The council
490	shall meet chairperson, at least quarterly but may meet or more
491	frequently as needed.
492	2.  A quorum shall be considered present if more than 50
493	percent of all active state council members are in attendance at
494	the same meeting.
495	3.  The state council may not vote on or otherwise make any
496	decisions resulting in a recommendation that will directly
497	impact the state council or any local council outside of a
498	publicly noticed meeting at which a quorum is present.
499	(f)  Members shall receive no compensation but shall, with
500	approval from the ombudsman, be reimbursed for per diem and
501	travel expenses as provided in s. 112.061.
502	(4)  No officer, employee, or representative of the Office
503	of State Long-Term Care Ombudsman or of the State Long-Term Care
504	Ombudsman Council, nor any member of the immediate family of
505	such officer, employee, or representative, may have a conflict
506	of interest. The ombudsman shall adopt rules to identify and
507	remove conflicts of interest.
508	(5)  The Department of Elderly Affairs shall make a
509	separate and distinct request for an appropriation for all
510	expenses for the state and local ombudsman councils.
511	Section 7.  Section 400.0069, Florida Statutes, is amended
512	to read:
513	400.0069  Local long-term care ombudsman councils; duties;
514	membership.--
515	(1)(a)  The ombudsman shall designate local long-term care
516	ombudsman councils to carry out the duties of the State
517	Long-Term Care Ombudsman Program within local communities. Each
518	local council shall function under the direction of the
519	ombudsman.
520	(b)  The ombudsman shall ensure that there is There shall
521	be at least one local long-term care ombudsman council operating
522	in each of the department's planning and service areas of the
523	Department of Elderly Affairs, which shall function under the
524	direction of the ombudsman and the state ombudsman council. The
525	ombudsman may create additional local councils as necessary to
526	ensure that residents throughout the state have adequate access
527	to State Long-Term Care Ombudsman Program services. The
528	ombudsman, after approval from the secretary, shall designate
529	the jurisdictional boundaries of each local council.
530	(2)  The duties of the local councils ombudsman council are
531	to:
532	(a)  To Serve as a third-party mechanism for protecting the
533	health, safety, welfare, and civil and human rights of residents
534	of a long-term care facility.
535	(b)  To Discover, investigate, and determine the existence
536	of abuse or neglect in any long-term care facility and to use
537	the procedures provided for in ss. 415.101-415.113 when
538	applicable. Investigations may consist, in part, of one or more
539	onsite administrative inspections.
540	(c)  To Elicit, receive, investigate, respond to, and
541	resolve complaints made by, or on behalf of, long-term care
542	facility residents.
543	(d)  To Review and, if necessary, to comment on, for their
544	effect on the rights of long-term care facility residents, all
545	existing or proposed rules, regulations, and other governmental
546	policies and actions relating to long-term care facilities that
547	may potentially have an effect on the rights, health, safety,
548	and welfare of residents.
549	(e)  To Review personal property and money accounts of
550	Medicaid residents who are receiving assistance under the
551	Medicaid program pursuant to an investigation to obtain
552	information regarding a specific complaint or problem.
553	(f)  Recommend that the ombudsman and the legal advocate To
554	represent the interests of residents before government agencies
555	and to seek administrative, legal, and other remedies to protect
556	the health, safety, welfare, and rights of the residents.
557	(g)  To Carry out other activities that the ombudsman
558	determines to be appropriate.
559	(3)  In order to carry out the duties specified in
560	subsection (2), a member of a the local ombudsman council is
561	authorized, pursuant to ss. 400.19(1) and 400.434, to enter any
562	long-term care facility without notice or first obtaining a
563	warrant, subject to the provisions of s. 400.0074(2)
564	400.0073(5).
565	(4)  Each local ombudsman council shall be composed of
566	members whose primary residence is located within the boundaries
567	of the local council's jurisdiction.
568	(a)  The ombudsman shall strive to ensure that each local
569	council no less than 15 members and no more than 40 members from
570	the local planning and service area, to include the following
571	persons as members:
572	1.  At least one medical or osteopathic physician whose
573	practice includes or has included a substantial number of
574	geriatric patients and who may have limited practice in a long-
575	term care facility;
576	2.  At least one registered nurse who has geriatric
577	experience, if possible;
578	3.  At least one licensed pharmacist;
579	4.  At least one registered dietitian;
580	5.  At least six nursing home residents or representative
581	consumer advocates for nursing home residents;
582	6.  At least three residents of assisted living facilities
583	or adult family-care homes or three representative consumer
584	advocates for alternative long-term care facility residents;
585	7.  At least one attorney; and
586	8.  At least one professional social worker.
587	(b)  In no case shall the medical director of a long-term
588	care facility or an employee of the agency for Health Care
589	Administration, the department, the Department of Children and
590	Family Services, or the Agency for Persons with Disabilities
591	Department of Elderly Affairs serve as a member or as an ex
592	officio member of a council. Each member of the council shall
593	certify that neither the council member nor any member of the
594	council member's immediate family has any conflict of interest
595	pursuant to subsection (10). Local ombudsman councils are
596	encouraged to recruit council members who are 60 years of age or
597	older.
598	(5)(a)  Individuals wishing to join a local council shall
599	submit an application to the ombudsman. The ombudsman shall
600	review the individual's application and advise the secretary of
601	his or her recommendation for approval or disapproval of the
602	candidate's membership on the local council. If the secretary
603	approves of the individual's membership, the individual shall be
604	appointed as a member of the local council.
605	(b)  The secretary may rescind the ombudsman's approval of
606	a member on a local council at any time. If the secretary
607	rescinds the approval of a member on a local council, the
608	ombudsman shall ensure that the individual is immediately
609	removed from the local council on which he or she serves and the
610	individual may no longer represent the State Long-Term Care
611	Ombudsman Program until the secretary provides his or her
612	approval.
613	(c)  A local council may recommend the removal of one or
614	more of its members by submitting to the ombudsman a resolution
615	adopted by a two-thirds vote of the members of the council
616	stating the name of the member or members recommended for
617	removal and the reasons for the recommendation. If such a
618	recommendation is adopted by a local council, the local council
619	chair or district coordinator shall immediately report the
620	council's recommendation to the ombudsman. The ombudsman shall
621	review the recommendation of the local council and advise the
622	secretary of his or her recommendation regarding removal of the
623	council member or members. All members shall be appointed to
624	serve 3-year terms. Upon expiration of a term and in case of any
625	other vacancy, the council shall select a replacement by
626	majority vote. The ombudsman shall review the selection of the
627	council and recommend approval or disapproval to the Governor.
628	If no action is taken by the Governor to approve or disapprove
629	the replacement of a member within 30 days after the ombudsman
630	has notified the Governor of his or her recommendation, the
631	replacement shall be considered disapproved and the process for
632	selection of a replacement shall be repeated.
633	(6)(a)  Each The local ombudsman council shall elect a
634	chair for a term of 1 year. There shall be no limitation on the
635	number of terms that an approved member of a local council may
636	serve as chair from members who have served at least 1 year.
637	(b)  The chair shall select a vice chair from among the
638	members of the council. The vice chair shall preside over the
639	council in the absence of the chair.
640	(c)  The chair may create additional executive positions as
641	necessary to carry out the duties of the local council. Any
642	person appointed to an executive position shall serve at the
643	pleasure of the chair, and his or her term shall expire on the
644	same day as the term of the chair.
645	(d)  A chair may be immediately removed from office prior
646	to the expiration of his or her term by a vote of two-thirds of
647	the members of the local council. If any chair is removed from
648	office prior to the expiration of his or her term, a replacement
649	chair shall be elected during the same meeting, and the term of
650	the replacement chair shall begin immediately. The replacement
651	chair shall serve for the remainder of the term of the person he
652	or she replaced.
653	(7)  Each The local ombudsman council shall meet upon the
654	call of its the chair or upon the call of the ombudsman. Each
655	local council shall meet, at least once a month but may meet or
656	more frequently if necessary as needed to handle emergency
657	situations.
658	(8)  A member of a local ombudsman council shall receive no
659	compensation but shall, with approval from the ombudsman, be
660	reimbursed for travel expenses both within and outside the
661	jurisdiction of the local council county of residence in
662	accordance with the provisions of s. 112.061.
663	(9)  The local ombudsman councils are authorized to call
664	upon appropriate agencies of state government for such
665	professional assistance as may be needed in the discharge of
666	their duties. All state agencies shall cooperate with the local
667	ombudsman councils in providing requested information and agency
668	representation representatives at council meetings.
669	(10)  No officer, employee, or representative of a local
670	long-term care ombudsman council, nor any member of the
671	immediate family of such officer, employee, or representative,
672	may have a conflict of interest. The ombudsman shall adopt rules
673	to identify and remove conflicts of interest.
674	Section 8.  Section 400.0070, Florida Statutes, is created
675	to read:
676	400.0070  Conflicts of interest.--
677	(1)  The ombudsman shall not:
678	(a)  Have a direct involvement in the licensing or
679	certification of, or an ownership or investment interest in, a
680	long-term care facility or a provider of a long-term care
681	service.
682	(b)  Be employed by, or participate in the management of, a
683	long-term care facility.
684	(c)  Receive, or have a right to receive, directly or
685	indirectly, remuneration, in cash or in kind, under a
686	compensation agreement with the owner or operator of a long-term
687	care facility.
688	(2)  Each employee of the office, each state council
689	member, and each local council member shall certify that he or
690	she has no conflict of interest.
691	(3)  The department shall define by rule:
692	(a)  Situations that constitute a person having a conflict
693	of interest that could materially affect the objectivity or
694	capacity of a person to serve on an ombudsman council, or as an
695	employee of the office, while carrying out the purposes of the
696	State Long-Term Care Ombudsman Program as specified in this
697	part.
698	(b)  The procedure by which a person listed in subsection
699	(2) shall certify that he or she has no conflict of interest.
700	Section 9.  Section 400.0071, Florida Statutes, is amended
701	to read:
702	400.0071  State Long-Term Care Ombudsman Program complaint
703	procedures.--
704	(1)  The department state ombudsman council shall adopt
705	rules pursuant to ss. 120.536(1) and 120.54 to implement
706	recommend to the ombudsman and the secretary state and local
707	complaint procedures.  The rules shall include procedures for:
708	(1)  Receiving complaints against a nursing home or long-
709	term care facility or an its employee of a long-term care
710	facility.
711	(2)  Conducting investigations of a long-term care facility
712	or an employee of a long-term care facility subsequent to
713	receiving a complaint.
714	(3)  Conducting onsite administrative assessments of long-
715	term care facilities. The procedures shall be implemented after
716	the approval of the ombudsman and the secretary.
717	(2)  These procedures shall be posted in full view in every
718	nursing home or long-term care facility. Every resident or
719	representative of a resident shall receive, upon admission to a
720	nursing home or long-term care facility, a printed copy of the
721	procedures of the state and the local ombudsman councils.
722	Section 10.  Section 400.0073, Florida Statutes, is amended
723	to read:
724	400.0073  State and local ombudsman council
725	investigations.--
726	(1)  A local ombudsman council shall investigate, within a
727	reasonable time after a complaint is made, any complaint of a
728	resident, a or representative of a resident, or any other
729	credible source based on an action or omission by an
730	administrator, an or employee, or a representative of a nursing
731	home or long-term care facility which might be:
732	(a)  Contrary to law;.
733	(b)  Unreasonable, unfair, oppressive, or unnecessarily
734	discriminatory, even though in accordance with law;.
735	(c)  Based on a mistake of fact;.
736	(d)  Based on improper or irrelevant grounds;.
737	(e)  Unaccompanied by an adequate statement of reasons;.
738	(f)  Performed in an inefficient manner; or.
739	(g)  Otherwise adversely affecting the health, safety,
740	welfare, or rights of a resident erroneous.
741	(2)  In an investigation, both the state and local
742	ombudsman councils have the authority to hold public hearings.
743	(3)  Subsequent to an appeal from a local ombudsman
744	council, the state ombudsman council may investigate any
745	complaint received by the local council involving a nursing home
746	or long-term care facility or a resident.
747	(4)  If the ombudsman or any state or local council member
748	is not allowed to enter a long-term care facility, the
749	administrator of the facility shall be considered to have
750	interfered with a representative of the office, the state
751	council, or the local council in the performance of official
752	duties as described in s. 400.0083(1) and to have committed a
753	violation of this part. The ombudsman shall report a facility's
754	refusal to allow entry to the agency, and the agency shall
755	record the report and take it into consideration when
756	determining actions allowable under s. 400.102, s. 400.121, s.
757	400.414, s. 400.419, s. 400.6194, or s. 400.6196. In addition to
758	any specific investigation made pursuant to a complaint, the
759	local ombudsman council shall conduct, at least annually, an
760	investigation, which shall consist, in part, of an onsite
761	administrative inspection, of each nursing home or long-term
762	care facility within its jurisdiction. This inspection shall
763	focus on the rights, health, safety, and welfare of the
764	residents.
765	(5)  Any onsite administrative inspection conducted by an
766	ombudsman council shall be subject to the following:
767	(a)  All inspections shall be at times and for durations
768	necessary to produce the information required to carry out the
769	duties of the council.
770	(b)  No advance notice of an inspection shall be provided
771	to any nursing home or long-term care facility, except that
772	notice of followup inspections on specific problems may be
773	provided.
774	(c)  Inspections shall be conducted in a manner which will
775	impose no unreasonable burden on nursing homes or long-term care
776	facilities, consistent with the underlying purposes of this
777	part. Unnecessary duplication of efforts among council members
778	or the councils shall be reduced to the extent possible.
779	(d)  Any ombudsman council member physically present for
780	the inspection shall identify himself or herself and the
781	statutory authority for his or her inspection of the facility.
782	(e)  Inspections may not unreasonably interfere with the
783	programs and activities of clients within the facility.
784	Ombudsman council members shall respect the rights of residents.
785	(f)  All inspections shall be limited to compliance with
786	parts II, III, and VII of this chapter and 42 U.S.C. ss. 1396(a)
787	et seq., and any rules or regulations promulgated pursuant to
788	such laws.
789	(g)  No ombudsman council member shall enter a single-
790	family residential unit within a long-term care facility without
791	the permission of the resident or the representative of the
792	resident.
793	(h)  Any inspection resulting from a specific complaint
794	made to an ombudsman council concerning a facility shall be
795	conducted within a reasonable time after the complaint is made.
796	(6)  An inspection may not be accomplished by forcible
797	entry. Refusal of a long-term care facility to allow entry of
798	any ombudsman council member constitutes a violation of part II,
799	part III, or part VII of this chapter.
800	Section 11.  Section 400.0074, Florida Statutes, is created
801	to read:
802	400.0074  Local ombudsman council onsite administrative
803	assessments.--
804	(1)  In addition to any specific investigation conducted
805	pursuant to a complaint, the local council shall conduct, at
806	least annually, an onsite administrative assessment of each
807	nursing home, assisted living facility, and adult family-care
808	home within its jurisdiction. This administrative assessment
809	shall focus on factors affecting the rights, health, safety, and
810	welfare of the residents. Each local council is encouraged to
811	conduct a similar onsite administrative assessment of each
812	additional long-term care facility within its jurisdiction.
813	(2)  An onsite administrative assessment conducted by a
814	local council shall be subject to the following conditions:
815	(a)  To the extent possible and reasonable, the
816	administrative assessments shall not duplicate the efforts of
817	the agency surveys and inspections conducted under parts II,
818	III, and VII of this chapter.
819	(b)  An administrative assessment shall be conducted at a
820	time and for a duration necessary to produce the information
821	required to carry out the duties of the local council.
822	(c)  Advance notice of an administrative assessment may not
823	be provided to a long-term care facility, except that notice of
824	followup assessments on specific problems may be provided.
825	(d)  A local council member physically present for the
826	administrative assessment shall identify himself or herself and
827	cite the specific statutory authority for his or her assessment
828	of the facility.
829	(e)  An administrative assessment may not unreasonably
830	interfere with the programs and activities of residents.
831	(f)  A local council member may not enter a single-family
832	residential unit within a long-term care facility during an
833	administrative assessment without the permission of the resident
834	or the representative of the resident.
835	(g)  An administrative assessment shall be conducted in a
836	manner that will impose no unreasonable burden on the long-term
837	care facility.
838	(3)  Regardless of jurisdiction, the ombudsman may
839	authorize a state or local council member to assist another
840	local council to perform the administrative assessments
841	described in this section.
842	(4)  An onsite administrative assessment may not be
843	accomplished by forcible entry. However, if the ombudsman or a
844	state or local council member is not allowed to enter a long-
845	term care facility, the administrator of the facility shall be
846	considered to have interfered with a representative of the
847	office, the state council, or the local council in the
848	performance of official duties as described in s. 400.0083(1)
849	and to have committed a violation of this part. The ombudsman
850	shall report the refusal by a facility to allow entry to the
851	agency, and the agency shall record the report and take it into
852	consideration when determining actions allowable under s.
853	400.102, s. 400.121, s. 400.414, s. 400.419, s. 400.6194, or s.
854	400.6196.
855	Section 12.  Section 400.0075, Florida Statutes, is amended
856	to read:
857	400.0075  Complaint notification and resolution
858	procedures.--
859	(1)(a)  Any complaint or, including any problem verified
860	identified by an ombudsman council as a result of an
861	investigation or onsite administrative assessment, which
862	complaint or problem is determined to require, deemed valid and
863	requiring remedial action by the local ombudsman council, shall
864	be identified and brought to the attention of the long-term care
865	facility administrator in writing. Upon receipt of such
866	document, the administrator, in concurrence with the concurrence
867	of the local ombudsman council chair, shall establish target
868	dates for taking appropriate remedial action. If, by the target
869	date, the remedial action is not completed or forthcoming, the
870	local ombudsman council chair may, after obtaining approval from
871	the ombudsman and a majority of the members of the local
872	council:
873	1.(a)  Extend the target date if the chair council has
874	reason to believe such action would facilitate the resolution of
875	the complaint.
876	2.(b)  In accordance with s. 400.0077, publicize the
877	complaint, the recommendations of the council, and the response
878	of the long-term care facility.
879	3.(c)  Refer the complaint to the state ombudsman council.
880	(b)  If the local council chair believes that the health,
881	safety, welfare, or rights of the resident are in imminent
882	danger, the chair shall notify the ombudsman or legal advocate,
883	who, after verifying that such imminent danger exists, shall
884	local long-term care ombudsman council may seek immediate legal
885	or administrative remedies to protect the resident.
886	(c)  If the ombudsman has reason to believe that the long-
887	term care facility or an employee of the facility has committed
888	a criminal act, the ombudsman shall provide the local law
889	enforcement agency with the relevant information to initiate an
890	investigation of the case.
891	(2)(a)  Upon referral from a the local ombudsman council,
892	the state ombudsman council shall assume the responsibility for
893	the disposition of the complaint. If a long-term care facility
894	fails to take action on a complaint found valid by the state
895	ombudsman council, the state council may, after obtaining
896	approval from the ombudsman and a majority of the state council
897	members:
898	1.(a)  In accordance with s. 400.0077, publicize the
899	complaint, the recommendations of the local or state council,
900	and the response of the long-term care facility.
901	2.(b)  Recommend to the department and the agency a series
902	of facility reviews pursuant to s. 400.19(4), s. 400.434, or s.
903	400.619 to ensure assure correction and nonrecurrence of
904	conditions that give rise to complaints against a long-term care
905	facility.
906	(c)  Recommend to the agency changes in rules for
907	inspecting and licensing or certifying long-term care
908	facilities, and recommend to the Agency for Health Care
909	Administration changes in rules for licensing and regulating
910	long-term care facilities.
911	(d)  Refer the complaint to the state attorney for
912	prosecution if there is reason to believe the long-term care
913	facility or its employee is guilty of a criminal act.
914	3.(e)  Recommend to the department and the agency for
915	Health Care Administration that the long-term care facility no
916	longer receive payments under any the state Medical assistance
917	program, including (Medicaid).
918	4.(f)  Recommend to that the department and the agency that
919	initiate procedures be initiated for revocation of the long-term
920	care facility's license in accordance with chapter 120.
921	(g)  Seek legal, administrative, or other remedies to
922	protect the health, safety, welfare, or rights of the resident.
923	(b)  If the state council chair believes that the health,
924	safety, welfare, or rights of the resident are in imminent
925	danger, the chair shall notify the ombudsman or legal advocate,
926	who, after verifying that such imminent danger exists, State
927	Long-Term Care Ombudsman Council shall seek immediate legal or
928	administrative remedies to protect the resident.
929	(c)  If the ombudsman has reason to believe that the long-
930	term care facility or an employee of the facility has committed
931	a criminal act, the ombudsman shall provide local law
932	enforcement with the relevant information to initiate an
933	investigation of the case.
934	(3)  The state ombudsman council shall provide, as part of
935	its annual report required pursuant to s. 400.0067(2)(f),
936	information relating to the disposition of all complaints to the
937	Department of Elderly Affairs.
938	Section 13.  Section 400.0078, Florida Statutes, is amended
939	to read:
940	400.0078  Citizen access to State Long-Term Care Ombudsman
941	Program services Statewide toll-free telephone number.--
942	(1)  The office of State Long-Term Care Ombudsman shall
943	establish a statewide toll-free telephone number for receiving
944	complaints concerning matters adversely affecting the health,
945	safety, welfare, or rights of residents nursing facilities.
946	(2)  Every resident or representative of a resident shall
947	receive, upon admission to a long-term care facility,
948	information regarding the purpose of the State Long-Term Care
949	Ombudsman Program, the statewide toll-free telephone number for
950	receiving complaints, and other relevant information regarding
951	how to contact the program. Residents or their representatives
952	must be furnished additional copies of this information upon
953	request.
954	Section 14.  Section 400.0079, Florida Statutes, is amended
955	to read:
956	400.0079  Immunity.--
957	(1)  Any person making a complaint pursuant to this part
958	act who does so in good faith shall be immune from any
959	liability, civil or criminal, that otherwise might be incurred
960	or imposed as a direct or indirect result of making the
961	complaint.
962	(2)  The ombudsman or any person authorized by the
963	ombudsman to act acting on behalf of the office, as well as all
964	members of State Long-Term Care Ombudsman or the state and or a
965	local councils, long-term care ombudsman council shall be immune
966	from any liability, civil or criminal, that otherwise might be
967	incurred or imposed, during the good faith performance of
968	official duties.
969	Section 15.  Section 400.0081, Florida Statutes, is amended
970	to read:
971	400.0081  Access to facilities, residents, and records.--
972	(1)  A long-term care facility shall provide the office of
973	State Long-Term Care Ombudsman, the state Long-Term Care
974	Ombudsman council and its members, and the local councils and
975	their members long-term care ombudsman councils, or their
976	representatives, shall have access to:
977	(a)  Any portion of the long-term care facility and any
978	resident as necessary to investigate or resolve a complaint
979	facilities and residents.
980	(b)  Medical and social records of a resident for review as
981	necessary to investigate or resolve a complaint, if:
982	1.  The office has the permission of the resident or the
983	legal representative of the resident; or
984	2.  The resident is unable to consent to the review and has
985	no legal representative.
986	(c)  Medical and social records of the resident as
987	necessary to investigate or resolve a complaint, if:
988	1.  A legal representative guardian of the resident refuses
989	to give permission;.
990	2.  The office has reasonable cause to believe that the
991	representative guardian is not acting in the best interests of
992	the resident; and.
993	3.  The state or local council member representative
994	obtains the approval of the ombudsman.
995	(d)  The administrative records, policies, and documents to
996	which the residents, or the general public, have access.
997	(e)  Upon request, copies of all licensing and
998	certification records maintained by the state with respect to a
999	long-term care facility.
1000	(2)  Notwithstanding paragraph (1)(b), if, pursuant to a
1001	complaint investigation by the state ombudsman council or a
1002	local ombudsman council, the legal representative of the
1003	resident refuses to give permission for the release of the
1004	resident's records, and if the Office of State Long-Term Care
1005	Ombudsman has reasonable cause to find that the legal
1006	representative is not acting in the best interests of the
1007	resident, the medical and social records of the resident must be
1008	made available to the state or local council as is necessary for
1009	the members of the council to investigate the complaint.
1010	(2)(3)  The department of Elderly Affairs, in consultation
1011	with the ombudsman and the state Long-Term Care Ombudsman
1012	council, may shall adopt rules to establish procedures to ensure
1013	access to facilities, residents, and records as described in
1014	this section.
1015	Section 16.  Section 400.0083, Florida Statutes, is amended
1016	to read:
1017	400.0083  Interference; retaliation; penalties.--
1018	(1)  It shall be unlawful for any person, long-term care
1019	facility, or other entity to willfully interfere with a
1020	representative of the office of State Long-Term Care Ombudsman,
1021	the state Long-Term Care Ombudsman council, or a local long-term
1022	care ombudsman council in the performance of official duties.
1023	(2)  It shall be unlawful for any person, long-term care
1024	facility, or other entity to knowingly or willfully take action
1025	or retaliate against any resident, employee, or other person for
1026	filing a complaint with, providing information to, or otherwise
1027	cooperating with any representative of the office of State Long-
1028	Term Care Ombudsman, the state Long-Term Care Ombudsman council,
1029	or a local long-term care ombudsman council.
1030	(3)(a)  Any person, long-term care facility, or other
1031	entity that who violates this section:
1032	(a)  Shall be liable for damages and equitable relief as
1033	determined by law.
1034	(b)  Any person, long-term care facility, or other entity
1035	who violates this section Commits a misdemeanor of the second
1036	degree, punishable as provided in s. 775.083.
1037	Section 17.  Section 400.0085, Florida Statutes, is
1038	repealed.
1039	Section 18.  Section 400.0087, Florida Statutes, is amended
1040	to read:
1041	400.0087  Department Agency oversight; funding.--
1042	(1)  The department shall meet the costs associated with
1043	the State Long-Term Care Ombudsman Program from funds
1044	appropriated to it.
1045	(a)  The department shall include the costs associated with
1046	support of the State Long-Term Care Ombudsman Program when
1047	developing its budget requests for consideration by the Governor
1048	and submittal to the Legislature.
1049	(b)  The department may divert from the federal ombudsman
1050	appropriation an amount equal to the department's administrative
1051	cost ratio to cover the costs associated with administering the
1052	program. The remaining allotment from the Older Americans Act
1053	program shall be expended on direct ombudsman activities.
1054	(2)(1)  The department of Elderly Affairs shall monitor the
1055	office, the state council, and the local ombudsman councils to
1056	ensure that each is responsible for carrying out the duties
1057	delegated to it by state by s. 400.0069 and federal law. The
1058	department, in consultation with the ombudsman, shall adopt
1059	rules to establish the policies and procedures for the
1060	monitoring of local ombudsman councils.
1061	(3)(2)  The department is responsible for ensuring that the
1062	office:
1063	(a)  Has the objectivity and independence required to
1064	qualify it for funding under the federal Older Americans Act.
1065	(b)  of State Long-Term Care Ombudsman Provides information
1066	to public and private agencies, legislators, and others.;
1067	(c)  Provides appropriate training to representatives of
1068	the office or of the state or local long-term care ombudsman
1069	councils.; and
1070	(d)  Coordinates ombudsman services with the Advocacy
1071	Center for Persons with Disabilities and with providers of legal
1072	services to residents of long-term care facilities in compliance
1073	with state and federal laws.
1074	(4)(3)  The department of Elderly Affairs is the designated
1075	state unit on aging for purposes of complying with the federal
1076	Older Americans Act. The Department of Elderly Affairs shall
1077	ensure that the ombudsman program has the objectivity and
1078	independence required to qualify it for funding under the
1079	federal Older Americans Act, and shall carry out the long-term
1080	care ombudsman program through the Office of State Long-Term
1081	Care Ombudsman. The Department of Elderly Affairs shall also:
1082	(a)  Receive and disburse state and federal funds for
1083	purposes that the state ombudsman council has formulated in
1084	accordance with the Older Americans Act.
1085	(b)  Whenever necessary, act as liaison between agencies
1086	and branches of the federal and state governments and the State
1087	Long-Term Care Ombudsman Program representatives, the staffs of
1088	the state and local ombudsman councils, and members of the state
1089	and local ombudsman councils.
1090	Section 19.  Section 400.0089, Florida Statutes, is amended
1091	to read:
1092	400.0089  Complaint data Agency reports.--The office
1093	Department of Elderly Affairs shall maintain a statewide uniform
1094	reporting system to collect and analyze data relating to
1095	complaints and conditions in long-term care facilities and to
1096	residents, for the purpose of identifying and resolving
1097	significant problems. The department and the State Long-Term
1098	Care Ombudsman Council shall submit such data as part of its
1099	annual report required pursuant to s. 400.0067(2)(f) to the
1100	Agency for Health Care Administration, the Department of
1101	Children and Family Services, the Florida Statewide Advocacy
1102	Council, the Advocacy Center for Persons with Disabilities, the
1103	Commissioner for the United States Administration on Aging, the
1104	National Ombudsman Resource Center, and any other state or
1105	federal entities that the ombudsman determines appropriate. The
1106	office State Long-Term Care Ombudsman Council shall publish
1107	quarterly and make readily available information pertaining to
1108	the number and types of complaints received by the State Long-
1109	Term Care Ombudsman Program and shall include such information
1110	in the annual report required under s. 400.0065.
1111	Section 20.  Section 400.0091, Florida Statutes, is amended
1112	to read:
1113	400.0091  Training.--The ombudsman shall ensure that
1114	provide appropriate training is provided to all employees of the
1115	office of State Long-Term Care Ombudsman and to the members of
1116	the state and local long-term care ombudsman councils, including
1117	all unpaid volunteers.
1118	(1)  All state and local council members volunteers and
1119	appropriate employees of the office shall of State Long-Term
1120	Care Ombudsman must be given a minimum of 20 hours of training
1121	upon employment with the office or approval enrollment as a
1122	state or local council member volunteer and 10 hours of
1123	continuing education annually thereafter.
1124	(2)  The ombudsman shall approve the curriculum for the
1125	initial and continuing education training, which must cover, at
1126	a minimum, address:
1127	(a)  Resident confidentiality.
1128	(b)  Guardianships and powers of attorney.,
1129	(c)  Medication administration.,
1130	(d)  Care and medication of residents with dementia and
1131	Alzheimer's disease.,
1132	(e)  Accounting for residents' funds.,
1133	(f)  Discharge rights and responsibilities., and
1134	(g)  Cultural sensitivity.
1135	(h)  Any other topic recommended by the secretary.
1136	(3)  No employee, officer, or representative of the office
1137	or of the state or local long-term care ombudsman councils,
1138	other than the ombudsman, may hold himself or herself out as a
1139	representative of the State Long-Term Care Ombudsman Program or
1140	conduct carry out any authorized program ombudsman duty
1141	described in this part or responsibility unless the person has
1142	received the training required by this section and has been
1143	certified approved by the ombudsman as qualified to carry out
1144	ombudsman activities on behalf of the office or the state or
1145	local long-term care ombudsman councils.
1146	Section 21.  This act shall take effect upon becoming a
1147	law.

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