Senate Bill sb1922

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    Florida Senate - 2006                                  SB 1922

    By Senator Peaden





    2-1042-06                                               See HB

  1                      A bill to be entitled

  2         An act relating to the State Long-Term Care

  3         Ombudsman Program; amending s. 400.0060, F.S.;

  4         providing and revising definitions; amending s.

  5         400.0061, F.S.; revising legislative findings

  6         and intent; amending s. 400.0063, F.S.;

  7         revising provisions relating to qualifications

  8         of the State Long-Term Care Ombudsman; revising

  9         duties of the legal advocate; amending s.

10         400.0065, F.S.; revising duties and

11         responsibilities of the State Long-Term Care

12         Ombudsman; requiring an annual report; deleting

13         provisions relating to conflict of interest;

14         repealing s. 400.0066, F.S., relating to the

15         Office of State Long-Term Care Ombudsman and

16         departments of state government; amending s.

17         400.0067, F.S.; revising duties and membership

18         of the State Long-Term Care Ombudsman Council;

19         providing for election of a local council

20         member from each local council to provide

21         representation on the state council;

22         authorizing the Secretary of Elderly Affairs to

23         recommend to the Governor appointments for

24         at-large positions on the state council;

25         providing that state council members serve at

26         the pleasure of the Governor; providing

27         conditions for removal of members of and for

28         filling vacancies on the state council;

29         providing for election of officers and

30         meetings; providing for per diem and travel

31         expenses if approved by the ombudsman; deleting

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         provisions relating to conflicts of interest

 2         and requests for appropriations; amending s.

 3         400.0069, F.S.; authorizing the State Long-Term

 4         Care Ombudsman to designate and direct local

 5         long-term care ombudsman councils; requiring

 6         approval by the Secretary of Elderly Affairs of

 7         jurisdictional boundaries designated by the

 8         ombudsman; revising duties of local long-term

 9         care ombudsman councils; providing requirements

10         and application for membership, election of

11         officers, and meetings of local long-term care

12         ombudsman councils; providing conditions for

13         removal of members; providing for travel

14         expenses for members of the council; deleting

15         provisions relating to conflicts of interest;

16         creating s. 400.0070, F.S.; consolidating

17         provisions relating to conflicts of interest of

18         the ombudsman; providing rulemaking authority

19         to the Department of Elderly Affairs regarding

20         conflicts of interest; amending s. 400.0071,

21         F.S.; establishing procedures for receiving,

22         investigating, and assessing complaints against

23         long-term care facilities; deleting provisions

24         requiring the posting and distribution of

25         copies of such procedures; amending s.

26         400.0073, F.S.; providing conditions for

27         investigations of complaints by state and local

28         ombudsman councils; providing that refusing to

29         allow the ombudsman or a member of a state or

30         local council to enter a long-term care

31         facility is a violation of ch. 400, F.S., under

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         certain circumstances; deleting conditions for

 2         onsite administrative inspections; creating s.

 3         400.0074, F.S.; providing conditions and

 4         requirements for onsite administrative

 5         assessments of nursing homes, assisted living

 6         facilities, and adult family-care homes;

 7         prohibiting forcible entry of long-term care

 8         facilities; providing that refusing to allow

 9         the ombudsman or a member of a state or local

10         council to enter a long-term care facility is a

11         violation of ch. 400, F.S., under certain

12         circumstances; amending s. 400.0075, F.S.;

13         providing complaint notification procedures for

14         state and local councils; providing

15         circumstances in which information relating to

16         violations by a long-term care facility is

17         provided to a local law enforcement agency;

18         amending s. 400.0078, F.S.; requiring

19         information relating to the State Long-Term

20         Care Ombudsman Program to be provided to

21         residents of long-term care facilities or their

22         representatives; amending s. 400.0079, F.S.;

23         providing for immunity from liability for

24         certain persons; amending s. 400.0081, F.S.;

25         requiring long-term care facilities to provide

26         the Office of State Long-Term Care Ombudsman

27         and state and local councils and their members

28         with access to the facility and the records and

29         residents of the facility; authorizing rather

30         than requiring the department to adopt rules

31         regarding access to facilities, records, and

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         residents; amending s. 400.0083, F.S.;

 2         prohibiting certain actions against persons who

 3         file complaints; providing penalties; repealing

 4         s. 400.0085, F.S., relating to a penalty;

 5         amending s. 400.0087, F.S.; providing for

 6         oversight by and responsibilities of the

 7         department; requiring the department to provide

 8         certain funding for the State Long-Term Care

 9         Ombudsman Program; amending s. 400.0089, F.S.;

10         requiring the office to maintain a data

11         reporting system relating to complaints about

12         and conditions in long-term care facilities and

13         to residents therein; requiring the office to

14         publish and include certain information in its

15         annual report; amending s. 400.0091, F.S.;

16         providing for training of employees of the

17         office and members of the state and local

18         councils; requiring the ombudsman to approve

19         the curriculum and providing contents thereof;

20         requiring certification of employees by the

21         ombudsman; providing an effective date.

22  

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

24  

25         Section 1.  Section 400.0060, Florida Statutes, is

26  amended to read:

27         400.0060  Definitions.--When used in this part, unless

28  the context clearly dictates otherwise requires, the term:

29         (1)  "Agency" means the Agency for Health Care

30  Administration.

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         (2)  "Department" means the Department of Elderly

 2  Affairs.

 3         (3)  "Local council" means a local long-term care

 4  ombudsman council designated by the ombudsman pursuant to s.

 5  400.0069. Local councils are also known as district long-term

 6  care ombudsman councils or district councils.

 7         (4)(2)  "Long-term care facility" means a skilled

 8  nursing home facility, nursing facility, assisted living

 9  facility, adult family-care home, board and care facility, or

10  any other similar residential adult care facility center.

11         (5)(3)  "Office" means the Office of State Long-Term

12  Care Ombudsman created by s. 400.0063.

13         (6)(4)  "Ombudsman" means the individual appointed by

14  the Secretary of Elderly Affairs designated to head the Office

15  of State Long-Term Care Ombudsman.

16         (7)(5)  "Resident" means an individual 60 years of age

17  or older who resides in a long-term care facility.

18         (8)(6)  "Secretary" means the Secretary of Elderly

19  Affairs.

20         (9)  "State council" means the State Long-Term Care

21  Ombudsman Council created by s. 400.0067.

22         Section 2.  Section 400.0061, Florida Statutes, is

23  amended to read:

24         400.0061  Legislative findings and intent; long-term

25  care facilities.--

26         (1)  The Legislature finds that conditions in long-term

27  care facilities in this state are such that the rights,

28  health, safety, and welfare of residents are not fully ensured

29  by rules of the Department of Elderly Affairs or the Agency

30  for Health Care Administration, or by the good faith of owners

31  or operators of long-term care facilities. Furthermore, there

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  is a need for a formal mechanism whereby a long-term care

 2  facility resident, a representative of a long-term care

 3  facility resident, or any other concerned citizen or his or

 4  her representative may make a complaint against the facility

 5  or an employee of the facility its employees, or against other

 6  persons who are in a position to restrict, interfere with, or

 7  threaten the rights, health, safety, or welfare of a long-term

 8  care facility the resident. The Legislature finds that

 9  concerned citizens are often more effective advocates for of

10  the rights of others than governmental agencies. The

11  Legislature further finds that in order to be eligible to

12  receive an allotment of funds authorized and appropriated

13  under the federal Older Americans Act, the state must

14  establish and operate an Office of State Long-Term Care

15  Ombudsman, to be headed by the State Long-Term Care Ombudsman,

16  and carry out a long-term care ombudsman program.

17         (2)  It is the intent of the Legislature, therefore, to

18  utilize voluntary citizen ombudsman councils under the

19  leadership of the ombudsman, and through them to operate an

20  ombudsman program which shall, without interference by any

21  executive agency, undertake to discover, investigate, and

22  determine the presence of conditions or individuals which

23  constitute a threat to the rights, health, safety, or welfare

24  of the residents of long-term care facilities. To ensure that

25  the effectiveness and efficiency of such investigations are

26  not impeded by advance notice or delay, the Legislature

27  intends that the ombudsman and ombudsman councils and their

28  designated representatives not be required to obtain warrants

29  in order to enter into or conduct investigations or onsite

30  administrative assessments inspections of long-term care

31  facilities. It is the further intent of the Legislature that

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  the environment in long-term care facilities shall be

 2  conducive to the dignity and independence of residents and

 3  that investigations by ombudsman councils shall further the

 4  enforcement of laws, rules, and regulations that safeguard the

 5  health, safety, and welfare of residents.

 6         Section 3.  Section 400.0063, Florida Statutes, is

 7  amended to read:

 8         400.0063  Establishment of Office of State Long-Term

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

10         (1)  There is created an Office of State Long-Term Care

11  Ombudsman in the Department of Elderly Affairs.

12         (2)(a)  The Office of State Long-Term Care Ombudsman

13  shall be headed by the State Long-Term Care Ombudsman, who

14  shall have expertise and experience in the fields of long-term

15  care and advocacy, who shall serve on a full-time basis and

16  shall personally, or through representatives of the office,

17  carry out the purposes and functions of the office of State

18  Long-Term Care Ombudsman in accordance with state and federal

19  law.

20         (b)  The State Long-Term Care ombudsman shall be

21  appointed by and shall serve at the pleasure of the Secretary

22  of Elderly Affairs. The secretary shall appoint a person who

23  has expertise and experience in the fields of long-term care

24  and advocacy to serve as ombudsman. No person who has a

25  conflict of interest, or has an immediate family member who

26  has a conflict of interest, may be involved in the designation

27  of the ombudsman.

28         (3)(a)  There is created in the office of State

29  Long-Term Care Ombudsman the position of legal advocate, who

30  shall be selected by and serve at the pleasure of the

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  ombudsman, and who shall be a member in good standing of The

 2  Florida Bar.

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

 4  but not be limited to:

 5         1.  Assisting the ombudsman in carrying out the duties

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

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

 8         2.  Assisting the state and local ombudsman councils in

 9  carrying out their responsibilities under this part.

10         3.  Pursuing administrative, Initiating and prosecuting

11  legal, and other appropriate remedies on behalf of equitable

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

13  residents as defined in this chapter.

14         4.  Serving as legal counsel, in conjunction with the

15  department's legal counsel, to the state and local ombudsman

16  councils, or individual members thereof, against whom any suit

17  or other legal action is initiated in connection with the

18  performance of the official duties of the councils or an

19  individual member.

20         Section 4.  Section 400.0065, Florida Statutes, is

21  amended to read:

22         400.0065  State Long-Term Care Ombudsman; duties and

23  responsibilities; conflict of interest.--

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

25  Ombudsman shall be to:

26         (a)  Identify, investigate, and resolve complaints made

27  by or on behalf of residents of long-term care facilities,

28  relating to actions or omissions by providers or

29  representatives of providers of long-term care services, other

30  public or private agencies, guardians, or representative

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  payees that may adversely affect the health, safety, welfare,

 2  or rights of the residents.

 3         (b)  Provide services that to assist residents in

 4  protecting the health, safety, welfare, and rights of the

 5  residents.

 6         (c)  Inform residents, their representatives, and other

 7  citizens about obtaining the services of the Office of State

 8  Long-Term Care Ombudsman Program and its representatives.

 9         (d)  Ensure that residents have regular and timely

10  access to the services provided through the office and that

11  residents and complainants receive timely responses from

12  representatives of the office to their complaints.

13         (e)  Represent the interests of residents before

14  governmental agencies and seek administrative, legal, and

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

16  rights of the residents.

17         (f)  Administer the Provide administrative and

18  technical assistance to state and local ombudsman councils.

19         (g)  Analyze, comment on, and monitor the development

20  and implementation of federal, state, and local laws, rules,

21  and regulations, and other governmental policies and actions,

22  that pertain to the health, safety, welfare, and rights of the

23  residents, with respect to the adequacy of long-term care

24  facilities and services in the state, and recommend any

25  changes in such laws, rules, regulations, policies, and

26  actions as the office determines to be appropriate and

27  necessary.

28         (h)  Provide technical support for the development of

29  resident and family councils to protect the well-being and

30  rights of residents.

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




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

 2  duty and authority to:

 3         (a)  Establish and coordinate Assist and support the

 4  efforts of the State Long-Term Care Ombudsman Council in the

 5  establishment and coordination of local ombudsman councils

 6  throughout the state.

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

 8  law, rules, and regulations.

 9         (c)  Within the limits of appropriated federal and

10  state funding authorized and appropriated, employ such

11  personnel, including staff for local ombudsman councils, as

12  are necessary to perform adequately the functions of the

13  office and provide or contract for legal services to assist

14  the state and local ombudsman councils in the performance of

15  their duties. Staff positions established for the purpose of

16  coordinating the activities of for each local ombudsman

17  council and assisting its members may be established as career

18  service positions, and shall be filled by the ombudsman after

19  approval by the secretary. Notwithstanding any other provision

20  of this part, upon certification by the ombudsman that the

21  staff member hired to fill any such position has completed the

22  initial training required under s. 400.0091, such person shall

23  be considered a representative of the State Long-Term Care

24  Ombudsman Program for purposes of this part.

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

26  activities of the office.

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

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

29  personal property, and services from a governmental entity or

30  other public or private entity or person, and make

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

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         (f)  Coordinate, to the greatest extent possible, state

 2  and local ombudsman services with the protection and advocacy

 3  systems for individuals with developmental disabilities and

 4  mental illnesses and with legal assistance programs for the

 5  poor through adoption of memoranda of understanding and other

 6  means.

 7         (g)  Enter into a cooperative agreement with the

 8  Statewide Advocacy Council and district human rights advocacy

 9  committees for the purpose of coordinating and avoiding

10  duplication of advocacy services provided to residents of

11  long-term care facilities.

12         (h)  Enter into a cooperative agreement with the

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

14  the Older Americans Act.

15         (i)  Prepare an annual report describing the activities

16  carried out by the office, the state council, and the local

17  councils in the year for which the report is prepared. The

18  ombudsman shall submit the report to the secretary at least 30

19  days before the convening of the regular session of the

20  Legislature. The secretary shall in turn submit the report to

21  the United States Assistant Secretary for Aging, the Governor,

22  the President of the Senate, the Speaker of the House of

23  Representatives, the Secretary of Children and Family

24  Services, and the Secretary of Health Care Administration. The

25  report shall, at a minimum:

26         1.  Contain and analyze data collected concerning

27  complaints about and conditions in long-term care facilities

28  and the disposition of such complaints.

29         2.  Evaluate the problems experienced by residents.

30         3.  Analyze the successes of the ombudsman program

31  during the preceding year, including an assessment of how

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  successfully the program has carried out its responsibilities

 2  under the Older Americans Act.

 3         4.  Provide recommendations for policy, regulatory, and

 4  statutory changes designed to solve identified problems;

 5  resolve residents' complaints; improve residents' lives and

 6  quality of care; protect residents' rights, health, safety,

 7  and welfare; and remove any barriers to the optimal operation

 8  of the State Long-Term Care Ombudsman Program.

 9         5.  Contain recommendations from the State Long-Term

10  Care Ombudsman Council regarding program functions and

11  activities and recommendations for policy, regulatory, and

12  statutory changes designed to protect residents' rights,

13  health, safety, and welfare.

14         6.  Contain any relevant recommendations from the local

15  councils regarding program functions and activities.

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

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

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

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

20  service.

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

22  of, a long-term care facility.

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

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

25  compensation agreement with the owner or operator of a

26  long-term care facility.

27  

28  The Department of Elderly Affairs shall adopt rules to

29  establish procedures to identify and eliminate conflicts of

30  interest as described in this subsection.

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         Section 5.  Section 400.0066, Florida Statutes, is

 2  repealed.

 3         Section 6.  Section 400.0067, Florida Statutes, is

 4  amended to read:

 5         400.0067  State Long-Term Care Ombudsman Council;

 6  duties; membership.--

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

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

 9  Council.

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

11         (a)  Serve as an advisory body to assist the ombudsman

12  in reaching a consensus among local ombudsman councils on

13  issues affecting residents and impacting the optimal operation

14  of the program of statewide concern.

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

16  local ombudsman councils complaints not resolved at the local

17  level. Any individual member or members of the state ombudsman

18  council may enter any long-term care facility involved in an

19  appeal, pursuant to the conditions specified in s. 400.0074(2)

20  400.0069(3).

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

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

23  care facility. The Department of Elderly Affairs shall develop

24  procedures relating to such investigations. Investigations may

25  consist, in part, of one or more onsite administrative

26  inspections.

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

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

29  of long-term care facility residents and in developing

30  procedures relating to the receipt and resolution of such

31  complaints. The secretary shall approve all such procedures.

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




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

 2  organizational assistance for the purpose of improving the

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

 4         (f)  Assist the ombudsman in preparing the annual

 5  report described in s. 400.0065. Prepare an annual report

 6  describing the activities carried out by the ombudsman and the

 7  State Long-Term Care Ombudsman Council in the year for which

 8  the report is prepared. The State Long-Term Care Ombudsman

 9  Council shall submit the report to the Secretary of Elderly

10  Affairs. The secretary shall in turn submit the report to the

11  Commissioner of the United States Administration on Aging, the

12  Governor, the President of the Senate, the Speaker of the

13  House of Representatives, the minority leaders of the House

14  and Senate, the chairpersons of appropriate House and Senate

15  committees, the Secretary of Children and Family Services, and

16  the Secretary of Health Care Administration. The report shall

17  be submitted by the Secretary of Elderly Affairs at least 30

18  days before the convening of the regular session of the

19  Legislature and shall, at a minimum:

20         1.  Contain and analyze data collected concerning

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

22         2.  Evaluate the problems experienced by residents of

23  long-term care facilities.

24         3.  Contain recommendations for improving the quality

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

26  safety, welfare, and rights of the residents.

27         4.  Analyze the success of the ombudsman program during

28  the preceding year and identify the barriers that prevent the

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

30  successes shall also address the relationship between the

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

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  Elderly Affairs, the Agency for Health Care Administration,

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

 3  assessment of how successfully the state long-term care

 4  ombudsman program has carried out its responsibilities under

 5  the Older Americans Act.

 6         5.  Provide policy and regulatory and legislative

 7  recommendations to solve identified problems; resolve

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

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

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

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

12         6.  Contain recommendations from the local ombudsman

13  councils regarding program functions and activities.

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

15  advocate and other legal advocates acting on behalf of the

16  local and state councils.

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

18  shall be composed of one active local council member elected

19  designated by each local council plus three at-large members

20  persons appointed by the Governor.

21         (a)  Each local council shall elect by majority vote a

22  representative from among the council members to represent the

23  interests of the local council on the state council. A local

24  council chair may not serve as the representative of the local

25  council on the state council.

26         (b)1.  The secretary, after consulting ombudsman, in

27  consultation with the ombudsman secretary, shall submit to the

28  Governor a list of persons recommended for appointment to the

29  at-large positions on the state council. The list shall not

30  include the name of any person who is currently at least eight

31  names of persons who are not serving on a local council.

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         2.  The Governor shall appoint three at-large members

 2  chosen from the list, at least one of whom must be over 60

 3  years of age.

 4         3.  If the Governor does not appoint an at-large member

 5  to fill a vacant position Governor's appointments are not made

 6  within 60 days after the ombudsman submits the list is

 7  submitted, the secretary, after consulting with the ombudsman,

 8  in consultation with the secretary, shall appoint an at-large

 9  member to fill that vacant position three members, one of whom

10  must be over 60 years of age.

11         (c)1.  All state council members shall be appointed to

12  serve 3-year terms.

13         2.  A member of the state Long-Term Care Ombudsman

14  council may not serve more than two consecutive terms.

15         3.  State council members serve at the pleasure of the

16  Governor. A local council may recommend removal of its elected

17  representative from the state council by a majority vote. If

18  the council votes to remove its representative, the local

19  council chair shall immediately notify the ombudsman. The

20  secretary shall advise the Governor of the local council's

21  vote upon receiving notice from the ombudsman. Any vacancy

22  shall be filled in the same manner as the original

23  appointment.

24         4.  The position of any member missing three state

25  council meetings within a 1-year period consecutive regular

26  meetings without cause may shall be declared vacant by the

27  ombudsman. The findings of the ombudsman regarding cause shall

28  be final and binding.

29         5.  Any vacancy on the state council shall be filled in

30  the same manner as the original appointment.

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         (d)1.  The state ombudsman council shall elect a chair

 2  to serve for a term of 1 year. A chair may not serve more than

 3  two consecutive terms chairperson for a term of 1 year from

 4  among the members who have served for at least 1 year.

 5         2.  The chair chairperson shall select a vice chair

 6  chairperson from among the members. The vice chair chairperson

 7  shall preside over the state council in the absence of the

 8  chair chairperson.

 9         3.  The chair may create additional executive positions

10  as necessary to carry out the duties of the state council. Any

11  person appointed to an executive position shall serve at the

12  pleasure of the chair, and his or her term shall expire on the

13  same day as the term of the chair.

14         4.  A chair may be immediately removed from office

15  prior to the expiration of his or her term by a vote of

16  two-thirds of all state council members present at any meeting

17  at which a quorum is present. If a chair is removed from

18  office prior to the expiration of his or her term, a

19  replacement chair shall be chosen during the same meeting in

20  the same manner as described in this paragraph, and the term

21  of the replacement chair shall begin immediately. The

22  replacement chair shall serve for the remainder of the term

23  and is eligible to serve two subsequent consecutive terms.

24         (e)1.  The state ombudsman council shall meet upon the

25  call of the chair or upon the call of the ombudsman. The

26  council shall meet chairperson, at least quarterly but may

27  meet or more frequently as needed.

28         2.  A quorum shall be considered present if more than

29  50 percent of all active state council members are in

30  attendance at the same meeting.

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         3.  Neither the state council nor any of its individual

 2  members may vote on or otherwise make any binding decisions

 3  that will directly impact the state council or any local

 4  council outside of a publicly noticed meeting at which a

 5  quorum is present.

 6         (f)  Members shall receive no compensation but shall,

 7  with approval from the ombudsman, be reimbursed for per diem

 8  and travel expenses as provided in s. 112.061.

 9         (4)  No officer, employee, or representative of the

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

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

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

13  may have a conflict of interest. The ombudsman shall adopt

14  rules to identify and remove conflicts of interest.

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

16  separate and distinct request for an appropriation for all

17  expenses for the state and local ombudsman councils.

18         Section 7.  Section 400.0069, Florida Statutes, is

19  amended to read:

20         400.0069  Local long-term care ombudsman councils;

21  duties; membership.--

22         (1)(a)  The ombudsman shall designate local long-term

23  care ombudsman councils to carry out the duties of the State

24  Long-Term Care Ombudsman Program within local communities.

25  Each local council shall function under the direction of the

26  ombudsman.

27         (b)  The ombudsman shall ensure that there is There

28  shall be at least one local long-term care ombudsman council

29  operating in each of the department's planning and service

30  areas of the Department of Elderly Affairs, which shall

31  function under the direction of the ombudsman and the state

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  ombudsman council. The ombudsman may create additional local

 2  councils as necessary to ensure that residents throughout the

 3  state have adequate access to State Long-Term Care Ombudsman

 4  Program services. The ombudsman, after approval from the

 5  secretary, shall designate the jurisdictional boundaries of

 6  each local council.

 7         (2)  The duties of the local councils ombudsman council

 8  are to:

 9         (a)  To Serve as a third-party mechanism for protecting

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

11  residents of a long-term care facility.

12         (b)  To Discover, investigate, and determine the

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

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

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

16  or more onsite administrative inspections.

17         (c)  To Elicit, receive, investigate, respond to, and

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

19  facility residents.

20         (d)  To Review and, if necessary, to comment on, for

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

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

23  other governmental policies and actions relating to long-term

24  care facilities that may potentially have an effect on the

25  rights, health, safety, and welfare of residents.

26         (e)  To Review personal property and money accounts of

27  Medicaid residents who are receiving assistance under the

28  Medicaid program pursuant to an investigation to obtain

29  information regarding a specific complaint or problem.

30         (f)  Recommend that the ombudsman and the legal

31  advocate To represent the interests of residents before

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  government agencies and to seek administrative, legal, and

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

 3  rights of the residents.

 4         (g)  To Carry out other activities that the ombudsman

 5  determines to be appropriate.

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

 7  subsection (2), a member of a the local ombudsman council is

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

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

10  a warrant, subject to the provisions of s. 400.0074(2)

11  400.0073(5).

12         (4)  Each local ombudsman council shall be composed of

13  members whose primary residence is located within the

14  boundaries of the local council's jurisdiction.

15         (a)  The ombudsman shall strive to ensure that each

16  local council no less than 15 members and no more than 40

17  members from the local planning and service area, to include

18  the following persons as members:

19         1.  At least one medical or osteopathic physician whose

20  practice includes or has included a substantial number of

21  geriatric patients and who may have limited practice in a

22  long-term care facility;

23         2.  At least one registered nurse who has geriatric

24  experience, if possible;

25         3.  At least one licensed pharmacist;

26         4.  At least one registered dietitian;

27         5.  At least six nursing home residents or

28  representative consumer advocates for nursing home residents;

29         6.  At least three residents of assisted living

30  facilities or adult family-care homes or three representative

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  consumer advocates for alternative long-term care facility

 2  residents;

 3         7.  At least one attorney; and

 4         8.  At least one professional social worker.

 5         (b)  In no case shall the medical director of a

 6  long-term care facility or an employee of the agency for

 7  Health Care Administration, the department, the Department of

 8  Children and Family Services, or the Agency for Persons with

 9  Disabilities Department of Elderly Affairs serve as a member

10  or as an ex officio member of a council. Each member of the

11  council shall certify that neither the council member nor any

12  member of the council member's immediate family has any

13  conflict of interest pursuant to subsection (10). Local

14  ombudsman councils are encouraged to recruit council members

15  who are 60 years of age or older.

16         (5)(a)  Individuals wishing to join a local council

17  shall submit an application to the ombudsman. The ombudsman

18  shall review the individual's application and advise the

19  secretary of his or her recommendation for approval or

20  disapproval of the candidate's membership on the local

21  council. If the secretary approves of the individual's

22  membership, the individual shall be appointed as a member of

23  the local council.

24         (b)  The secretary may rescind the ombudsman's approval

25  of a member on a local council at any time. If the secretary

26  rescinds the approval of a member on a local council, the

27  ombudsman shall ensure that the individual is immediately

28  removed from the local council on which he or she serves and

29  the individual may no longer represent the State Long-Term

30  Care Ombudsman Program until the secretary provides his or her

31  approval.

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         (c)  A local council may recommend the removal of one

 2  or more of its members by submitting to the ombudsman a

 3  resolution adopted by a two-thirds vote of the members of the

 4  council stating the name of the member or members recommended

 5  for removal and the reasons for the recommendation. If such a

 6  recommendation is adopted by a local council, the local

 7  council chair or district coordinator shall immediately report

 8  the council's recommendation to the ombudsman. The ombudsman

 9  shall review the recommendation of the local council and

10  advise the secretary of his or her recommendation regarding

11  removal of the council member or members. All members shall be

12  appointed to serve 3-year terms. Upon expiration of a term and

13  in case of any other vacancy, the council shall select a

14  replacement by majority vote. The ombudsman shall review the

15  selection of the council and recommend approval or disapproval

16  to the Governor. If no action is taken by the Governor to

17  approve or disapprove the replacement of a member within 30

18  days after the ombudsman has notified the Governor of his or

19  her recommendation, the replacement shall be considered

20  disapproved and the process for selection of a replacement

21  shall be repeated.

22         (6)(a)  Each The local ombudsman council shall elect a

23  chair for a term of 1 year. There shall be no limitation on

24  the number of terms that an approved member of a local council

25  may serve as chair from members who have served at least 1

26  year.

27         (b)  The chair shall select a vice chair from among the

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

29  council in the absence of the chair.

30         (c)  The chair may create additional executive

31  positions as necessary to carry out the duties of the local

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  council. Any person appointed to an executive position shall

 2  serve at the pleasure of the chair, and his or her term shall

 3  expire on the same day as the term of the chair.

 4         (d)  A chair may be immediately removed from office

 5  prior to the expiration of his or her term by a vote of

 6  two-thirds of the members of the local council. If any chair

 7  is removed from office prior to the expiration of his or her

 8  term, a replacement chair shall be elected during the same

 9  meeting, and the term of the replacement chair shall begin

10  immediately. The replacement chair shall serve for the

11  remainder of the term of the person he or she replaced.

12         (7)  Each The local ombudsman council shall meet upon

13  the call of its the chair or upon the call of the ombudsman.

14  Each local council shall meet, at least once a month but may

15  meet or more frequently if necessary as needed to handle

16  emergency situations.

17         (8)  A member of a local ombudsman council shall

18  receive no compensation but shall, with approval from the

19  ombudsman, be reimbursed for travel expenses both within and

20  outside the jurisdiction of the local council county of

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

22         (9)  The local ombudsman councils are authorized to

23  call upon appropriate agencies of state government for such

24  professional assistance as may be needed in the discharge of

25  their duties. All state agencies shall cooperate with the

26  local ombudsman councils in providing requested information

27  and agency representation representatives at council meetings.

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

29  local long-term care ombudsman council, nor any member of the

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

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  may have a conflict of interest. The ombudsman shall adopt

 2  rules to identify and remove conflicts of interest.

 3         Section 8.  Section 400.0070, Florida Statutes, is

 4  created to read:

 5         400.0070  Conflicts of interest.--

 6         (1)  The ombudsman shall not:

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

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

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

10  service.

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

12  of, a long-term care facility.

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

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

15  compensation agreement with the owner or operator of a

16  long-term care facility.

17         (2)  Each employee of the office, each state council

18  member, and each local council member shall certify that he or

19  she has no conflict of interest.

20         (3)  The department shall define by rule:

21         (a)  Situations that constitute a person having a

22  conflict of interest that could materially affect the

23  objectivity or capacity of a person to serve on an ombudsman

24  council, or as an employee of the office, while carrying out

25  the purposes of the State Long-Term Care Ombudsman Program as

26  specified in this part.

27         (b)  The procedure by which a person listed in

28  subsection (2) shall certify that he or she has no conflict of

29  interest.

30         Section 9.  Section 400.0071, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         400.0071  State Long-Term Care Ombudsman Program

 2  complaint procedures.--

 3         (1)  The state ombudsman, in consultation with the

 4  state council, shall develop recommend to the ombudsman and

 5  the secretary state and local procedures for:

 6         (a)  Receiving complaints against a nursing home or

 7  long-term care facility or an its employee of a long-term care

 8  facility.

 9         (b)  Conducting investigations of a long-term care

10  facility or an employee or employees of such a facility

11  subsequent to receiving a complaint.

12         (c)  Conducting onsite administrative assessments of

13  long-term care facilities. The procedures shall be implemented

14  after the approval of the ombudsman and the secretary.

15         (2)  The ombudsman shall implement all procedures

16  developed under this section after receiving approval from the

17  secretary. These procedures shall be posted in full view in

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

19  or representative of a resident shall receive, upon admission

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

21  of the procedures of the state and the local ombudsman

22  councils.

23         Section 10.  Section 400.0073, Florida Statutes, is

24  amended to read:

25         400.0073  State and local ombudsman council

26  investigations.--

27         (1)  A local ombudsman council shall investigate,

28  within a reasonable time after a complaint is made, any

29  complaint of a resident, a or representative of a resident, or

30  any other credible source based on an action or omission by an

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  administrator, an or employee, or a representative of a

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

 3         (a)  Contrary to law;.

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

 5  discriminatory, even though in accordance with law;.

 6         (c)  Based on a mistake of fact;.

 7         (d)  Based on improper or irrelevant grounds;.

 8         (e)  Unaccompanied by an adequate statement of

 9  reasons;.

10         (f)  Performed in an inefficient manner; or.

11         (g)  Otherwise adversely affecting the health, safety,

12  welfare, or rights of a resident erroneous.

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

14  ombudsman councils have the authority to hold public hearings.

15         (3)  Subsequent to an appeal from a local ombudsman

16  council, the state ombudsman council may investigate any

17  complaint received by the local council involving a nursing

18  home or long-term care facility or a resident.

19         (4)  If the ombudsman or any state or local council

20  member is not allowed to enter a long-term care facility, the

21  administrator of the facility shall be considered to have

22  interfered with a representative of the office, the state

23  council, or the local council in the performance of official

24  duties as described in s. 400.0083(1) and to have committed a

25  violation of this part. The ombudsman shall report a

26  facility's refusal to allow entry to the agency, and the

27  agency shall record the report and take it into consideration

28  when determining actions allowable under s. 400.102, s.

29  400.121, s. 400.414, s. 400.419, s. 400.6194, or s. 400.6196.

30  In addition to any specific investigation made pursuant to a

31  complaint, the local ombudsman council shall conduct, at least

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  annually, an investigation, which shall consist, in part, of

 2  an onsite administrative inspection, of each nursing home or

 3  long-term care facility within its jurisdiction. This

 4  inspection shall focus on the rights, health, safety, and

 5  welfare of the residents.

 6         (5)  Any onsite administrative inspection conducted by

 7  an ombudsman council shall be subject to the following:

 8         (a)  All inspections shall be at times and for

 9  durations necessary to produce the information required to

10  carry out the duties of the council.

11         (b)  No advance notice of an inspection shall be

12  provided to any nursing home or long-term care facility,

13  except that notice of followup inspections on specific

14  problems may be provided.

15         (c)  Inspections shall be conducted in a manner which

16  will impose no unreasonable burden on nursing homes or

17  long-term care facilities, consistent with the underlying

18  purposes of this part. Unnecessary duplication of efforts

19  among council members or the councils shall be reduced to the

20  extent possible.

21         (d)  Any ombudsman council member physically present

22  for the inspection shall identify himself or herself and the

23  statutory authority for his or her inspection of the facility.

24         (e)  Inspections may not unreasonably interfere with

25  the programs and activities of clients within the facility.

26  Ombudsman council members shall respect the rights of

27  residents.

28         (f)  All inspections shall be limited to compliance

29  with parts II, III, and VII of this chapter and 42 U.S.C. ss.

30  1396(a) et seq., and any rules or regulations promulgated

31  pursuant to such laws.

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         (g)  No ombudsman council member shall enter a

 2  single-family residential unit within a long-term care

 3  facility without the permission of the resident or the

 4  representative of the resident.

 5         (h)  Any inspection resulting from a specific complaint

 6  made to an ombudsman council concerning a facility shall be

 7  conducted within a reasonable time after the complaint is

 8  made.

 9         (6)  An inspection may not be accomplished by forcible

10  entry. Refusal of a long-term care facility to allow entry of

11  any ombudsman council member constitutes a violation of part

12  II, part III, or part VII of this chapter.

13         Section 11.  Section 400.0074, Florida Statutes, is

14  created to read:

15         400.0074  Local ombudsman council onsite administrative

16  assessments.--

17         (1)  In addition to any specific investigation

18  conducted pursuant to a complaint, the local council shall

19  conduct, at least annually, an onsite administrative

20  assessment of each nursing home, assisted living facility, and

21  adult family-care home within its jurisdiction. This

22  administrative assessment shall focus on factors affecting the

23  rights, health, safety, and welfare of the residents. Each

24  local council is encouraged to conduct a similar onsite

25  administrative assessment of each additional long-term care

26  facility within its jurisdiction.

27         (2)  An onsite administrative assessment conducted by a

28  local council shall be subject to the following conditions:

29         (a)  To the extent possible and reasonable, the

30  administrative assessments shall not duplicate the efforts of

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  the agency surveys and inspections conducted under parts II,

 2  III, and VII of this chapter.

 3         (b)  An administrative assessment shall be conducted at

 4  a time and for a duration necessary to produce the information

 5  required to carry out the duties of the local council.

 6         (c)  Advance notice of an administrative assessment may

 7  not be provided to a long-term care facility, except that

 8  notice of followup assessments on specific problems may be

 9  provided.

10         (d)  A local council member physically present for the

11  administrative assessment shall identify himself or herself

12  and cite the specific statutory authority for his or her

13  assessment of the facility.

14         (e)  An administrative assessment may not unreasonably

15  interfere with the programs and activities of residents.

16         (f)  A local council member may not enter a

17  single-family residential unit within a long-term care

18  facility during an administrative assessment without the

19  permission of the resident or the representative of the

20  resident.

21         (3)  Regardless of jurisdiction, the ombudsman may

22  authorize a state or local council member to assist another

23  local council to perform the administrative assessments

24  described in this section.

25         (4)  An onsite administrative assessment may not be

26  accomplished by forcible entry. However, if the ombudsman or a

27  state or local council member is not allowed to enter a

28  long-term care facility, the administrator of the facility

29  shall be considered to have interfered with a representative

30  of the office, the state council, or the local council in the

31  performance of official duties as described in s. 400.0083(1)

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  and to have committed a violation of this part. The ombudsman

 2  shall report the refusal by a facility to allow entry to the

 3  agency, and the agency shall record the report and take it

 4  into consideration when determining actions allowable under s.

 5  400.102, s. 400.121, s. 400.414, s. 400.419, s. 400.6194, or

 6  s. 400.6196.

 7         Section 12.  Section 400.0075, Florida Statutes, is

 8  amended to read:

 9         400.0075  Complaint notification and resolution

10  procedures.--

11         (1)(a)  Any complaint or, including any problem

12  verified identified by an ombudsman council as a result of an

13  investigation or onsite administrative assessment, which

14  complaint or problem is determined to require, deemed valid

15  and requiring remedial action by the local ombudsman council,

16  shall be identified and brought to the attention of the

17  long-term care facility administrator in writing. Upon receipt

18  of such document, the administrator, in concurrence with the

19  concurrence of the local ombudsman council chair, shall

20  establish target dates for taking appropriate remedial action.

21  If, by the target date, the remedial action is not completed

22  or forthcoming, the local ombudsman council chair may, after

23  obtaining approval from the ombudsman and a majority of the

24  members of the local council:

25         1.(a)  Extend the target date if the chair council has

26  reason to believe such action would facilitate the resolution

27  of the complaint.

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

29  complaint, the recommendations of the council, and the

30  response of the long-term care facility.

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         3.(c)  Refer the complaint to the state ombudsman

 2  council.

 3         (b)  If the local council chair believes that the

 4  health, safety, welfare, or rights of the resident are in

 5  imminent danger, the chair shall notify the ombudsman or legal

 6  advocate, who, after verifying that such imminent danger

 7  exists, shall local long-term care ombudsman council may seek

 8  immediate legal or administrative remedies to protect the

 9  resident.

10         (c)  If the ombudsman has reason to believe that the

11  long-term care facility or an employee of the facility has

12  committed a criminal act, the ombudsman shall provide the

13  local law enforcement agency with the relevant information to

14  initiate an investigation of the case.

15         (2)(a)  Upon referral from a the local ombudsman

16  council, the state ombudsman council shall assume the

17  responsibility for the disposition of the complaint. If a

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

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

20  may, after obtaining approval from the ombudsman and a

21  majority of the state council members:

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

23  complaint, the recommendations of the local or state council,

24  and the response of the long-term care facility.

25         2.(b)  Recommend to the department and the agency a

26  series of facility reviews pursuant to s. 400.19(4), s.

27  400.434, or s. 400.619 to ensure assure correction and

28  nonrecurrence of conditions that give rise to complaints

29  against a long-term care facility.

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

31  inspecting and licensing or certifying long-term care

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  facilities, and recommend to the Agency for Health Care

 2  Administration changes in rules for licensing and regulating

 3  long-term care facilities.

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

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

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

 7         3.(e)  Recommend to the department and the agency for

 8  Health Care Administration that the long-term care facility no

 9  longer receive payments under any the state Medical assistance

10  program, including (Medicaid).

11         4.(f)  Recommend to that the department and the agency

12  that initiate procedures be initiated for revocation of the

13  long-term care facility's license in accordance with chapter

14  120.

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

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

17  resident.

18         (b)  If the state council chair believes that the

19  health, safety, welfare, or rights of the resident are in

20  imminent danger, the chair shall notify the ombudsman or legal

21  advocate, who, after verifying that such imminent danger

22  exists, State Long-Term Care Ombudsman Council shall seek

23  immediate legal or administrative remedies to protect the

24  resident.

25         (c)  If the ombudsman has reason to believe that the

26  long-term care facility or an employee of the facility has

27  committed a criminal act, the ombudsman shall provide local

28  law enforcement with the relevant information to initiate an

29  investigation of the case.

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

31  of its annual report required pursuant to s. 400.0067(2)(f),

                                  32

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  information relating to the disposition of all complaints to

 2  the Department of Elderly Affairs.

 3         Section 13.  Section 400.0078, Florida Statutes, is

 4  amended to read:

 5         400.0078  Citizen access to State Long-Term Care

 6  Ombudsman Program services Statewide toll-free telephone

 7  number.--

 8         (1)  The office of State Long-Term Care Ombudsman shall

 9  establish a statewide toll-free telephone number for receiving

10  complaints concerning matters adversely affecting the health,

11  safety, welfare, or rights of residents nursing facilities.

12         (2)  Every resident or representative of a resident

13  shall receive, upon admission to a long-term care facility,

14  information regarding the purpose of the State Long-Term Care

15  Ombudsman Program, the statewide toll-free telephone number

16  for receiving complaints, and other relevant information

17  regarding how to contact the program. Residents or their

18  representatives must be furnished additional copies of this

19  information upon request.

20         Section 14.  Section 400.0079, Florida Statutes, is

21  amended to read:

22         400.0079  Immunity.--

23         (1)  Any person making a complaint pursuant to this

24  part act who does so in good faith shall be immune from any

25  liability, civil or criminal, that otherwise might be incurred

26  or imposed as a direct or indirect result of making the

27  complaint.

28         (2)  The ombudsman or any person authorized by the

29  ombudsman to act acting on behalf of the office, as well as

30  all members of State Long-Term Care Ombudsman or the state and

31  or a local councils, long-term care ombudsman council shall be

                                  33

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




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

 2  might be incurred or imposed, during the good faith

 3  performance of official duties.

 4         Section 15.  Section 400.0081, Florida Statutes, is

 5  amended to read:

 6         400.0081  Access to facilities, residents, and

 7  records.--

 8         (1)  A long-term care facility shall provide the office

 9  of State Long-Term Care Ombudsman, the state Long-Term Care

10  Ombudsman council and its members, and the local councils and

11  their members long-term care ombudsman councils, or their

12  representatives, shall have access to:

13         (a)  Any portion of the long-term care facility and any

14  resident as necessary to investigate or resolve a complaint

15  facilities and residents.

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

17  review as necessary to investigate or resolve a complaint, if:

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

19  the legal representative of the resident; or

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

21  has no legal representative.

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

23  necessary to investigate or resolve a complaint, if:

24         1.  A legal representative guardian of the resident

25  refuses to give permission.

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

27  representative guardian is not acting in the best interests of

28  the resident.

29         3.  The state or local council member representative

30  obtains the approval of the ombudsman.

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1         (d)  The administrative records, policies, and

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

 3  access.

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

 5  certification records maintained by the state with respect to

 6  a long-term care facility.

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

 8  a complaint investigation by the state ombudsman council or a

 9  local ombudsman council, the legal representative of the

10  resident refuses to give permission for the release of the

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

12  Ombudsman has reasonable cause to find that the legal

13  representative is not acting in the best interests of the

14  resident, the medical and social records of the resident must

15  be made available to the state or local council as is

16  necessary for the members of the council to investigate the

17  complaint.

18         (2)(3)  The department of Elderly Affairs, in

19  consultation with the ombudsman and the state Long-Term Care

20  Ombudsman council, may shall adopt rules to establish

21  procedures to ensure access to facilities, residents, and

22  records as described in this section.

23         Section 16.  Section 400.0083, Florida Statutes, is

24  amended to read:

25         400.0083  Interference; retaliation; penalties.--

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

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

28  representative of the office of State Long-Term Care

29  Ombudsman, the state Long-Term Care Ombudsman council, or a

30  local long-term care ombudsman council in the performance of

31  official duties.

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




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

 2  care facility, or other entity to knowingly or willfully take

 3  action or retaliate against any resident, employee, or other

 4  person for filing a complaint with, providing information to,

 5  or otherwise cooperating with any representative of the office

 6  of State Long-Term Care Ombudsman, the state Long-Term Care

 7  Ombudsman council, or a local long-term care ombudsman

 8  council.

 9         (3)(a)  Any person, long-term care facility, or other

10  entity that who violates this section:

11         (a)  Shall be liable for damages and equitable relief

12  as determined by law.

13         (b)  Any person, long-term care facility, or other

14  entity who violates this section Commits a misdemeanor of the

15  second degree, punishable as provided in s. 775.083.

16         Section 17.  Section 400.0085, Florida Statutes, is

17  repealed.

18         Section 18.  Section 400.0087, Florida Statutes, is

19  amended to read:

20         400.0087  Department Agency oversight; funding.--

21         (1)  The department shall meet the costs associated

22  with the State Long-Term Care Ombudsman Program from funds

23  appropriated to it.

24         (a)  The department shall include the costs associated

25  with support of the State Long-Term Care Ombudsman Program

26  when developing its budget requests for consideration by the

27  Governor and submittal to the Legislature.

28         (b)  The department may divert from the federal

29  ombudsman appropriation an amount equal to the department's

30  administrative cost ratio to cover the costs associated with

31  administering the program. The remaining allotment from the

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  Older Americans Act program shall be expended on direct

 2  ombudsman activities.

 3         (2)(1)  The department of Elderly Affairs shall monitor

 4  the office, the state council, and the local ombudsman

 5  councils to ensure that each is responsible for carrying out

 6  the duties delegated to it by state by s. 400.0069 and federal

 7  law. The department, in consultation with the ombudsman, shall

 8  adopt rules to establish the policies and procedures for the

 9  monitoring of local ombudsman councils.

10         (3)(2)  The department is responsible for ensuring that

11  the office:

12         (a)  Has the objectivity and independence required to

13  qualify it for funding under the federal Older Americans Act.

14         (b)  of State Long-Term Care Ombudsman Provides

15  information to public and private agencies, legislators, and

16  others.;

17         (c)  Provides appropriate training to representatives

18  of the office or of the state or local long-term care

19  ombudsman councils.; and

20         (d)  Coordinates ombudsman services with the Advocacy

21  Center for Persons with Disabilities and with providers of

22  legal services to residents of long-term care facilities in

23  compliance with state and federal laws.

24         (4)(3)  The department of Elderly Affairs is the

25  designated state unit on aging for purposes of complying with

26  the federal Older Americans Act. The Department of Elderly

27  Affairs shall ensure that the ombudsman program has the

28  objectivity and independence required to qualify it for

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

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

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  State Long-Term Care Ombudsman. The Department of Elderly

 2  Affairs shall also:

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

 4  purposes that the state ombudsman council has formulated in

 5  accordance with the Older Americans Act.

 6         (b)  Whenever necessary, act as liaison between

 7  agencies and branches of the federal and state governments and

 8  the State Long-Term Care Ombudsman Program representatives,

 9  the staffs of the state and local ombudsman councils, and

10  members of the state and local ombudsman councils.

11         Section 19.  Section 400.0089, Florida Statutes, is

12  amended to read:

13         400.0089  Complaint data Agency reports.--The office

14  Department of Elderly Affairs shall maintain a statewide

15  uniform reporting system to collect and analyze data relating

16  to complaints and conditions in long-term care facilities and

17  to residents, for the purpose of identifying and resolving

18  significant problems. The department and the State Long-Term

19  Care Ombudsman Council shall submit such data as part of its

20  annual report required pursuant to s. 400.0067(2)(f) to the

21  Agency for Health Care Administration, the Department of

22  Children and Family Services, the Florida Statewide Advocacy

23  Council, the Advocacy Center for Persons with Disabilities,

24  the Commissioner for the United States Administration on

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

26  state or federal entities that the ombudsman determines

27  appropriate. The office State Long-Term Care Ombudsman Council

28  shall publish quarterly and make readily available information

29  pertaining to the number and types of complaints received by

30  the State Long-Term Care Ombudsman Program and shall include

31  

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  such information in the annual report required under s.

 2  400.0065.

 3         Section 20.  Section 400.0091, Florida Statutes, is

 4  amended to read:

 5         400.0091  Training.--The ombudsman shall ensure that

 6  provide appropriate training is provided to all employees of

 7  the office of State Long-Term Care Ombudsman and to the

 8  members of the state and local long-term care ombudsman

 9  councils, including all unpaid volunteers.

10         (1)  All state and local council members volunteers and

11  appropriate employees of the office shall of State Long-Term

12  Care Ombudsman must be given a minimum of 20 hours of training

13  upon employment with the office or approval enrollment as a

14  state or local council member volunteer and 10 hours of

15  continuing education annually thereafter.

16         (2)  The ombudsman shall approve the curriculum for the

17  initial and continuing education training, which must cover,

18  at a minimum, address:

19         (a)  Resident confidentiality.

20         (b)  Guardianships and powers of attorney.,

21         (c)  Medication administration.,

22         (d)  Care and medication of residents with dementia and

23  Alzheimer's disease.,

24         (e)  Accounting for residents' funds.,

25         (f)  Discharge rights and responsibilities., and

26         (g)  Cultural sensitivity.

27         (h)  Any other topic recommended by the secretary.

28         (3)  No employee, officer, or representative of the

29  office or of the state or local long-term care ombudsman

30  councils, other than the ombudsman, may hold himself or

31  herself out as a representative of the State Long-Term Care

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    Florida Senate - 2006                                  SB 1922
    2-1042-06                                               See HB




 1  Ombudsman Program or conduct carry out any authorized program

 2  ombudsman duty described in this part or responsibility unless

 3  the person has received the training required by this section

 4  and has been certified approved by the ombudsman as qualified

 5  to carry out ombudsman activities on behalf of the office or

 6  the state or local long-term care ombudsman councils.

 7         Section 21.  This act shall take effect upon becoming a

 8  law.

 9  

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11  

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