ENROLLED 2006 Legislature CS for SB 1922 1 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 conditions for removal of members of 26 and for filling vacancies on the state council; 27 providing for election of officers and 28 meetings; providing for per diem and travel 29 expenses if approved by the ombudsman; deleting 30 provisions relating to conflicts of interest 31 and requests for appropriations; amending s. 1 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 400.0069, F.S.; authorizing the State Long-Term 2 Care Ombudsman to designate and direct local 3 long-term care ombudsman councils; requiring 4 approval by the Secretary of Elderly Affairs of 5 jurisdictional boundaries designated by the 6 ombudsman; revising duties of local long-term 7 care ombudsman councils; providing requirements 8 and application for membership, election of 9 officers, and meetings of local long-term care 10 ombudsman councils; providing conditions for 11 removal of members; providing for travel 12 expenses for members of the council; deleting 13 provisions relating to conflicts of interest; 14 creating s. 400.0070, F.S.; consolidating 15 provisions relating to conflicts of interest of 16 the ombudsman; providing rulemaking authority 17 to the Department of Elderly Affairs regarding 18 conflicts of interest; amending s. 400.0071, 19 F.S.; requiring rules for receiving, 20 investigating, and assessing complaints against 21 long-term care facilities; deleting provisions 22 requiring the posting and distribution of 23 copies of such procedures; amending s. 24 400.0073, F.S.; providing conditions for 25 investigations of complaints by state and local 26 ombudsman councils; providing that refusing to 27 allow the ombudsman or a member of a state or 28 local council to enter a long-term care 29 facility is a violation of ch. 400, F.S., under 30 certain circumstances; deleting conditions for 31 onsite administrative inspections; creating s. 2 CODING: Words strickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 400.0074, F.S.; providing conditions and 2 requirements for onsite administrative 3 assessments of nursing homes, assisted living 4 facilities, and adult family-care homes; 5 prohibiting forcible entry of long-term care 6 facilities; providing that refusing to allow 7 the ombudsman or a member of a state or local 8 council to enter a long-term care facility is a 9 violation of ch. 400, F.S., under certain 10 circumstances; amending s. 400.0075, F.S.; 11 providing complaint notification procedures for 12 state and local councils; providing 13 circumstances in which information relating to 14 violations by a long-term care facility is 15 provided to a local law enforcement agency; 16 amending s. 400.0078, F.S.; requiring 17 information relating to the State Long-Term 18 Care Ombudsman Program to be provided to 19 residents of long-term care facilities or their 20 representatives; amending s. 400.0079, F.S.; 21 providing for immunity from liability for 22 certain persons; amending s. 400.0081, F.S.; 23 requiring long-term care facilities to provide 24 the Office of State Long-Term Care Ombudsman 25 and state and local councils and their members 26 with access to the facility and the records and 27 residents of the facility; authorizing rather 28 than requiring the department to adopt rules 29 regarding access to facilities, records, and 30 residents; amending s. 400.0083, F.S.; 31 prohibiting certain actions against persons who 3 CODING: Words strickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 file complaints; providing penalties; repealing 2 s. 400.0085, F.S., relating to a penalty; 3 amending s. 400.0087, F.S.; providing for 4 oversight by and responsibilities of the 5 department; requiring the department to provide 6 certain funding for the State Long-Term Care 7 Ombudsman Program; amending s. 400.0089, F.S.; 8 requiring the office to maintain a data 9 reporting system relating to complaints about 10 and conditions in long-term care facilities and 11 to residents therein; requiring the office to 12 publish and include certain information in its 13 annual report; amending s. 400.0091, F.S.; 14 providing for training of employees of the 15 office and members of the state and local 16 councils; requiring the ombudsman to approve 17 the curriculum and providing contents thereof; 18 requiring certification of employees by the 19 ombudsman; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 400.0060, Florida Statutes, is 24 amended to read: 25 400.0060 Definitions.--When used in this part, unless 26 the context clearly dictates otherwise requires, the term: 27 (1) "Administrative assessment" means a review of 28 conditions in a long-term care facility which impact the 29 rights, health, safety, and welfare of residents with the 30 purpose of noting needed improvement and making 31 recommendations to enhance the quality of life for residents. 4 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 (2) (1)"Agency" means the Agency for Health Care 2 Administration. 3 (3) "Department" means the Department of Elderly 4 Affairs. 5 (4) "Local council" means a local long-term care 6 ombudsman council designated by the ombudsman pursuant to s. 7 400.0069. Local councils are also known as district long-term 8 care ombudsman councils or district councils. 9 (5)(2)"Long-term care facility" means askilled10 nursing home facility,nursing facility,assisted living 11 facility, adult family-care home, board and care facility, or 12 any other similar residential adult care facilitycenter. 13 (6)(3)"Office" means the Office of State Long-Term 14 Care Ombudsman created by s. 400.0063. 15 (7)(4)"Ombudsman" means the individual appointed by 16 the Secretary of Elderly Affairsdesignatedto head the Office 17 of State Long-Term Care Ombudsman. 18 (8)(5)"Resident" means an individual 60 years of age 19 or older who resides in a long-term care facility. 20 (9)(6)"Secretary" means the Secretary of Elderly 21 Affairs. 22 (10) "State council" means the State Long-Term Care 23 Ombudsman Council created by s. 400.0067. 24 Section 2. Section 400.0061, Florida Statutes, is 25 amended to read: 26 400.0061 Legislative findings and intent; long-term 27 care facilities.-- 28 (1) The Legislature finds that conditions in long-term 29 care facilities in this state are such that the rights, 30 health, safety, and welfare of residents are not fully ensured 31 by rules of the Department of Elderly Affairs or the Agency 5 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 for Health Care Administration ,or by the good faith of owners 2 or operators of long-term care facilities. Furthermore, there 3 is a need for a formal mechanism whereby a long-term care 4 facility resident, a representative of a long-term care 5 facility resident, or any other concerned citizenor his or6her representativemay make a complaint against the facility 7 or its employees, or against other persons who are in a 8 position to restrict, interfere with, or threaten the rights, 9 health, safety, or welfare of a long-term care facilitythe10 resident. The Legislature finds that concerned citizens are 11 often more effective advocates forofthe rights of others 12 than governmental agencies. The Legislature further finds that 13 in order to be eligible to receive an allotment of funds 14 authorized and appropriated under the federal Older Americans 15 Act, the state must establish and operate an Office of State 16 Long-Term Care Ombudsman, to be headed by the State Long-Term 17 Care Ombudsman, and carry out a long-term care ombudsman 18 program. 19 (2) It is the intent of the Legislature, therefore, to 20 utilize voluntary citizen ombudsman councils under the 21 leadership of the ombudsman, and through them to operate an 22 ombudsman program which shall, without interference by any 23 executive agency, undertake to discover, investigate, and 24 determine the presence of conditions or individuals which 25 constitute a threat to the rights, health, safety, or welfare 26 of the residents of long-term care facilities. To ensure that 27 the effectiveness and efficiency of such investigations are 28 not impeded by advance notice or delay, the Legislature 29 intends that the ombudsman and ombudsman councils and their 30 designated representatives not be required to obtain warrants 31 in order to enter into or conduct investigations or onsite 6 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 administrative assessments inspectionsof long-term care 2 facilities. It is the further intent of the Legislature that 3 the environment in long-term care facilitiesshallbe 4 conducive to the dignity and independence of residents and 5 that investigations by ombudsman councils shall further the 6 enforcement of laws, rules, and regulations that safeguard the 7 health, safety, and welfare of residents. 8 Section 3. Section 400.0063, Florida Statutes, is 9 amended to read: 10 400.0063 Establishment of Office of State Long-Term 11 Care Ombudsman; designation of ombudsman and legal advocate.-- 12 (1) There is created an Office of State Long-Term Care 13 Ombudsman in the Department of Elderly Affairs. 14 (2)(a) The Office of State Long-Term Care Ombudsman 15 shall be headed by the State Long-Term Care Ombudsman, who 16 shallhave expertise and experience in the fields of long-term17care and advocacy, who shallserve on a full-time basis and 18 shall personally, or through representatives of the office, 19 carry out the purposes and functions of the officeof State20Long-Term Care Ombudsmanin accordance with state and federal 21 law. 22 (b) TheState Long-Term Careombudsman shall be 23 appointed by and shall serve at the pleasure of the Secretary 24 of Elderly Affairs. The secretary shall appoint a person who 25 has expertise and experience in the fields of long-term care 26 and advocacy to serve as ombudsman.No person who has a27conflict of interest, or has an immediate family member who28has a conflict of interest, may be involved in the designation29of the ombudsman.30 (3)(a) There is created in the officeof State31Long-Term Care Ombudsmanthe position of legal advocate, who 7 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 shall be selected by and serve at the pleasure of the 2 ombudsman ,andwhoshall be a member in good standing of The 3 Florida Bar. 4 (b) The duties of the legal advocate shall include, 5 but not be limited to: 6 1. Assisting the ombudsman in carrying out the duties 7 of the office with respect to the abuse, neglect, or violation 8 of rights of residents of long-term care facilities. 9 2. Assisting the state and localombudsmancouncils in 10 carrying out their responsibilities under this part. 11 3. Pursuing administrative,Initiating and prosecuting12 legal, and other appropriate remedies on behalf ofequitable13actions to enforce the rights of long-term care facility14 residentsas defined in this chapter. 15 4. Serving as legal counsel to the state and local 16ombudsmancouncils, or individual members thereof, against 17 whom any suit or other legal action is initiated in connection 18 with the performance of the official duties of the councils or 19 an 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 8 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 payees that may adversely affect the health, safety, welfare, 2 or rights of the residents. 3 (b) Provide services that toassistresidentsin 4 protecting the health, safety, welfare, and rights ofthe5 residents. 6 (c) Inform residents, their representatives, and other 7 citizens about obtaining the services of theOffice ofState 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 theProvide administrative and18technical assistance tostate and localombudsmancouncils. 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 9 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 (2) The State Long-Term Care Ombudsman shall have the 2 duty and authority to: 3 (a) Establish and coordinate Assist and support the4efforts of the State Long-Term Care Ombudsman Council in the5establishment and coordination oflocalombudsmancouncils 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 fundingauthorized 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 localombudsmancouncils in the performance of 15 their duties. Staff positions established for the purpose of 16 coordinating the activities offoreach localombudsman17 council and assisting its members may beestablished as career18service positions, and shall befilled 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. 10 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 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 advocacy9committeesfor the purpose of coordinating and avoiding 10 duplication of advocacy services provided to residentsof11long-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 11 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 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 or18certification of, or an ownership or investment interest in, a19long-term care facility or a provider of a long-term care20service.21(b) Be employed by, or participate in the management22of, a long-term care facility.23(c) Receive, or have a right to receive, directly or24indirectly, remuneration, in cash or in kind, under a25compensation agreement with the owner or operator of a26long-term care facility.27 28The Department of Elderly Affairs shall adopt rules to29establish procedures to identify and eliminate conflicts of30interest as described in this subsection.31 12 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 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 ombudsmancouncils on 13 issues affecting residents and impacting the optimal operation 14 of the programof statewide concern. 15 (b) Serve as an appellate body in receiving from the 16 localombudsmancouncils complaints not resolved at the local 17 level. Any individual member or members of the stateombudsman18 council may enter any long-term care facility involved in an 19 appeal, pursuant to the conditions specified in s. 400.0074(2) 20400.0069(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, and work with the adult protective services 24 program as required in ss. 415.101-415.113.The Department of25Elderly Affairs shall develop procedures relating to such26investigations. Investigations may consist, in part, of one or27more onsite administrative inspections.28 (d) Assist the ombudsman in eliciting, receiving, 29 responding to, and resolving complaints made by or on behalf 30 oflong-term care facilityresidentsand in developing31 13 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 procedures relating to the receipt and resolution of such2complaints. The secretary shall approve all such procedures. 3 (e) Elicit and coordinate state, local, and voluntary 4 organizational assistance for the purpose of improving the 5 care received by residentsof a long-term care facility. 6 (f) Assist the ombudsman in preparing the annual 7 report described in s. 400.0065.Prepare an annual report8describing the activities carried out by the ombudsman and the9State Long-Term Care Ombudsman Council in the year for which10the report is prepared. The State Long-Term Care Ombudsman11Council shall submit the report to the Secretary of Elderly12Affairs. The secretary shall in turn submit the report to the13Commissioner of the United States Administration on Aging, the14Governor, the President of the Senate, the Speaker of the15House of Representatives, the minority leaders of the House16and Senate, the chairpersons of appropriate House and Senate17committees, the Secretary of Children and Family Services, and18the Secretary of Health Care Administration. The report shall19be submitted by the Secretary of Elderly Affairs at least 3020days before the convening of the regular session of the21Legislature and shall, at a minimum:221. Contain and analyze data collected concerning23complaints about and conditions in long-term care facilities.242. Evaluate the problems experienced by residents of25long-term care facilities.263. Contain recommendations for improving the quality27of life of the residents and for protecting the health,28safety, welfare, and rights of the residents.294. Analyze the success of the ombudsman program during30the preceding year and identify the barriers that prevent the31optimal operation of the program. The report of the program's14 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 successes shall also address the relationship between the2state long-term care ombudsman program, the Department of3Elderly Affairs, the Agency for Health Care Administration,4and the Department of Children and Family Services, and an5assessment of how successfully the state long-term care6ombudsman program has carried out its responsibilities under7the Older Americans Act.85. Provide policy and regulatory and legislative9recommendations to solve identified problems; resolve10residents' complaints; improve the quality of care and life of11the residents; protect the health, safety, welfare, and rights12of the residents; and remove the barriers to the optimal13operation of the state long-term care ombudsman program.146. Contain recommendations from the local ombudsman15councils regarding program functions and activities.167. Include a report on the activities of the legal17advocate and other legal advocates acting on behalf of the18local and state councils.19 (3)(a)The State Long-Term Care Ombudsman Council 20 shall be composed of one active local council member elected 21designatedby each local council plus three at-large members 22personsappointed by the Governor. 23 (a) Each local council shall elect by majority vote a 24 representative from among the council members to represent the 25 interests of the local council on the state council. A local 26 council chair may not serve as the representative of the local 27 council on the state council. 28 (b)1. The secretary, after consultingombudsman, in29consultationwith the ombudsmansecretary, shall submit to the 30 Governor a list of persons recommended for appointment to the 31 at-large positions on the state council. The list shall not 15 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 include the name of any person who is currently at least eight2names of persons who are notserving on a local council. 3 2. The Governor shall appoint three at-large members 4 chosen from the list, at least one of whom must be over 605years of age. 6 3. If the Governor does not appoint an at-large member 7 to fill a vacant positionGovernor's appointments are not made8 within 60 days afterthe ombudsman submitsthe list is 9 submitted, the secretary, after consulting with the ombudsman, 10in consultation with the secretary,shall appoint an at-large 11 member to fill that vacant positionthree members, one of whom12must be over 60 years of age. 13 (c)1. All state council members shallbe appointed to14 serve 3-year terms. 15 2. A member of the stateLong-Term Care Ombudsman16 council may not serve more than two consecutive terms. 17 3. A local council may recommend removal of its 18 elected representative from the state council by a majority 19 vote. If the council votes to remove its representative, the 20 local council chair shall immediately notify the ombudsman. 21 The secretary shall advise the Governor of the local council's 22 vote upon receiving notice from the ombudsman.Any vacancy23shall be filled in the same manner as the original24appointment.25 4. The position of any member missing three state 26 council meetings within a 1-year periodconsecutive regular27meetingswithout cause mayshallbe declared vacant by the 28 ombudsman. The findings of the ombudsman regarding cause shall 29 be final and binding. 30 5. Any vacancy on the state council shall be filled in 31 the same manner as the original appointment. 16 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 (d)1. The state ombudsmancouncil shall elect a chair 2 to serve for a term of 1 year. A chair may not serve more than 3 two consecutive termschairperson for a term of 1 year from4among the members who have served for at least 1 year. 5 2. The chairchairpersonshall select a vice chair 6chairpersonfrom among the members. The vice chairchairperson7 shall preside over the state council in the absence of the 8 chairchairperson. 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 stateombudsmancouncil shall meet upon the 25 call of the chair or upon the call of the ombudsman. The 26 council shall meetchairperson,at least quarterly but may 27 meetormore 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 17 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 3. The state council may not vote on or otherwise make 2 any decisions resulting in a recommendation that will directly 3 impact the state council or any local council, outside of a 4 publicly noticed meeting at which a quorum is present. 5 (f) Members shall receive no compensation but shall, 6 with approval from the ombudsman, be reimbursed for per diem 7 and travel expenses as provided in s. 112.061. 8 (4) No officer, employee, or representative of the9Office of State Long-Term Care Ombudsman or of the State10Long-Term Care Ombudsman Council, nor any member of the11immediate family of such officer, employee, or representative,12may have a conflict of interest. The ombudsman shall adopt13rules to identify and remove conflicts of interest.14(5) The Department of Elderly Affairs shall make a15separate and distinct request for an appropriation for all16expenses for the state and local ombudsman councils.17 Section 7. Section 400.0069, Florida Statutes, is 18 amended to read: 19 400.0069 Local long-term care ombudsman councils; 20 duties; membership.-- 21 (1)(a) The ombudsman shall designate local long-term 22 care ombudsman councils to carry out the duties of the State 23 Long-Term Care Ombudsman Program within local communities. 24 Each local council shall function under the direction of the 25 ombudsman. 26 (b) The ombudsman shall ensure that there isThere27shall beat least one locallong-term care ombudsmancouncil 28 operating in each of the department's planning and service 29 areasof the Department of Elderly Affairs, which shall30function under the direction of the ombudsman and the state31ombudsman council. The ombudsman may create additional local 18 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 councils as necessary to ensure that residents throughout the 2 state have adequate access to State Long-Term Care Ombudsman 3 Program services. The ombudsman, after approval from the 4 secretary, shall designate the jurisdictional boundaries of 5 each local council. 6 (2) The duties of the local councils ombudsman council7 are to: 8 (a)ToServe as a third-party mechanism for protecting 9 the health, safety, welfare, and civil and human rights of 10 residentsof a long-term care facility. 11 (b)ToDiscover, investigate, and determine the 12 existence of abuse or neglect in any long-term care facility 13 and to use the procedures provided for in ss. 415.101-415.113 14 when applicable.Investigations may consist, in part, of one15or more onsite administrative inspections.16 (c)ToElicit, receive, investigate, respond to, and 17 resolve complaints made by,or on behalf of, long-term care18facilityresidents. 19 (d)ToReview and, if necessary,tocomment on, for20their effect on the rights of long-term care facility21residents,all existing or proposed rules, regulations, and 22 other governmental policies and actions relating to long-term 23 care facilities that may potentially have an effect on the 24 rights, health, safety, and welfare of residents. 25 (e)ToReview personal property and money accounts of 26Medicaidresidents who are receiving assistance under the 27 Medicaid program pursuant to an investigation to obtain 28 information regarding a specific complaint or problem. 29 (f) Recommend that the ombudsman and the legal 30 advocateTo represent the interests of residents before31government agencies and toseek administrative, legal, and 19 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 other remedies to protect the health, safety, welfare, and 2 rights of the residents. 3 (g) ToCarry out other activities that the ombudsman 4 determines to be appropriate. 5 (3) In order to carry out the duties specified in 6 subsection (2), a member of athelocalombudsmancouncil is 7 authorized, pursuant to ss. 400.19(1) and 400.434,to enter 8 any long-term care facility without notice or first obtaining 9 a warrant, subject to the provisions of s. 400.0074(2) 10400.0073(5). 11 (4) Each localombudsmancouncil shall be composed of 12 members whose primary residence is located within the 13 boundaries of the local council's jurisdiction. 14 (a) The ombudsman shall strive to ensure that each 15 local councilno less than 15 members and no more than 4016members from the local planning and service area, toinclude 17 the following persons as members: 18 1. At least one medical or osteopathic physician whose 19 practice includes or has included a substantial number of 20 geriatric patients and who mayhave limitedpractice in a 21 long-term care facility; 22 2. At least one registered nurse who has geriatric 23 experience, if possible; 24 3. At least one licensed pharmacist; 25 4. At least one registered dietitian; 26 5. At least six nursing home residents or 27 representative consumer advocates for nursing home residents; 28 6. At least three residents of assisted living 29 facilities or adult family-care homes or three representative 30 consumer advocates for alternative long-term care facility 31 residents; 20 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 7. At least one attorney; and 2 8. At least one professional social worker. 3 (b) In no case shall the medical director of a 4 long-term care facility or an employee of the agency for5Health Care Administration, the department, the Department of 6 Children and Family Services, or the Agency for Persons with 7 DisabilitiesDepartment of Elderly Affairsserve as a member 8 or as an ex officio member of a council.Each member of the9council shall certify that neither the council member nor any10member of the council member's immediate family has any11conflict of interest pursuant to subsection (10). Local12ombudsman councils are encouraged to recruit council members13who are 60 years of age or older.14 (5)(a) Individuals wishing to join a local council 15 shall submit an application to the ombudsman. The ombudsman 16 shall review the individual's application and advise the 17 secretary of his or her recommendation for approval or 18 disapproval of the candidate's membership on the local 19 council. If the secretary approves of the individual's 20 membership, the individual shall be appointed as a member of 21 the local council. 22 (b) The secretary may rescind the ombudsman's approval 23 of a member on a local council at any time. If the secretary 24 rescinds the approval of a member on a local council, the 25 ombudsman shall ensure that the individual is immediately 26 removed from the local council on which he or she serves and 27 the individual may no longer represent the State Long-Term 28 Care Ombudsman Program until the secretary provides his or her 29 approval. 30 (c) A local council may recommend the removal of one 31 or more of its members by submitting to the ombudsman a 21 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 resolution adopted by a two-thirds vote of the members of the 2 council stating the name of the member or members recommended 3 for removal and the reasons for the recommendation. If such a 4 recommendation is adopted by a local council, the local 5 council chair or district coordinator shall immediately report 6 the council's recommendation to the ombudsman. The ombudsman 7 shall review the recommendation of the local council and 8 advise the secretary of his or her recommendation regarding 9 removal of the council member or members. All members shall be10appointed to serve 3-year terms. Upon expiration of a term and11in case of any other vacancy, the council shall select a12replacement by majority vote. The ombudsman shall review the13selection of the council and recommend approval or disapproval14to the Governor. If no action is taken by the Governor to15approve or disapprove the replacement of a member within 3016days after the ombudsman has notified the Governor of his or17her recommendation, the replacement shall be considered18disapproved and the process for selection of a replacement19shall be repeated.20 (6)(a) EachThelocalombudsmancouncil shall elect a 21 chair for a term of 1 year. There shall be no limitation on 22 the number of terms that an approved member of a local council 23 may serve as chairfrom members who have served at least 124year. 25 (b) The chair shall select a vice chair from among the 26 members of the council. The vice chair shall preside over the 27 council in the absence of the chair. 28 (c) The chair may create additional executive 29 positions as necessary to carry out the duties of the local 30 council. Any person appointed to an executive position shall 31 22 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 serve at the pleasure of the chair, and his or her term shall 2 expire on the same day as the term of the chair. 3 (d) A chair may be immediately removed from office 4 prior to the expiration of his or her term by a vote of 5 two-thirds of the members of the local council. If any chair 6 is removed from office prior to the expiration of his or her 7 term, a replacement chair shall be elected during the same 8 meeting, and the term of the replacement chair shall begin 9 immediately. The replacement chair shall serve for the 10 remainder of the term of the person he or she replaced. 11 (7) Each Thelocalombudsmancouncil shall meet upon 12 the call of itsthechair or upon the call of the ombudsman. 13 Each local council shall meet,at least once a month but may 14 meetormore frequently if necessaryas needed to handle15emergency situations. 16 (8) A member of a localombudsmancouncil shall 17 receive no compensation but shall, with approval from the 18 ombudsman, be reimbursed for travel expenses both within and 19 outside the jurisdiction of the local councilcounty of20residencein accordance with the provisions of s. 112.061. 21 (9) The localombudsmancouncils are authorized to 22 call upon appropriate agencies of state government for such 23 professional assistance as may be needed in the discharge of 24 their duties. All state agencies shall cooperate with the 25 localombudsmancouncils in providing requested information 26 and agency representationrepresentativesat council meetings. 27(10) No officer, employee, or representative of a28local long-term care ombudsman council, nor any member of the29immediate family of such officer, employee, or representative,30may have a conflict of interest. The ombudsman shall adopt31rules to identify and remove conflicts of interest.23 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 Section 8. Section 400.0070, Florida Statutes, is 2 created to read: 3 400.0070 Conflicts of interest.-- 4 (1) The ombudsman shall not: 5 (a) Have a direct involvement in the licensing or 6 certification of, or an ownership or investment interest in, a 7 long-term care facility or a provider of a long-term care 8 service. 9 (b) Be employed by, or participate in the management 10 of, a long-term care facility. 11 (c) Receive, or have a right to receive, directly or 12 indirectly, remuneration, in cash or in kind, under a 13 compensation agreement with the owner or operator of a 14 long-term care facility. 15 (2) Each employee of the office, each state council 16 member, and each local council member shall certify that he or 17 she has no conflict of interest. 18 (3) The department shall define by rule: 19 (a) Situations that constitute a person having a 20 conflict of interest that could materially affect the 21 objectivity or capacity of a person to serve on an ombudsman 22 council, or as an employee of the office, while carrying out 23 the purposes of the State Long-Term Care Ombudsman Program as 24 specified in this part. 25 (b) The procedure by which a person listed in 26 subsection (2) shall certify that he or she has no conflict of 27 interest. 28 Section 9. Section 400.0071, Florida Statutes, is 29 amended to read: 30 400.0071 State Long-Term Care Ombudsman Program 31 complaint procedures.-- 24 CODING: Words strickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 (1)The departmentstate ombudsman councilshall adopt 2 rules implementingrecommend to the ombudsman and the3secretarystate and local complaint procedures. The rules must 4 include procedures for: 5 (1) Receiving complaints against anursing home or6 long-term care facility or anitsemployee of a long-term care 7 facility. 8 (2) Conducting investigations of a long-term care 9 facility or an employee of a long-term care facility 10 subsequent to receiving a complaint. 11 (3) Conducting onsite administrative assessments of 12 long-term care facilities.The procedures shall be implemented13after the approval of the ombudsman and the secretary.14(2) These procedures shall be posted in full view in15every nursing home or long-term care facility. Every resident16or representative of a resident shall receive, upon admission17to a nursing home or long-term care facility, a printed copy18of the procedures of the state and the local ombudsman19councils.20 Section 10. Section 400.0073, Florida Statutes, is 21 amended to read: 22 400.0073 State and local ombudsman council 23 investigations.-- 24 (1) A localombudsmancouncil shall investigate, 25 within a reasonable time after a complaint is made, any 26 complaint of a resident, aorrepresentative of a resident, or 27 any other credible source based on an action or omission by an 28 administrator, anoremployee, or a representative of a 29nursing home orlong-term care facility which might be: 30 (a) Contrary to law;.31 25 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 (b) Unreasonable, unfair, oppressive, or unnecessarily 2 discriminatory, even though in accordance with law; .3 (c) Based on a mistake of fact;.4 (d) Based on improper or irrelevant grounds;.5 (e) Unaccompanied by an adequate statement of 6 reasons;.7 (f) Performed in an inefficient manner; or.8 (g) Otherwise adversely affecting the health, safety, 9 welfare, or rights of a residenterroneous. 10 (2) In an investigation, both the state and local 11ombudsmancouncils have the authority to hold public hearings. 12 (3) Subsequent to an appeal from a localombudsman13 council, the stateombudsmancouncil may investigate any 14 complaint received by the local council involving anursing15home orlong-term care facility or a resident. 16 (4) If the ombudsman or any state or local council 17 member is not allowed to enter a long-term care facility, the 18 administrator of the facility shall be considered to have 19 interfered with a representative of the office, the state 20 council, or the local council in the performance of official 21 duties as described in s. 400.0083(1) and to have committed a 22 violation of this part. The ombudsman shall report a 23 facility's refusal to allow entry to the agency, and the 24 agency shall record the report and take it into consideration 25 when determining actions allowable under s. 400.102, s. 26 400.121, s. 400.414, s. 400.419, s. 400.6194, or s. 400.6196. 27In addition to any specific investigation made pursuant to a28complaint, the local ombudsman council shall conduct, at least29annually, an investigation, which shall consist, in part, of30an onsite administrative inspection, of each nursing home or31long-term care facility within its jurisdiction. This26 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 inspection shall focus on the rights, health, safety, and2welfare of the residents.3(5) Any onsite administrative inspection conducted by4an ombudsman council shall be subject to the following:5(a) All inspections shall be at times and for6durations necessary to produce the information required to7carry out the duties of the council.8(b) No advance notice of an inspection shall be9provided to any nursing home or long-term care facility,10except that notice of followup inspections on specific11problems may be provided.12(c) Inspections shall be conducted in a manner which13will impose no unreasonable burden on nursing homes or14long-term care facilities, consistent with the underlying15purposes of this part. Unnecessary duplication of efforts16among council members or the councils shall be reduced to the17extent possible.18(d) Any ombudsman council member physically present19for the inspection shall identify himself or herself and the20statutory authority for his or her inspection of the facility.21(e) Inspections may not unreasonably interfere with22the programs and activities of clients within the facility.23Ombudsman council members shall respect the rights of24residents.25(f) All inspections shall be limited to compliance26with parts II, III, and VII of this chapter and 42 U.S.C. ss.271396(a) et seq., and any rules or regulations promulgated28pursuant to such laws.29(g) No ombudsman council member shall enter a30single-family residential unit within a long-term care31 27 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 facility without the permission of the resident or the2representative of the resident.3(h) Any inspection resulting from a specific complaint4made to an ombudsman council concerning a facility shall be5conducted within a reasonable time after the complaint is6made.7(6) An inspection may not be accomplished by forcible8entry. Refusal of a long-term care facility to allow entry of9any ombudsman council member constitutes a violation of part10II, part III, or part VII of this chapter.11 Section 11. Section 400.0074, Florida Statutes, is 12 created to read: 13 400.0074 Local ombudsman council onsite administrative 14 assessments.-- 15 (1) In addition to any specific investigation 16 conducted pursuant to a complaint, the local council shall 17 conduct, at least annually, an onsite administrative 18 assessment of each nursing home, assisted living facility, and 19 adult family-care home within its jurisdiction. This 20 administrative assessment shall focus on factors affecting the 21 rights, health, safety, and welfare of the residents. Each 22 local council is encouraged to conduct a similar onsite 23 administrative assessment of each additional long-term care 24 facility within its jurisdiction. 25 (2) An onsite administrative assessment conducted by a 26 local council shall be subject to the following conditions: 27 (a) To the extent possible and reasonable, the 28 administrative assessments shall not duplicate the efforts of 29 the agency surveys and inspections conducted under parts II, 30 III, and VII of this chapter. 31 28 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 (b) An administrative assessment shall be conducted at 2 a time and for a duration necessary to produce the information 3 required to carry out the duties of the local council. 4 (c) Advance notice of an administrative assessment may 5 not be provided to a long-term care facility, except that 6 notice of followup assessments on specific problems may be 7 provided. 8 (d) A local council member physically present for the 9 administrative assessment shall identify himself or herself 10 and cite the specific statutory authority for his or her 11 assessment of the facility. 12 (e) An administrative assessment may not unreasonably 13 interfere with the programs and activities of residents. 14 (f) A local council member may not enter a 15 single-family residential unit within a long-term care 16 facility during an administrative assessment without the 17 permission of the resident or the representative of the 18 resident. 19 (g) An administrative assessment must be conducted in 20 a manner that will impose no unreasonable burden on a 21 long-term care facility. 22 (3) Regardless of jurisdiction, the ombudsman may 23 authorize a state or local council member to assist another 24 local council to perform the administrative assessments 25 described in this section. 26 (4) An onsite administrative assessment may not be 27 accomplished by forcible entry. However, if the ombudsman or a 28 state or local council member is not allowed to enter a 29 long-term care facility, the administrator of the facility 30 shall be considered to have interfered with a representative 31 of the office, the state council, or the local council in the 29 CODING: Words strickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 performance of official duties as described in s. 400.0083(1) 2 and to have committed a violation of this part. The ombudsman 3 shall report the refusal by a facility to allow entry to the 4 agency, and the agency shall record the report and take it 5 into consideration when determining actions allowable under s. 6 400.102, s. 400.121, s. 400.414, s. 400.419, s. 400.6194, or 7 s. 400.6196. 8 Section 12. Section 400.0075, Florida Statutes, is 9 amended to read: 10 400.0075 Complaint notification and resolution 11 procedures.-- 12 (1)(a) Any complaint or , including anyproblem 13 verifiedidentifiedby an ombudsman council as a result of an 14 investigation or onsite administrative assessment, which 15 complaint or problem is determined to require, deemed valid16and requiringremedial action by the localombudsmancouncil, 17 shall be identified and brought to the attention of the 18 long-term care facility administrator in writing. Upon receipt 19 of such document, the administrator,in concurrencewith the 20 concurrence of the localombudsmancouncil chair, shall 21 establish target dates for taking appropriate remedial action. 22 If, by the target date, the remedial action is not completed 23 or forthcoming, the localombudsmancouncil chair may, after 24 obtaining approval from the ombudsman and a majority of the 25 members of the local council: 26 1.(a)Extend the target date if the chaircouncilhas 27 reason to believe such action would facilitate the resolution 28 of the complaint. 29 2.(b)In accordance with s. 400.0077, publicize the 30 complaint, the recommendations of the council, and the 31 response of the long-term care facility. 30 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 3. (c)Refer the complaint to the stateombudsman2 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, shalllocal long-term care ombudsman council mayseek 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 athelocalombudsman16 council, the stateombudsmancouncil 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 19found validby the stateombudsmancouncil, 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 ensureassurecorrection 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 for31inspecting and licensing or certifying long-term care31 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 facilities, and recommend to the Agency for Health Care2Administration changes in rules for licensing and regulating3long-term care facilities.4(d) Refer the complaint to the state attorney for5prosecution if there is reason to believe the long-term care6facility or its employee is guilty of a criminal act.7 3.(e)Recommend to the department and the agencyfor8Health Care Administrationthat the long-term care facility no 9 longer receive payments under anythestateMedicalassistance 10 program, including(Medicaid). 11 4.(f)Recommend tothatthe department and the agency 12 thatinitiateprocedures 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 to16protect the health, safety, welfare, or rights of the17resident.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 Councilshall 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 part31of its annual report required pursuant to s. 400.0067(2)(f),32 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 information relating to the disposition of all complaints to2the 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 servicesStatewide toll-free telephone7number.-- 8 (1) The officeof State Long-Term Care Ombudsmanshall 9 establish a statewide toll-free telephone number for receiving 10 complaints concerning matters adversely affecting the health, 11 safety, welfare, or rights of residentsnursing 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 partactwho 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 actactingon behalf of the office, as well as 30 all members ofState Long-Term Care Ombudsman orthe state and 31or alocal councils,long-term care ombudsman councilshall be 33 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 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 9of State Long-Term Care Ombudsman, the stateLong-Term Care10Ombudsmancouncil and its members, and the local councils and 11 their memberslong-term care ombudsman councils, or their12representatives, shall haveaccess to: 13 (a) Any portion of the long-term care facility and any 14 resident as necessary to investigate or resolve a complaint 15facilities 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 or guardian of the resident 25 refuses to give permission;.26 2. The office has reasonable cause to believe that the 27 representative or guardian is not acting in the best interests 28 of the resident; and.29 3. The state or local council memberrepresentative30 obtains the approval of the ombudsman. 31 34 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 (d) The administrative records, policies, and 2 documents to which theresidents,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 to8a complaint investigation by the state ombudsman council or a9local ombudsman council, the legal representative of the10resident refuses to give permission for the release of the11resident's records, and if the Office of State Long-Term Care12Ombudsman has reasonable cause to find that the legal13representative is not acting in the best interests of the14resident, the medical and social records of the resident must15be made available to the state or local council as is16necessary for the members of the council to investigate the17complaint.18 (2)(3)The departmentof Elderly Affairs, in 19 consultation with the ombudsman and the stateLong-Term Care20Ombudsmancouncil, mayshalladopt 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 officeof State Long-Term Care29Ombudsman, the stateLong-Term Care Ombudsmancouncil, or a 30 locallong-term care ombudsmancouncil in the performance of 31 official duties. 35 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 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 stateLong-Term Care7Ombudsmancouncil, or a locallong-term care ombudsman8 council. 9 (3)(a)Any person, long-term care facility, or other 10 entity thatwhoviolates 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 other14entity who violates this sectionCommits 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 DepartmentAgencyoversight; 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 36 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 Older Americans Act program shall be expended on direct 2 ombudsman activities. 3 (2) (1)The departmentof Elderly Affairsshall monitor 4 the office, the state council, and the localombudsman5 councils to ensure that each isresponsible forcarrying out 6 the duties delegated to it by stateby s. 400.0069and federal 7 law.The department, in consultation with the ombudsman, shall8adopt rules to establish the policies and procedures for the9monitoring 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 OmbudsmanProvides 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 locallong-term care19ombudsmancouncils.; and20 (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 departmentof Elderly Affairs is the25designated state unit on aging for purposes of complying with26the federal Older Americans Act. The Department of Elderly27Affairs shall ensure that the ombudsman program has the28objectivity and independence required to qualify it for29funding under the federal Older Americans Act, and shall carry30out the long-term care ombudsman program through the Office of31 37 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 State Long-Term Care Ombudsman. The Department of Elderly2Affairsshall also: 3 (a) Receive and disburse state and federal funds for 4 purposes that thestateombudsmancouncilhas 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 Programrepresentatives,9the staffs of the state and local ombudsman councils, and10members of the state and local ombudsman councils. 11 Section 19. Section 400.0089, Florida Statutes, is 12 amended to read: 13 400.0089 Complaint dataAgencyreports.--The office 14Department of Elderly Affairsshall 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-Term19Care Ombudsman Council shall submit such data as part of its20annual report required pursuant to s. 400.0067(2)(f) to the21Agency for Health Care Administration, the Department of22Children and Family Services, the Florida Statewide Advocacy23Council, the Advocacy Center for Persons with Disabilities,24the Commissioner for the United States Administration on25Aging, the National Ombudsman Resource Center, and any other26state or federal entities that the ombudsman determines27appropriate.The officeState Long-Term Care Ombudsman Council28 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 38 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 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 provideappropriate training is provided to all employees of 7 the officeof State Long-Term Care Ombudsmanand to the 8 members of the state and locallong-term care ombudsman9 councils, including all unpaid volunteers. 10 (1) All state and local council membersvolunteersand 11appropriateemployees of the office shallof State Long-Term12Care Ombudsman mustbe given a minimum of 20 hours of training 13 upon employment with the office or approvalenrollmentas a 14 state or local council membervolunteerand 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 mustcover, 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., and26 (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 locallong-term care ombudsman30 councils, other than the ombudsman, may hold himself or 31 herself out as a representative of the State Long-Term Care 39 CODING: Wordsstrickenare deletions; words underlined are additions.ENROLLED 2006 Legislature CS for SB 1922 1 Ombudsman Program or conduct carry outany authorized program 2ombudsmanduty described in this partor responsibilityunless 3 the person has received the training required by this section 4 and has been certifiedapprovedby the ombudsman as qualified 5 to carry out ombudsman activities on behalf of the office or 6 the state or locallong-term care ombudsmancouncils. 7 Section 21. This act shall take effect upon becoming a 8 law. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 40 CODING: Wordsstrickenare deletions; words underlined are additions.