| 1 | A bill to be entitled |
| 2 | An act relating to adult protection and care; amending s. |
| 3 | 322.142, F.S.; authorizing the Department of Children and |
| 4 | Family Services to obtain copies of driver's license files |
| 5 | maintained by the Department of Highway Safety and Motor |
| 6 | Vehicles for the purpose of conducting protective |
| 7 | investigations; amending s. 415.103, F.S.; requiring that |
| 8 | reports to the central abuse hotline relating to |
| 9 | vulnerable adults be transferred to the county sheriff's |
| 10 | office under certain circumstances; amending s. 415.1051, |
| 11 | F.S.; authorizing the Department of Children and Family |
| 12 | Services to file a petition within 60 days to determine |
| 13 | incapacity in adult protection proceedings; prohibiting |
| 14 | the department from serving as the guardian or providing |
| 15 | legal counsel to the guardian under certain circumstances; |
| 16 | amending s. 415.112, F.S.; providing authority and |
| 17 | requirements for department rules; amending s. 429.28, |
| 18 | F.S.; revising and specifying certain conditions in an |
| 19 | assisted living facility's resident bill of rights for a |
| 20 | resident's relocation or termination of residency; |
| 21 | creating s. 429.285, F.S.; prohibiting resident relocation |
| 22 | or termination of residency in the absence of certain |
| 23 | specified conditions; requiring the administrator or |
| 24 | employee of a facility to sign a notice of relocation or |
| 25 | termination of residency and requiring a physician's |
| 26 | signature under certain circumstances; requiring a |
| 27 | licensee to provide advance written notice to the resident |
| 28 | and other specified persons regarding relocation or |
| 29 | termination of residency; providing that the notice |
| 30 | contain certain information; providing for the creation of |
| 31 | a form to submit relocation or termination of residency |
| 32 | information and specifying information to be included |
| 33 | therein; requiring a licensee to report relocation or |
| 34 | termination of residency to the Office of State Long-term |
| 35 | Care Ombudsman within a certain timeframe; permitting |
| 36 | residents to seek the assistance of the local long-term |
| 37 | care ombudsmen council in reviewing a notice of relocation |
| 38 | or termination of residency; providing for emergency |
| 39 | relocation and termination of residency; permitting the |
| 40 | local long-term care ombudsmen council to request private |
| 41 | informal contact with a resident upon receipt of a notice |
| 42 | of relocation or termination of residency; authorizing the |
| 43 | agency to adopt rules; amending ss. 429.07 and 429.31, |
| 44 | F.S.; conforming cross-references; providing an effective |
| 45 | date. |
| 46 |
|
| 47 | Be It Enacted by the Legislature of the State of Florida: |
| 48 |
|
| 49 | Section 1. Subsection (4) of section 322.142, Florida |
| 50 | Statutes, is amended to read: |
| 51 | 322.142 Color photographic or digital imaged licenses.-- |
| 52 | (4) The department may maintain a film negative or print |
| 53 | file. The department shall maintain a record of the digital |
| 54 | image and signature of the licensees, together with other data |
| 55 | required by the department for identification and retrieval. |
| 56 | Reproductions from the file or digital record are exempt from |
| 57 | the provisions of s. 119.07(1) and shall be made and issued only |
| 58 | for departmental administrative purposes; for the issuance of |
| 59 | duplicate licenses; in response to law enforcement agency |
| 60 | requests; to the Department of State pursuant to an interagency |
| 61 | agreement to facilitate determinations of eligibility of voter |
| 62 | registration applicants and registered voters in accordance with |
| 63 | ss. 98.045 and 98.075; to the Department of Revenue pursuant to |
| 64 | an interagency agreement for use in establishing paternity and |
| 65 | establishing, modifying, or enforcing support obligations in |
| 66 | Title IV-D cases; to the Department of Children and Family |
| 67 | Services pursuant to an interagency agreement to conduct |
| 68 | protective investigations under chapter 415; or to the |
| 69 | Department of Financial Services pursuant to an interagency |
| 70 | agreement to facilitate the location of owners of unclaimed |
| 71 | property, the validation of unclaimed property claims, and the |
| 72 | identification of fraudulent or false claims, and are exempt |
| 73 | from the provisions of s. 119.07(1). |
| 74 | Section 2. Subsection (2) of section 415.103, Florida |
| 75 | Statutes, is amended to read: |
| 76 | 415.103 Central abuse hotline.-- |
| 77 | (2) Upon receiving an oral or written report of known or |
| 78 | suspected abuse, neglect, or exploitation of a vulnerable adult, |
| 79 | the central abuse hotline shall must determine if the report |
| 80 | requires an immediate onsite protective investigation. |
| 81 | (a) For reports requiring an immediate onsite protective |
| 82 | investigation, the central abuse hotline must immediately notify |
| 83 | the department's designated protective investigative district |
| 84 | staff responsible for protective investigations to ensure prompt |
| 85 | initiation of an onsite investigation. |
| 86 | (b) For reports not requiring an immediate onsite |
| 87 | protective investigation, the central abuse hotline must notify |
| 88 | the department's designated protective investigative district |
| 89 | staff responsible for protective investigations in sufficient |
| 90 | time to allow for an investigation to be commenced within 24 |
| 91 | hours. At the time of notification of district staff with |
| 92 | respect to the report, the central abuse hotline must also |
| 93 | provide any known information on any previous reports report |
| 94 | concerning the a subject of the present report or any pertinent |
| 95 | information relative to the present report or any noted earlier |
| 96 | reports. |
| 97 | (c) If the report is of known or suspected abuse of a |
| 98 | vulnerable adult by someone other than a relative, caregiver, or |
| 99 | household member, the report shall be immediately transferred to |
| 100 | the appropriate county sheriff's office. |
| 101 | Section 3. Paragraph (e) of subsection (1) and paragraph |
| 102 | (g) of subsection (2) of section 415.1051, Florida Statutes, are |
| 103 | amended to read: |
| 104 | 415.1051 Protective services interventions when capacity |
| 105 | to consent is lacking; nonemergencies; emergencies; orders; |
| 106 | limitations.-- |
| 107 | (1) NONEMERGENCY PROTECTIVE SERVICES INTERVENTIONS.--If |
| 108 | the department has reasonable cause to believe that a vulnerable |
| 109 | adult or a vulnerable adult in need of services is being abused, |
| 110 | neglected, or exploited and is in need of protective services |
| 111 | but lacks the capacity to consent to protective services, the |
| 112 | department shall petition the court for an order authorizing the |
| 113 | provision of protective services. |
| 114 | (e) Continued protective services.-- |
| 115 | 1. Within No more than 60 days after the date of the order |
| 116 | authorizing the provision of protective services, the department |
| 117 | shall petition the court to determine whether: |
| 118 | a. Protective services are to will be continued with the |
| 119 | consent of the vulnerable adult pursuant to this subsection; |
| 120 | b. Protective services are to will be continued for the |
| 121 | vulnerable adult who lacks capacity; |
| 122 | c. Protective services are to will be discontinued; or |
| 123 | d. A petition for guardianship shall should be filed |
| 124 | pursuant to chapter 744. |
| 125 | 2. If the court determines that a petition for |
| 126 | guardianship shall should be filed pursuant to chapter 744, the |
| 127 | court, for good cause shown, may order continued protective |
| 128 | services until it makes a determination regarding capacity. |
| 129 | 3. If the department has a good faith belief that the |
| 130 | vulnerable adult lacks capacity, the petition to determine |
| 131 | incapacity under s. 744.3201 may be filed by the department. |
| 132 | Once the petition is filed, the department may not be appointed |
| 133 | guardian and may not provide legal counsel for the guardian. |
| 134 | (2) EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the |
| 135 | department has reasonable cause to believe that a vulnerable |
| 136 | adult is suffering from abuse or neglect that presents a risk of |
| 137 | death or serious physical injury to the vulnerable adult and |
| 138 | that the vulnerable adult lacks the capacity to consent to |
| 139 | emergency protective services, the department may take action |
| 140 | under this subsection. If the vulnerable adult has the capacity |
| 141 | to consent and refuses consent to emergency protective services, |
| 142 | emergency protective services may not be provided. |
| 143 | (g) Continued emergency protective services.-- |
| 144 | 1. Within Not more than 60 days after the date of the |
| 145 | order authorizing the provision of emergency protective |
| 146 | services, the department shall petition the court to determine |
| 147 | whether: |
| 148 | a. Emergency protective services are to will be continued |
| 149 | with the consent of the vulnerable adult; |
| 150 | b. Emergency protective services are to will be continued |
| 151 | for the vulnerable adult who lacks capacity; |
| 152 | c. Emergency protective services are to will be |
| 153 | discontinued; or |
| 154 | d. A petition shall should be filed under chapter 744. |
| 155 | 2. If it is decided to file a petition under chapter 744, |
| 156 | for good cause shown, the court may order continued emergency |
| 157 | protective services until a determination is made by the court. |
| 158 | 3. If the department has a good faith belief that the |
| 159 | vulnerable adult lacks capacity, the petition to determine |
| 160 | incapacity under s. 744.3201 may be filed by the department. |
| 161 | Once the petition is filed, the department may not be appointed |
| 162 | guardian and may not provide legal counsel for the guardian. |
| 163 | Section 4. Section 415.112, Florida Statutes, is amended |
| 164 | to read: |
| 165 | 415.112 Specific rulemaking authority Rules for |
| 166 | implementation of ss. 415.101-415.113.--The department shall |
| 167 | adopt promulgate rules to administer this chapter, including, |
| 168 | but not limited to: for the implementation of ss. 415.101- |
| 169 | 415.113. |
| 170 | (1) Background screening of department employees and |
| 171 | applicants for employment, which shall include a criminal |
| 172 | records check and drug testing of adult protective investigators |
| 173 | and adult protective investigator supervisors. |
| 174 | (2) Reporting of adult abuse, neglect, and exploitation; |
| 175 | reporting of a vulnerable adult in need of services; false |
| 176 | reporting; and adult protective investigations. |
| 177 | (3) Confidentiality and retention of department records, |
| 178 | access to records, and record requests. |
| 179 | (4) Injunctions and other protective orders. |
| 180 | (5) The provision of emergency and nonemergency protective |
| 181 | services intervention. |
| 182 | (6) Agreements with law enforcement and other state |
| 183 | agencies. |
| 184 | (7) Legal and casework procedures, including, but not |
| 185 | limited to, diligent search, petitions, emergency removals, |
| 186 | capacity to consent, and adult protection teams. |
| 187 | (8) Legal and casework management of cases involving |
| 188 | protective supervision, protective orders, judicial reviews, |
| 189 | administrative reviews, case plans, and documentation |
| 190 | requirements. |
| 191 | Section 5. Paragraphs (k) and (l) of subsection (1), |
| 192 | subsection (2), and paragraph (b) of subsection (3) of section |
| 193 | 429.28, Florida Statutes, are amended to read: |
| 194 | 429.28 Resident bill of rights.-- |
| 195 | (1) No resident of a facility shall be deprived of any |
| 196 | civil or legal rights, benefits, or privileges guaranteed by |
| 197 | law, the Constitution of the State of Florida, or the |
| 198 | Constitution of the United States as a resident of a facility. |
| 199 | Every resident of a facility shall have the right to: |
| 200 | (k) Receive at least 45 days' written notice of relocation |
| 201 | or termination of residency from the licensee as provided in s. |
| 202 | 429.285, unless the relocation or termination of residency is |
| 203 | initiated by the resident or the resident designee; facility |
| 204 | unless, for medical reasons, the resident is certified by a |
| 205 | physician to require an emergency relocation to a facility |
| 206 | providing a more skilled level of care; or the resident engages |
| 207 | in a pattern of conduct that is harmful or offensive to other |
| 208 | residents. In the case of a resident who has been adjudicated |
| 209 | mentally incapacitated, the guardian shall be given at least 45 |
| 210 | days' notice of a nonemergency relocation or residency |
| 211 | termination. Reasons for relocation shall be set forth in |
| 212 | writing. In order for a licensee facility to terminate the |
| 213 | residency of an individual without notice as provided in this |
| 214 | paragraph herein, the licensee facility shall show good cause in |
| 215 | a court of competent jurisdiction. Admission to a facility |
| 216 | licensed under this part may not be conditioned upon a waiver of |
| 217 | such right, and any document or provision in a document that |
| 218 | purports to waive or preclude such right is void and |
| 219 | unenforceable. |
| 220 | (l) Present grievances and recommend changes in policies, |
| 221 | procedures, and services to the staff of the facility, governing |
| 222 | officials, or any other person without restraint, interference, |
| 223 | coercion, discrimination, or reprisal. Each licensee facility |
| 224 | shall establish a written grievance procedure to facilitate the |
| 225 | residents' exercise of this right. This right includes access to |
| 226 | ombudsman volunteers and advocates and the right to be a member |
| 227 | of, to be active in, and to associate with advocacy or special |
| 228 | interest groups. Each licensee shall maintain a written log of |
| 229 | grievances that shall be available for inspection and shall be |
| 230 | maintained for at least 2 years. Residents may provide verbal or |
| 231 | written grievances. |
| 232 | (2) The administrator of a facility shall ensure that a |
| 233 | written notice of the rights, obligations, and prohibitions set |
| 234 | forth in this part is posted in a prominent place in each |
| 235 | facility and read or explained to residents who cannot read. |
| 236 | This notice shall include the name, address, and telephone |
| 237 | numbers of the local ombudsman council and central abuse hotline |
| 238 | and, when applicable, the Advocacy Center for Persons with |
| 239 | Disabilities, Inc., and the Florida local advocacy council, |
| 240 | where complaints may be lodged. The licensee facility must |
| 241 | ensure a resident's access to a telephone to call the local |
| 242 | ombudsman council, central abuse hotline, Advocacy Center for |
| 243 | Persons with Disabilities, Inc., and the Florida local advocacy |
| 244 | council. |
| 245 | (3) |
| 246 | (b) In order to determine whether the licensee facility is |
| 247 | adequately protecting residents' rights, the biennial survey |
| 248 | shall include private informal conversations with a sample of |
| 249 | residents and consultation with the ombudsman council in the |
| 250 | planning and service area in which the facility is located to |
| 251 | discuss residents' experiences within the facility. |
| 252 | Section 6. Section 429.285, Florida Statutes, is created |
| 253 | to read: |
| 254 | 429.285 Resident relocation or termination of residency; |
| 255 | requirements and procedures.-- |
| 256 | (1) A facility licensed under this part must permit a |
| 257 | resident to remain in the facility. Relocation or termination of |
| 258 | residency of a resident may not occur unless: |
| 259 | (a) The relocation or termination of residency is |
| 260 | necessary for the resident's welfare and the resident's needs |
| 261 | cannot be met in the facility; |
| 262 | (b) The relocation or termination of residency is |
| 263 | appropriate because the resident's health has improved |
| 264 | sufficiently so that the resident no longer needs the services |
| 265 | provided by the facility; |
| 266 | (c) The health and safety of other residents or facility |
| 267 | employees would be endangered; |
| 268 | (d) The resident has failed, after at least 30 days' |
| 269 | notice, to provide payment for his or her stay in the facility; |
| 270 | (e) The facility ceases to operate; |
| 271 | (f) There is a documented pattern of harmful and offensive |
| 272 | behavior by the resident; or |
| 273 | (g) The contract provided for under s. 429.24(1) between |
| 274 | the licensee and the resident expires on its own terms. |
| 275 | (2) When a relocation or termination of residency is |
| 276 | initiated by the licensee, the administrator that is relocating |
| 277 | the resident or terminating residency, or an individual employed |
| 278 | by the facility who is designated by the administrator to act on |
| 279 | behalf of the administration, must sign the notice of relocation |
| 280 | or termination of residency. Any notice indicating a medical |
| 281 | reason for relocation or termination of residency must be signed |
| 282 | by the resident's physician or include an attached physician's |
| 283 | written order for the relocation or termination of residency. |
| 284 | (3) At least 45 days prior to a proposed relocation or |
| 285 | termination of residency, a licensee must provide by certified |
| 286 | mail advance written notice of the proposed relocation or |
| 287 | termination of residency to the resident and, if known, to a |
| 288 | family member or the resident's legal guardian or |
| 289 | representative. |
| 290 | (4) The notice must be in writing and contain all |
| 291 | information required by state and federal laws, rules, and |
| 292 | regulations. A copy of the notice must be placed in the |
| 293 | resident's file. The agency shall develop a standard form to be |
| 294 | used by all facilities licensed under this part for purposes of |
| 295 | notifying residents of a relocation or termination of residency. |
| 296 | In addition to any other pertinent information included, the |
| 297 | form shall: |
| 298 | (a) Specify the reason allowed under state law justifying |
| 299 | the relocation or termination of the residency, with an |
| 300 | explanation to support this action. |
| 301 | (b) State the effective date of the relocation or |
| 302 | termination of residency and the location to which the resident |
| 303 | is being relocated. |
| 304 | (c) Include the right and means to request the local long- |
| 305 | term care ombudsman council to review the notice of relocation |
| 306 | or termination of residency. |
| 307 | (5) A relocation or termination of residency notice |
| 308 | initiated by a licensee must be reported to the Office of State |
| 309 | Long-Term Care Ombudsman by mail, electronic mail, or facsimile |
| 310 | within 5 business days after a resident's receipt of a notice to |
| 311 | relocate or terminate residency. The Office of State Long-Term |
| 312 | Care Ombudsman shall compile and publish the information |
| 313 | collected from such notices in the annual report required by s. |
| 314 | 400.0065(2)(i). A resident may request that the local long-term |
| 315 | care ombudsman council review any notice of relocation or |
| 316 | termination of residency given to the resident. When requested |
| 317 | by a resident to review such notice, the local long-term care |
| 318 | ombudsman council shall do so within 5 business days after |
| 319 | receipt of the request. |
| 320 | (6) In the event of an emergency relocation or termination |
| 321 | of residency, as provided under s. 429.28(1)(k), notice shall be |
| 322 | provided to the resident, the resident's legal guardian or |
| 323 | representative, and the local long-term care ombudsman council |
| 324 | by telephone or in person. The written notice shall be given |
| 325 | before the relocation or termination of residency, if possible, |
| 326 | and no later than 5 business days after the relocation or |
| 327 | termination of residency. A local long-term care ombudsman |
| 328 | council conducting a review under this section shall do so |
| 329 | within 2 business days after receipt of the request. The |
| 330 | resident's file must include documentation indicating who was |
| 331 | contacted, whether the contact was by telephone or in person, |
| 332 | and the date and time of the contact. |
| 333 | (7) After receipt of a notice required under this section, |
| 334 | the local long-term care ombudsman council may request a private |
| 335 | informal conversation with a resident to whom the notice is |
| 336 | directed, and, if known, a family member or the resident's legal |
| 337 | guardian or representative, to ensure that the licensee is |
| 338 | proceeding with the relocation or termination of residency in |
| 339 | accordance with the requirements of this section. |
| 340 | (8) The agency may adopt rules pursuant to ss. 120.536(1) |
| 341 | and 120.54 to administer this section. |
| 342 | Section 7. Paragraphs (b) and (c) of subsection (3) of |
| 343 | section 429.07, Florida Statutes, are amended to read: |
| 344 | 429.07 License required; fee.-- |
| 345 | (3) In addition to the requirements of s. 408.806, each |
| 346 | license granted by the agency must state the type of care for |
| 347 | which the license is granted. Licenses shall be issued for one |
| 348 | or more of the following categories of care: standard, extended |
| 349 | congregate care, limited nursing services, or limited mental |
| 350 | health. |
| 351 | (b) An extended congregate care license shall be issued to |
| 352 | facilities providing, directly or through contract, services |
| 353 | beyond those authorized in paragraph (a), including acts |
| 354 | performed pursuant to part I of chapter 464 by persons licensed |
| 355 | thereunder, and supportive services defined by rule to persons |
| 356 | who otherwise would be disqualified from continued residence in |
| 357 | a facility licensed under this part. |
| 358 | 1. In order for extended congregate care services to be |
| 359 | provided in a facility licensed under this part, the agency must |
| 360 | first determine that all requirements established in law and |
| 361 | rule are met and must specifically designate, on the facility's |
| 362 | license, that such services may be provided and whether the |
| 363 | designation applies to all or part of a facility. Such |
| 364 | designation may be made at the time of initial licensure or |
| 365 | relicensure, or upon request in writing by a licensee under this |
| 366 | part and part II of chapter 408. Notification of approval or |
| 367 | denial of such request shall be made in accordance with part II |
| 368 | of chapter 408. Existing facilities qualifying to provide |
| 369 | extended congregate care services must have maintained a |
| 370 | standard license and may not have been subject to administrative |
| 371 | sanctions during the previous 2 years, or since initial |
| 372 | licensure if the facility has been licensed for less than 2 |
| 373 | years, for any of the following reasons: |
| 374 | a. A class I or class II violation; |
| 375 | b. Three or more repeat or recurring class III violations |
| 376 | of identical or similar resident care standards as specified in |
| 377 | rule from which a pattern of noncompliance is found by the |
| 378 | agency; |
| 379 | c. Three or more class III violations that were not |
| 380 | corrected in accordance with the corrective action plan approved |
| 381 | by the agency; |
| 382 | d. Violation of resident care standards resulting in a |
| 383 | requirement to employ the services of a consultant pharmacist or |
| 384 | consultant dietitian; |
| 385 | e. Denial, suspension, or revocation of a license for |
| 386 | another facility under this part in which the applicant for an |
| 387 | extended congregate care license has at least 25 percent |
| 388 | ownership interest; or |
| 389 | f. Imposition of a moratorium pursuant to this part or |
| 390 | part II of chapter 408 or initiation of injunctive proceedings. |
| 391 | 2. Facilities that are licensed to provide extended |
| 392 | congregate care services shall maintain a written progress |
| 393 | report on each person who receives such services, which report |
| 394 | describes the type, amount, duration, scope, and outcome of |
| 395 | services that are rendered and the general status of the |
| 396 | resident's health. A registered nurse, or appropriate designee, |
| 397 | representing the agency shall visit such facilities at least |
| 398 | quarterly to monitor residents who are receiving extended |
| 399 | congregate care services and to determine if the facility is in |
| 400 | compliance with this part, part II of chapter 408, and rules |
| 401 | that relate to extended congregate care. One of these visits may |
| 402 | be in conjunction with the regular survey. The monitoring visits |
| 403 | may be provided through contractual arrangements with |
| 404 | appropriate community agencies. A registered nurse shall serve |
| 405 | as part of the team that inspects such facility. The agency may |
| 406 | waive one of the required yearly monitoring visits for a |
| 407 | facility that has been licensed for at least 24 months to |
| 408 | provide extended congregate care services, if, during the |
| 409 | inspection, the registered nurse determines that extended |
| 410 | congregate care services are being provided appropriately, and |
| 411 | if the facility has no class I or class II violations and no |
| 412 | uncorrected class III violations. Before such decision is made, |
| 413 | the agency shall consult with the long-term care ombudsman |
| 414 | council for the area in which the facility is located to |
| 415 | determine if any complaints have been made and substantiated |
| 416 | about the quality of services or care. The agency may not waive |
| 417 | one of the required yearly monitoring visits if complaints have |
| 418 | been made and substantiated. |
| 419 | 3. Facilities that are licensed to provide extended |
| 420 | congregate care services shall: |
| 421 | a. Demonstrate the capability to meet unanticipated |
| 422 | resident service needs. |
| 423 | b. Offer a physical environment that promotes a homelike |
| 424 | setting, provides for resident privacy, promotes resident |
| 425 | independence, and allows sufficient congregate space as defined |
| 426 | by rule. |
| 427 | c. Have sufficient staff available, taking into account |
| 428 | the physical plant and firesafety features of the building, to |
| 429 | assist with the evacuation of residents in an emergency, as |
| 430 | necessary. |
| 431 | d. Adopt and follow policies and procedures that maximize |
| 432 | resident independence, dignity, choice, and decisionmaking to |
| 433 | permit residents to age in place to the extent possible, so that |
| 434 | moves due to changes in functional status are minimized or |
| 435 | avoided. |
| 436 | e. Allow residents or, if applicable, a resident's |
| 437 | representative, designee, surrogate, guardian, or attorney in |
| 438 | fact to make a variety of personal choices, participate in |
| 439 | developing service plans, and share responsibility in |
| 440 | decisionmaking. |
| 441 | f. Implement the concept of managed risk. |
| 442 | g. Provide, either directly or through contract, the |
| 443 | services of a person licensed pursuant to part I of chapter 464. |
| 444 | h. In addition to the training mandated in s. 429.52, |
| 445 | provide specialized training as defined by rule for facility |
| 446 | staff. |
| 447 | 4. Facilities licensed to provide extended congregate care |
| 448 | services are exempt from the criteria for continued residency as |
| 449 | set forth in rules adopted under s. 429.41. Facilities so |
| 450 | licensed shall adopt their own requirements within guidelines |
| 451 | for continued residency set forth by rule. However, such |
| 452 | facilities may not serve residents who require 24-hour nursing |
| 453 | supervision. Facilities licensed to provide extended congregate |
| 454 | care services shall provide each resident with a written copy of |
| 455 | facility policies governing admission and retention. |
| 456 | 5. The primary purpose of extended congregate care |
| 457 | services is to allow residents, as they become more impaired, |
| 458 | the option of remaining in a familiar setting from which they |
| 459 | would otherwise be disqualified for continued residency. A |
| 460 | facility licensed to provide extended congregate care services |
| 461 | may also admit an individual who exceeds the admission criteria |
| 462 | for a facility with a standard license, if the individual is |
| 463 | determined appropriate for admission to the extended congregate |
| 464 | care facility. |
| 465 | 6. Before admission of an individual to a facility |
| 466 | licensed to provide extended congregate care services, the |
| 467 | individual must undergo a medical examination as provided in s. |
| 468 | 429.26(4) and the facility must develop a preliminary service |
| 469 | plan for the individual. |
| 470 | 7. When a facility can no longer provide or arrange for |
| 471 | services in accordance with the resident's service plan and |
| 472 | needs and the facility's policy, the facility shall make |
| 473 | arrangements for relocating the person in accordance with s. |
| 474 | 429.285 429.28(1)(k). |
| 475 | 8. Failure to provide extended congregate care services |
| 476 | may result in denial of extended congregate care license |
| 477 | renewal. |
| 478 | 9. No later than January 1 of each year, the department, |
| 479 | in consultation with the agency, shall prepare and submit to the |
| 480 | Governor, the President of the Senate, the Speaker of the House |
| 481 | of Representatives, and the chairs of appropriate legislative |
| 482 | committees, a report on the status of, and recommendations |
| 483 | related to, extended congregate care services. The status report |
| 484 | must include, but need not be limited to, the following |
| 485 | information: |
| 486 | a. A description of the facilities licensed to provide |
| 487 | such services, including total number of beds licensed under |
| 488 | this part. |
| 489 | b. The number and characteristics of residents receiving |
| 490 | such services. |
| 491 | c. The types of services rendered that could not be |
| 492 | provided through a standard license. |
| 493 | d. An analysis of deficiencies cited during licensure |
| 494 | inspections. |
| 495 | e. The number of residents who required extended |
| 496 | congregate care services at admission and the source of |
| 497 | admission. |
| 498 | f. Recommendations for statutory or regulatory changes. |
| 499 | g. The availability of extended congregate care to state |
| 500 | clients residing in facilities licensed under this part and in |
| 501 | need of additional services, and recommendations for |
| 502 | appropriations to subsidize extended congregate care services |
| 503 | for such persons. |
| 504 | h. Such other information as the department considers |
| 505 | appropriate. |
| 506 | (c) A limited nursing services license shall be issued to |
| 507 | a facility that provides services beyond those authorized in |
| 508 | paragraph (a) and as specified in this paragraph. |
| 509 | 1. In order for limited nursing services to be provided in |
| 510 | a facility licensed under this part, the agency must first |
| 511 | determine that all requirements established in law and rule are |
| 512 | met and must specifically designate, on the facility's license, |
| 513 | that such services may be provided. Such designation may be made |
| 514 | at the time of initial licensure or relicensure, or upon request |
| 515 | in writing by a licensee under this part and part II of chapter |
| 516 | 408. Notification of approval or denial of such request shall be |
| 517 | made in accordance with part II of chapter 408. Existing |
| 518 | facilities qualifying to provide limited nursing services shall |
| 519 | have maintained a standard license and may not have been subject |
| 520 | to administrative sanctions that affect the health, safety, and |
| 521 | welfare of residents for the previous 2 years or since initial |
| 522 | licensure if the facility has been licensed for less than 2 |
| 523 | years. |
| 524 | 2. Facilities that are licensed to provide limited nursing |
| 525 | services shall maintain a written progress report on each person |
| 526 | who receives such nursing services, which report describes the |
| 527 | type, amount, duration, scope, and outcome of services that are |
| 528 | rendered and the general status of the resident's health. A |
| 529 | registered nurse representing the agency shall visit such |
| 530 | facilities at least twice a year to monitor residents who are |
| 531 | receiving limited nursing services and to determine if the |
| 532 | facility is in compliance with applicable provisions of this |
| 533 | part, part II of chapter 408, and related rules. The monitoring |
| 534 | visits may be provided through contractual arrangements with |
| 535 | appropriate community agencies. A registered nurse shall also |
| 536 | serve as part of the team that inspects such facility. |
| 537 | 3. A person who receives limited nursing services under |
| 538 | this part must meet the admission criteria established by the |
| 539 | agency for assisted living facilities. When a resident no longer |
| 540 | meets the admission criteria for a facility licensed under this |
| 541 | part, arrangements for relocating the person shall be made in |
| 542 | accordance with s. 429.285 429.28(1)(k), unless the facility is |
| 543 | licensed to provide extended congregate care services. |
| 544 | Section 8. Subsection (1) of section 429.31, Florida |
| 545 | Statutes, is amended to read: |
| 546 | 429.31 Closing of facility; notice; penalty.-- |
| 547 | (1) In addition to the requirements of part II of chapter |
| 548 | 408, the facility shall inform each resident or the next of kin, |
| 549 | legal representative, or agency acting on each resident's |
| 550 | behalf, of the fact and the proposed time of discontinuance of |
| 551 | operation, following the notification requirements provided in |
| 552 | s. 429.285 429.28(1)(k). In the event a resident has no person |
| 553 | to represent him or her, the facility shall be responsible for |
| 554 | referral to an appropriate social service agency for placement. |
| 555 | Section 9. This act shall take effect October 1, 2008. |