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Senator Hill moved the following substitute for amendment

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(806500) to amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 5-521

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and insert:

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     Section 1.  Subsection (4) of section 322.142, Florida

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Statutes, is amended to read:

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     322.142  Color photographic or digital imaged licenses.--

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     (4)  The department may maintain a film negative or print

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file. The department shall maintain a record of the digital image

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and signature of the licensees, together with other data required

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by the department for identification and retrieval. Reproductions

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from the file or digital record are exempt from the provisions of

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s. 119.07(1) and shall be made and issued only for departmental

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administrative purposes; for the issuance of duplicate licenses;

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in response to law enforcement agency requests; to the Department

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of State pursuant to an interagency agreement to facilitate

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determinations of eligibility of voter registration applicants

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and registered voters in accordance with ss. 98.045 and 98.075;

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to the Department of Revenue pursuant to an interagency agreement

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for use in establishing paternity and establishing, modifying, or

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enforcing support obligations in Title IV-D cases; to the

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Department of Children and Family Services pursuant to an

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interagency agreement to conduct protective investigations under

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chapter 415; or to the Department of Financial Services pursuant

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to an interagency agreement to facilitate the location of owners

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of unclaimed property, the validation of unclaimed property

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claims, and the identification of fraudulent or false claims, and

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are exempt from the provisions of s. 119.07(1).

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     Section 2.  Effective April 1, 2009, paragraph (g) is added

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to subsection (15) and subsection (25) is added to section

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400.141, Florida Statutes, to read:

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     400.141  Administration and management of nursing home

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facilities.--Every licensed facility shall comply with all

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applicable standards and rules of the agency and shall:

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     (15)  Submit semiannually to the agency, or more frequently

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if requested by the agency, information regarding facility staff-

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to-resident ratios, staff turnover, and staff stability,

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including information regarding certified nursing assistants,

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licensed nurses, the director of nursing, and the facility

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administrator. For purposes of this reporting:

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     (g) The agency shall impose sanctions against a nursing

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home for failure to meet the staffing ratios in s. 400.23(3) and

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for failure to impose a moratorium on new admissions pursuant to

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this section.

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Nothing in this section shall limit the agency's ability to

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impose a deficiency or take other actions if a facility does not

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have enough staff to meet the residents' needs.

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     (25) Conduct a search of the Department of Law

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Enforcement's sexual offender database for each prospective

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resident before admission or immediately after admission. A

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facility must maintain verification that all residents have been

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screened. The information obtained may be used by the facility to

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assess the needs of the resident and to provide adequate and

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appropriate health care and protective and support services in

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accordance with this part. The information obtained may be

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disclosed to other residents. The facility does not have to

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rescreen a resident who is away from a facility for no more than

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45 days.

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Facilities that have been awarded a Gold Seal under the program

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established in s. 400.235 may develop a plan to provide certified

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nursing assistant training as prescribed by federal regulations

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and state rules and may apply to the agency for approval of their

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program.

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     Section 3.  Subsection (3) of section 400.19, Florida

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Statutes, is amended to read:

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     400.19  Right of entry and inspection.--

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     (3)  The agency shall every 15 months conduct at least one

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unannounced inspection to determine compliance by the licensee

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with statutes, and related with rules promulgated under the

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provisions of those statutes, governing minimum standards of

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construction, quality and adequacy of care, and rights of

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residents. The survey shall be conducted every 6 months for the

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next 2-year period if the facility has been cited for a class I

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deficiency, has been cited for two or more class II deficiencies

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arising from separate surveys or investigations within a 60-day

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period, or has had three or more substantiated complaints within

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a 6-month period, each resulting in at least one class I or class

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II deficiency. In addition to any other fees or fines in this

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part, the agency shall assess a fine for each facility that is

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subject to the 6-month survey cycle. The fine for the 2-year

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period shall be $6,000, one-half to be paid at the completion of

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each survey. The agency may adjust this fine by the change in the

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Consumer Price Index, based on the 12 months immediately

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preceding the change increase, to cover the cost of the

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additional surveys. The agency shall verify through subsequent

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inspection that any deficiency identified during inspection is

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corrected. However, the agency may verify the correction of a

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class III or class IV deficiency unrelated to resident rights or

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resident care without reinspecting the facility if adequate

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written documentation has been received from the facility, which

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provides assurance that the deficiency has been corrected. The

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giving or causing to be given of advance notice of such

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unannounced inspections by an employee of the agency to any

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unauthorized person shall constitute cause for suspension of not

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fewer than 5 working days according to the provisions of chapter

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110.

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     Section 4.  Effective April 1, 2009, section 400.215,

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Florida Statutes, is amended to read:

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     400.215 Background Personnel screening requirement.--

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     (1) The agency shall require Background screening as

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provided in chapter 435 is required for all nursing home facility

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employees or prospective employees of facilities licensed under

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this part who are expected to, or whose responsibilities may

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require them to:

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     (a)  Provide personal care or services to residents;

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     (b)  Have access to resident living areas; or

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     (c)  Have access to resident funds or other personal

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property.

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     (2) Background screening as provided in chapter 435 is

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required for all nursing home facility contracted workers who are

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expected to, or whose responsibilities may require them to,

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provide personal care or services to residents. The facility

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shall maintain verification that such contracted workers have

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been screened pursuant to this section. The facility may either

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obtain a copy of the qualifying screening results from the entity

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or receive an affidavit from the entity which specifies that a

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background screen has been performed on all contracted workers

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sent to the facility. Contracted workers who do not provide

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personal care or services to residents are not required to be

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screened pursuant to this section but must sign in at the

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reception desk or nurses' station upon entering the facility,

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wear an identification badge while on the premises, and sign out

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before leaving the facility. The nursing facility shall maintain

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a log containing the information collected.

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     (3)(2) Employers, and employees, contractors, and

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contracted workers shall comply with the requirements of s.

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435.05.

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     (a) Notwithstanding the provisions of s. 435.05(1),

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facilities must have in their possession evidence that level 1

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screening under s. 435.03 has been completed before allowing an

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employee or contracted worker to begin employment in the facility

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working with patients as provided in subsection (1). All

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information necessary for conducting level 1 background screening

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using level 1 standards as specified in s. 435.03 shall be

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submitted by the nursing facility to the agency. Results of the

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background screening shall be provided by the agency to the

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requesting nursing facility.

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     (b) Employees and contracted workers qualified under the

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provisions of paragraph (a) who have not maintained continuous

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residency within the state for the 5 years immediately preceding

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the date of request for background screening must complete level

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2 screening, as provided in s. 435.04 chapter 435. Such Employees

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may work in a conditional status for up to 180 days pending the

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receipt of written findings evidencing the completion of level 2

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screening. Contracted workers who are awaiting the completion of

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level 2 screening may work only under the direct and visual

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supervision of persons who have met the screening requirements of

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this section. Level 2 screening is shall not be required for of

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employees, or prospective employees, or contracted workers who

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attest in writing under penalty of perjury that they meet the

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residency requirement. To complete Completion of level 2

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screening: shall require

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     1. The employee or contracted worker shall prospective

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employee to furnish to the nursing facility a full set of

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fingerprints for conducting a federal criminal records check to

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enable a criminal background investigation to be conducted.

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     2. The nursing facility shall submit the completed

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fingerprint card to the agency.

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     3. The agency shall establish a record of the request in

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the database provided for in paragraph (c) and forward the

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request to the Department of Law Enforcement, which is authorized

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to submit the fingerprints to the Federal Bureau of Investigation

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for a national criminal history records check.

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     4. The results of the national criminal history records

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check shall be returned to the agency, which shall maintain the

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results in the database provided for in paragraph (c).

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     5. The agency shall notify the administrator of the

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requesting nursing facility or the administrator of any other

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requesting facility licensed under chapter 393, chapter 394,

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chapter 395, chapter 397, chapter 429, or this chapter, as

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requested by such facility, as to whether or not the employee has

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qualified under level 1 or level 2 screening.

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An employee or contracted worker prospective employee who has

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qualified under level 2 screening and has maintained such

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continuous residency within the state is shall not be required to

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complete a subsequent level 2 screening as a condition of

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employment at another facility.

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     (c) The agency shall establish and maintain a database that

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includes of background screening information which shall include

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the results of all both level 1 and level 2 screening. The

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Department of Law Enforcement shall timely provide to the agency,

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electronically, the results of each statewide screening for

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incorporation into the database. The agency shall, upon request

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from any facility, agency, or program required by or authorized

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by law to screen its employees or contracted workers applicants,

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notify the administrator of the facility, agency, or program of

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the qualifying or disqualifying status of the person employee or

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applicant named in the request.

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     (d) Applicants and Employees, prospective employees, and

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contracted workers shall be excluded from employment pursuant to

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s. 435.06, and may not be employed or resume employment until

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exempted or all appeals have been resolved in favor of the person

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screened. However, an employee of a nursing facility, employed

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prior to October 1, 1998, who is determined to have a

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disqualifying offense occurring after October 1, 1998, may

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continue employment pending the outcome of an exemption request

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if such request is made within 30 days of receipt of the results

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of the background screening. An employee of a nursing facility,

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employed before October 1, 1998, who is determined to have a

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disqualifying offense before October 1, 1998, but does not have a

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disqualifying offense after that date, is not required to submit

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an exemption request pursuant to s. 435.07 and may continue his

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or her employment.

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Notwithstanding chapter 435, the agency may not provide to the

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employer the results of background screening for offenses

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occurring prior to October 1, 1998, for persons employed before

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October 1, 1998, except for an absolute disqualifying offense.

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For the purposes of this section, the term "absolute

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disqualifying offense" means a felony offense pursuant to s.

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787.01(3)(a); s. 787.02(3)(a); s. 787.025, s. 796.03; s. 796.035;

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s. 800.04, except for crimes identified in ss. 800.04(7)(c) and

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(d); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135(2) and

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(3); s. 847.0137(2) and (3); and s. 847.0138(2) and (3); s.

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847.0145; s. 796.045; or chapter 794. Notwithstanding s. 435.07,

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a person who has been convicted of, or entered a plea of guilty

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or nolo contendere, regardless of adjudication, to an absolute

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disqualifying offense may not be granted an exemption from

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disqualification from employment. Neither the agency nor an

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employer is required to rescreen or reevaluate qualifications for

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employment of a person who was screened by that employer and

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continuously employed before April 1, 2009.

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     (4)(3) The person being screened applicant is responsible

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for paying the fees associated with obtaining the required

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screening. Payment for the screening shall be submitted to the

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agency. The agency shall establish a schedule of fees to cover

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the costs of level 1 and level 2 screening. Facilities may pay

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reimburse employees for these costs. The Department of Law

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Enforcement shall charge the agency for a level 1 or level 2

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screening a rate sufficient to cover the costs of such screening

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pursuant to s. 943.053(3). The agency shall, as allowable,

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reimburse nursing facilities for the cost of conducting

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background screening as required by this section. This

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reimbursement is will not be subject to any rate ceilings or

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payment targets in the Medicaid Reimbursement plan.

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     (5)(4)(a) As provided in s. 435.07:,

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     (a) The agency may grant an exemption from disqualification

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to an employee, or prospective employee, or contracted worker who

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is subject to this section and who has not received a

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professional license or certification from the Department of

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Health.

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     (b) As provided in s. 435.07, The appropriate regulatory

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board within the Department of Health, or that department itself

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when there is no board, may grant an exemption from

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disqualification to an employee, or prospective employee, or

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contracted worker who is subject to this section and who has

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received a professional license or certification from the

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Department of Health or a regulatory board within that

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department.

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     (6)(5) Any provision of law to the contrary

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notwithstanding, Persons who have been screened and qualified as

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required by this section, and who have not been unemployed for

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more than 180 days thereafter, and who, under penalty of perjury,

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attest to not having been convicted of a disqualifying offense

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since the completion of such screening are, shall not be required

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to be rescreened. An employer may obtain, pursuant to s. 435.10,

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written verification of qualifying screening results from the

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previous employer, contractor, or other entity that which caused

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the such screening to be performed.

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     (7)(6) The agency and the Department of Health may shall

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have authority to adopt rules to administer pursuant to the

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Administrative Procedure Act to implement this section.

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     (7) All employees shall comply with the requirements of

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this section by October 1, 1998. No current employee of a nursing

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facility as of the effective date of this act shall be required

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to submit to rescreening if the nursing facility has in its

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possession written evidence that the person has been screened and

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qualified according to level 1 standards as specified in s.

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435.03(1). Any current employee who meets the level 1 requirement

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but does not meet the 5-year residency requirement as specified

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in this section must provide to the employing nursing facility

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written attestation under penalty of perjury that the employee

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has not been convicted of a disqualifying offense in another

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state or jurisdiction. All applicants hired on or after October

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1, 1998, shall comply with the requirements of this section.

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     (8)  There is no monetary or unemployment liability on the

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part of, and a no cause of action for damages does not arise

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arising against, an employer that, upon notice of a disqualifying

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offense listed under chapter 435 or an act of domestic violence,

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terminates the employee against whom the report was issued,

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whether or not the employee has filed for an exemption with the

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Department of Health or the agency for Health Care

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Administration.

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     Section 5.  Subsection (6) is added to section 408.809,

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Florida Statutes, to read:

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     408.809  Background screening; prohibited offenses.--

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     (6) The agency shall establish a schedule of fees to cover

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the costs of any level 1 or level 2 screening required pursuant

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to this part or other authorizing statutes and may adopt rules to

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carry out these screenings and for the schedule of fees.

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     Section 6.  Subsection (5) of section 408.810, Florida

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Statutes, is amended to read:

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     408.810  Minimum licensure requirements.--In addition to the

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licensure requirements specified in this part, authorizing

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statutes, and applicable rules, each applicant and licensee must

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comply with the requirements of this section in order to obtain

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and maintain a license.

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     (5) Each licensee must:

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     (a)  On or before the first day services are provided to a

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client, a licensee must inform the client and his or her

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immediate family or representative, if appropriate, of the right

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to report:

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     1.  Complaints. The statewide toll-free telephone number for

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reporting complaints to the agency must be provided to clients in

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a manner that is clearly legible and must include the words: "To

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report a complaint regarding the services you receive, please

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call toll-free (phone number)."

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     2.  Abusive, neglectful, or exploitative practices. The

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statewide toll-free telephone number for the central abuse

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hotline must be provided to clients in a manner that is clearly

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legible and must include the words: "To report abuse, neglect, or

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exploitation, please call toll-free (phone number)." The agency

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shall publish a minimum of a 90-day advance notice of a change in

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the toll-free telephone numbers.

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     (b) Each licensee shall Establish appropriate policies and

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procedures for providing such notice to clients.

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     (c) Publicly display a poster approved by the agency

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containing the names, addresses, and telephone numbers for the

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state's central abuse hotline, the State Long-Term Care

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Ombudsman, the agency's consumer hotline, the Advocacy Center for

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Persons with Disabilities, the Florida Statewide Advocacy

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Council, and the Medicaid Fraud Control Unit, along with a clear

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description of the assistance to be expected from each. The

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Statewide Public Guardianship Office and its website shall also

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be listed. The agency shall make the poster available on the

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Internet. Providers may download the poster, at no charge, from

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the agency's website.

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     Section 7.  Section 408.811, Florida Statutes, is amended to

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read:

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     408.811  Right of inspection; copies; inspection reports.--

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     (1)  An authorized officer or employee of the agency may

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make or cause to be made any inspection or investigation deemed

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necessary by the agency to determine the state of compliance with

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this part, authorizing statutes, and applicable rules. The right

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of inspection extends to any business that the agency has reason

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to believe is being operated as a provider without a license, but

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inspection of any business suspected of being operated without

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the appropriate license may not be made without the permission of

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the owner or person in charge unless a warrant is first obtained

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from a circuit court. Any application for a license issued under

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this part, authorizing statutes, or applicable rules constitutes

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permission for an appropriate inspection to verify the

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information submitted on or in connection with the application.

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     (a)  All inspections shall be unannounced, except as

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specified in s. 408.806. The giving or causing to be given of

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advance notice of the unannounced inspection by an agency

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employee to any unauthorized person shall, in accordance with

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chapter 110, constitute cause for suspension of the employee for

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at least 5 working days.

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     (b)  Inspections for relicensure shall be conducted

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biennially unless otherwise specified by authorizing statutes or

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applicable rules.

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     (c) Deficiencies found during an inspection or

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investigation must be corrected within 30 days unless an

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alternative timeframe is required or approved by the agency.

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     (d) The agency may require an applicant or licensee to

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submit a plan of correction for deficiencies. If required, the

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plan of correction must be filed with the agency within 10 days

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unless an alternative timeframe is required.

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     (2)  Inspections conducted in conjunction with certification

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may be accepted in lieu of a complete licensure inspection.

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However, a licensure inspection may also be conducted to review

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any licensure requirements that are not also requirements for

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certification.

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     (3)  The agency shall have access to and the licensee shall

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provide copies of all provider records required during an

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inspection at no cost to the agency.

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     (4)(a)  Each licensee shall maintain as public information,

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available upon request, records of all inspection reports

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pertaining to that provider that have been filed by the agency

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unless those reports are exempt from or contain information that

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is exempt from s. 119.07(1) and s. 24(a), Art. I of the State

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Constitution or is otherwise made confidential by law. Effective

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October 1, 2006, copies of such reports shall be retained in the

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records of the provider for at least 3 years following the date

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the reports are filed and issued, regardless of a change of

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ownership.

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     (b)  A licensee shall, upon the request of any person who

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has completed a written application with intent to be admitted by

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such provider, any person who is a client of such provider, or

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any relative, spouse, or guardian of any such person, furnish to

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the requester a copy of the last inspection report pertaining to

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the licensed provider that was issued by the agency or by an

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accrediting organization if such report is used in lieu of a

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licensure inspection.

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     (c) As an alternative to sending reports required by this

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part or authorizing statutes, the agency may provide electronic

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access to information or documents.

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     Section 8.  Subsection (2) of section 415.103, Florida

396

Statutes, is amended to read:

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     415.103  Central abuse hotline.--

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     (2)  Upon receiving an oral or written report of known or

399

suspected abuse, neglect, or exploitation of a vulnerable adult,

400

the central abuse hotline shall must determine if the report

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requires an immediate onsite protective investigation.

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     (a) For reports requiring an immediate onsite protective

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investigation, the central abuse hotline must immediately notify

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the department's designated protective investigative district

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staff responsible for protective investigations to ensure prompt

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initiation of an onsite investigation.

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     (b) For reports not requiring an immediate onsite

408

protective investigation, the central abuse hotline must notify

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the department's designated protective investigative district

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staff responsible for protective investigations in sufficient

411

time to allow for an investigation to be commenced within 24

412

hours. At the time of notification of district staff with respect

413

to the report, the central abuse hotline must also provide any

414

known information on any previous reports report concerning the a

415

subject of the present report or any pertinent information

416

relative to the present report or any noted earlier reports.

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     (c) If the report is of known or suspected abuse of a

418

vulnerable adult by someone other than a relative, caregiver, or

419

household member, the call shall be immediately transferred to

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the appropriate county sheriff's office.

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     Section 9.  Paragraph (e) of subsection (1) and paragraph

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(g) of subsection (2) of section 415.1051, Florida Statutes, are

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amended to read:

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     415.1051  Protective services interventions when capacity to

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consent is lacking; nonemergencies; emergencies; orders;

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limitations.--

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     (1)  NONEMERGENCY PROTECTIVE SERVICES INTERVENTIONS.--If the

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department has reasonable cause to believe that a vulnerable

429

adult or a vulnerable adult in need of services is being abused,

430

neglected, or exploited and is in need of protective services but

431

lacks the capacity to consent to protective services, the

432

department shall petition the court for an order authorizing the

433

provision of protective services.

434

     (e)  Continued protective services.--

435

     1. Within No more than 60 days after the date of the order

436

authorizing the provision of protective services, the department

437

shall petition the court to determine whether:

438

     a. Protective services are to will be continued with the

439

consent of the vulnerable adult pursuant to this subsection;

440

     b. Protective services are to will be continued for the

441

vulnerable adult who lacks capacity;

442

     c. Protective services are to will be discontinued; or

443

     d. A petition for guardianship shall should be filed

444

pursuant to chapter 744.

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     2.  If the court determines that a petition for guardianship

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shall should be filed pursuant to chapter 744, the court, for

447

good cause shown, may order continued protective services until

448

it makes a determination regarding capacity.

449

     3. If the department has a good faith belief that the

450

vulnerable adult lacks capacity, the petition to determine

451

incapacity under s. 744.3201 may be filed by the department. Once

452

the petition is filed, the department may not be appointed

453

guardian and may not provide legal counsel for the guardian.

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     (2)  EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the

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department has reasonable cause to believe that a vulnerable

456

adult is suffering from abuse or neglect that presents a risk of

457

death or serious physical injury to the vulnerable adult and that

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the vulnerable adult lacks the capacity to consent to emergency

459

protective services, the department may take action under this

460

subsection. If the vulnerable adult has the capacity to consent

461

and refuses consent to emergency protective services, emergency

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protective services may not be provided.

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     (g)  Continued emergency protective services.--

464

     1. Within Not more than 60 days after the date of the order

465

authorizing the provision of emergency protective services, the

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department shall petition the court to determine whether:

467

     a. Emergency protective services are to will be continued

468

with the consent of the vulnerable adult;

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     b. Emergency protective services are to will be continued

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for the vulnerable adult who lacks capacity;

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     c. Emergency protective services are to will be

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discontinued; or

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     d. A petition shall should be filed under chapter 744.

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     2.  If it is decided to file a petition under chapter 744,

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for good cause shown, the court may order continued emergency

476

protective services until a determination is made by the court.

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     3. If the department has a good faith belief that the

478

vulnerable adult lacks capacity, the petition to determine

479

incapacity under s. 744.3201 may be filed by the department. Once

480

the petition is filed, the department may not be appointed

481

guardian and may not provide legal counsel for the guardian.

482

     Section 10.  Section 415.112, Florida Statutes, is amended

483

to read:

484

     415.112 Rules for implementation of ss. 415.101-

485

415.113.--The department shall adopt promulgate rules to

486

administer this chapter including, but not limited to: for the

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implementation of ss. 415.101-415.113.

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     (1) Background screening of department employees and

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employee applicants which includes a criminal records check and

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drug testing of adult protective investigators and adult

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protective investigator supervisors.

492

     (2) The reporting of adult abuse, neglect, exploitation, a

493

vulnerable adult in need of services, false reporting, and adult

494

protective investigations.

495

     (3) Confidentiality and retention of department records,

496

access to records, and record requests.

497

     (4) Injunctions and other protective orders.

498

     (5) The provision of emergency and nonemergency protective

499

services intervention.

500

     (6) Agreements with law enforcement and other state

501

agencies.

502

     (7) Legal and casework procedures, including, but not

503

limited to, diligent search, petitions, emergency removals,

504

capacity to consent, and adult protection teams.

505

     (8) The legal and casework management of cases involving

506

protective supervision, protective orders, judicial reviews,

507

administrative reviews, case plans, and documentation

508

requirements.

509

     Section 11.  Paragraphs (b) and (c) of subsection (3) of

510

section 429.07, Florida Statutes, are amended to read:

511

     429.07  License required; fee.--

512

     (3)  In addition to the requirements of s. 408.806, each

513

license granted by the agency must state the type of care for

514

which the license is granted. Licenses shall be issued for one or

515

more of the following categories of care: standard, extended

516

congregate care, limited nursing services, or limited mental

517

health.

518

     (b)  An extended congregate care license shall be issued to

519

facilities providing, directly or through contract, services

520

beyond those authorized in paragraph (a), including services

521

performed by persons licensed under acts performed pursuant to

522

part I of chapter 464 by persons licensed thereunder, and

523

supportive services, as defined by rule, to persons who would

524

otherwise would be disqualified from continued residence in a

525

facility licensed under this part.

526

     1. To obtain an In order for extended congregate care

527

license services to be provided in a facility licensed under this

528

part, the agency must first determine that all requirements

529

established in law and rule are met and must specifically

530

designate, on the facility's license, that such services may be

531

provided and whether the designation applies to all or part of

532

the a facility. Such designation may be made at the time of

533

initial licensure or relicensure, or upon request in writing by a

534

licensee under this part and part II of chapter 408. Notification

535

of approval or denial of the such request shall be made in

536

accordance with part II of chapter 408. Existing

537

     2. Facilities applying for, and facilities currently

538

licensed qualifying to provide, extended congregate care services

539

must have maintained a standard license and may not have been

540

subject to administrative sanctions during the previous 2 years,

541

or since initial licensure if the facility has been licensed for

542

less than 2 years, for any of the following reasons:

543

     a.  A class I or class II violation;

544

     b.  Three or more repeat or recurring class III violations

545

of identical or similar resident care standards as specified in

546

rule from which a pattern of noncompliance is found by the

547

agency;

548

     c.  Three or more class III violations that were not

549

corrected in accordance with the corrective action plan approved

550

by the agency;

551

     d. Violation of resident care standards which result in

552

requiring the facility resulting in a requirement to employ the

553

services of a consultant pharmacist or consultant dietitian;

554

     e.  Denial, suspension, or revocation of a license for

555

another facility licensed under this part in which the applicant

556

for an extended congregate care license has at least 25 percent

557

ownership interest; or

558

     f.  Imposition of a moratorium pursuant to this part or part

559

II of chapter 408 or initiation of injunctive proceedings.

560

     3.2. A facility that is Facilities that are licensed to

561

provide extended congregate care services must shall maintain a

562

written progress report on each person who receives such

563

services, which report describes the type, amount, duration,

564

scope, and outcome of services that are rendered and the general

565

status of the resident's health. A registered nurse, or

566

appropriate designee, representing the agency shall visit the

567

facility such facilities at least quarterly to monitor residents

568

who are receiving extended congregate care services and to

569

determine if the facility is in compliance with this part, part

570

II of chapter 408, and rules that relate to extended congregate

571

care. One of these visits may be in conjunction with the regular

572

survey. The monitoring visits may be provided through contractual

573

arrangements with appropriate community agencies. A registered

574

nurse shall serve as part of the team that inspects the such

575

facility. The agency may waive one of the required yearly

576

monitoring visits for a facility that has been licensed for at

577

least 24 months to provide extended congregate care services, if,

578

during the inspection, the registered nurse determines that

579

extended congregate care services are being provided

580

appropriately, and if the facility has no class I or class II

581

violations and no uncorrected class III violations. Before such

582

decision is made, The agency must first shall consult with the

583

long-term care ombudsman council for the area in which the

584

facility is located to determine if any complaints have been made

585

and substantiated about the quality of services or care. The

586

agency may not waive one of the required yearly monitoring visits

587

if complaints have been made and substantiated.

588

     4.3. Facilities that are licensed to provide extended

589

congregate care services must shall:

590

     a.  Demonstrate the capability to meet unanticipated

591

resident service needs.

592

     b.  Offer a physical environment that promotes a homelike

593

setting, provides for resident privacy, promotes resident

594

independence, and allows sufficient congregate space as defined

595

by rule.

596

     c.  Have sufficient staff available, taking into account the

597

physical plant and firesafety features of the building, to assist

598

with the evacuation of residents in an emergency, as necessary.

599

     d.  Adopt and follow policies and procedures that maximize

600

resident independence, dignity, choice, and decisionmaking to

601

permit residents to age in place to the extent possible, so that

602

moves due to changes in functional status are minimized or

603

avoided.

604

     e.  Allow residents or, if applicable, a resident's

605

representative, designee, surrogate, guardian, or attorney in

606

fact to make a variety of personal choices, participate in

607

developing service plans, and share responsibility in

608

decisionmaking.

609

     f.  Implement the concept of managed risk.

610

     g. Provide, either directly or through contract, the

611

services of a person licensed pursuant to part I of chapter 464.

612

     h.  In addition to the training mandated in s. 429.52,

613

provide specialized training as defined by rule for facility

614

staff.

615

     5.4. Facilities licensed to provide extended congregate

616

care services are exempt from the criteria for continued

617

residency as set forth in rules adopted under s. 429.41.

618

Facilities so licensed must shall adopt their own requirements

619

within guidelines for continued residency set forth by rule.

620

However, such facilities may not serve residents who require 24-

621

hour nursing supervision. Facilities licensed to provide extended

622

congregate care services must shall provide each resident with a

623

written copy of facility policies governing admission and

624

retention.

625

     6.5. The primary purpose of extended congregate care

626

services is to allow residents, as they become more impaired, the

627

option of remaining in a familiar setting from which they would

628

otherwise be disqualified for continued residency. A facility

629

licensed to provide extended congregate care services may also

630

admit an individual who exceeds the admission criteria for a

631

facility with a standard license, if the individual is determined

632

appropriate for admission to the extended congregate care

633

facility.

634

     7.6. Before admission of an individual to a facility

635

licensed to provide extended congregate care services, the

636

individual must undergo a medical examination as provided in s.

637

429.26(4) and the facility must develop a preliminary service

638

plan for the individual as provided in s. 429.26.

639

     8.7. When a facility can no longer provide or arrange for

640

services in accordance with the resident's service plan and needs

641

and the facility's policy, the facility shall make arrangements

642

for relocating the person in accordance with s. 429.28(1)(k).

643

     9.8. Failure to provide extended congregate care services

644

may result in denial of extended congregate care license renewal.

645

     9. No later than January 1 of each year, the department, in

646

consultation with the agency, shall prepare and submit to the

647

Governor, the President of the Senate, the Speaker of the House

648

of Representatives, and the chairs of appropriate legislative

649

committees, a report on the status of, and recommendations

650

related to, extended congregate care services. The status report

651

must include, but need not be limited to, the following

652

information:

653

     a. A description of the facilities licensed to provide such

654

services, including total number of beds licensed under this

655

part.

656

     b. The number and characteristics of residents receiving

657

such services.

658

     c. The types of services rendered that could not be

659

provided through a standard license.

660

     d. An analysis of deficiencies cited during licensure

661

inspections.

662

     e. The number of residents who required extended congregate

663

care services at admission and the source of admission.

664

     f. Recommendations for statutory or regulatory changes.

665

     g. The availability of extended congregate care to state

666

clients residing in facilities licensed under this part and in

667

need of additional services, and recommendations for

668

appropriations to subsidize extended congregate care services for

669

such persons.

670

     h. Such other information as the department considers

671

appropriate.

672

     (c)  A limited nursing services license shall be issued to a

673

facility that provides services beyond those authorized in

674

paragraph (a) and as specified in this paragraph.

675

     1. To obtain a In order for limited nursing services

676

license to be provided in a facility licensed under this part,

677

the agency must first determine that all requirements established

678

in law and rule are met and must specifically designate, on the

679

facility's license, that such services may be provided. Such

680

designation may be made at the time of initial licensure or

681

relicensure, or upon request in writing by a licensee under this

682

part and part II of chapter 408. Notification of approval or

683

denial of such request shall be made in accordance with part II

684

of chapter 408. Existing

685

     2. Facilities applying for, and facilities currently

686

licensed qualifying to provide, limited nursing services must

687

shall have maintained a standard license and may not have been

688

subject to administrative sanctions that affect the health,

689

safety, and welfare of residents for the previous 2 years or

690

since initial licensure if the facility has been licensed for

691

less than 2 years.

692

     3.2. Facilities that are licensed to provide limited

693

nursing services shall maintain a written progress report on each

694

person who receives such nursing services, which report describes

695

the type, amount, duration, scope, and outcome of services that

696

are rendered and the general status of the resident's health. A

697

registered nurse representing the agency shall visit such

698

facilities at least twice a year to monitor residents who are

699

receiving limited nursing services and to determine if the

700

facility is in compliance with applicable provisions of this

701

part, part II of chapter 408, and related rules. The monitoring

702

visits may be provided through contractual arrangements with

703

appropriate community agencies. A registered nurse shall also

704

serve as part of the team that inspects the such facility.

705

     4.3. A person who receives limited nursing services under

706

this part must meet the admission criteria established by the

707

agency for assisted living facilities. If When a resident no

708

longer meets the admission criteria for a facility licensed under

709

this part, arrangements for relocating the person shall be made

710

in accordance with s. 429.28(1)(k), unless the facility is also

711

licensed to provide extended congregate care services.

712

     Section 12.  Effective April 1, 2009, section 429.174,

713

Florida Statutes, is amended to read:

714

     429.174  Background screening; exemptions.--

715

     (1) The owner or administrator of an assisted living

716

facility must conduct level 1 background screening, as set forth

717

in chapter 435, on all employees hired on or after October 1,

718

1998, who perform personal services or who have access to

719

resident living areas as defined in s. 429.02(16). The agency may

720

exempt an individual from employment disqualification as set

721

forth in s. 435.07 chapter 435. However, such person may not be

722

employed or resume employment pending the granting of an

723

exemption or until all appeals have been resolved in favor of the

724

person screened. A person employed before October 1, 1998, who is

725

determined to have a disqualifying offense occurring after

726

October 1, 1998, may continue employment pending the outcome of

727

an exemption request if such request is made within 30 days of

728

receipt of the results of the background screening. A person

729

employed before October 1, 1998, who is determined to have a

730

disqualifying offense before October 1, 1998, but does not have a

731

disqualifying offense after that date, is not required to submit

732

an exemption request pursuant to s. 435.07 and may continue his

733

or her employment. Employees Such persons shall be considered as

734

having met the screening requirements this requirement if:

735

     (a)(1) Proof of compliance with level 1 screening

736

requirements obtained to meet any professional license

737

requirements in this state is provided and accompanied, under

738

penalty of perjury, by a copy of the person's current

739

professional license and an affidavit of current compliance with

740

the background screening requirements.

741

     (b)(2) The person required to be screened has been

742

continuously employed in the same type of occupation for which

743

the person is seeking employment without a breach in service

744

which exceeds 180 days, and proof of compliance with the level 1

745

screening requirement which is no more than 2 years old is

746

provided. Proof of compliance shall be provided directly from one

747

employer or contractor to another, and not from the person

748

screened. Upon request, a copy of screening results shall be

749

provided by the employer retaining documentation of the screening

750

to the person screened.

751

     (c)(3) The person required to be screened is employed by a

752

corporation or business entity or related corporation or business

753

entity that owns, operates, or manages more than one facility or

754

agency licensed under this chapter, and for whom a level 1

755

screening was conducted by the corporation or business entity as

756

a condition of initial or continued employment.

757

758

Notwithstanding chapter 435, the agency may not provide to the

759

employer the results of background screening for offenses

760

occurring prior to October 1, 1998, for persons employed before

761

October 1, 1998, except for an absolute disqualifying offense.

762

For the purposes of this section, the term "absolute

763

disqualifying offense" means a felony offense pursuant to s.

764

787.01(3)(a); s. 787.02(3)(a); s. 787.025, s. 796.03; s. 796.035;

765

s. 800.04, except for crimes identified in ss. 800.04(7)(c) and

766

(d); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135(2) and

767

(3); s. 847.0137(2) and (3); and s. 847.0138(2) and (3); s.

768

847.0145; s. 796.045; or chapter 794. Notwithstanding s. 435.07,

769

a person who has been convicted of, or entered a plea of guilty

770

or nolo contendere, regardless of adjudication, to an absolute

771

disqualifying offense may not be granted an exemption from

772

disqualification from employment. The agency or an employer is

773

not required to rescreen or reevaluate qualifications for

774

employment of a person who was screened by that employer and

775

continuously employed before April 1, 2009.

776

     (2) Level 1 screening as provided in chapter 435 is

777

required for all contracted workers who are expected to, or whose

778

responsibilities may require them to, provide personal services

779

to residents. The facility shall maintain verification that such

780

contracted workers have been screened pursuant to this section.

781

The facility may either obtain a copy of the qualifying screening

782

results from the entity or receive an affidavit from the entity

783

which specifies that a background screen has been performed on

784

all contracted workers sent to the facility. A contracted worker

785

who does not provide personal services to residents is not

786

required to be screened pursuant to this section but must sign in

787

at the reception desk upon entering the facility, wear an

788

identification badge while on the premises, and sign out before

789

leaving the facility. The facility shall maintain a log

790

containing the information collected.

791

     (3) The person being screened is responsible for paying the

792

fees associated with obtaining the required screening. Payment

793

for the screening shall be submitted to the agency. The agency

794

shall establish a schedule of fees to cover the costs of level 1

795

and level 2 screening. Facilities may reimburse employees or

796

contracted workers for these costs. The Department of Law

797

Enforcement shall charge the agency for a level 1 or level 2

798

screening a rate sufficient to cover the costs of screening

799

pursuant to s. 943.053(3).

800

     Section 13.  Subsection (1) of section 429.255, Florida

801

Statutes, is amended to read:

802

     429.255  Use of personnel; emergency care.--

803

     (1)(a) Facility staff, including persons under contract to

804

the facility, facility employees staff, or volunteers, who are

805

licensed according to part I of chapter 464, or those persons

806

exempt under s. 464.022(1), and others as defined by rule, may

807

administer medications to residents, take residents' vital signs,

808

manage individual weekly pill organizers for residents who self-

809

administer medication, give prepackaged enemas ordered by a

810

physician, observe residents, document observations on the

811

appropriate resident's record, report observations to the

812

resident's physician, and contract or allow residents or a

813

resident's representative, designee, surrogate, guardian, or

814

attorney in fact to contract with a third party, provided

815

residents meet the criteria for appropriate placement as defined

816

in s. 429.26. Nursing assistants certified pursuant to part II of

817

chapter 464 may take residents' vital signs as directed by a

818

licensed nurse or physician.

819

     (b) Facility All staff, including persons under contract to

820

the facility and facility employees in facilities licensed under

821

this part shall exercise their professional responsibility to

822

observe residents, to document observations on the appropriate

823

resident's record, and to report the observations to the

824

resident's physician, and to provide needed services competently.

825

However, the owner or administrator of the facility is shall be

826

responsible for determining that the resident receiving services

827

is appropriate for residence in the facility and for the

828

provision of and quality of care and services provided to the

829

resident.

830

     (c)  In an emergency situation, licensed personnel may carry

831

out their professional duties pursuant to part I of chapter 464

832

until emergency medical personnel assume responsibility for care.

833

     Section 14.  Present subsections (8) through (12) of section

834

429.26, Florida Statutes, are renumbered as sections (6) through

835

(10), respectively, and present subsections (1) through (7) of

836

that section, are amended to read:

837

     429.26  Appropriateness of placements; examinations of

838

residents.--

839

     (1)  The owner or administrator of a facility is responsible

840

for determining the appropriateness of admission of an individual

841

to the facility and for determining the continued appropriateness

842

of residence of an individual in the facility. A determination

843

shall be based upon an assessment of the strengths, needs, and

844

preferences of the resident, the care and services offered or

845

arranged for by the facility in accordance with facility policy,

846

and any limitations in law or rule related to admission criteria

847

or continued residency for the type of license held by the

848

facility under this part. Except as provided in s. 429.28(1)(k),

849

a resident may not be moved from one facility to another without

850

consultation with and agreement from the resident or, if

851

applicable, the resident's representative or designee or the

852

resident's family, guardian, surrogate, or attorney in fact. If

853

In the case of a resident who has been placed by the department

854

or the Department of Children and Family Services, the

855

administrator must notify the appropriate contact person in the

856

applicable department.

857

     (2) A physician, physician assistant, or nurse practitioner

858

who is employed by an assisted living facility to provide an

859

initial examination for admission purposes may not have financial

860

interest in the facility.

861

     (3) Persons licensed under part I of chapter 464 who are

862

employed by or under contract with a facility shall, on a routine

863

basis or at least monthly, perform a nursing assessment of the

864

residents for whom they are providing nursing services ordered by

865

a physician, except administration of medication, and shall

866

document such assessment, including any substantial changes in a

867

resident's status which may necessitate relocation to a nursing

868

home, hospital, or specialized health care facility. Such records

869

shall be maintained in the facility for inspection by the agency

870

and shall be forwarded to the resident's case manager, if

871

applicable.

872

     (2)(4) If possible, each resident shall have been examined

873

by a licensed physician, a licensed physician assistant, or a

874

licensed nurse practitioner within 60 days before admission to

875

the facility. The person conducting an examination under this

876

subsection may not have financial interest in the facility. The

877

signed and completed medical examination report shall be

878

submitted to the owner or administrator of the facility who shall

879

use the information contained in the report therein to assist in

880

determining the determination of the appropriateness of the

881

resident's admission and continued stay in the facility and to

882

develop a plan for the provision of services for the resident.

883

The plan must be reviewed and updated annually; however, for a

884

resident receiving nursing services ordered by a physician,

885

except administration of medication, the plan must be reviewed

886

and updated quarterly and whenever a resident experiences a

887

significant change in condition. The medical examination report

888

and plan for services shall be reported on a single form provided

889

by the agency or a community supported-living plan for mental

890

health residents. The plan shall become a permanent part of the

891

record of the resident at the facility and shall be made

892

available to the agency during inspection or upon request. An

893

assessment that has been completed through the Comprehensive

894

Assessment and Review for Long-Term Care Services (CARES) Program

895

fulfills the requirements for a medical examination under this

896

subsection and s. 429.07(3)(b)6.

897

     (a)(5) Except as provided in s. 429.07, if a medical

898

examination has not been completed within 60 days before the

899

admission of the resident to the facility, medical personnel a

900

licensed physician, licensed physician assistant, or licensed

901

nurse practitioner shall examine the resident and complete a

902

medical examination form provided by the agency within 30 days

903

following the admission to the facility to enable the facility

904

owner or administrator to determine the appropriateness of the

905

admission. The medical examination form shall become a permanent

906

part of the record of the resident at the facility and shall be

907

made available to the agency during inspection by the agency or

908

upon request.

909

     (b)(6) Any resident accepted in a facility and placed by

910

the department or the Department of Children and Family Services

911

must be shall have been examined by medical personnel within 30

912

days before placement in the facility and recorded on a medical

913

examination form provided by the agency. The examination shall

914

include an assessment of the appropriateness of placement in a

915

facility. The findings of this examination shall be recorded on

916

the examination form provided by the agency. The completed form

917

shall accompany the resident and shall be submitted to the

918

facility owner or administrator. For Additionally, in the case of

919

a mental health resident, the Department of Children and Family

920

Services must provide documentation that the individual has been

921

assessed by a psychiatrist, clinical psychologist, clinical

922

social worker, or psychiatric nurse, or an individual who is

923

supervised by one of these professionals, and determined to be

924

appropriate to reside in an assisted living facility. The

925

documentation must be in the facility within 30 days after the

926

mental health resident has been admitted to the facility. An

927

evaluation completed upon discharge from a state mental hospital

928

meets the requirements of this subsection related to

929

appropriateness for placement as a mental health resident

930

providing it was completed within 90 days prior to admission to

931

the facility. The applicable department shall provide to the

932

facility administrator any information about the resident that

933

would help the administrator meet his or her responsibilities

934

under this section subsection (1). Further, department personnel

935

shall explain to the facility operator any special needs of the

936

resident and advise the operator whom to call should problems

937

arise. The applicable department shall advise and assist the

938

facility administrator where the special needs of residents who

939

are recipients of optional state supplementation require such

940

assistance.

941

     (3) Effective April 1, 2009, a search of the Department of

942

Law Enforcement's sexual offender database for each prospective

943

resident must be conducted by the facility before admission or

944

immediately after admission. The facility must maintain

945

verification that all residents have been screened. The

946

information obtained may be used by the facility to assess the

947

needs of the resident and the care and services offered or

948

arranged by the facility in accordance with this section. The

949

information obtained may be disclosed to other residents. The

950

facility does not have to rescreen a resident who is away from a

951

facility for not more than 45 days.

952

     (4) Persons licensed under part I of chapter 464 who are

953

employed by or under contract with a facility shall, at least

954

monthly, perform a nursing assessment of residents for whom they

955

are providing nursing services ordered by a physician, except

956

administration of medication, and shall document such assessment,

957

including any substantial change in a resident's status which may

958

necessitate relocation to a nursing home, hospital, or

959

specialized health care facility. The records must be maintained

960

in the facility for inspection by the agency and shall be

961

forwarded to the resident's case manager, if applicable.

962

     (5)(7) Residents shall be periodically assessed to

963

determine if the resident is capable of handling his or her

964

personal and financial affairs and, if not, whether a responsible

965

person such as a resident representative or designee, guardian,

966

surrogate, or attorney in fact is available to make decisions on

967

behalf of the resident. If a resident is having difficulty

968

handling his or her personal or financial affairs because of a

969

decline in health or cognitive abilities, the owner or

970

administrator shall contact the resident's representative or

971

designee, guardian, surrogate, or attorney in fact. If a resident

972

does not have family or a legal representative to make decisions

973

on his or her behalf, the owner or administrator must contact the

974

Florida Abuse Hotline. The facility must notify a licensed

975

physician when a resident exhibits signs of dementia or cognitive

976

impairment or has a change of condition in order to rule out the

977

presence of an underlying physiological condition that may be

978

contributing to such dementia or impairment. The notification

979

must occur within 30 days after the acknowledgment of such signs

980

by facility staff. If an underlying condition is determined to

981

exist, the facility shall arrange, with the appropriate health

982

care provider, the necessary care and services to treat the

983

condition.

984

     Section 15.  Subsections (3) through (8) of section 429.27,

985

Florida Statutes, are renumbered as subsections (6) through (11),

986

respectively, and subsections (1) and (2) of that section, are

987

amended to read:

988

     429.27  Property and personal affairs of residents.--

989

     (1)(a) A resident shall be given the option of using his or

990

her own belongings, as space permits; choosing his or her

991

roommate; and, whenever possible, unless the resident is

992

adjudicated incompetent or incapacitated under state law,

993

managing his or her own affairs.

994

     (2)(b) The admission of a resident to a facility does and

995

his or her presence therein shall not confer on the facility or

996

its owner, administrator, staff employees, or representatives any

997

authority to manage, use, or dispose of any property of the

998

resident or to make financial or health care decisions on behalf

999

of the resident; nor shall such admission or presence confer on

1000

any of such persons any authority or responsibility for the

1001

personal affairs of the resident, except if that which may be

1002

necessary for the safe management of the facility or for the

1003

safety of the resident.

1004

     (3)(2) A facility, or an owner, administrator, staff

1005

employee, or representative thereof, may not act as the

1006

resident's representative or designee, guardian, health care

1007

surrogate, trustee, or conservator for a any resident of the

1008

assisted living facility or any of the such resident's property

1009

unless the person is a relative of the resident.

1010

     (4) A facility An owner, administrator, or staff member, or

1011

representative thereof, may not act as a competent resident's

1012

payee for social security, veteran's, or railroad benefits

1013

without the consent of the resident. Any facility whose owner,

1014

administrator, or staff, or representative thereof who, serves as

1015

representative payee for a any resident must of the facility

1016

shall file a surety bond with the agency in an amount equal to

1017

twice the average monthly aggregate income or personal funds due

1018

to residents, or expendable for his or her their account, which

1019

are received by a facility.

1020

     (5) Any facility whose owner, administrator, or staff, or a

1021

representative thereof who, is granted power of attorney for a

1022

any resident must of the facility shall file a surety bond with

1023

the agency for each resident for whom such power of attorney is

1024

granted. The surety bond must shall be in an amount equal to

1025

twice the average monthly income of the resident, plus the value

1026

of any resident's property under the control of the attorney in

1027

fact. The bond must shall be executed by the facility as

1028

principal and a licensed surety company. The bond shall be

1029

conditioned upon the faithful compliance of the facility with

1030

this section and shall run to the agency for the benefit of any

1031

resident who suffers a financial loss as a result of the misuse

1032

or misappropriation by a facility of funds held pursuant to this

1033

subsection. Any surety company that cancels or does not renew the

1034

bond of any licensee shall notify the agency in writing not less

1035

than 30 days in advance of such action, giving the reason for the

1036

cancellation or nonrenewal. Any facility owner, administrator, or

1037

staff, or representative thereof, who is granted power of

1038

attorney for a any resident of the facility shall, on a monthly

1039

basis, be required to provide the resident with a written

1040

statement of any transaction made on behalf of the resident

1041

pursuant to this subsection, and a copy of such statement given

1042

to the resident shall be retained in each resident's file and

1043

available for agency inspection.

1044

     Section 16.  Paragraphs (k) and (l) of subsection (1),

1045

subsection (2), and paragraph (b) of subsection (3) of section

1046

429.28, Florida Statutes, are amended to read:

1047

     429.28  Resident bill of rights.--

1048

     (1)  No resident of a facility shall be deprived of any

1049

civil or legal rights, benefits, or privileges guaranteed by law,

1050

the Constitution of the State of Florida, or the Constitution of

1051

the United States as a resident of a facility. Every resident of

1052

a facility shall have the right to:

1053

     (k) Receive at least 45 days' written notice of relocation

1054

or termination of residency from the licensee as provided in s.

1055

429.285, unless the relocation or termination of residency is

1056

initiated by the resident or the resident designee; facility

1057

unless, for medical reasons, the resident is certified by a

1058

physician to require an emergency relocation to a facility

1059

providing a more skilled level of care; or the resident engages

1060

in a pattern of conduct that is harmful or offensive to other

1061

residents. In the case of a resident who has been adjudicated

1062

mentally incapacitated, the guardian shall be given at least 45

1063

days' notice of a nonemergency relocation or residency

1064

termination. Reasons for relocation shall be set forth in

1065

writing. In order for a licensee facility to terminate the

1066

residency of an individual without notice as provided in this

1067

paragraph herein, the licensee facility shall show good cause in

1068

a court of competent jurisdiction. Admission to a facility

1069

licensed under this part may not be conditioned upon a waiver of

1070

such right, and any document or provision in a document that

1071

purports to waive or preclude such right is void and

1072

unenforceable.

1073

     (l)  Present grievances and recommend changes in policies,

1074

procedures, and services to the staff of the facility, governing

1075

officials, or any other person without restraint, interference,

1076

coercion, discrimination, or reprisal. Each licensee facility

1077

shall establish a written grievance procedure to facilitate the

1078

residents' exercise of this right. This right includes access to

1079

ombudsman volunteers and advocates and the right to be a member

1080

of, to be active in, and to associate with advocacy or special

1081

interest groups. Each licensee shall maintain a written log of

1082

grievances that shall be available for inspection and shall be

1083

maintained for at least 2 years. Residents may provide verbal or

1084

written grievances.

1085

     (2)  The administrator of a facility shall ensure that a

1086

written notice of the rights, obligations, and prohibitions set

1087

forth in this part is posted in a prominent place in each

1088

facility and read or explained to residents who cannot read. This

1089

notice shall include the name, address, and telephone numbers of

1090

the local ombudsman council and central abuse hotline and, when

1091

applicable, the Advocacy Center for Persons with Disabilities,

1092

Inc., and the Florida local advocacy council, where complaints

1093

may be lodged. The licensee facility must ensure a resident's

1094

access to a telephone to call the local ombudsman council,

1095

central abuse hotline, Advocacy Center for Persons with

1096

Disabilities, Inc., and the Florida local advocacy council.

1097

     (3)

1098

     (b) In order to determine whether the licensee facility is

1099

adequately protecting residents' rights, the biennial survey

1100

shall include private informal conversations with a sample of

1101

residents and consultation with the ombudsman council in the

1102

planning and service area in which the facility is located to

1103

discuss residents' experiences within the facility.

1104

     Section 17.  Section 429.285, Florida Statutes, is created

1105

to read:

1106

     429.285 Resident relocation or termination of residency;

1107

requirements and procedures.--

1108

     (1) A facility licensed under this part must permit a

1109

resident to remain in the facility. Relocation or termination of

1110

residency of a resident may not occur unless:

1111

     (a) The relocation or termination of residency is necessary

1112

for the resident's welfare and the resident's needs cannot be met

1113

in the facility;

1114

     (b) The relocation or termination of residency is

1115

appropriate because the resident's health has improved

1116

sufficiently so that the resident no longer needs the services

1117

provided by the facility;

1118

     (c) The health and safety of other residents or facility

1119

employees would be endangered;

1120

     (d) The resident has failed, after at least 30 days'

1121

notice, to provide payment for his or her stay in the facility;

1122

     (e) The facility ceases to operate;

1123

     (f) There is a documented pattern of harmful and offensive

1124

behavior by the resident; or

1125

     (g) The contract provided for under s. 429.24(1) between

1126

the licensee and the resident expires on its own terms.

1127

     (2) When a relocation or termination of residency is

1128

initiated by the licensee, the administrator that is relocating

1129

the resident or terminating residency, or an individual employed

1130

by the facility who is designated by the administrator to act on

1131

behalf of the administration, must sign the notice of relocation

1132

or termination of residency. Any notice indicating a medical

1133

reason for relocation or termination of residency must be signed

1134

by the resident's physician or include an attached physician's

1135

written order for the relocation or termination of residency.

1136

     (3) At least 45 days prior to a proposed relocation or

1137

termination of residency, a licensee must provide by certified

1138

mail advance written notice of the proposed relocation or

1139

termination of residency to the resident and, if known, to a

1140

family member or the resident's legal guardian or representative.

1141

     (4) The notice must be in writing and contain all

1142

information required by state and federal laws, rules, and

1143

regulations. A copy of the notice must be placed in the

1144

resident's file. The agency shall develop a standard form to be

1145

used by all facilities licensed under this part for purposes of

1146

notifying residents of a relocation or termination of residency.

1147

In addition to any other pertinent information included, the form

1148

shall:

1149

     (a) Specify the reason allowed under state law justifying

1150

the relocation or termination of the residency, with an

1151

explanation to support this action.

1152

     (b) State the effective date of the relocation or

1153

termination of residency and the location to which the resident

1154

is being relocated.

1155

     (c) Include the right and means to request the local long-

1156

term care ombudsman council to review the notice of relocation or

1157

termination of residency.

1158

     (5) A relocation or termination of residency notice

1159

initiated by a licensee must be reported to the Office of State

1160

Long-Term Care Ombudsman by mail, electronic mail, or facsimile

1161

within 5 business days after a resident's receipt of a notice to

1162

relocate or terminate residency. The Office of State Long-Term

1163

Care Ombudsman shall compile and publish the information

1164

collected from such notices in the annual report required by s.

1165

400.0065(2)(i). A resident may request that the local long-term

1166

care ombudsman council review any notice of relocation or

1167

termination of residency given to the resident. When requested by

1168

a resident to review such notice, the local long-term care

1169

ombudsman council shall do so within 5 business days after

1170

receipt of the request.

1171

     (6) In the event of an emergency relocation or termination

1172

of residency, as provided under s. 429.28(1)(k), notice shall be

1173

provided to the resident, the resident's legal guardian or

1174

representative, and the local long-term care ombudsman council by

1175

telephone or in person. The written notice shall be given before

1176

the relocation or termination of residency, if possible, and no

1177

later than 5 business days after the relocation or termination of

1178

residency. A local long-term care ombudsman council conducting a

1179

review under this section shall do so within 2 business days

1180

after receipt of the request. The resident's file must include

1181

documentation indicating who was contacted, whether the contact

1182

was by telephone or in person, and the date and time of the

1183

contact.

1184

     (7) After receipt of a notice required under this section,

1185

the local long-term care ombudsman council may request a private

1186

informal conversation with a resident to whom the notice is

1187

directed, and, if known, a family member or the resident's legal

1188

guardian or representative, to ensure that the licensee is

1189

proceeding with the relocation or termination of residency in

1190

accordance with the requirements of this section.

1191

     (8) The agency may adopt rules pursuant to ss. 120.536(1)

1192

and 120.54 to administer this section.

1193

     Section 18.  Subsection (1) of section 429.294, Florida

1194

Statutes, is amended to read:

1195

     429.294  Availability of facility records for investigation

1196

of resident's rights violations and defenses; penalty.--

1197

     (1)  Failure to provide complete copies of a resident's

1198

records, including, but not limited to, all medical records and

1199

the resident's chart, within the control or possession of the

1200

facility within 10 days, in accordance with the provisions of s.

1201

400.145, shall constitute evidence of failure of that party to

1202

comply with good faith discovery requirements and shall waive the

1203

good faith certificate and presuit notice requirements under this

1204

part by the requesting party.

1205

     Section 19.  Section 429.34, Florida Statutes, is amended to

1206

read:

1207

     429.34  Right of entry and inspection.--In addition to the

1208

requirements of s. 408.811:,

1209

     (1) Any duly designated officer or employee of the

1210

department, the Department of Children and Family Services, the

1211

Medicaid Fraud Control Unit of the Office of the Attorney

1212

General, the state or local fire marshal, or a member of the

1213

state or local long-term care ombudsman council shall have the

1214

right to enter unannounced upon and into the premises of any

1215

facility licensed pursuant to this part in order to determine the

1216

state of compliance with the provisions of this part, part II of

1217

chapter 408, and applicable rules. Data collected by the state or

1218

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

1219

advocacy councils may be used by the agency in investigations

1220

involving violations of regulatory standards.

1221

     (2) Every 24 months the agency shall conduct at least one

1222

unannounced inspection to determine compliance with this chapter

1223

and related rules, including minimum standards of quality and

1224

adequacy of care and the rights of residents. Two additional

1225

surveys shall be conducted every 6 months for the next year if

1226

the facility has been cited for a class I deficiency or two or

1227

more class II deficiencies arising from separate surveys or

1228

investigations within a 60-day period. In addition to any fines

1229

imposed on a facility under s. 429.19, the agency shall assess a

1230

fine of $69 per bed for each of the additional two surveys, not

1231

to exceed $12,000 each. The agency shall adjust this fine by the

1232

change in the Consumer Price Index, based on the 12 months

1233

immediately preceding the change, to cover the cost of the

1234

additional two surveys. The agency shall verify through

1235

subsequent inspections that any deficiency identified during an

1236

inspection is corrected. However, the agency may verify the

1237

correction of a class III or class IV deficiency unrelated to

1238

resident rights or resident care without reinspecting the

1239

facility if adequate written documentation has been received from

1240

the facility which provides assurance that the deficiency has

1241

been corrected.

1242

     Section 20.  Present subsection (14) of section 429.65,

1243

Florida Statutes, is renumbered as subsection (15), and a new

1244

subsection (14) is added to that section, to read:

1245

     429.65  Definitions.--As used in this part, the term:

1246

     (14) "Reside" means the licensee or applicant lives in the

1247

adult family care home as a primary residence. For purposes of

1248

this part, any two of the following documents that include the

1249

adult family care home address and the name of the licensee or

1250

applicant may be accepted by the agency as proof that the

1251

licensee or applicant resides in the adult family care home:

1252

     (a) Homestead exemption documentation;

1253

     (b) Lease or rental agreement accompanied by a

1254

corresponding utility bill; or

1255

     (c) Personal identification issued by a state or federal

1256

agency.

1257

     Section 21.  Subsection (4) of section 429.67, Florida

1258

Statutes, is amended to read:

1259

     429.67  Licensure.--

1260

     (4)  Upon receipt of a completed license application or

1261

license renewal, and the fee, the agency shall initiate a level 1

1262

background screening as provided under chapter 435 on the adult

1263

family-care home provider, the designated relief person, all

1264

adult household members, and all staff members, and any other

1265

person who provides personal services to residents or who have

1266

routine access to the adult family-care home.

1267

     (a)  Proof of compliance with level 1 screening standards

1268

which has been submitted within the previous 5 years to meet any

1269

facility or professional licensure requirements of the agency or

1270

the Department of Health satisfies the requirements of this

1271

subsection. Such proof must be accompanied, under penalty of

1272

perjury, by a copy of the person's current professional license

1273

and an affidavit of current compliance with the background

1274

screening requirements.

1275

     (b)  The person required to be screened must have been

1276

continuously employed in the same type of occupation for which

1277

the person is seeking employment without a breach in service that

1278

exceeds 180 days, and proof of compliance with the level 1

1279

screening requirement which is no more than 2 years old must be

1280

provided. Proof of compliance shall be provided directly from one

1281

employer or contractor to another, and not from the person

1282

screened. Upon request, a copy of screening results shall be

1283

provided to the person screened by the employer retaining

1284

documentation of the screening.

1285

     Section 22.  Subsection (3) is added to section 429.69,

1286

Florida Statutes, to read:

1287

     429.69  Denial, revocation, and suspension of a license.--In

1288

addition to the requirements of part II of chapter 408, the

1289

agency may deny, suspend, and revoke a license for any of the

1290

following reasons:

1291

     (3) Failure of the adult family-care home provider who owns

1292

or rents the home to live in the home.

1293

     Section 23.  Paragraph (b) of subsection (1) of section

1294

429.73, Florida Statutes, is amended to read:

1295

     429.73  Rules and standards relating to adult family-care

1296

homes.--

1297

     (1)  The agency, in consultation with the department, may

1298

adopt rules to administer the requirements of part II of chapter

1299

408. The department, in consultation with the Department of

1300

Health, the Department of Children and Family Services, and the

1301

agency shall, by rule, establish minimum standards to ensure the

1302

health, safety, and well-being of each resident in the adult

1303

family-care home pursuant to this part. The rules must address:

1304

     (b)  Services that must be provided to all residents of an

1305

adult family-care home and standards for such services, which

1306

must include, but need not be limited to:

1307

     1.  Room and board.

1308

     2.  Assistance necessary to perform the activities of daily

1309

living.

1310

     3.  Assistance necessary to administer medication.

1311

     4.  Supervision of residents.

1312

     5. Health monitoring, including periodic assessments to

1313

determine if the resident is competent to handle his or her

1314

personal and financial affairs and, if not, whether a responsible

1315

person such as a guardian, surrogate, or attorney in fact is

1316

available to make decisions on behalf of the resident.

1317

     6.  Social and leisure activities.

1318

     Section 24.  Effective April 1, 2009, subsections (2) and

1319

(3) of section 435.03, Florida Statutes, are amended to read:

1320

     435.03  Level 1 screening standards.--

1321

     (2)  Any person for whom employment screening is required by

1322

statute must not have been convicted of found guilty of,

1323

regardless of adjudication, or entered a plea of guilty or nolo

1324

contendere or guilty to, regardless of adjudication, to any

1325

offense prohibited under any of the following provisions of the

1326

Florida statutes or under any similar statute of another

1327

jurisdiction:

1328

     (a)  Section 393.135, relating to sexual misconduct with

1329

certain developmentally disabled clients and reporting of such

1330

sexual misconduct.

1331

     (b)  Section 394.4593, relating to sexual misconduct with

1332

certain mental health patients and reporting of such sexual

1333

misconduct.

1334

     (c)  Section 415.111, relating to abuse, neglect, or

1335

exploitation of a vulnerable adult.

1336

     (d)  Section 782.04, relating to murder.

1337

     (e)  Section 782.07, relating to manslaughter, aggravated

1338

manslaughter of an elderly person or disabled adult, or

1339

aggravated manslaughter of a child.

1340

     (f)  Section 782.071, relating to vehicular homicide.

1341

     (g)  Section 782.09, relating to killing of an unborn quick

1342

child by injury to the mother.

1343

     (h)  Section 784.011, relating to assault, if the victim of

1344

the offense was a minor.

1345

     (i)  Section 784.021, relating to aggravated assault.

1346

     (j)  Section 784.03, relating to battery, if the victim of

1347

the offense was a minor.

1348

     (k)  Section 784.045, relating to aggravated battery.

1349

     (l)  Section 787.01, relating to kidnapping.

1350

     (m)  Section 787.02, relating to false imprisonment.

1351

     (n)  Section 794.011, relating to sexual battery.

1352

     (o)  Former s. 794.041, relating to prohibited acts of

1353

persons in familial or custodial authority.

1354

     (p)  Chapter 796, relating to prostitution.

1355

     (q)  Section 798.02, relating to lewd and lascivious

1356

behavior.

1357

     (r)  Chapter 800, relating to lewdness and indecent

1358

exposure.

1359

     (s)  Section 806.01, relating to arson.

1360

     (t)  Chapter 812, relating to theft, robbery, and related

1361

crimes, if the offense was a felony.

1362

     (u)  Section 817.563, relating to fraudulent sale of

1363

controlled substances, only if the offense was a felony.

1364

     (v)  Section 825.102, relating to abuse, aggravated abuse,

1365

or neglect of an elderly person or disabled adult.

1366

     (w)  Section 825.1025, relating to lewd or lascivious

1367

offenses committed upon or in the presence of an elderly person

1368

or disabled adult.

1369

     (x)  Section 825.103, relating to exploitation of an elderly

1370

person or disabled adult, if the offense was a felony.

1371

     (y)  Section 826.04, relating to incest.

1372

     (z)  Section 827.03, relating to child abuse, aggravated

1373

child abuse, or neglect of a child.

1374

     (aa)  Section 827.04, relating to contributing to the

1375

delinquency or dependency of a child.

1376

     (bb)  Former s. 827.05, relating to negligent treatment of

1377

children.

1378

     (cc)  Section 827.071, relating to sexual performance by a

1379

child.

1380

     (dd)  Chapter 847, relating to obscene literature.

1381

     (ee)  Chapter 893, relating to drug abuse prevention and

1382

control, only if the offense was a felony or if any other person

1383

involved in the offense was a minor.

1384

     (ff)  Section 916.1075, relating to sexual misconduct with

1385

certain forensic clients and reporting of such sexual misconduct.

1386

     (3)  Standards must also ensure that the person:

1387

     (a) Has not been convicted of, or entered a plea of guilty

1388

or nolo contendere to, regardless of adjudication, offenses

1389

prohibited under any of the following statutes or under any

1390

similar statute of another jurisdiction, if he or she is an

1391

employee or employer For employees and employers licensed or

1392

registered pursuant to chapter 393, chapter 400, part II of

1393

chapter 408, or chapter 429, or an employee or employer at a and

1394

for employees and employers of developmental disabilities

1395

institutions as defined in s. 393.063, intermediate care

1396

facilities for the developmentally disabled as defined in s.

1397

400.960, and mental health treatment facility facilities as

1398

defined in s. 394.455, meets the requirements of this chapter.

1399

     1. Sections 409.920 and 409.9201, relating to Medicaid

1400

fraud.

1401

     2. Chapter 429, relating to assisted care communities.

1402

     3. Chapter 784, relating to assault, battery, and culpable

1403

negligence, if the offense is a felony.

1404

     4. Section 810.02, relating to burglary, if the offense is

1405

a felony.

1406

     5. Section 817.034, relating to communications fraud.

1407

     6. Section 817.234, relating to fraudulent insurance

1408

claims.

1409

     7. Section 817.505, relating to patient brokering.

1410

     8. Section 817.568, relating to identification theft.

1411

     9. Sections 817.60 and 817.61, relating to credit cards, if

1412

the offense is a felony.

1413

     10. Sections 831.01, 831.02, 831.07, 831.09, 831.30, and

1414

831.31 relating to forgery, uttering, and counterfeiting.

1415

     (b)  Has not committed an act that constitutes domestic

1416

violence as defined in s. 741.28.

1417

     Section 25.  Effective April 1, 2009, subsections (2) and

1418

(4) of section 435.04, Florida Statutes, are amended to read:

1419

     435.04  Level 2 screening standards.--

1420

     (2)  The security background investigations under this

1421

section must ensure that no persons subject to the provisions of

1422

this section have been convicted found guilty of, regardless of

1423

adjudication, or entered a plea of guilty or nolo contendere or

1424

guilty to, regardless of adjudication, to any offense prohibited

1425

under any of the following provisions of the Florida statutes or

1426

under any similar statute of another jurisdiction:

1427

     (a)  Section 393.135, relating to sexual misconduct with

1428

certain developmentally disabled clients and reporting of such

1429

sexual misconduct.

1430

     (b)  Section 394.4593, relating to sexual misconduct with

1431

certain mental health patients and reporting of such sexual

1432

misconduct.

1433

     (c)  Section 415.111, relating to adult abuse, neglect, or

1434

exploitation of aged persons or disabled adults.

1435

     (d)  Section 782.04, relating to murder.

1436

     (e)  Section 782.07, relating to manslaughter, aggravated

1437

manslaughter of an elderly person or disabled adult, or

1438

aggravated manslaughter of a child.

1439

     (f)  Section 782.071, relating to vehicular homicide.

1440

     (g)  Section 782.09, relating to killing of an unborn quick

1441

child by injury to the mother.

1442

     (h)  Section 784.011, relating to assault, if the victim of

1443

the offense was a minor.

1444

     (i)  Section 784.021, relating to aggravated assault.

1445

     (j)  Section 784.03, relating to battery, if the victim of

1446

the offense was a minor.

1447

     (k)  Section 784.045, relating to aggravated battery.

1448

     (l)  Section 784.075, relating to battery on a detention or

1449

commitment facility staff.

1450

     (m)  Section 787.01, relating to kidnapping.

1451

     (n)  Section 787.02, relating to false imprisonment.

1452

     (o)  Section 787.04(2), relating to taking, enticing, or

1453

removing a child beyond the state limits with criminal intent

1454

pending custody proceedings.

1455

     (p)  Section 787.04(3), relating to carrying a child beyond

1456

the state lines with criminal intent to avoid producing a child

1457

at a custody hearing or delivering the child to the designated

1458

person.

1459

     (q)  Section 790.115(1), relating to exhibiting firearms or

1460

weapons within 1,000 feet of a school.

1461

     (r)  Section 790.115(2)(b), relating to possessing an

1462

electric weapon or device, destructive device, or other weapon on

1463

school property.

1464

     (s)  Section 794.011, relating to sexual battery.

1465

     (t)  Former s. 794.041, relating to prohibited acts of

1466

persons in familial or custodial authority.

1467

     (u)  Chapter 796, relating to prostitution.

1468

     (v)  Section 798.02, relating to lewd and lascivious

1469

behavior.

1470

     (w)  Chapter 800, relating to lewdness and indecent

1471

exposure.

1472

     (x)  Section 806.01, relating to arson.

1473

     (y)  Chapter 812, relating to theft, robbery, and related

1474

crimes, if the offense is a felony.

1475

     (z)  Section 817.563, relating to fraudulent sale of

1476

controlled substances, only if the offense was a felony.

1477

     (aa)  Section 825.102, relating to abuse, aggravated abuse,

1478

or neglect of an elderly person or disabled adult.

1479

     (bb)  Section 825.1025, relating to lewd or lascivious

1480

offenses committed upon or in the presence of an elderly person

1481

or disabled adult.

1482

     (cc)  Section 825.103, relating to exploitation of an

1483

elderly person or disabled adult, if the offense was a felony.

1484

     (dd)  Section 826.04, relating to incest.

1485

     (ee)  Section 827.03, relating to child abuse, aggravated

1486

child abuse, or neglect of a child.

1487

     (ff)  Section 827.04, relating to contributing to the

1488

delinquency or dependency of a child.

1489

     (gg)  Former s. 827.05, relating to negligent treatment of

1490

children.

1491

     (hh)  Section 827.071, relating to sexual performance by a

1492

child.

1493

     (ii)  Section 843.01, relating to resisting arrest with

1494

violence.

1495

     (jj)  Section 843.025, relating to depriving a law

1496

enforcement, correctional, or correctional probation officer

1497

means of protection or communication.

1498

     (kk)  Section 843.12, relating to aiding in an escape.

1499

     (ll)  Section 843.13, relating to aiding in the escape of

1500

juvenile inmates in correctional institutions.

1501

     (mm)  Chapter 847, relating to obscene literature.

1502

     (nn)  Section 874.05(1), relating to encouraging or

1503

recruiting another to join a criminal gang.

1504

     (oo)  Chapter 893, relating to drug abuse prevention and

1505

control, only if the offense was a felony or if any other person

1506

involved in the offense was a minor.

1507

     (pp)  Section 916.1075, relating to sexual misconduct with

1508

certain forensic clients and reporting of such sexual misconduct.

1509

     (qq)  Section 944.35(3), relating to inflicting cruel or

1510

inhuman treatment on an inmate resulting in great bodily harm.

1511

     (rr)  Section 944.46, relating to harboring, concealing, or

1512

aiding an escaped prisoner.

1513

     (ss)  Section 944.47, relating to introduction of contraband

1514

into a correctional facility.

1515

     (tt)  Section 985.701, relating to sexual misconduct in

1516

juvenile justice programs.

1517

     (uu)  Section 985.711, relating to contraband introduced

1518

into detention facilities.

1519

     (4)  Standards must also ensure that the person:

1520

     (a) Has not been convicted of, or entered a plea of guilty

1521

or nolo contendere to, regardless of adjudication, offenses

1522

prohibited under any of the following statutes or under any

1523

similar statute of another jurisdiction, if he or she is an

1524

employee or employer For employees or employers licensed or

1525

registered pursuant to chapter 393, chapter 400, part II of

1526

chapter 408, or chapter 429, or an employee or employer at a

1527

mental health treatment facility as defined in s. 394.455 does

1528

not have a confirmed report of abuse, neglect, or exploitation as

1529

defined in s. 415.102(6), which has been uncontested or upheld

1530

under s. 415.103.

1531

     1. Sections 409.920 and 409.9201, relating to Medicaid

1532

fraud.

1533

     2. Chapter 429, relating to assisted care communities.

1534

     3. Chapter 784, relating to assault, battery, and culpable

1535

negligence, if the offense is a felony.

1536

     4. Section 810.02, relating to burglary, if the offense is

1537

a felony.

1538

     5. Section 817.034, relating to communications fraud.

1539

     6. Section 817.234, relating to fraudulent insurance

1540

claims.

1541

     7. Section 817.505, relating to patient brokering.

1542

     8. Section 817.568, relating to identification theft.

1543

     9. Sections 817.60 and 817.61, relating to credit cards, if

1544

the offense is a felony.

1545

     10. Sections 831.01, 831.02, 831.07, 831.09, 831.30, and

1546

831.31 relating to forgery, uttering, and counterfeiting.

1547

     (b)  Has not committed an act that constitutes domestic

1548

violence as defined in s. 741.28 s. 741.30.

1549

     (c) Does not have a confirmed report of abuse, neglect, or

1550

exploitation which has been uncontested or upheld under s.

1551

415.103, if the person is an employee of a developmental

1552

disabilities institution as defined in s. 393.063.

1553

     Section 26. Subsection (13) of section 400.141, subsection

1554

(3) of section 408.809, subsection (2) of section 429.08, and

1555

subsection (5) of section 429.41, Florida Statutes, are repealed.

1556

     Section 27.  Paragraph (h) of subsection (3) of section

1557

430.80, Florida Statutes, is amended to read:

1558

     430.80  Implementation of a teaching nursing home pilot

1559

project.--

1560

     (3)  To be designated as a teaching nursing home, a nursing

1561

home licensee must, at a minimum:

1562

     (h) Maintain insurance coverage pursuant to s. 400.141(19)

1563

s. 400.141(20) or proof of financial responsibility in a minimum

1564

amount of $750,000. Such Proof of financial responsibility may

1565

include:

1566

     1.  Maintaining an escrow account consisting of cash or

1567

assets eligible for deposit in accordance with s. 625.52; or

1568

     2. Obtaining and maintaining, pursuant to chapter 675, an

1569

unexpired, irrevocable, nontransferable and nonassignable letter

1570

of credit issued by a any bank or savings association organized

1571

and existing under the laws of this state or a any bank or

1572

savings association organized under the laws of the United States

1573

that has its principal place of business in this state or has a

1574

branch office which is authorized to receive deposits in this

1575

state. The letter of credit shall be used to satisfy the

1576

obligation of the facility to the claimant upon presentment of a

1577

final judgment indicating liability and awarding damages to be

1578

paid by the facility or upon presentment of a settlement

1579

agreement signed by all parties if the to the agreement when such

1580

final judgment or settlement is a result of a liability claim

1581

against the facility.

1582

     Section 28.  Subsection (13) of section 651.118, Florida

1583

Statutes, is amended to read:

1584

     651.118  Agency for Health Care Administration; certificates

1585

of need; sheltered beds; community beds.--

1586

     (13) Residents, as defined in this chapter, are not

1587

considered new admissions for the purpose of s. 400.141(14)(d) s.

1588

400.141(15)(d).

1589

     Section 29. The sum of $241,274 is appropriated to the

1590

Agency for Health Care Administration from the Health Care Trust

1591

Fund for the 2008-2009 fiscal year, and 8.5 full-time equivalent

1592

positions along with an associated salary rate of 298,721 are

1593

authorized for the purpose of implementing the provisions of this

1594

act.

1595

     Section 30.  Except as otherwise expressly provided in this

1596

act, this act shall take effect October 1, 2008.

1597

1598

================ T I T L E  A M E N D M E N T ================

1599

And the title is amended as follows:

1600

     Delete line(s) 527-571

1601

and insert:

1602

An act relating to adult protection and care; amending s.

1603

322.142, F.S.; authorizing the Department of Children and

1604

Family Services to obtain copies of driver's license files

1605

maintained by the Department of Highway Safety and Motor

1606

Vehicles for the purpose of conducting protective

1607

investigations; amending s. 400.141, F.S.; requiring the

1608

agency to impose sanctions against a nursing home for

1609

failure to meet certain requirements and for failure to

1610

impose a moratorium on new admissions; requiring a search

1611

of the Department of Law Enforcement's sexual offender

1612

database to be conducted on all nursing home residents;

1613

amending s. 400.19, F.S.; revising provisions relating to

1614

unannounced inspections; amending s. 400.215, F.S.;

1615

requiring contracted workers employed in a nursing home to

1616

submit to background screening; prohibiting employees and

1617

contracted workers who do not meet background screening

1618

requirements from being employed in a nursing home;

1619

providing certain exceptions; deleting an obsolete

1620

provision; amending s. 408.809, F.S.; requiring the agency

1621

to establish a fee schedule to cover the cost of a level 1

1622

or level 2 screening and giving the agency rulemaking

1623

authority; amending s. 408.810, F.S.; requiring health

1624

care facilities regulated by the Agency for Health Care

1625

Administration to post certain information in the

1626

facility; requiring the agency to have the information

1627

available on its website; amending s. 408.811, F.S.;

1628

providing that agency employees who provide advance notice

1629

of unannounced agency inspections are subject to

1630

suspension; providing a timeline and process for

1631

correction of deficiencies; providing that the agency may

1632

provide electronic access to documents; amending s.

1633

415.103, F.S.; requiring certain reports to the central

1634

abuse hotline relating to vulnerable adults to be

1635

immediately transferred to the county sheriff's office;

1636

amending s. 415.1051, F.S.; authorizing the Department of

1637

Children and Family Services to file the petition to

1638

determine incapacity in adult protection proceedings;

1639

prohibiting the department from serving as the guardian or

1640

providing legal counsel to the guardian; amending s.

1641

415.112, F.S.; specifying rules to be adopted by the

1642

Department of Children and Family Services relating to

1643

adult protective services under ch. 415, F.S.; amending s.

1644

429.07, F.S.; providing that license requirements for

1645

specialty licenses apply to current licensees as well as

1646

applicants for an extended congregate care and limited

1647

nursing license; conforming a cross-reference; amending s.

1648

429.174, F.S.; requiring certain employees and contracted

1649

workers in assisted living facilities to submit to

1650

background screening; prohibiting employees and contracted

1651

workers who do not meet background screening requirements

1652

from being employed in an assisted living facility;

1653

providing certain exceptions; requiring the person being

1654

screened to pay for the cost of screening; amending s.

1655

429.255, F.S.; providing that the owner or administrator

1656

of an assisted living facility is responsible for the

1657

services provided in the facility; amending s. 429.26,

1658

F.S.; clarifying a prohibition on moving a resident;

1659

providing for the development of a plan for services for

1660

all residents; requiring that the plan be updated and

1661

reviewed periodically; requiring a search of the

1662

Department of Law Enforcement's sexual offender database

1663

to be conducted on all residents of an assisted living

1664

facility; requiring residents to be periodically assessed

1665

for competency to handle personal affairs; amending s.

1666

429.27, F.S.; prohibiting assisted living facility

1667

personnel from making certain decisions for a resident or

1668

acting as the resident's representative or surrogate;

1669

amending s. 429.28, F.S.; revising and specifying certain

1670

conditions in an assisted living facility's resident bill

1671

of rights for a resident's relocation or termination of

1672

residency; creating s. 429.285, F.S.; prohibiting resident

1673

relocation or termination of residency in the absence of

1674

certain specified conditions; requiring the administrator

1675

or employee of a facility to sign a notice of relocation

1676

or termination of residency and requiring a physician's

1677

signature under certain circumstances; requiring a

1678

licensee to provide advance written notice to the resident

1679

and other specified persons regarding relocation or

1680

termination of residency; providing that the notice

1681

contain certain information; providing for the creation of

1682

a form to submit relocation or termination of residency

1683

information and specifying information to be included

1684

therein; requiring a licensee to report relocation or

1685

termination of residency to the Office of State Long-term

1686

Care Ombudsman within a certain timeframe; permitting

1687

residents to seek the assistance of the local long-term

1688

care ombudsmen council in reviewing a notice of relocation

1689

or termination of residency; providing for emergency

1690

relocation and termination of residency; permitting the

1691

local long-term care ombudsmen council to request private

1692

informal contact with a resident upon receipt of a notice

1693

of relocation or termination of residency; authorizing the

1694

agency to adopt rules; amending s. 429.294, F.S.; deleting

1695

a cross-reference; amending s. 429.34, F.S.; providing for

1696

unannounced inspections; providing for additional 6-month

1697

inspections for certain violations; providing for an

1698

additional fine for 6-month inspections; amending s.

1699

429.65, F.S.; providing a definition of the term "reside";

1700

amending s. 429.67, F.S.; expanding the list of persons

1701

who must have a background screening in adult family-care

1702

homes; amending s. 429.69, F.S.; providing that the

1703

failure of a adult family-care home provider to live in

1704

the home is grounds for the denial, revocation, or

1705

suspension of a license; amending s. 429.73, F.S.;

1706

requiring adult family-care home residents to be

1707

periodically assessed for competency to handle personal

1708

affairs; amending ss. 435.03 and 435.04, F.S.; providing

1709

additional criminal offenses for screening certain health

1710

care facility personnel; repealing s. 400.141(13), F.S.,

1711

relating to a requirement to post certain information in

1712

nursing homes; repealing s. 408.809(3), F.S., relating to

1713

the granting of a provisional license while awaiting the

1714

results of a background screening; repealing s. 429.08(2),

1715

F.S., deleting a provision relating to local workgroups of

1716

field offices of the Agency for Health Care

1717

Administration; repealing s. 429.41(5), F.S., relating to

1718

agency inspections; amending ss. 430.80 and 651.118, F.S.;

1719

conforming cross-references; providing an appropriation

1720

and authorizing additional positions; providing effective

1721

dates.

5/1/2008  3:00:00 PM     1-09470-08