1

The Committee on Health Regulation (Alexander) recommended the

2

following amendment to amendment (754484):

3

4

     Senate Amendment

5

     Delete line(s) 990-1031

6

and insert:

7

     (k) At least 45 days' written notice of relocation or

8

termination of residency from the facility unless, for medical

9

reasons, the resident is certified by a physician to require an

10

emergency relocation to a facility providing a more skilled level

11

of care or the resident engages in a pattern of conduct that is

12

harmful or offensive to other residents. The notice must specify

13

the reasons for the relocation or termination and a copy of the

14

notice must be sent by registered mail to the resident's

15

representative or designee, guardian, surrogate, or attorney in

16

fact at the same time the notice is mailed to the resident.

17

Notice must also be sent by regular mail, facsimile, or e-mail to

18

the State Long-Term Care Ombudsman Program within 5 business days

19

after being mailed to the resident. The ombudsman program shall

20

incorporate the information received in their annual report,

21

including the number and reasons for relocation or termination of

22

facility residents, type and size of facilities, and other

23

relevant information, which shall be submitted to the Governor,

24

the President of the Senate, and the Speaker of the House of

25

Representatives. In the case of a resident who has been

26

adjudicated mentally incapacitated, the guardian shall be given

27

at least 45 days' notice of a nonemergency relocation or

28

residency termination. Reasons for relocation shall be set forth

29

in writing. In order for a facility to terminate the residency of

30

an individual without notice as provided in this paragraph

31

herein, the facility must shall show good cause in a court of

32

competent jurisdiction.

33

     (l)  Present grievances and recommend changes in policies,

34

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

35

officials, or any other person without restraint, interference,

36

coercion, discrimination, or reprisal. Each facility shall

37

establish a written grievance procedure to facilitate the

38

residents' exercise of this right which must include, at a

39

minimum, maintaining a written record of each grievance, the

40

stated reason for the grievance, actions taken by the facility,

41

and reporting of grievances. Each facility shall transmit a copy

42

of the written record on a weekly basis to the local ombudsman

43

council by regular mail, facsimile, or e-mail. Each facility must

44

accept grievances orally and may accept grievances in writing.

45

The local ombudsman council shall maintain a record of all

46

grievances received from each facility in the local area which

47

shall be submitted by the local council to the Office of State

48

Long-Term Care Ombudsman pursuant to s. 400.0089. This right also

49

includes access to ombudsman volunteers and advocates and the

50

right to be a member of, to be active in, and to associate with

51

advocacy or special interest groups.

3/18/2008  1:18:00 PM     588-05224-08