Amendment
Bill No. HB 5085
Amendment No. 714063
CHAMBER ACTION
Senate House
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1Representative Ausley offered the following:
2
3     Amendment (with directory and title amendments)
4     Remove lines 2352-2594 and insert:
5     (4)  The department shall notify the Advocacy Center for
6Persons with Disabilities, Inc., as to every report of death or
7serious injury of a client of the department who is a child with
8a disability within 48 hours after the department commences its
9investigation. Notification shall include the name of the
10alleged victim; the name of the alleged perpetrator; the
11complete address, telephone number, and approximate age of each
12subject of the investigation; a brief description of the abuse
13or neglect, including physical, mental, or sexual injuries; a
14description of the victim's disability; and the relationship of
15the victim to the alleged perpetrator. For purposes of this
16subsection, "serious injury" means an emergency medical
17condition as defined in s. 395.002(8) or an injury to an
18individual that requires emergency services and care as defined
19in s. 395.002(9) or admission to an ambulatory surgical center
20as defined in s. 395.002(3) or a hospital as defined in s.
21395.002(12) Florida local advocacy council in the appropriate
22district of the department as to every report of institutional
23child abuse, abandonment, or neglect in the district in which a
24client of the department is alleged or shown to have been
25abused, abandoned, or neglected, which notification shall be
26made within 48 hours after the department commences its
27investigation.
28     Section 20.  Paragraph (v) of subsection (1) of section
29215.22, Florida Statutes, is redesignated as paragraph (u), and
30present paragraph (u) of that subsection is amended to read:
31     215.22  Certain income and certain trust funds exempt.--
32     (1)  The following income of a revenue nature or the
33following trust funds shall be exempt from the appropriation
34required by s. 215.20(1):
35     (u)  The Florida Center for Nursing Trust Fund.
36     Section 21.  Paragraph (c) of subsection (5) and subsection
37(12) of section 394.459, Florida Statutes, are amended to read:
38     394.459  Rights of patients.--
39     (5)  COMMUNICATION, ABUSE REPORTING, AND VISITS.--
40     (c)  Each facility must permit immediate access to any
41patient, subject to the patient's right to deny or withdraw
42consent at any time, by the patient's family members, guardian,
43guardian advocate, representative, Florida statewide or local
44advocacy council, or attorney, unless such access would be
45detrimental to the patient. If a patient's right to communicate
46or to receive visitors is restricted by the facility, written
47notice of such restriction and the reasons for the restriction
48shall be served on the patient, the patient's attorney, and the
49patient's guardian, guardian advocate, or representative; and
50such restriction shall be recorded on the patient's clinical
51record with the reasons therefor. The restriction of a patient's
52right to communicate or to receive visitors shall be reviewed at
53least every 7 days. The right to communicate or receive visitors
54shall not be restricted as a means of punishment. Nothing in
55this paragraph shall be construed to limit the provisions of
56paragraph (d).
57     (12)  POSTING OF NOTICE OF RIGHTS OF PATIENTS.--Each
58facility shall post a notice listing and describing, in the
59language and terminology that the persons to whom the notice is
60addressed can understand, the rights provided in this section.
61This notice shall include a statement that provisions of the
62federal Americans with Disabilities Act apply and the name and
63telephone number of a person to contact for further information.
64This notice shall be posted in a place readily accessible to
65patients and in a format easily seen by patients. This notice
66shall include the telephone number numbers of the Florida local
67advocacy council and Advocacy Center for Persons with
68Disabilities, Inc.
69     Section 22.  Paragraph (d) of subsection (2) of section
70394.4597, Florida Statutes, is amended to read:
71     394.4597  Persons to be notified; patient's
72representative.--
73     (2)  INVOLUNTARY PATIENTS.--
74     (d)  When the receiving or treatment facility selects a
75representative, first preference shall be given to a health care
76surrogate, if one has been previously selected by the patient.
77If the patient has not previously selected a health care
78surrogate, the selection, except for good cause documented in
79the patient's clinical record, shall be made from the following
80list in the order of listing:
81     1.  The patient's spouse.
82     2.  An adult child of the patient.
83     3.  A parent of the patient.
84     4.  The adult next of kin of the patient.
85     5.  An adult friend of the patient.
86     6.  The appropriate Florida local advocacy council as
87provided in s. 402.166.
88     Section 23.  Subsection (1) of section 394.4598, Florida
89Statutes, is amended to read:
90     394.4598  Guardian advocate.--
91     (1)  The administrator may petition the court for the
92appointment of a guardian advocate based upon the opinion of a
93psychiatrist that the patient is incompetent to consent to
94treatment. If the court finds that a patient is incompetent to
95consent to treatment and has not been adjudicated incapacitated
96and a guardian with the authority to consent to mental health
97treatment appointed, it shall appoint a guardian advocate. The
98patient has the right to have an attorney represent him or her
99at the hearing. If the person is indigent, the court shall
100appoint the office of the public defender to represent him or
101her at the hearing. The patient has the right to testify, cross-
102examine witnesses, and present witnesses. The proceeding shall
103be recorded either electronically or stenographically, and
104testimony shall be provided under oath. One of the professionals
105authorized to give an opinion in support of a petition for
106involuntary placement, as described in s. 394.4655 or s.
107394.467, must testify. A guardian advocate must meet the
108qualifications of a guardian contained in part IV of chapter
109744, except that a professional referred to in this part, an
110employee of the facility providing direct services to the
111patient under this part, a departmental employee, or a facility
112administrator, or member of the Florida local advocacy council
113shall not be appointed. A person who is appointed as a guardian
114advocate must agree to the appointment.
115     Section 24.  Paragraph (b) of subsection (2) of section
116394.4599, Florida Statutes, is amended to read:
117     394.4599  Notice.--
118     (2)  INVOLUNTARY PATIENTS.--
119     (b)  A receiving facility shall give prompt notice of the
120whereabouts of a patient who is being involuntarily held for
121examination, by telephone or in person within 24 hours after the
122patient's arrival at the facility, unless the patient requests
123that no notification be made. Contact attempts shall be
124documented in the patient's clinical record and shall begin as
125soon as reasonably possible after the patient's arrival. Notice
126that a patient is being admitted as an involuntary patient shall
127be given to the Florida local advocacy council no later than the
128next working day after the patient is admitted.
129     Section 25.  Subsection (5) of section 394.4615, Florida
130Statutes, is amended to read:
131     394.4615  Clinical records; confidentiality.--
132     (5)  Information from clinical records may be used by the
133Agency for Health Care Administration and, the department, and
134the Florida advocacy councils for the purpose of monitoring
135facility activity and complaints concerning facilities.
136     Section 26.  Paragraphs (h) and (i) of subsection (2) of
137section 400.0065, Florida Statutes, are redesignated as
138paragraphs (g) and (h), respectively, and present paragraph (g)
139of that subsection is amended to read:
140     400.0065  State Long-Term Care Ombudsman; duties and
141responsibilities.--
142     (2)  The State Long-Term Care Ombudsman shall have the duty
143and authority to:
144     (g)  Enter into a cooperative agreement with the Statewide
145Advocacy Council for the purpose of coordinating and avoiding
146duplication of advocacy services provided to residents.
147     Section 27.  Paragraph (a) of subsection (2) of section
148400.118, Florida Statutes, is amended to read:
149     400.118  Quality assurance; early warning system;
150monitoring; rapid response teams.--
151     (2)(a)  The agency shall establish within each district
152office one or more quality-of-care monitors, based on the number
153of nursing facilities in the district, to monitor all nursing
154facilities in the district on a regular, unannounced, aperiodic
155basis, including nights, evenings, weekends, and holidays.
156Quality-of-care monitors shall visit each nursing facility at
157least quarterly. Priority for additional monitoring visits shall
158be given to nursing facilities with a history of resident care
159deficiencies. Quality-of-care monitors shall be registered
160nurses who are trained and experienced in nursing facility
161regulation, standards of practice in long-term care, and
162evaluation of patient care. Individuals in these positions shall
163not be deployed by the agency as a part of the district survey
164team in the conduct of routine, scheduled surveys, but shall
165function solely and independently as quality-of-care monitors.
166Quality-of-care monitors shall assess the overall quality of
167life in the nursing facility and shall assess specific
168conditions in the facility directly related to resident care,
169including the operations of internal quality improvement and
170risk management programs and adverse incident reports. The
171quality-of-care monitor shall include in an assessment visit
172observation of the care and services rendered to residents and
173formal and informal interviews with residents, family members,
174facility staff, resident guests, volunteers, other regulatory
175staff, and representatives of a long-term care ombudsman council
176or Florida advocacy council.
177     Section 28.  Subsections (13) and (20) of section 400.141,
178Florida Statutes, are amended to read:
179     400.141  Administration and management of nursing home
180facilities.--Every licensed facility shall comply with all
181applicable standards and rules of the agency and shall:
182     (13)  Publicly display a poster provided by the agency
183containing the names, addresses, and telephone numbers for the
184state's abuse hotline, the State Long-Term Care Ombudsman, the
185Agency for Health Care Administration consumer hotline, the
186Advocacy Center for Persons with Disabilities, the Florida
187Statewide Advocacy Council, and the Medicaid Fraud Control Unit,
188with a clear description of the assistance to be expected from
189each.
190     (20)  Maintain general and professional liability insurance
191coverage that is in force at all times. In lieu of general and
192professional liability insurance coverage, a state-designated
193teaching nursing home and its affiliated assisted living
194facilities created under s. 430.80 may demonstrate proof of
195financial responsibility as provided in s. 430.80(3)(h).
196
197Facilities that have been awarded a Gold Seal under the program
198established in s. 400.235 may develop a plan to provide
199certified nursing assistant training as prescribed by federal
200regulations and state rules and may apply to the agency for
201approval of their program.
202     Section 29.  Paragraph (a) of subsection (1) of section
203415.1034, Florida Statutes, is amended to read:
204     415.1034  Mandatory reporting of abuse, neglect, or
205exploitation of vulnerable adults; mandatory reports of death.--
206     (1)  MANDATORY REPORTING.--
207     (a)  Any person, including, but not limited to, any:
208     1.  Physician, osteopathic physician, medical examiner,
209chiropractic physician, nurse, paramedic, emergency medical
210technician, or hospital personnel engaged in the admission,
211examination, care, or treatment of vulnerable adults;
212     2.  Health professional or mental health professional other
213than one listed in subparagraph 1.;
214     3.  Practitioner who relies solely on spiritual means for
215healing;
216     4.  Nursing home staff; assisted living facility staff;
217adult day care center staff; adult family-care home staff;
218social worker; or other professional adult care, residential, or
219institutional staff;
220     5.  State, county, or municipal criminal justice employee
221or law enforcement officer;
222     6.  An employee of the Department of Business and
223Professional Regulation conducting inspections of public lodging
224establishments under s. 509.032;
225     7.  Florida advocacy council member or Long-term care
226ombudsman council member; or
227     8.  Bank, savings and loan, or credit union officer,
228trustee, or employee,
229
230who knows, or has reasonable cause to suspect, that a vulnerable
231adult has been or is being abused, neglected, or exploited shall
232immediately report such knowledge or suspicion to the central
233abuse hotline.
234     Section 30.  Subsection (1) of section 415.104, Florida
235Statutes, is amended to read:
236     415.104  Protective investigations of cases of abuse,
237neglect, or exploitation of vulnerable adults; transmittal of
238records to state attorney.--
239     (1)(a)  The department shall, upon receipt of a report
240alleging abuse, neglect, or exploitation of a vulnerable adult,
241begin within 24 hours a protective investigation of the facts
242alleged therein. If a caregiver refuses to allow the department
243to begin a protective investigation or interferes with the
244conduct of such an investigation, the appropriate law
245enforcement agency shall be contacted for assistance. If, during
246the course of the investigation, the department has reason to
247believe that the abuse, neglect, or exploitation is perpetrated
248by a second party, the appropriate law enforcement agency and
249state attorney shall be orally notified. The department and the
250law enforcement agency shall cooperate to allow the criminal
251investigation to proceed concurrently with, and not be hindered
252by, the protective investigation. The department shall make a
253preliminary written report to the law enforcement agencies
254within 5 working days after the oral report. The department
255shall, within 24 hours after receipt of the report, notify the
256appropriate Florida local advocacy council, or long-term care
257ombudsman council, when appropriate, that an alleged abuse,
258neglect, or exploitation perpetrated by a second party has
259occurred. Notice to the Florida local advocacy council or long-
260term care ombudsman council may be accomplished orally or in
261writing and shall include the name and location of the
262vulnerable adult alleged to have been abused, neglected, or
263exploited and the nature of the report.
264     (b)  The department shall notify the Advocacy Center for
265Persons with Disabilities, Inc., as to every report of death or
266serious injury of a vulnerable adult that occurs in or at a
267facility, program, or service that is operated, licensed, or
268monitored by the Agency for Persons with Disabilities, the
269Department of Children and Family Services, or the Agency for
270Health Care Administration within 48 hours after the department
271commences its investigation. Notification shall include the name
272of the alleged victim; the name of the alleged perpetrator; the
273complete address, telephone number, and approximate age of each
274subject of the investigation; a brief description of the abuse
275or neglect, including physical, mental, or sexual injuries; a
276description of the victim's disability or infirmity; and the
277relationship of the victim to the alleged perpetrator. For
278purposes of this paragraph, "serious injury" means an emergency
279medical condition as defined in s. 395.002(8) or an injury to an
280individual that requires emergency services and care as defined
281in s. 395.002(9) or admission to an ambulatory surgical center
282as defined in s. 395.002(3) or a hospital as defined in s.
283395.002(12).
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287
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288
D I R E C T O R Y  A M E N D M E N T
289     Remove lines 2346-2348 and insert:
290     Section 19.  Subsection (4) of section 39.302, Florida
291Statutes, is
292
293
294
295
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296
T I T L E  A M E N D M E N T
297     Remove lines 106-109 and insert:
298Florida Center for Nursing Trust Fund; amending s. 39.302, F.S.;
299requiring the Department of Children and Family Services to
300provide notice to the Advocacy Center for Persons with
301Disabilities, Inc., of reports of death or serious injury of a
302client of the department who is a child with a disability within
303a specified timeframe; providing for contents of the notice;
304defining the term "serious injury"; amending s. 415.104, F.S.;
305conforming provisions to changes made by the act; requiring the
306Department of Children and Family Services to provide notice to
307the Advocacy Center for Persons with Disabilities, Inc., of
308reports of death or serious injury of a vulnerable adult that
309occurs in a facility, program, or service operated, licensed, or
310monitored by the Agency for Persons with Disabilities, the
311Department of Children and Family Services, or the Agency for
312Health Care Administration within a specified timeframe;
313providing for contents of the notice; defining the term "serious
314injury"; amending ss. 39.001, 39.0011, 39.202, 215.22, 394.459,
315394.4597, 394.4598, 394.4599, 394.4615, 400.0065, 400.118,
316400.141, 415.1034, 415.1055, 415.106, 415.107,


CODING: Words stricken are deletions; words underlined are additions.