1 | Representative Ausley offered the following: |
2 |
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3 | Amendment (with directory and title amendments) |
4 | Remove lines 2352-2594 and insert: |
5 | (4) The department shall notify the Advocacy Center for |
6 | Persons with Disabilities, Inc., as to every report of death or |
7 | serious injury of a client of the department who is a child with |
8 | a disability within 48 hours after the department commences its |
9 | investigation. Notification shall include the name of the |
10 | alleged victim; the name of the alleged perpetrator; the |
11 | complete address, telephone number, and approximate age of each |
12 | subject of the investigation; a brief description of the abuse |
13 | or neglect, including physical, mental, or sexual injuries; a |
14 | description of the victim's disability; and the relationship of |
15 | the victim to the alleged perpetrator. For purposes of this |
16 | subsection, "serious injury" means an emergency medical |
17 | condition as defined in s. 395.002(8) or an injury to an |
18 | individual that requires emergency services and care as defined |
19 | in s. 395.002(9) or admission to an ambulatory surgical center |
20 | as defined in s. 395.002(3) or a hospital as defined in s. |
21 | 395.002(12) Florida local advocacy council in the appropriate |
22 | district of the department as to every report of institutional |
23 | child abuse, abandonment, or neglect in the district in which a |
24 | client of the department is alleged or shown to have been |
25 | abused, abandoned, or neglected, which notification shall be |
26 | made within 48 hours after the department commences its |
27 | investigation. |
28 | Section 20. Paragraph (v) of subsection (1) of section |
29 | 215.22, Florida Statutes, is redesignated as paragraph (u), and |
30 | present 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 |
33 | following trust funds shall be exempt from the appropriation |
34 | required 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 |
41 | patient, subject to the patient's right to deny or withdraw |
42 | consent at any time, by the patient's family members, guardian, |
43 | guardian advocate, representative, Florida statewide or local |
44 | advocacy council, or attorney, unless such access would be |
45 | detrimental to the patient. If a patient's right to communicate |
46 | or to receive visitors is restricted by the facility, written |
47 | notice of such restriction and the reasons for the restriction |
48 | shall be served on the patient, the patient's attorney, and the |
49 | patient's guardian, guardian advocate, or representative; and |
50 | such restriction shall be recorded on the patient's clinical |
51 | record with the reasons therefor. The restriction of a patient's |
52 | right to communicate or to receive visitors shall be reviewed at |
53 | least every 7 days. The right to communicate or receive visitors |
54 | shall not be restricted as a means of punishment. Nothing in |
55 | this paragraph shall be construed to limit the provisions of |
56 | paragraph (d). |
57 | (12) POSTING OF NOTICE OF RIGHTS OF PATIENTS.--Each |
58 | facility shall post a notice listing and describing, in the |
59 | language and terminology that the persons to whom the notice is |
60 | addressed can understand, the rights provided in this section. |
61 | This notice shall include a statement that provisions of the |
62 | federal Americans with Disabilities Act apply and the name and |
63 | telephone number of a person to contact for further information. |
64 | This notice shall be posted in a place readily accessible to |
65 | patients and in a format easily seen by patients. This notice |
66 | shall include the telephone number numbers of the Florida local |
67 | advocacy council and Advocacy Center for Persons with |
68 | Disabilities, Inc. |
69 | Section 22. Paragraph (d) of subsection (2) of section |
70 | 394.4597, Florida Statutes, is amended to read: |
71 | 394.4597 Persons to be notified; patient's |
72 | representative.-- |
73 | (2) INVOLUNTARY PATIENTS.-- |
74 | (d) When the receiving or treatment facility selects a |
75 | representative, first preference shall be given to a health care |
76 | surrogate, if one has been previously selected by the patient. |
77 | If the patient has not previously selected a health care |
78 | surrogate, the selection, except for good cause documented in |
79 | the patient's clinical record, shall be made from the following |
80 | list 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 |
87 | provided in s. 402.166. |
88 | Section 23. Subsection (1) of section 394.4598, Florida |
89 | Statutes, is amended to read: |
90 | 394.4598 Guardian advocate.-- |
91 | (1) The administrator may petition the court for the |
92 | appointment of a guardian advocate based upon the opinion of a |
93 | psychiatrist that the patient is incompetent to consent to |
94 | treatment. If the court finds that a patient is incompetent to |
95 | consent to treatment and has not been adjudicated incapacitated |
96 | and a guardian with the authority to consent to mental health |
97 | treatment appointed, it shall appoint a guardian advocate. The |
98 | patient has the right to have an attorney represent him or her |
99 | at the hearing. If the person is indigent, the court shall |
100 | appoint the office of the public defender to represent him or |
101 | her at the hearing. The patient has the right to testify, cross- |
102 | examine witnesses, and present witnesses. The proceeding shall |
103 | be recorded either electronically or stenographically, and |
104 | testimony shall be provided under oath. One of the professionals |
105 | authorized to give an opinion in support of a petition for |
106 | involuntary placement, as described in s. 394.4655 or s. |
107 | 394.467, must testify. A guardian advocate must meet the |
108 | qualifications of a guardian contained in part IV of chapter |
109 | 744, except that a professional referred to in this part, an |
110 | employee of the facility providing direct services to the |
111 | patient under this part, a departmental employee, or a facility |
112 | administrator, or member of the Florida local advocacy council |
113 | shall not be appointed. A person who is appointed as a guardian |
114 | advocate must agree to the appointment. |
115 | Section 24. Paragraph (b) of subsection (2) of section |
116 | 394.4599, 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 |
120 | whereabouts of a patient who is being involuntarily held for |
121 | examination, by telephone or in person within 24 hours after the |
122 | patient's arrival at the facility, unless the patient requests |
123 | that no notification be made. Contact attempts shall be |
124 | documented in the patient's clinical record and shall begin as |
125 | soon as reasonably possible after the patient's arrival. Notice |
126 | that a patient is being admitted as an involuntary patient shall |
127 | be given to the Florida local advocacy council no later than the |
128 | next working day after the patient is admitted. |
129 | Section 25. Subsection (5) of section 394.4615, Florida |
130 | Statutes, is amended to read: |
131 | 394.4615 Clinical records; confidentiality.-- |
132 | (5) Information from clinical records may be used by the |
133 | Agency for Health Care Administration and, the department, and |
134 | the Florida advocacy councils for the purpose of monitoring |
135 | facility activity and complaints concerning facilities. |
136 | Section 26. Paragraphs (h) and (i) of subsection (2) of |
137 | section 400.0065, Florida Statutes, are redesignated as |
138 | paragraphs (g) and (h), respectively, and present paragraph (g) |
139 | of that subsection is amended to read: |
140 | 400.0065 State Long-Term Care Ombudsman; duties and |
141 | responsibilities.-- |
142 | (2) The State Long-Term Care Ombudsman shall have the duty |
143 | and authority to: |
144 | (g) Enter into a cooperative agreement with the Statewide |
145 | Advocacy Council for the purpose of coordinating and avoiding |
146 | duplication of advocacy services provided to residents. |
147 | Section 27. Paragraph (a) of subsection (2) of section |
148 | 400.118, Florida Statutes, is amended to read: |
149 | 400.118 Quality assurance; early warning system; |
150 | monitoring; rapid response teams.-- |
151 | (2)(a) The agency shall establish within each district |
152 | office one or more quality-of-care monitors, based on the number |
153 | of nursing facilities in the district, to monitor all nursing |
154 | facilities in the district on a regular, unannounced, aperiodic |
155 | basis, including nights, evenings, weekends, and holidays. |
156 | Quality-of-care monitors shall visit each nursing facility at |
157 | least quarterly. Priority for additional monitoring visits shall |
158 | be given to nursing facilities with a history of resident care |
159 | deficiencies. Quality-of-care monitors shall be registered |
160 | nurses who are trained and experienced in nursing facility |
161 | regulation, standards of practice in long-term care, and |
162 | evaluation of patient care. Individuals in these positions shall |
163 | not be deployed by the agency as a part of the district survey |
164 | team in the conduct of routine, scheduled surveys, but shall |
165 | function solely and independently as quality-of-care monitors. |
166 | Quality-of-care monitors shall assess the overall quality of |
167 | life in the nursing facility and shall assess specific |
168 | conditions in the facility directly related to resident care, |
169 | including the operations of internal quality improvement and |
170 | risk management programs and adverse incident reports. The |
171 | quality-of-care monitor shall include in an assessment visit |
172 | observation of the care and services rendered to residents and |
173 | formal and informal interviews with residents, family members, |
174 | facility staff, resident guests, volunteers, other regulatory |
175 | staff, and representatives of a long-term care ombudsman council |
176 | or Florida advocacy council. |
177 | Section 28. Subsections (13) and (20) of section 400.141, |
178 | Florida Statutes, are amended to read: |
179 | 400.141 Administration and management of nursing home |
180 | facilities.--Every licensed facility shall comply with all |
181 | applicable standards and rules of the agency and shall: |
182 | (13) Publicly display a poster provided by the agency |
183 | containing the names, addresses, and telephone numbers for the |
184 | state's abuse hotline, the State Long-Term Care Ombudsman, the |
185 | Agency for Health Care Administration consumer hotline, the |
186 | Advocacy Center for Persons with Disabilities, the Florida |
187 | Statewide Advocacy Council, and the Medicaid Fraud Control Unit, |
188 | with a clear description of the assistance to be expected from |
189 | each. |
190 | (20) Maintain general and professional liability insurance |
191 | coverage that is in force at all times. In lieu of general and |
192 | professional liability insurance coverage, a state-designated |
193 | teaching nursing home and its affiliated assisted living |
194 | facilities created under s. 430.80 may demonstrate proof of |
195 | financial responsibility as provided in s. 430.80(3)(h). |
196 |
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197 | Facilities that have been awarded a Gold Seal under the program |
198 | established in s. 400.235 may develop a plan to provide |
199 | certified nursing assistant training as prescribed by federal |
200 | regulations and state rules and may apply to the agency for |
201 | approval of their program. |
202 | Section 29. Paragraph (a) of subsection (1) of section |
203 | 415.1034, Florida Statutes, is amended to read: |
204 | 415.1034 Mandatory reporting of abuse, neglect, or |
205 | exploitation 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, |
209 | chiropractic physician, nurse, paramedic, emergency medical |
210 | technician, or hospital personnel engaged in the admission, |
211 | examination, care, or treatment of vulnerable adults; |
212 | 2. Health professional or mental health professional other |
213 | than one listed in subparagraph 1.; |
214 | 3. Practitioner who relies solely on spiritual means for |
215 | healing; |
216 | 4. Nursing home staff; assisted living facility staff; |
217 | adult day care center staff; adult family-care home staff; |
218 | social worker; or other professional adult care, residential, or |
219 | institutional staff; |
220 | 5. State, county, or municipal criminal justice employee |
221 | or law enforcement officer; |
222 | 6. An employee of the Department of Business and |
223 | Professional Regulation conducting inspections of public lodging |
224 | establishments under s. 509.032; |
225 | 7. Florida advocacy council member or Long-term care |
226 | ombudsman council member; or |
227 | 8. Bank, savings and loan, or credit union officer, |
228 | trustee, or employee, |
229 |
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230 | who knows, or has reasonable cause to suspect, that a vulnerable |
231 | adult has been or is being abused, neglected, or exploited shall |
232 | immediately report such knowledge or suspicion to the central |
233 | abuse hotline. |
234 | Section 30. Subsection (1) of section 415.104, Florida |
235 | Statutes, is amended to read: |
236 | 415.104 Protective investigations of cases of abuse, |
237 | neglect, or exploitation of vulnerable adults; transmittal of |
238 | records to state attorney.-- |
239 | (1)(a) The department shall, upon receipt of a report |
240 | alleging abuse, neglect, or exploitation of a vulnerable adult, |
241 | begin within 24 hours a protective investigation of the facts |
242 | alleged therein. If a caregiver refuses to allow the department |
243 | to begin a protective investigation or interferes with the |
244 | conduct of such an investigation, the appropriate law |
245 | enforcement agency shall be contacted for assistance. If, during |
246 | the course of the investigation, the department has reason to |
247 | believe that the abuse, neglect, or exploitation is perpetrated |
248 | by a second party, the appropriate law enforcement agency and |
249 | state attorney shall be orally notified. The department and the |
250 | law enforcement agency shall cooperate to allow the criminal |
251 | investigation to proceed concurrently with, and not be hindered |
252 | by, the protective investigation. The department shall make a |
253 | preliminary written report to the law enforcement agencies |
254 | within 5 working days after the oral report. The department |
255 | shall, within 24 hours after receipt of the report, notify the |
256 | appropriate Florida local advocacy council, or long-term care |
257 | ombudsman council, when appropriate, that an alleged abuse, |
258 | neglect, or exploitation perpetrated by a second party has |
259 | occurred. Notice to the Florida local advocacy council or long- |
260 | term care ombudsman council may be accomplished orally or in |
261 | writing and shall include the name and location of the |
262 | vulnerable adult alleged to have been abused, neglected, or |
263 | exploited and the nature of the report. |
264 | (b) The department shall notify the Advocacy Center for |
265 | Persons with Disabilities, Inc., as to every report of death or |
266 | serious injury of a vulnerable adult that occurs in or at a |
267 | facility, program, or service that is operated, licensed, or |
268 | monitored by the Agency for Persons with Disabilities, the |
269 | Department of Children and Family Services, or the Agency for |
270 | Health Care Administration within 48 hours after the department |
271 | commences its investigation. Notification shall include the name |
272 | of the alleged victim; the name of the alleged perpetrator; the |
273 | complete address, telephone number, and approximate age of each |
274 | subject of the investigation; a brief description of the abuse |
275 | or neglect, including physical, mental, or sexual injuries; a |
276 | description of the victim's disability or infirmity; and the |
277 | relationship of the victim to the alleged perpetrator. For |
278 | purposes of this paragraph, "serious injury" means an emergency |
279 | medical condition as defined in s. 395.002(8) or an injury to an |
280 | individual that requires emergency services and care as defined |
281 | in s. 395.002(9) or admission to an ambulatory surgical center |
282 | as defined in s. 395.002(3) or a hospital as defined in s. |
283 | 395.002(12). |
284 |
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285 |
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286 |
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287 | ----------------------------------------------------- |
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 |
291 | Statutes, is |
292 |
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293 |
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294 |
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295 | ----------------------------------------------------- |
296 | T I T L E A M E N D M E N T |
297 | Remove lines 106-109 and insert: |
298 | Florida Center for Nursing Trust Fund; amending s. 39.302, F.S.; |
299 | requiring the Department of Children and Family Services to |
300 | provide notice to the Advocacy Center for Persons with |
301 | Disabilities, Inc., of reports of death or serious injury of a |
302 | client of the department who is a child with a disability within |
303 | a specified timeframe; providing for contents of the notice; |
304 | defining the term "serious injury"; amending s. 415.104, F.S.; |
305 | conforming provisions to changes made by the act; requiring the |
306 | Department of Children and Family Services to provide notice to |
307 | the Advocacy Center for Persons with Disabilities, Inc., of |
308 | reports of death or serious injury of a vulnerable adult that |
309 | occurs in a facility, program, or service operated, licensed, or |
310 | monitored by the Agency for Persons with Disabilities, the |
311 | Department of Children and Family Services, or the Agency for |
312 | Health Care Administration within a specified timeframe; |
313 | providing for contents of the notice; defining the term "serious |
314 | injury"; amending ss. 39.001, 39.0011, 39.202, 215.22, 394.459, |
315 | 394.4597, 394.4598, 394.4599, 394.4615, 400.0065, 400.118, |
316 | 400.141, 415.1034, 415.1055, 415.106, 415.107, |