Florida Senate - 2011                                    SB 1658
       
       
       
       By Senator Detert
       
       
       
       
       23-01700A-11                                          20111658__
    1                        A bill to be entitled                      
    2         An act relating to the Long-Term Care Ombudsman
    3         Program; amending ss. 400.0060 and 400.0067, F.S.;
    4         removing references to onsite administrative
    5         assessments and conforming cross-references to changes
    6         made by the act; amending s. 400.0061, F.S.; revising
    7         legislative intent; amending s. 400.0069, F.S.;
    8         providing additional duties of the local long-term
    9         care ombudsman councils; amending s. 400.0071, F.S.;
   10         revising rules relating to State Long-Term Care
   11         Ombudsman Program complaint procedures; repealing s.
   12         400.0074, F.S., relating to a requirement that local
   13         ombudsman councils conduct onsite administrative
   14         assessments; amending s. 400.0081, F.S.; requiring
   15         written consent of a resident of a long-term care
   16         facility for release of medical records; repealing s.
   17         400.0089, F.S., relating to data reports regarding
   18         complaints about and conditions in long-term care
   19         facilities; amending s. 400.19, F.S.; revising
   20         conditions under which the Agency for Health Care
   21         Administration is required to conduct unannounced
   22         onsite facility reviews; amending s. 400.235, F.S.;
   23         eliminating the role of the State Long-Term Care
   24         Ombudsman Council in evaluating a nursing facility for
   25         the Gold Seal Program; providing an effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsections (2) through (10) of section
   30  400.0060, Florida Statutes, are renumbered as subsections (1)
   31  through (9), respectively, and present subsection (1) of that
   32  section is amended to read:
   33         400.0060 Definitions.—When used in this part, unless the
   34  context clearly dictates otherwise, the term:
   35         (1) “Administrative assessment” means a review of
   36  conditions in a long-term care facility which impact the rights,
   37  health, safety, and welfare of residents with the purpose of
   38  noting needed improvement and making recommendations to enhance
   39  the quality of life for residents.
   40         Section 2. Subsection (2) of section 400.0061, Florida
   41  Statutes, is amended to read:
   42         400.0061 Legislative findings and intent; long-term care
   43  facilities.—
   44         (2) It is the intent of the Legislature, therefore, to
   45  utilize voluntary citizen ombudsman councils under the
   46  leadership of the ombudsman, and through them to operate an
   47  ombudsman program which shall, without interference by any
   48  executive agency, undertake to discover, investigate, and
   49  determine the presence of conditions or individuals which
   50  constitute a threat to the rights, health, safety, or welfare of
   51  the residents of long-term care facilities. To ensure that the
   52  effectiveness and efficiency of such investigations are not
   53  impeded by advance notice or delay, the Legislature intends that
   54  the ombudsman and ombudsman councils and their designated
   55  representatives not be required to obtain warrants in order to
   56  enter into a long-term care facility to conduct the duties of
   57  the Office of State Long-Term Care Ombudsman, the State Long
   58  Term Care Ombudsman Council, or a local long-term care ombudsman
   59  council or conduct investigations or onsite administrative
   60  assessments of long-term care facilities. It is the further
   61  intent of the Legislature that the environment in long-term care
   62  facilities be conducive to the dignity and independence of
   63  residents and that investigations by ombudsman councils shall
   64  further the enforcement of laws, rules, and regulations that
   65  safeguard the health, safety, and welfare of residents.
   66         Section 3. Paragraph (b) of subsection (2) of section
   67  400.0067, Florida Statutes, is amended to read:
   68         400.0067 State Long-Term Care Ombudsman Council; duties;
   69  membership.—
   70         (2) The State Long-Term Care Ombudsman Council shall:
   71         (b) Serve as an appellate body in receiving from the local
   72  councils complaints not resolved at the local level. Any
   73  individual member or members of the state council may enter any
   74  long-term care facility involved in an appeal, pursuant to the
   75  conditions specified in s. 400.0074(2).
   76         Section 4. Subsection (3) of section 400.0069, Florida
   77  Statutes, is amended, and paragraphs (h) and (i) are added to
   78  subsection (2) of that section, to read:
   79         400.0069 Local long-term care ombudsman councils; duties;
   80  membership.—
   81         (2) The duties of the local councils are to:
   82         (h) Ensure that residents have regular, timely access to
   83  the ombudsman through visitations and that residents and
   84  complainants receive timely responses to their complaints.
   85         (i) Provide technical support for the development of
   86  resident and family councils to protect the well-being and
   87  rights of residents.
   88         (3) In order to carry out the duties specified in
   89  subsection (2), a member of a local council is authorized to
   90  enter any long-term care facility without notice or first
   91  obtaining a warrant, subject to the provisions of s.
   92  400.0074(2).
   93         Section 5. Section 400.0071, Florida Statutes, is amended
   94  to read:
   95         400.0071 State Long-Term Care Ombudsman Program complaint
   96  procedures.—The department shall adopt rules implementing state
   97  and local complaint procedures. The rules must include
   98  procedures for:
   99         (1) Receiving complaints made by or on behalf of long-term
  100  care facility residents against a long-term care facility or an
  101  employee of a long-term care facility.
  102         (2) Conducting complaint investigations on behalf of long
  103  term care facility residents of a long-term care facility or an
  104  employee of a long-term care facility subsequent to receiving a
  105  complaint.
  106         (3) Conducting onsite administrative assessments of long
  107  term care facilities.
  108         Section 6. Section 400.0074, Florida Statutes, is repealed.
  109         Section 7. Paragraph (b) of subsection (1) of section
  110  400.0081, Florida Statutes, is amended to read:
  111         400.0081 Access to facilities, residents, and records.—
  112         (1) A long-term care facility shall provide the office, the
  113  state council and its members, and the local councils and their
  114  members access to:
  115         (b) Medical and social records of a resident for review as
  116  necessary to investigate or resolve a complaint, if:
  117         1. The office has the written permission of the resident or
  118  the legal representative of the resident and presents that
  119  permission to the long-term care facility; or
  120         2. The resident is unable to consent to the review and has
  121  no legal representative.
  122         Section 8. Section 400.0089, Florida Statutes, is repealed.
  123         Section 9. Subsection (4) of section 400.19, Florida
  124  Statutes, is amended to read:
  125         400.19 Right of entry and inspection.—
  126         (4) The agency shall conduct unannounced onsite facility
  127  reviews following written verification of licensee noncompliance
  128  in instances in which a long-term care ombudsman council,
  129  pursuant to ss. 400.0071 and 400.0075, has received a complaint
  130  and has documented deficiencies in resident care or in the
  131  physical plant of the facility that threaten the health, safety,
  132  or security of residents, or when the agency documents through
  133  inspection that conditions in a facility present a direct or
  134  indirect threat to the health, safety, or security of residents.
  135  However, the agency shall conduct unannounced onsite reviews
  136  every 3 months of each facility while the facility has a
  137  conditional license. Deficiencies related to physical plant do
  138  not require followup reviews after the agency has determined
  139  that correction of the deficiency has been accomplished and that
  140  the correction is of the nature that continued compliance can be
  141  reasonably expected.
  142         Section 10. Paragraphs (f) and (g) of subsection (5) of
  143  section 400.235, Florida Statutes, are amended to read:
  144         400.235 Nursing home quality and licensure status; Gold
  145  Seal Program.—
  146         (5) Facilities must meet the following additional criteria
  147  for recognition as a Gold Seal Program facility:
  148         (f) Evidence an outstanding record regarding the number and
  149  types of substantiated complaints reported to the State Long
  150  Term Care Ombudsman Council within the 30 months preceding
  151  application for the program.
  152         (f)(g) Provide targeted inservice training provided to meet
  153  training needs identified by internal or external quality
  154  assurance efforts.
  155  
  156  A facility assigned a conditional licensure status may not
  157  qualify for consideration for the Gold Seal Program until after
  158  it has operated for 30 months with no class I or class II
  159  deficiencies and has completed a regularly scheduled relicensure
  160  survey.
  161         Section 11. This act shall take effect July 1, 2011.