Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 692
Barcode 615608
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/27/2011 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Rules (Richter) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (9) of section 429.19, Florida
6 Statutes, is amended to read:
7 429.19 Violations; imposition of administrative fines;
8 grounds.—
9 (9) The agency shall develop and disseminate an annual list
10 of all facilities sanctioned or fined for violations of state
11 standards, the number and class of violations involved, the
12 penalties imposed, and the current status of cases. The list
13 shall be disseminated, at no charge, to the Department of
14 Elderly Affairs, the Department of Health, the Department of
15 Children and Family Services, the Agency for Persons with
16 Disabilities, the area agencies on aging, the Florida Statewide
17 Advocacy Council, and the state and local ombudsman councils.
18 The Department of Children and Family Services shall disseminate
19 the list to service providers under contract to the department
20 who are responsible for referring persons to a facility for
21 residency. The agency may charge a fee commensurate with the
22 cost of printing and postage to other interested parties
23 requesting a copy of this list. This information may be provided
24 electronically or through the agency’s Internet site.
25 Section 2. Subsections (6) through (10) of section 429.23,
26 Florida Statutes, are redesignated as subsections (5) through
27 (9), respectively, and present subsection (5) of that section is
28 amended to read:
29 429.23 Internal risk management and quality assurance
30 program; adverse incidents and reporting requirements.—
31 (5) Each facility shall report monthly to the agency any
32 liability claim filed against it. The report must include the
33 name of the resident, the dates of the incident leading to the
34 claim, if applicable, and the type of injury or violation of
35 rights alleged to have occurred. This report is not discoverable
36 in any civil or administrative action, except in such actions
37 brought by the agency to enforce the provisions of this part.
38 Section 3. Subsection (3) of section 429.35, Florida
39 Statutes, is redesignated as subsection (2), and present
40 subsection (2) of that section is amended to read:
41 429.35 Maintenance of records; reports.—
42 (2) Within 60 days after the date of the biennial
43 inspection visit required under s. 408.811 or within 30 days
44 after the date of any interim visit, the agency shall forward
45 the results of the inspection to the local ombudsman council in
46 whose planning and service area, as defined in part II of
47 chapter 400, the facility is located; to at least one public
48 library or, in the absence of a public library, the county seat
49 in the county in which the inspected assisted living facility is
50 located; and, when appropriate, to the district Adult Services
51 and Mental Health Program Offices.
52 Section 4. Subsections (4) and (5) of section 429.41,
53 Florida Statutes, are redesignated as subsections (3) and (4),
54 respectively, and present subsection (3) of that section is
55 amended to read:
56 429.41 Rules establishing standards.—
57 (3) The department shall submit a copy of proposed rules to
58 the Speaker of the House of Representatives, the President of
59 the Senate, and appropriate committees of substance for review
60 and comment prior to the promulgation thereof. Rules promulgated
61 by the department shall encourage the development of homelike
62 facilities which promote the dignity, individuality, personal
63 strengths, and decisionmaking ability of residents.
64 Section 5. Section 429.54, Florida Statutes, is repealed.
65 Section 6. This act shall take effect July 1, 2011.
66
67 ================= T I T L E A M E N D M E N T ================
68 And the title is amended as follows:
69 Delete everything before the enacting clause
70 and insert:
71 A bill to be entitled
72 An act relating to assisted living facilities;
73 amending s. 429.19, F.S.; removing a requirement that
74 the Agency for Health Care Administration disseminate
75 annually a printed list of assisted living facilities
76 sanctioned or fined to specified agencies and
77 departments; amending s. 429.23, F.S.; removing
78 reporting requirements for assisted living facilities
79 relating to liability claims; amending s. 429.35,
80 F.S.; removing an obsolete reporting requirement;
81 amending s. 429.41, F.S.; removing a provision
82 requiring the Department of Elderly Affairs to submit
83 to the Legislature for review and comment a copy of
84 proposed department rules establishing standards for
85 resident care; repealing s. 429.54, F.S., relating to
86 a provision that authorizes the Department of Elderly
87 Affairs to collect information regarding the cost of
88 providing certain services in facilities and to
89 conduct field visits and audits and a provision
90 authorizing a local subsidy; providing an effective
91 date.