Florida Senate - 2011 CS for SB 692
By the Committee on Rules; and Senator Richter
595-05235-11 2011692c1
1 A bill to be entitled
2 An act relating to assisted living facilities;
3 amending s. 429.19, F.S.; removing a requirement that
4 the Agency for Health Care Administration disseminate
5 annually a printed list of assisted living facilities
6 sanctioned or fined to specified agencies and
7 departments; amending s. 429.23, F.S.; removing
8 reporting requirements for assisted living facilities
9 relating to liability claims; amending s. 429.35,
10 F.S.; removing an obsolete reporting requirement;
11 amending s. 429.41, F.S.; removing a provision
12 requiring the Department of Elderly Affairs to submit
13 to the Legislature for review and comment a copy of
14 proposed department rules establishing standards for
15 resident care; repealing s. 429.54, F.S., relating to
16 a provision that authorizes the Department of Elderly
17 Affairs to collect information regarding the cost of
18 providing certain services in facilities and to
19 conduct field visits and audits and a provision
20 authorizing a local subsidy; providing an effective
21 date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (9) of section 429.19, Florida
26 Statutes, is amended to read:
27 429.19 Violations; imposition of administrative fines;
28 grounds.—
29 (9) The agency shall develop and disseminate an annual list
30 of all facilities sanctioned or fined for violations of state
31 standards, the number and class of violations involved, the
32 penalties imposed, and the current status of cases. The list
33 shall be disseminated, at no charge, to the Department of
34 Elderly Affairs, the Department of Health, the Department of
35 Children and Family Services, the Agency for Persons with
36 Disabilities, the area agencies on aging, the Florida Statewide
37 Advocacy Council, and the state and local ombudsman councils.
38 The Department of Children and Family Services shall disseminate
39 the list to service providers under contract to the department
40 who are responsible for referring persons to a facility for
41 residency. The agency may charge a fee commensurate with the
42 cost of printing and postage to other interested parties
43 requesting a copy of this list. This information may be provided
44 electronically or through the agency’s Internet site.
45 Section 2. Subsections (6) through (10) of section 429.23,
46 Florida Statutes, are redesignated as subsections (5) through
47 (9), respectively, and present subsection (5) of that section is
48 amended to read:
49 429.23 Internal risk management and quality assurance
50 program; adverse incidents and reporting requirements.—
51 (5) Each facility shall report monthly to the agency any
52 liability claim filed against it. The report must include the
53 name of the resident, the dates of the incident leading to the
54 claim, if applicable, and the type of injury or violation of
55 rights alleged to have occurred. This report is not discoverable
56 in any civil or administrative action, except in such actions
57 brought by the agency to enforce the provisions of this part.
58 Section 3. Subsection (3) of section 429.35, Florida
59 Statutes, is redesignated as subsection (2), and present
60 subsection (2) of that section is amended to read:
61 429.35 Maintenance of records; reports.—
62 (2) Within 60 days after the date of the biennial
63 inspection visit required under s. 408.811 or within 30 days
64 after the date of any interim visit, the agency shall forward
65 the results of the inspection to the local ombudsman council in
66 whose planning and service area, as defined in part II of
67 chapter 400, the facility is located; to at least one public
68 library or, in the absence of a public library, the county seat
69 in the county in which the inspected assisted living facility is
70 located; and, when appropriate, to the district Adult Services
71 and Mental Health Program Offices.
72 Section 4. Subsections (4) and (5) of section 429.41,
73 Florida Statutes, are redesignated as subsections (3) and (4),
74 respectively, and present subsection (3) of that section is
75 amended to read:
76 429.41 Rules establishing standards.—
77 (3) The department shall submit a copy of proposed rules to
78 the Speaker of the House of Representatives, the President of
79 the Senate, and appropriate committees of substance for review
80 and comment prior to the promulgation thereof. Rules promulgated
81 by the department shall encourage the development of homelike
82 facilities which promote the dignity, individuality, personal
83 strengths, and decisionmaking ability of residents.
84 Section 5. Section 429.54, Florida Statutes, is repealed.
85 Section 6. This act shall take effect July 1, 2011.