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 list30of all facilities sanctioned or fined for violations of state31standards, the number and class of violations involved, the32penalties imposed, and the current status of cases. The list33shall be disseminated, at no charge, to the Department of34Elderly Affairs, the Department of Health, the Department of35Children and Family Services, the Agency for Persons with36Disabilities, the area agencies on aging, the Florida Statewide37Advocacy Council, and the state and local ombudsman councils.38The Department of Children and Family Services shall disseminate39the list to service providers under contract to the department40who are responsible for referring persons to a facility for41residency. The agency may charge a fee commensurate with the42cost of printing and postage to other interested parties43requesting a copy of this list. This information may be provided44electronically 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 any52liability claim filed against it. The report must include the53name of the resident, the dates of the incident leading to the54claim, if applicable, and the type of injury or violation of55rights alleged to have occurred. This report is not discoverable56in any civil or administrative action, except in such actions57brought 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 biennial63inspection visit required under s.408.811or within 30 days64after the date of any interim visit, the agency shall forward65the results of the inspection to the local ombudsman council in66whose planning and service area, as defined in part II of67chapter 400, the facility is located; to at least one public68library or, in the absence of a public library, the county seat69in the county in which the inspected assisted living facility is70located; and, when appropriate, to the district Adult Services71and 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 to78the Speaker of the House of Representatives, the President of79the Senate, and appropriate committees of substance for review80and comment prior to the promulgation thereof. Rules promulgated81by the department shall encourage the development of homelike82facilities which promote the dignity, individuality, personal83strengths, 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.