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.