Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1212
       
       
       
       
       
       
                                Barcode 819690                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2013           .                                
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       The Committee on Children, Families, and Elder Affairs (Clemens)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 400.0060, Florida Statutes, is amended
    6  to read:
    7         400.0060 Definitions.—When used in this part, unless the
    8  context clearly dictates otherwise, the term:
    9         (1) “Administrative assessment” means a review of
   10  conditions in a long-term care facility which impact the rights,
   11  health, safety, and welfare of residents with the purpose of
   12  noting needed improvement and making recommendations to enhance
   13  the quality of life for residents.
   14         (2) “Agency” means the Agency for Health Care
   15  Administration.
   16         (3) “Department” means the Department of Elderly Affairs.
   17         (4) “District” means a geographical area designated by the
   18  state ombudsman in which individuals certified as ombudsmen
   19  carry out the duties of the state ombudsman program. “Local
   20  council” means a local long-term care ombudsman council
   21  designated by the ombudsman pursuant to s. 400.0069. Local
   22  councils are also known as district long-term care ombudsman
   23  councils or district councils.
   24         (5) “Long-term care facility” means a nursing home
   25  facility, assisted living facility, adult family-care home,
   26  board and care facility, facility where continuing long-term
   27  care is provided, or any other similar residential adult care
   28  facility.
   29         (6) “Office” means the Office of State Long-Term Care
   30  Ombudsman created by s. 400.0063.
   31         (7) “Ombudsman” means an individual who has been certified
   32  by the state ombudsman as meeting the requirements of ss.
   33  400.0069, 400.0070, and 400.0091 the individual appointed by the
   34  Secretary of Elderly Affairs to head the Office of State Long
   35  Term Care Ombudsman.
   36         (8) “Representative of the office” means the state
   37  ombudsman, an employee of the office, or an individual certified
   38  as an ombudsman.
   39         (9)(8) “Resident” means an individual 18 60 years of age or
   40  older who resides in a long-term care facility.
   41         (10)(9) “Secretary” means the Secretary of Elderly Affairs.
   42         (11)(10) “State council” means the State Long-Term Care
   43  Ombudsman Council created by s. 400.0067.
   44         (12) “State ombudsman” means the individual appointed by
   45  the Secretary of Elderly Affairs to head the Office of State
   46  Long-Term Care Ombudsman.
   47         (13) “State ombudsman program” means the program operating
   48  under the direction of the office.
   49         Section 2. Section 400.0061, Florida Statutes, is amended
   50  to read:
   51         400.0061 Legislative findings and intent; long-term care
   52  facilities.—
   53         (1) The Legislature finds that conditions in long-term care
   54  facilities in this state are such that the rights, health,
   55  safety, and welfare of residents are not fully ensured by rules
   56  of the Department of Elderly Affairs or the Agency for Health
   57  Care Administration or by the good faith of owners or operators
   58  of long-term care facilities. Furthermore, there is a need for a
   59  formal mechanism whereby a long-term care facility resident, a
   60  representative of a long-term care facility resident, or any
   61  other concerned citizen may make a complaint against the
   62  facility or its employees, or against other persons who are in a
   63  position to restrict, interfere with, or threaten the rights,
   64  health, safety, or welfare of a long-term care facility
   65  resident. The Legislature finds that concerned citizens are
   66  often more effective advocates for the rights of others than
   67  governmental agencies. The Legislature further finds that in
   68  order to be eligible to receive an allotment of funds authorized
   69  and appropriated under the federal Older Americans Act, the
   70  state must establish and operate an Office of State Long-Term
   71  Care Ombudsman, to be headed by the state Long-Term Care
   72  ombudsman, and carry out a state long-term care ombudsman
   73  program.
   74         (2) It is the intent of the Legislature, therefore, to
   75  utilize voluntary citizen ombudsmen ombudsman councils under the
   76  leadership of the state ombudsman, and, through them, to operate
   77  a state an ombudsman program, which shall, without interference
   78  by any executive agency, undertake to discover, investigate, and
   79  determine the presence of conditions or individuals who which
   80  constitute a threat to the rights, health, safety, or welfare of
   81  the residents of long-term care facilities. To ensure that the
   82  effectiveness and efficiency of such investigations are not
   83  impeded by advance notice or delay, the Legislature intends that
   84  representatives of the office ombudsman and ombudsman councils
   85  and their designated representatives not be required to obtain
   86  warrants in order to enter into or conduct investigations or
   87  onsite administrative assessments of long-term care facilities.
   88  It is the further intent of the Legislature that the environment
   89  in long-term care facilities be conducive to the dignity and
   90  independence of residents and that investigations by
   91  representatives of the office ombudsman councils shall further
   92  the enforcement of laws, rules, and regulations that safeguard
   93  the health, safety, and welfare of residents.
   94         Section 3. Section 400.0063, Florida Statutes, is amended
   95  to read:
   96         400.0063 Establishment of Office of State Long-Term Care
   97  Ombudsman; designation of ombudsman and legal advocate.—
   98         (1) There is created an Office of State Long-Term Care
   99  Ombudsman in the Department of Elderly Affairs.
  100         (2)(a) The Office of State Long-Term Care Ombudsman shall
  101  be headed by the state Long-Term Care ombudsman, who shall serve
  102  on a full-time basis and shall personally, or through
  103  representatives of the office, carry out the purposes and
  104  functions of the state ombudsman program office in accordance
  105  with state and federal law.
  106         (b) The state ombudsman shall be appointed by and shall
  107  serve at the pleasure of the Secretary of Elderly Affairs. The
  108  secretary shall appoint a person who has expertise and
  109  experience in the fields of long-term care and advocacy to serve
  110  as state ombudsman.
  111         (3)(a) There is created in the office the position of legal
  112  advocate, who shall be selected by and serve at the pleasure of
  113  the state ombudsman and shall be a member in good standing of
  114  The Florida Bar.
  115         (b) The duties of the legal advocate shall include, but not
  116  be limited to:
  117         1. Assisting the state ombudsman in carrying out the duties
  118  of the office with respect to the abuse, neglect, exploitation,
  119  or violation of rights of residents of long-term care
  120  facilities.
  121         2. Assisting the state council and representatives of the
  122  office local councils in carrying out their responsibilities
  123  under this part.
  124         3. Pursuing administrative, legal, and other appropriate
  125  remedies on behalf of residents.
  126         4. Serving as legal counsel to the state council and
  127  representatives of the office local councils, or individual
  128  members thereof, against whom any suit or other legal action is
  129  initiated in connection with the performance of the official
  130  duties of the state ombudsman program councils or an individual
  131  member.
  132         Section 4. Section 400.0065, Florida Statutes, is amended
  133  to read:
  134         400.0065 Office of State Long-Term Care Ombudsman; duties
  135  and responsibilities.—
  136         (1) The purpose of the Office of State Long-Term Care
  137  Ombudsman is shall be to:
  138         (a) Identify, investigate, and resolve complaints made by
  139  or on behalf of residents of long-term care facilities relating
  140  to actions or omissions by providers or representatives of
  141  providers of long-term care services, other public or private
  142  agencies, guardians, or representative payees that may adversely
  143  affect the health, safety, welfare, or rights of the residents.
  144         (b) Provide services that assist in protecting the health,
  145  safety, welfare, and rights of residents.
  146         (c) Inform residents, their representatives, and other
  147  citizens about obtaining the services of the state Long-Term
  148  Care ombudsman program and its representatives.
  149         (d) Ensure that residents have regular and timely access to
  150  the services provided through the office and that residents and
  151  complainants receive timely responses from representatives of
  152  the office to their complaints.
  153         (e) Represent the interests of residents before
  154  governmental agencies and seek administrative, legal, and other
  155  remedies to protect the health, safety, welfare, and rights of
  156  the residents.
  157         (f) Administer the state council and local councils.
  158         (g) Analyze, comment on, and monitor the development and
  159  implementation of federal, state, and local laws, rules, and
  160  regulations, and other governmental policies and actions, that
  161  pertain to the health, safety, welfare, and rights of the
  162  residents, with respect to the adequacy of long-term care
  163  facilities and services in the state, and recommend any changes
  164  in such laws, rules, regulations, policies, and actions as the
  165  office determines to be appropriate and necessary.
  166         (h) Provide technical support for the development of
  167  resident and family councils to protect the well-being and
  168  rights of residents.
  169         (2) The state Long-Term Care ombudsman has shall have the
  170  duty and authority to:
  171         (a) Establish and coordinate districts local councils
  172  throughout the state.
  173         (b) Perform the duties specified in state and federal law,
  174  rules, and regulations.
  175         (c) Within the limits of appropriated federal and state
  176  funding, employ such personnel as are necessary to perform
  177  adequately the functions of the office and provide or contract
  178  for legal services to assist the state council and
  179  representatives of the office local councils in the performance
  180  of their duties. Staff positions established for the purpose of
  181  coordinating the activities of each local council and assisting
  182  its members may be filled by the ombudsman after approval by the
  183  secretary. Notwithstanding any other provision of this part,
  184  upon certification by the ombudsman that the staff member hired
  185  to fill any such position has completed the initial training
  186  required under s. 400.0091, such person shall be considered a
  187  representative of the State Long-Term Care Ombudsman Program for
  188  purposes of this part.
  189         (d) Contract for services necessary to carry out the
  190  activities of the office.
  191         (e) Apply for, receive, and accept grants, gifts, or other
  192  payments, including, but not limited to, real property, personal
  193  property, and services from a governmental entity or other
  194  public or private entity or person, and make arrangements for
  195  the use of such grants, gifts, or payments.
  196         (f) Coordinate, to the greatest extent possible, state and
  197  local ombudsman services with the protection and advocacy
  198  systems for individuals with developmental disabilities and
  199  mental illnesses and with legal assistance programs for the poor
  200  through adoption of memoranda of understanding and other means.
  201         (g) Enter into a cooperative agreement with the Statewide
  202  Advocacy Council for the purpose of coordinating and avoiding
  203  duplication of advocacy services provided to residents.
  204         (g)(h) Enter into a cooperative agreement with the Medicaid
  205  Fraud Division as prescribed under s. 731(e)(2)(B) of the Older
  206  Americans Act.
  207         (h)(i) Prepare an annual report describing the activities
  208  carried out by the office, the state council, and the districts
  209  local councils in the year for which the report is prepared. The
  210  state ombudsman shall submit the report to the secretary, the
  211  United States Assistant Secretary for Aging, the Governor, the
  212  President of the Senate, the Speaker of the House of
  213  Representatives, the Secretary of Children and Families, and the
  214  Secretary of Health Care Administration at least 30 days before
  215  the convening of the regular session of the Legislature. The
  216  secretary shall in turn submit the report to the United States
  217  Assistant Secretary for Aging, the Governor, the President of
  218  the Senate, the Speaker of the House of Representatives, the
  219  Secretary of Children and Family Services, and the Secretary of
  220  Health Care Administration. The report shall, at a minimum:
  221         1. Contain and analyze data collected concerning complaints
  222  about and conditions in long-term care facilities and the
  223  disposition of such complaints.
  224         2. Evaluate the problems experienced by residents.
  225         3. Analyze the successes of the state ombudsman program
  226  during the preceding year, including an assessment of how
  227  successfully the office program has carried out its
  228  responsibilities under the Older Americans Act.
  229         4. Provide recommendations for policy, regulatory, and
  230  statutory changes designed to solve identified problems; resolve
  231  residents’ complaints; improve residents’ lives and quality of
  232  care; protect residents’ rights, health, safety, and welfare;
  233  and remove any barriers to the optimal operation of the state
  234  Long-Term Care ombudsman program.
  235         5. Contain recommendations from the state Long-Term Care
  236  Ombudsman council regarding program functions and activities and
  237  recommendations for policy, regulatory, and statutory changes
  238  designed to protect residents’ rights, health, safety, and
  239  welfare.
  240         6. Contain any relevant recommendations from
  241  representatives of the office local councils regarding program
  242  functions and activities.
  243         Section 5. Section 400.0067, Florida Statutes, is amended
  244  to read:
  245         400.0067 State Long-Term Care Ombudsman Council; duties;
  246  membership.—
  247         (1) There is created, within the Office of State Long-Term
  248  Care Ombudsman, the State Long-Term Care Ombudsman Council.
  249         (2) The state Long-Term Care Ombudsman council shall:
  250         (a) Serve as an advisory body to assist the state ombudsman
  251  in reaching a consensus among districts local councils on issues
  252  affecting residents and impacting the optimal operation of the
  253  program.
  254         (b) Serve as an appellate body in receiving from the
  255  districts local councils complaints not resolved at the district
  256  local level. Any individual member or members of the state
  257  council may enter any long-term care facility involved in an
  258  appeal, pursuant to the conditions specified in s. 400.0074(2).
  259         (c) Assist the state ombudsman to discover, investigate,
  260  and determine the existence of abuse or neglect in any long-term
  261  care facility, and work with the adult protective services
  262  program as required in ss. 415.101-415.113.
  263         (d) Assist the state ombudsman in eliciting, receiving,
  264  responding to, and resolving complaints made by or on behalf of
  265  residents.
  266         (e) Elicit and coordinate state, district local, and
  267  voluntary organizational assistance for the purpose of improving
  268  the care received by residents.
  269         (f) Assist the state ombudsman in preparing the annual
  270  report described in s. 400.0065.
  271         (3) The state Long-Term Care Ombudsman council shall be
  272  composed of one active certified ombudsman from each district
  273  local council member elected by each local council plus three
  274  at-large members appointed by the secretary Governor.
  275         (a) Each district manager, in consultation with the
  276  district ombudsmen, shall select a district ombudsman local
  277  council shall elect by majority vote a representative from among
  278  the council members to represent the interests of the district
  279  local council on the state council. A local council chair may
  280  not serve as the representative of the local council on the
  281  state council.
  282         (b)1. The state ombudsman secretary, after consulting with
  283  the ombudsman, shall submit to the secretary Governor a list of
  284  individuals persons recommended for appointment to the at-large
  285  positions on the state council. The list may shall not include
  286  the name of any individual person who is currently serving in a
  287  district on a local council.
  288         2. The secretary Governor shall appoint three at-large
  289  members chosen from the list.
  290         3. If the secretary Governor does not appoint an at-large
  291  member to fill a vacant position within 60 days after the list
  292  is submitted, the state secretary, after consulting with the
  293  ombudsman, shall appoint an at-large member to fill that vacant
  294  position.
  295         (4)(a)(c)1. All State council members shall serve 3-year
  296  terms.
  297         2. A member of the state council may not serve more than
  298  two consecutive terms.
  299         (b)3. A district manager, in consultation with the district
  300  ombudsmen, local council may recommend replacement removal of
  301  its selected ombudsman on elected representative from the state
  302  council by a majority vote. If the district manager, in
  303  consultation with the district ombudsmen, selects a replacement
  304  ombudsman, council votes to remove its representative, the local
  305  council chair shall immediately notify the state ombudsman must
  306  be notified. The secretary shall advise the Governor of the
  307  local council’s vote upon receiving notice from the ombudsman.
  308         (c)4. The position of any member missing three state
  309  council meetings within a 1-year period without cause may be
  310  declared vacant by the state ombudsman. The findings of the
  311  state ombudsman regarding cause shall be final and binding.
  312         (d)5. Any vacancy on the state council shall be filled in
  313  the same manner as the original appointment.
  314         (e)(d)1. The state council shall elect a chair to serve for
  315  a term of 1 year. A chair may not serve more than two
  316  consecutive terms.
  317         2. The chair shall select a vice chair from among the
  318  members. The vice chair shall preside over the state council in
  319  the absence of the chair.
  320         3. The chair may create additional executive positions as
  321  necessary to carry out the duties of the state council. Any
  322  person appointed to an executive position shall serve at the
  323  pleasure of the chair, and his or her term shall expire on the
  324  same day as the term of the chair.
  325         4. A chair may be immediately removed from office before
  326  prior to the expiration of his or her term by a vote of two
  327  thirds of all state council members present at any meeting at
  328  which a quorum is present. If a chair is removed from office
  329  before prior to the expiration of his or her term, a replacement
  330  chair shall be chosen during the same meeting in the same manner
  331  as described in this paragraph, and the term of the replacement
  332  chair shall begin immediately. The replacement chair shall serve
  333  for the remainder of the term and is eligible to serve two
  334  subsequent consecutive terms.
  335         (f)(e)1. The state council shall meet upon the call of the
  336  chair or upon the call of the state ombudsman. The state council
  337  shall meet at least quarterly but may meet more frequently as
  338  needed.
  339         2. A quorum shall be considered present if more than 50
  340  percent of all active state council members are in attendance at
  341  the same meeting.
  342         3. The state council may not vote on or otherwise make any
  343  decisions resulting in a recommendation that will directly
  344  impact the state council or any district local council, outside
  345  of a publicly noticed meeting at which a quorum is present.
  346         (g)(f) Members shall receive no compensation but shall,
  347  with approval from the state ombudsman, be reimbursed for per
  348  diem and travel expenses as provided in s. 112.061.
  349         Section 6. Section 400.0069, Florida Statutes, is amended
  350  to read:
  351         400.0069 Local Long-term care ombudsman districts councils;
  352  duties; appointment membership.—
  353         (1)(a) The state ombudsman shall designate districts local
  354  long-term care ombudsman councils to carry out the duties of the
  355  state Long-Term Care ombudsman program within local communities.
  356  Each district local council shall function under the direction
  357  of the state ombudsman.
  358         (b) The state ombudsman shall ensure that there are
  359  representatives of the office is at least one local council
  360  operating in each district of the department’s planning and
  361  service areas. The ombudsman may create additional local
  362  councils as necessary to ensure that residents throughout the
  363  state have adequate access to state Long-Term Care ombudsman
  364  program services. The ombudsman, after approval from the
  365  secretary, shall designate the jurisdictional boundaries of each
  366  local council.
  367         (2) The duties of the representatives of the office in the
  368  districts local councils are to:
  369         (a) Provide services to assist in Serve as a third-party
  370  mechanism for protecting the health, safety, welfare, and civil
  371  and human rights of residents.
  372         (b) Discover, investigate, and determine the existence of
  373  abuse, or neglect, or exploitation using in any long-term care
  374  facility and to use the procedures provided for in ss. 415.101
  375  415.113 when applicable.
  376         (c) Identify Elicit, receive, investigate, respond to, and
  377  resolve complaints made by or on behalf of residents relating to
  378  actions or omissions by providers or representatives of
  379  providers of long-term care services, other public or private
  380  agencies, guardians, or representative payees that may adversely
  381  affect the health, safety, welfare, or rights of residents.
  382         (d) Review and, if necessary, comment on all existing or
  383  proposed rules, regulations, and other governmental policies and
  384  actions relating to long-term care facilities that may
  385  potentially have an effect on the rights, health, safety, and
  386  welfare of residents.
  387         (e) Review personal property and money accounts of
  388  residents who are receiving assistance under the Medicaid
  389  program pursuant to an investigation to obtain information
  390  regarding a specific complaint or problem.
  391         (f) Recommend that the state ombudsman and the legal
  392  advocate seek administrative, legal, and other remedies to
  393  protect the health, safety, welfare, and rights of the
  394  residents.
  395         (g) Provide technical assistance for the development of
  396  resident and family councils within long-term care facilities.
  397         (h)(g) Carry out other activities that the state ombudsman
  398  determines to be appropriate.
  399         (3) In order to carry out the duties specified in
  400  subsection (2), a representative of the office may member of a
  401  local council is authorized to enter any long-term care facility
  402  without notice or without first obtaining a warrant; however,
  403  subject to the provisions of s. 400.0074(2) may apply regarding
  404  notice of a followup administrative assessment.
  405         (4) Each district local council shall be composed of
  406  ombudsmen members whose primary residences are residence is
  407  located within the boundaries of the district local council’s
  408  jurisdiction.
  409         (a) Upon good cause shown, the state ombudsman, in his or
  410  her sole discretion, may appoint an ombudsman to another
  411  district. The ombudsman shall strive to ensure that each local
  412  council include the following persons as members:
  413         1. At least one medical or osteopathic physician whose
  414  practice includes or has included a substantial number of
  415  geriatric patients and who may practice in a long-term care
  416  facility;
  417         2. At least one registered nurse who has geriatric
  418  experience;
  419         3. At least one licensed pharmacist;
  420         4. At least one registered dietitian;
  421         5. At least six nursing home residents or representative
  422  consumer advocates for nursing home residents;
  423         6. At least three residents of assisted living facilities
  424  or adult family-care homes or three representative consumer
  425  advocates for alternative long-term care facility residents;
  426         7. At least one attorney; and
  427         8. At least one professional social worker.
  428         (b) The following individuals may not be appointed as
  429  ombudsmen:
  430         1. The owner or representative of a long-term care
  431  facility.
  432         2. A provider or representative of a provider of long-term
  433  care services.
  434         3. An employee of the agency.
  435         4. An employee of the department, except for a
  436  representative of the office.
  437         5. An employee of the Department of Children and Families.
  438         6. An employee of the Agency for Persons with Disabilities.
  439  In no case shall the medical director of a long-term care
  440  facility or an employee of the agency, the department, the
  441  Department of Children and Family Services, or the Agency for
  442  Persons with Disabilities serve as a member or as an ex officio
  443  member of a council.
  444         (5)(a) To be appointed as an ombudsman, an individual must:
  445         1.Individuals wishing to join a local council shall Submit
  446  an application to the state ombudsman or his or her designee.
  447         2. Successfully complete level 2 background screening
  448  pursuant to s. 430.0402 and chapter 435. The ombudsman shall
  449  review the individual’s application and advise the secretary of
  450  his or her recommendation for approval or disapproval of the
  451  candidate’s membership on the local council. If the secretary
  452  approves of the individual’s membership, the individual shall be
  453  appointed as a member of the local council.
  454         (b) The state ombudsman shall approve or deny the
  455  appointment of the individual as an ombudsman. The secretary may
  456  rescind the ombudsman’s approval of a member on a local council
  457  at any time. If the secretary rescinds the approval of a member
  458  on a local council, the ombudsman shall ensure that the
  459  individual is immediately removed from the local council on
  460  which he or she serves and the individual may no longer
  461  represent the State Long-Term Care Ombudsman Program until the
  462  secretary provides his or her approval.
  463         (c) Upon appointment as an ombudsman, the individual may
  464  participate in district activities but may not represent the
  465  office or conduct any authorized program duties until the
  466  individual has completed the initial training specified in s.
  467  400.0091(1) and has been certified by the state ombudsman.
  468         (d) The state ombudsman, for good cause shown, such as
  469  development of a conflict of interest, failure to adhere to the
  470  policies and procedures established by the office, or
  471  demonstrated inability to carry out the responsibilities of the
  472  office, may rescind the appointment of an individual as an
  473  ombudsman. After the appointment is rescinded, the individual
  474  may not conduct any duties as an ombudsman and may not represent
  475  the office or the state ombudsman program. A local council may
  476  recommend the removal of one or more of its members by
  477  submitting to the ombudsman a resolution adopted by a two-thirds
  478  vote of the members of the council stating the name of the
  479  member or members recommended for removal and the reasons for
  480  the recommendation. If such a recommendation is adopted by a
  481  local council, the local council chair or district coordinator
  482  shall immediately report the council’s recommendation to the
  483  ombudsman. The ombudsman shall review the recommendation of the
  484  local council and advise the secretary of his or her
  485  recommendation regarding removal of the council member or
  486  members.
  487         (6)(a) Each local council shall elect a chair for a term of
  488  1 year. There shall be no limitation on the number of terms that
  489  an approved member of a local council may serve as chair.
  490         (b) The chair shall select a vice chair from among the
  491  members of the council. The vice chair shall preside over the
  492  council in the absence of the chair.
  493         (c) The chair may create additional executive positions as
  494  necessary to carry out the duties of the local council. Any
  495  person appointed to an executive position shall serve at the
  496  pleasure of the chair, and his or her term shall expire on the
  497  same day as the term of the chair.
  498         (d) A chair may be immediately removed from office prior to
  499  the expiration of his or her term by a vote of two-thirds of the
  500  members of the local council. If any chair is removed from
  501  office prior to the expiration of his or her term, a replacement
  502  chair shall be elected during the same meeting, and the term of
  503  the replacement chair shall begin immediately. The replacement
  504  chair shall serve for the remainder of the term of the person he
  505  or she replaced.
  506         (7) Each local council shall meet upon the call of its
  507  chair or upon the call of the ombudsman. Each local council
  508  shall meet at least once a month but may meet more frequently if
  509  necessary.
  510         (6)(8)An ombudsman may not A member of a local council
  511  shall receive no compensation but shall, with approval from the
  512  state ombudsman, be reimbursed for travel expenses both within
  513  and outside the jurisdiction of the local council in accordance
  514  with the provisions of s. 112.061.
  515         (7)(9) The representatives of the office local councils are
  516  authorized to call upon appropriate state agencies of state
  517  government for such professional assistance as may be needed in
  518  the discharge of their duties, and such. All state agencies
  519  shall cooperate with the local councils in providing requested
  520  information and agency representation at council meetings.
  521         Section 7. Section 400.0070, Florida Statutes, is amended
  522  to read:
  523         400.0070 Conflicts of interest.—
  524         (1) A representative of the office The ombudsman shall not:
  525         (a) Have a direct involvement in the licensing or
  526  certification of, or an ownership or investment interest in, a
  527  long-term care facility or a provider of a long-term care
  528  service.
  529         (b) Be employed by, or participate in the management of, a
  530  long-term care facility.
  531         (c) Receive, or have a right to receive, directly or
  532  indirectly, remuneration, in cash or in kind, under a
  533  compensation agreement with the owner or operator of a long-term
  534  care facility.
  535         (2) Each representative employee of the office, each state
  536  council member, and each local council member shall certify that
  537  he or she has no conflict of interest.
  538         (3) The department, in consultation with the state
  539  ombudsman, shall define by rule:
  540         (a) Situations that constitute an individual’s a person
  541  having a conflict of interest that could materially affect the
  542  objectivity or capacity of the individual a person to serve as a
  543  representative on an ombudsman council, or as an employee of the
  544  office, while carrying out the purposes of the State Long-Term
  545  Care Ombudsman Program as specified in this part.
  546         (b) The procedure by which an individual a person listed in
  547  subsection (2) shall certify that he or she has no conflict of
  548  interest.
  549         Section 8. Section 400.0071, Florida Statutes, is amended
  550  to read:
  551         400.0071 State Long-Term Care ombudsman program complaint
  552  procedures.—The department, in consultation with the state
  553  ombudsman, shall adopt rules implementing state and local
  554  complaint procedures. The rules must include procedures for
  555  receiving, investigating, identifying, and resolving complaints
  556  concerning the health, safety, welfare, and rights of residents:
  557         (1) Receiving complaints against a long-term care facility
  558  or an employee of a long-term care facility.
  559         (2) Conducting investigations of a long-term care facility
  560  or an employee of a long-term care facility subsequent to
  561  receiving a complaint.
  562         (3) Conducting onsite administrative assessments of long
  563  term care facilities.
  564         Section 9. Section 400.0073, Florida Statutes, is amended
  565  to read:
  566         400.0073 Complaint State and local ombudsman council
  567  investigations.—
  568         (1) A representative of the office local council shall
  569  identify and investigate, within a reasonable time after a
  570  complaint is made, any complaint made by or on behalf of a
  571  resident that, a representative of a resident, or any other
  572  credible source based on an action or omission by an
  573  administrator, an employee, or a representative of a long-term
  574  care facility which might be:
  575         (a) Contrary to law;
  576         (b) Unreasonable, unfair, oppressive, or unnecessarily
  577  discriminatory, even though in accordance with law;
  578         (c) Based on a mistake of fact;
  579         (d) Based on improper or irrelevant grounds;
  580         (e) Unaccompanied by an adequate statement of reasons;
  581         (f) Performed in an inefficient manner; or
  582         (g) Otherwise adversely affecting the health, safety,
  583  welfare, or rights of a resident.
  584         (2) In an investigation, both the state and local councils
  585  have the authority to hold public hearings.
  586         (3) Subsequent to an appeal from a local council, the state
  587  council may investigate any complaint received by the local
  588  council involving a long-term care facility or a resident.
  589         (2)(4) If a representative of the office the ombudsman or
  590  any state or local council member is not allowed to enter a
  591  long-term care facility, the administrator of the facility shall
  592  be considered to have interfered with a representative of the
  593  office, the state council, or the local council in the
  594  performance of official duties as described in s. 400.0083(1)
  595  and to have committed a violation of this part. The
  596  representative of the office ombudsman shall report a facility’s
  597  refusal to allow entry to the facility to the state ombudsman or
  598  his or her designee, who shall then report the incident to the
  599  agency, and the agency shall record the report and take it into
  600  consideration when determining actions allowable under s.
  601  400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
  602  429.71.
  603         Section 10. Section 400.0074, Florida Statutes, is amended
  604  to read:
  605         400.0074 Local ombudsman council Onsite administrative
  606  assessments.—
  607         (1) A representative of the office must In addition to any
  608  specific investigation conducted pursuant to a complaint, the
  609  local council shall conduct, at least annually, an onsite
  610  administrative assessment of each nursing home, assisted living
  611  facility, and adult family-care home within its jurisdiction.
  612  This administrative assessment must be resident-centered and
  613  must shall focus on factors affecting the rights, health,
  614  safety, and welfare of the residents. Each local council is
  615  encouraged to conduct a similar onsite administrative assessment
  616  of each additional long-term care facility within its
  617  jurisdiction.
  618         (2) An onsite administrative assessment is conducted by a
  619  local council shall be subject to the following conditions:
  620         (a) To the extent possible and reasonable, the
  621  administrative assessment assessments shall not duplicate the
  622  efforts of the agency surveys and inspections conducted by state
  623  agencies of long-term care facilities under part II of this
  624  chapter and parts I and II of chapter 429.
  625         (b) An administrative assessment shall be conducted at a
  626  time and for a duration necessary to produce the information
  627  required to complete the assessment carry out the duties of the
  628  local council.
  629         (c) Advance notice of an administrative assessment may not
  630  be provided to a long-term care facility, except that notice of
  631  followup assessments on specific problems may be provided.
  632         (d) A representative of the office local council member
  633  physically present for the administrative assessment must shall
  634  identify himself or herself to the administrator and cite the
  635  specific statutory authority for his or her assessment of the
  636  facility or his or her designee.
  637         (e) An administrative assessment may not unreasonably
  638  interfere with the programs and activities of residents.
  639         (f) A representative of the office local council member may
  640  not enter a single-family residential unit within a long-term
  641  care facility during an administrative assessment without the
  642  permission of the resident or the representative of the
  643  resident.
  644         (g) An administrative assessment must be conducted in a
  645  manner that will impose no unreasonable burden on a long-term
  646  care facility.
  647         (3) Regardless of jurisdiction, the ombudsman may authorize
  648  a state or local council member to assist another local council
  649  to perform the administrative assessments described in this
  650  section.
  651         (3)(4) An onsite administrative assessment may not be
  652  accomplished by forcible entry. However, if a representative of
  653  the office ombudsman or a state or local council member is not
  654  allowed to enter a long-term care facility, the administrator of
  655  the facility shall be considered to have interfered with a
  656  representative of the office, the state council, or the local
  657  council in the performance of official duties as described in s.
  658  400.0083(1) and to have committed a violation of this part. The
  659  representative of the office ombudsman shall report the refusal
  660  by a facility to allow entry to the state ombudsman or his or
  661  her designee, who shall then report the incident to the agency,
  662  and the agency shall record the report and take it into
  663  consideration when determining actions allowable under s.
  664  400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
  665  429.71.
  666         (4) The department, in consultation with the state
  667  ombudsman, may adopt rules implementing procedures for
  668  conducting onsite administrative assessments of long-term care
  669  facilities.
  670         Section 11. Section 400.0075, Florida Statutes, is amended
  671  to read:
  672         400.0075 Complaint notification and resolution procedures.—
  673         (1)(a) Any complaint or problem verified by a
  674  representative of the office an ombudsman council as a result of
  675  an investigation may or onsite administrative assessment, which
  676  complaint or problem is determined to require remedial action by
  677  the local council, shall be identified and brought to the
  678  attention of the long-term care facility administrator subject
  679  to the confidentiality provisions of s. 400.0077 in writing.
  680  Upon receipt of the information such document, the
  681  administrator, with the concurrence of the representative of the
  682  office local council chair, shall establish target dates for
  683  taking appropriate remedial action. If, by the target date, the
  684  remedial action is not completed or forthcoming, the
  685  representative may extend the target date if there is reason to
  686  believe such action would facilitate the resolution of the
  687  complaint, or the representative may refer the complaint to the
  688  district manager local council chair may, after obtaining
  689  approval from the ombudsman and a majority of the members of the
  690  local council:
  691         1. Extend the target date if the chair has reason to
  692  believe such action would facilitate the resolution of the
  693  complaint.
  694         2. In accordance with s. 400.0077, publicize the complaint,
  695  the recommendations of the council, and the response of the
  696  long-term care facility.
  697         3. Refer the complaint to the state council.
  698         (b) If an ombudsman determines the local council chair
  699  believes that the health, safety, welfare, or rights of a the
  700  resident are in imminent danger, the ombudsman must immediately
  701  notify the district manager. The district manager chair shall
  702  notify the ombudsman or legal advocate, who, after verifying
  703  that such imminent danger exists, must notify the appropriate
  704  state agencies, including law enforcement, the state ombudsman,
  705  and the legal advocate to ensure the protection of shall seek
  706  immediate legal or administrative remedies to protect the
  707  resident.
  708         (c) If the state ombudsman or legal advocate has reason to
  709  believe that the long-term care facility or an employee of the
  710  facility has committed a criminal act, the state ombudsman or
  711  legal advocate shall provide the local law enforcement agency
  712  with the relevant information to initiate an investigation of
  713  the case.
  714         (2)(a) Upon referral from a district local council, the
  715  state ombudsman or his or her designee council shall assume the
  716  responsibility for the disposition of the complaint. If a long
  717  term care facility fails to take action to resolve or remedy the
  718  on a complaint by the state council, the state ombudsman council
  719  may, after obtaining approval from the ombudsman and a majority
  720  of the state council members:
  721         (a)1. In accordance with s. 400.0077, publicize the
  722  complaint, the recommendations of the representatives of the
  723  office local or state council, and the response of the long-term
  724  care facility.
  725         (b)2. Recommend to the department and the agency a series
  726  of facility reviews pursuant to s. 400.19, s. 429.34, or s.
  727  429.67 to ensure correction and nonrecurrence of the conditions
  728  that gave give rise to the complaint complaints against the a
  729  long-term care facility.
  730         (c)3. Recommend to the department and the agency that the
  731  long-term care facility no longer receive payments under any
  732  state assistance program, including Medicaid.
  733         (d)4. Recommend to the department and the agency that
  734  procedures be initiated for action against revocation of the
  735  long-term care facility’s license in accordance with chapter
  736  120.
  737         (b) If the state council chair believes that the health,
  738  safety, welfare, or rights of the resident are in imminent
  739  danger, the chair shall notify the ombudsman or legal advocate,
  740  who, after verifying that such imminent danger exists, shall
  741  seek immediate legal or administrative remedies to protect the
  742  resident.
  743         (3)(c) If the state ombudsman, after consultation with the
  744  legal advocate, has reason to believe that the long-term care
  745  facility or an employee of the facility has committed a criminal
  746  act, the office ombudsman shall provide local law enforcement
  747  with the relevant information to initiate an investigation of
  748  the case.
  749         Section 12. Section 400.0078, Florida Statutes, is amended
  750  to read:
  751         400.0078 Citizen access to state Long-Term Care ombudsman
  752  program services.—
  753         (1) The office shall establish a statewide toll-free
  754  telephone number and e-mail address for receiving complaints
  755  concerning matters adversely affecting the health, safety,
  756  welfare, or rights of residents.
  757         (2) Every resident or representative of a resident shall
  758  receive, Upon admission to a long-term care facility, each
  759  resident or representative of a resident must receive
  760  information regarding:
  761         (a) The purpose of the state Long-Term Care ombudsman
  762  program.,
  763         (b) The statewide toll-free telephone number and e-mail
  764  address for receiving complaints., and
  765         (c) Information that retaliatory action cannot be taken
  766  against a resident for presenting grievances or for exercising
  767  any other resident rights.
  768         (d) Other relevant information regarding how to contact
  769  representatives of the office program.
  770  
  771  Residents or their representatives must be furnished additional
  772  copies of this information upon request.
  773         Section 13. Section 400.0079, Florida Statutes, is amended
  774  to read:
  775         400.0079 Immunity.—
  776         (1) Any person making a complaint pursuant to this part who
  777  does so in good faith shall be immune from any liability, civil
  778  or criminal, that otherwise might be incurred or imposed as a
  779  direct or indirect result of making the complaint.
  780         (2) Representatives of the office and The ombudsman or any
  781  person authorized by the ombudsman to act on behalf of the
  782  office, as well as all members of the state council and local
  783  councils, shall be immune from any liability, civil or criminal,
  784  that otherwise might be incurred or imposed during the good
  785  faith performance of official duties.
  786         Section 14. Section 400.0081, Florida Statutes, is amended
  787  to read:
  788         400.0081 Access to facilities, residents, and records.—
  789         (1) A long-term care facility shall provide representatives
  790  of the office with, the state council and its members, and the
  791  local councils and their members access to:
  792         (a) Access to Any portion of the long-term care facility
  793  and residents any resident as necessary to investigate or
  794  resolve a complaint.
  795         (b) Appropriate access to medical and social records of a
  796  resident for review as necessary to investigate or resolve a
  797  complaint, if:
  798         1. The representative of the office has the permission of
  799  the resident or the legal representative of the resident; or
  800         2. The resident is unable to consent to the review and has
  801  no legal representative.
  802         (c) Access to medical and social records of a the resident
  803  as necessary to investigate or resolve a complaint, if:
  804         1. A legal representative or guardian of the resident
  805  refuses to give permission;
  806         2. A representative of the office has reasonable cause to
  807  believe that the legal representative or guardian is not acting
  808  in the best interests of the resident; and
  809         3. The representative of the office state or local council
  810  member obtains the approval of the state ombudsman.
  811         (d) Access to the administrative records, policies, and
  812  documents to which residents or the general public have access.
  813         (e) Upon request, copies of all licensing and certification
  814  records maintained by the state with respect to a long-term care
  815  facility.
  816         (2) The department, in consultation with the state
  817  ombudsman and the state council, may adopt rules to establish
  818  procedures to ensure access to facilities, residents, and
  819  records as described in this section.
  820         Section 15. Section 400.0083, Florida Statutes, is amended
  821  to read:
  822         400.0083 Interference; retaliation; penalties.—
  823         (1) It shall be unlawful for any person, long-term care
  824  facility, or other entity to willfully interfere with a
  825  representative of the office or, the state council, or a local
  826  council in the performance of official duties.
  827         (2) It shall be unlawful for any person, long-term care
  828  facility, or other entity to knowingly or willfully take action
  829  or retaliate against any resident, employee, or other person for
  830  filing a complaint with, providing information to, or otherwise
  831  cooperating with any representative of the office or, the state
  832  council, or a local council.
  833         (3) Any person, long-term care facility, or other entity
  834  that violates this section:
  835         (a) Shall be liable for damages and equitable relief as
  836  determined by law.
  837         (b) Commits a misdemeanor of the second degree, punishable
  838  as provided in s. 775.083.
  839         Section 16. Section 400.0087, Florida Statutes, is amended
  840  to read:
  841         400.0087 Department oversight; funding.—
  842         (1) The department shall meet the costs associated with the
  843  state Long-Term Care ombudsman program from funds appropriated
  844  to it.
  845         (a) The department shall include the costs associated with
  846  support of the state Long-Term Care ombudsman program when
  847  developing its budget requests for consideration by the Governor
  848  and submittal to the Legislature.
  849         (b) The department may divert from the federal ombudsman
  850  appropriation an amount equal to the department’s administrative
  851  cost ratio to cover the costs associated with administering the
  852  state ombudsman program. The remaining allotment from the Older
  853  Americans Act program shall be expended on direct ombudsman
  854  activities.
  855         (2) The department shall monitor the office and, the state
  856  council, and the local councils to ensure that each is carrying
  857  out the duties delegated to it by state and federal law.
  858         (3) The department is responsible for ensuring that the
  859  office:
  860         (a) Has the objectivity and independence required to
  861  qualify it for funding under the federal Older Americans Act.
  862         (b) Provides information to public and private agencies,
  863  legislators, and others.
  864         (c) Provides appropriate training to representatives of the
  865  office or of the state or local councils.
  866         (d) Coordinates ombudsman services with Disability Rights
  867  Florida the Advocacy Center for Persons with Disabilities and
  868  with providers of legal services to residents of long-term care
  869  facilities in compliance with state and federal laws.
  870         (4) The department shall also:
  871         (a) Receive and disburse state and federal funds for
  872  purposes that the state ombudsman has formulated in accordance
  873  with the Older Americans Act.
  874         (b) Whenever necessary, act as liaison between agencies and
  875  branches of the federal and state governments and the office
  876  State Long-Term Care Ombudsman Program.
  877         Section 17. Section 400.0089, Florida Statutes, is amended
  878  to read:
  879         400.0089 Complaint data reports.—The office shall maintain
  880  a statewide uniform reporting system to collect and analyze data
  881  relating to complaints and conditions in long-term care
  882  facilities and to residents for the purpose of identifying and
  883  resolving significant complaints problems. The office shall
  884  publish quarterly and make readily available information
  885  pertaining to the number and types of complaints received by the
  886  state Long-Term Care ombudsman program and shall include such
  887  information in the annual report required under s. 400.0065.
  888         Section 18. Section 400.0091, Florida Statutes, is amended
  889  to read:
  890         400.0091 Training.—The state ombudsman shall ensure that
  891  appropriate training is provided to all representatives
  892  employees of the office and to the members of the state and
  893  local councils.
  894         (1) All representatives state and local council members and
  895  employees of the office shall be given a minimum of 20 hours of
  896  training upon employment with the office or appointment as an
  897  ombudsman. Ten approval as a state or local council member and
  898  10 hours of continuing education are required annually
  899  thereafter.
  900         (2) The state ombudsman shall approve the curriculum for
  901  the initial and continuing education training, which must, at a
  902  minimum, address:
  903         (a) Resident confidentiality.
  904         (b) Guardianships and powers of attorney.
  905         (c) Medication administration.
  906         (d) Care and medication of residents with dementia and
  907  Alzheimer’s disease.
  908         (e) Accounting for residents’ funds.
  909         (f) Discharge rights and responsibilities.
  910         (g) Cultural sensitivity.
  911         (h) Any other topic related to residency within a long-term
  912  care facility recommended by the secretary.
  913         (3) An individual No employee, officer, or representative
  914  of the office or of the state or local councils, other than the
  915  state ombudsman, may not hold himself or herself out as a
  916  representative of the office State Long-Term Care Ombudsman
  917  Program or conduct any authorized program duty described in this
  918  part unless the individual person has received the training
  919  required by this section and has been certified by the state
  920  ombudsman as qualified to carry out ombudsman activities on
  921  behalf of the office or the state or local councils.
  922         Section 19. Subsection (4) of section 20.41, Florida
  923  Statutes, is amended to read:
  924         20.41 Department of Elderly Affairs.—There is created a
  925  Department of Elderly Affairs.
  926         (4) The department shall administer the Office of State
  927  Long-Term Care Ombudsman Council, created by s. 400.0063
  928  400.0067, and the local long-term care ombudsman councils,
  929  created by s. 400.0069 and shall, as required by s. 712 of the
  930  federal Older Americans Act of 1965, ensure that both the state
  931  office operates and local long-term care ombudsman councils
  932  operate in compliance with the Older Americans Act.
  933         Section 20. Subsections (11) through (19) of section
  934  400.021, Florida Statutes, are renumbered as subsections (10)
  935  through (18), respectively, and present subsections (10) and
  936  (18) are amended to read:
  937         400.021 Definitions.—When used in this part, unless the
  938  context otherwise requires, the term:
  939         (10) “Local ombudsman council” means a local long-term care
  940  ombudsman council established pursuant to s. 400.0069, located
  941  within the Older Americans Act planning and service areas.
  942         (17)(18) “State ombudsman program council” means the Office
  943  of State Long-Term Care Ombudsman Council established pursuant
  944  to s. 400.0063 400.0067.
  945         Section 21. Paragraph (c) of subsection (1) and subsections
  946  (2) and (3) of section 400.022, Florida Statutes, are amended to
  947  read:
  948         400.022 Residents’ rights.—
  949         (1) All licensees of nursing home facilities shall adopt
  950  and make public a statement of the rights and responsibilities
  951  of the residents of such facilities and shall treat such
  952  residents in accordance with the provisions of that statement.
  953  The statement shall assure each resident the following:
  954         (c) Any entity or individual that provides health, social,
  955  legal, or other services to a resident has the right to have
  956  reasonable access to the resident. The resident has the right to
  957  deny or withdraw consent to access at any time by any entity or
  958  individual. Notwithstanding the visiting policy of the facility,
  959  the following individuals must be permitted immediate access to
  960  the resident:
  961         1. Any representative of the federal or state government,
  962  including, but not limited to, representatives of the Department
  963  of Children and Family Services, the Department of Health, the
  964  Agency for Health Care Administration, the Office of the
  965  Attorney General, and the Department of Elderly Affairs; any law
  966  enforcement officer; representatives members of the state or
  967  local ombudsman program council; and the resident’s individual
  968  physician.
  969         2. Subject to the resident’s right to deny or withdraw
  970  consent, immediate family or other relatives of the resident.
  971  
  972  The facility must allow representatives of the state Long-Term
  973  Care ombudsman program Council to examine a resident’s clinical
  974  records with the permission of the resident or the resident’s
  975  legal representative and consistent with state law.
  976         (2) The licensee for each nursing home shall orally inform
  977  the resident of the resident’s rights and provide a copy of the
  978  statement required by subsection (1) to each resident or the
  979  resident’s legal representative at or before the resident’s
  980  admission to a facility. The licensee shall provide a copy of
  981  the resident’s rights to each staff member of the facility. Each
  982  such licensee shall prepare a written plan and provide
  983  appropriate staff training to implement the provisions of this
  984  section. The written statement of rights must include a
  985  statement that a resident may file a complaint with the agency
  986  or state local ombudsman program council. The statement must be
  987  in boldfaced type and shall include the name, address, and
  988  telephone number and e-mail address of the state numbers of the
  989  local ombudsman program council and the telephone number of the
  990  central abuse hotline where complaints may be lodged.
  991         (3) Any violation of the resident’s rights set forth in
  992  this section shall constitute grounds for action by the agency
  993  under the provisions of s. 400.102, s. 400.121, or part II of
  994  chapter 408. In order to determine whether the licensee is
  995  adequately protecting residents’ rights, the licensure
  996  inspection of the facility shall include private informal
  997  conversations with a sample of residents to discuss residents’
  998  experiences within the facility with respect to rights specified
  999  in this section and general compliance with standards, and
 1000  consultation with the state ombudsman program council in the
 1001  local planning and service area of the Department of Elderly
 1002  Affairs in which the nursing home is located.
 1003         Section 22. Subsections (8) and (9) and (11) through (14)
 1004  of section 400.0255, Florida Statutes, are amended to read:
 1005         400.0255 Resident transfer or discharge; requirements and
 1006  procedures; hearings.—
 1007         (8) The notice required by subsection (7) must be in
 1008  writing and must contain all information required by state and
 1009  federal law, rules, or regulations applicable to Medicaid or
 1010  Medicare cases. The agency shall develop a standard document to
 1011  be used by all facilities licensed under this part for purposes
 1012  of notifying residents of a discharge or transfer. Such document
 1013  must include a means for a resident to request the state local
 1014  long-term care ombudsman program council to review the notice
 1015  and request information about or assistance with initiating a
 1016  fair hearing with the department’s Office of Appeals Hearings.
 1017  In addition to any other pertinent information included, the
 1018  form shall specify the reason allowed under federal or state law
 1019  that the resident is being discharged or transferred, with an
 1020  explanation to support this action. Further, the form shall
 1021  state the effective date of the discharge or transfer and the
 1022  location to which the resident is being discharged or
 1023  transferred. The form shall clearly describe the resident’s
 1024  appeal rights and the procedures for filing an appeal, including
 1025  the right to request the state local ombudsman program council
 1026  to review the notice of discharge or transfer. A copy of the
 1027  notice must be placed in the resident’s clinical record, and a
 1028  copy must be transmitted to the resident’s legal guardian or
 1029  representative and to the state local ombudsman program council
 1030  within 5 business days after signature by the resident or
 1031  resident designee.
 1032         (9) A resident may request that the state local ombudsman
 1033  program council review any notice of discharge or transfer given
 1034  to the resident. When requested by a resident to review a notice
 1035  of discharge or transfer, the state local ombudsman program
 1036  council shall do so within 7 days after receipt of the request.
 1037  The nursing home administrator, or the administrator’s designee,
 1038  must forward the request for review contained in the notice to
 1039  the state local ombudsman program council within 24 hours after
 1040  such request is submitted. Failure to forward the request within
 1041  24 hours after the request is submitted shall toll the running
 1042  of the 30-day advance notice period until the request has been
 1043  forwarded.
 1044         (11) Notwithstanding paragraph (10)(b), an emergency
 1045  discharge or transfer may be implemented as necessary pursuant
 1046  to state or federal law during the period of time after the
 1047  notice is given and before the time a hearing decision is
 1048  rendered. Notice of an emergency discharge or transfer to the
 1049  resident, the resident’s legal guardian or representative, and
 1050  the state local ombudsman program council if requested pursuant
 1051  to subsection (9) must be by telephone or in person. This notice
 1052  shall be given before the transfer, if possible, or as soon
 1053  thereafter as practicable. A representative of the state local
 1054  ombudsman program council conducting a review under this
 1055  subsection shall do so within 24 hours after receipt of the
 1056  request. The resident’s file must be documented to show who was
 1057  contacted, whether the contact was by telephone or in person,
 1058  and the date and time of the contact. If the notice is not given
 1059  in writing, written notice meeting the requirements of
 1060  subsection (8) must be given the next working day.
 1061         (12) After receipt of any notice required under this
 1062  section, the state local ombudsman program council may request a
 1063  private informal conversation with a resident to whom the notice
 1064  is directed, and, if known, a family member or the resident’s
 1065  legal guardian or designee, to ensure that the facility is
 1066  proceeding with the discharge or transfer in accordance with the
 1067  requirements of this section. If requested, the state local
 1068  ombudsman program council shall assist the resident with filing
 1069  an appeal of the proposed discharge or transfer.
 1070         (13) The following persons must be present at all hearings
 1071  authorized under this section:
 1072         (a) The resident, or the resident’s legal representative or
 1073  designee.
 1074         (b) The facility administrator, or the facility’s legal
 1075  representative or designee.
 1076  
 1077  A representative of the state local long-term care ombudsman
 1078  program council may be present at all hearings authorized by
 1079  this section.
 1080         (14) In any hearing under this section, the following
 1081  information concerning the parties shall be confidential and
 1082  exempt from the provisions of s. 119.07(1):
 1083         (a) Names and addresses.
 1084         (b) Medical services provided.
 1085         (c) Social and economic conditions or circumstances.
 1086         (d) Evaluation of personal information.
 1087         (e) Medical data, including diagnosis and past history of
 1088  disease or disability.
 1089         (f) Any information received verifying income eligibility
 1090  and amount of medical assistance payments. Income information
 1091  received from the Social Security Administration or the Internal
 1092  Revenue Service must be safeguarded according to the
 1093  requirements of the agency that furnished the data.
 1094  
 1095  The exemption created by this subsection does not prohibit
 1096  access to such information by the state ombudsman program a
 1097  local long-term care ombudsman council upon request, by a
 1098  reviewing court if such information is required to be part of
 1099  the record upon subsequent review, or as specified in s. 24(a),
 1100  Art. I of the State Constitution.
 1101         Section 23. Subsection (2) of section 400.1413, Florida
 1102  Statutes, is amended to read:
 1103         400.1413 Volunteers in nursing homes.—
 1104         (2) This section does not affect the activities of the
 1105  state or local long-term care ombudsman program councils
 1106  authorized under part I.
 1107         Section 24. Paragraph (d) of subsection (5) of section
 1108  400.162, Florida Statutes, is amended to read:
 1109         400.162 Property and personal affairs of residents.—
 1110         (5)
 1111         (d) If, at any time during the period for which a license
 1112  is issued, a licensee that has not purchased a surety bond or
 1113  entered into a self-insurance agreement, as provided in
 1114  paragraphs (b) and (c), is requested to provide safekeeping for
 1115  the personal funds of a resident, the licensee shall notify the
 1116  agency of the request and make application for a surety bond or
 1117  for participation in a self-insurance agreement within 7 days
 1118  after of the request, exclusive of weekends and holidays. Copies
 1119  of the application, along with written documentation of related
 1120  correspondence with an insurance agency or group, shall be
 1121  maintained by the licensee for review by the agency and the
 1122  state Nursing Home and Long-Term Care Facility ombudsman program
 1123  Council.
 1124         Section 25. Subsections (1) and (4) of section 400.19,
 1125  Florida Statutes, are amended to read:
 1126         400.19 Right of entry and inspection.—
 1127         (1) In accordance with part II of chapter 408, the agency
 1128  and any duly designated officer or employee thereof or a
 1129  representative member of the state Long-Term Care ombudsman
 1130  program Council or the local long-term care ombudsman council
 1131  shall have the right to enter upon and into the premises of any
 1132  facility licensed pursuant to this part, or any distinct nursing
 1133  home unit of a hospital licensed under chapter 395 or any
 1134  freestanding facility licensed under chapter 395 that provides
 1135  extended care or other long-term care services, at any
 1136  reasonable time in order to determine the state of compliance
 1137  with the provisions of this part, part II of chapter 408, and
 1138  applicable rules in force pursuant thereto. The agency shall,
 1139  within 60 days after receipt of a complaint made by a resident
 1140  or resident’s representative, complete its investigation and
 1141  provide to the complainant its findings and resolution.
 1142         (4) The agency shall conduct unannounced onsite facility
 1143  reviews following written verification of licensee noncompliance
 1144  in instances in which the state ombudsman program a long-term
 1145  care ombudsman council, pursuant to ss. 400.0071 and 400.0075,
 1146  has received a complaint and has documented deficiencies in
 1147  resident care or in the physical plant of the facility that
 1148  threaten the health, safety, or security of residents, or when
 1149  the agency documents through inspection that conditions in a
 1150  facility present a direct or indirect threat to the health,
 1151  safety, or security of residents. However, the agency shall
 1152  conduct unannounced onsite reviews every 3 months of each
 1153  facility while the facility has a conditional license.
 1154  Deficiencies related to physical plant do not require followup
 1155  reviews after the agency has determined that correction of the
 1156  deficiency has been accomplished and that the correction is of
 1157  the nature that continued compliance can be reasonably expected.
 1158         Section 26. Subsection (1) of section 400.191, Florida
 1159  Statutes, is amended to read:
 1160         400.191 Availability, distribution, and posting of reports
 1161  and records.—
 1162         (1) The agency shall provide information to the public
 1163  about all of the licensed nursing home facilities operating in
 1164  the state. The agency shall, within 60 days after a licensure
 1165  inspection visit or within 30 days after any interim visit to a
 1166  facility, send copies of the inspection reports to the state
 1167  local long-term care ombudsman program council, the agency’s
 1168  local office, and a public library or the county seat for the
 1169  county in which the facility is located. The agency may provide
 1170  electronic access to inspection reports as a substitute for
 1171  sending copies.
 1172         Section 27. Subsection (6) and paragraph (c) of subsection
 1173  (7) of section 400.23, Florida Statutes, is amended to read:
 1174         400.23 Rules; evaluation and deficiencies; licensure
 1175  status.—
 1176         (6) Before Prior to conducting a survey of the facility,
 1177  the survey team shall obtain a copy of the state local long-term
 1178  care ombudsman program council report on the facility. Problems
 1179  noted in the report shall be incorporated into and followed up
 1180  through the agency’s inspection process. This procedure does not
 1181  preclude the state local long-term care ombudsman program
 1182  council from requesting the agency to conduct a followup visit
 1183  to the facility.
 1184         (7) The agency shall, at least every 15 months, evaluate
 1185  all nursing home facilities and make a determination as to the
 1186  degree of compliance by each licensee with the established rules
 1187  adopted under this part as a basis for assigning a licensure
 1188  status to that facility. The agency shall base its evaluation on
 1189  the most recent inspection report, taking into consideration
 1190  findings from other official reports, surveys, interviews,
 1191  investigations, and inspections. In addition to license
 1192  categories authorized under part II of chapter 408, the agency
 1193  shall assign a licensure status of standard or conditional to
 1194  each nursing home.
 1195         (c) In evaluating the overall quality of care and services
 1196  and determining whether the facility will receive a conditional
 1197  or standard license, the agency shall consider the needs and
 1198  limitations of residents in the facility and the results of
 1199  interviews and surveys of a representative sampling of
 1200  residents, families of residents, representatives of the state
 1201  ombudsman program council members in the planning and service
 1202  area in which the facility is located, guardians of residents,
 1203  and staff of the nursing home facility.
 1204         Section 28. Paragraph (a) of subsection (3), paragraph (f)
 1205  of subsection (5), and subsection (6) of section 400.235,
 1206  Florida Statutes, are amended to read:
 1207         400.235 Nursing home quality and licensure status; Gold
 1208  Seal Program.—
 1209         (3)(a) The Gold Seal Program shall be developed and
 1210  implemented by the Governor’s Panel on Excellence in Long-Term
 1211  Care which shall operate under the authority of the Executive
 1212  Office of the Governor. The panel shall be composed of three
 1213  persons appointed by the Governor, to include a consumer
 1214  advocate for senior citizens and two persons with expertise in
 1215  the fields of quality management, service delivery excellence,
 1216  or public sector accountability; three persons appointed by the
 1217  Secretary of Elderly Affairs, to include an active member of a
 1218  nursing facility family and resident care council and a member
 1219  of the University Consortium on Aging; a representative of the
 1220  Office of State Long-Term Care Ombudsman; one person appointed
 1221  by the Florida Life Care Residents Association; one person
 1222  appointed by the State Surgeon General; two persons appointed by
 1223  the Secretary of Health Care Administration; one person
 1224  appointed by the Florida Association of Homes for the Aging; and
 1225  one person appointed by the Florida Health Care Association.
 1226  Vacancies on the panel shall be filled in the same manner as the
 1227  original appointments.
 1228         (5) Facilities must meet the following additional criteria
 1229  for recognition as a Gold Seal Program facility:
 1230         (f) Evidence an outstanding record regarding the number and
 1231  types of substantiated complaints reported to the Office of
 1232  State Long-Term Care Ombudsman Council within the 30 months
 1233  preceding application for the program.
 1234  
 1235  A facility assigned a conditional licensure status may not
 1236  qualify for consideration for the Gold Seal Program until after
 1237  it has operated for 30 months with no class I or class II
 1238  deficiencies and has completed a regularly scheduled relicensure
 1239  survey.
 1240         (6) The agency, nursing facility industry organizations,
 1241  consumers, Office of State Long-Term Care Ombudsman Council, and
 1242  members of the community may recommend to the Governor
 1243  facilities that meet the established criteria for consideration
 1244  for and award of the Gold Seal. The panel shall review nominees
 1245  and make a recommendation to the Governor for final approval and
 1246  award. The decision of the Governor is final and is not subject
 1247  to appeal.
 1248         Section 29. Paragraph (a) of subsection (1) of section
 1249  415.1034, Florida Statutes, is amended to read:
 1250         415.1034 Mandatory reporting of abuse, neglect, or
 1251  exploitation of vulnerable adults; mandatory reports of death.—
 1252         (1) MANDATORY REPORTING.—
 1253         (a) Any person, including, but not limited to, any:
 1254         1. Physician, osteopathic physician, medical examiner,
 1255  chiropractic physician, nurse, paramedic, emergency medical
 1256  technician, or hospital personnel engaged in the admission,
 1257  examination, care, or treatment of vulnerable adults;
 1258         2. Health professional or mental health professional other
 1259  than one listed in subparagraph 1.;
 1260         3. Practitioner who relies solely on spiritual means for
 1261  healing;
 1262         4. Nursing home staff; assisted living facility staff;
 1263  adult day care center staff; adult family-care home staff;
 1264  social worker; or other professional adult care, residential, or
 1265  institutional staff;
 1266         5. State, county, or municipal criminal justice employee or
 1267  law enforcement officer;
 1268         6. An Employee of the Department of Business and
 1269  Professional Regulation conducting inspections of public lodging
 1270  establishments under s. 509.032;
 1271         7. Florida advocacy council member or representative of the
 1272  Office of State Long-Term Care Ombudsman council member; or
 1273         8. Bank, savings and loan, or credit union officer,
 1274  trustee, or employee,
 1275  
 1276  who knows, or has reasonable cause to suspect, that a vulnerable
 1277  adult has been or is being abused, neglected, or exploited shall
 1278  immediately report such knowledge or suspicion to the central
 1279  abuse hotline.
 1280         Section 30. Subsection (1) of section 415.104, Florida
 1281  Statutes, is amended to read:
 1282         415.104 Protective investigations of cases of abuse,
 1283  neglect, or exploitation of vulnerable adults; transmittal of
 1284  records to state attorney.—
 1285         (1) The department shall, upon receipt of a report alleging
 1286  abuse, neglect, or exploitation of a vulnerable adult, begin
 1287  within 24 hours a protective investigation of the facts alleged
 1288  therein. If a caregiver refuses to allow the department to begin
 1289  a protective investigation or interferes with the conduct of
 1290  such an investigation, the appropriate law enforcement agency
 1291  shall be contacted for assistance. If, during the course of the
 1292  investigation, the department has reason to believe that the
 1293  abuse, neglect, or exploitation is perpetrated by a second
 1294  party, the appropriate law enforcement agency and state attorney
 1295  shall be orally notified. The department and the law enforcement
 1296  agency shall cooperate to allow the criminal investigation to
 1297  proceed concurrently with, and not be hindered by, the
 1298  protective investigation. The department shall make a
 1299  preliminary written report to the law enforcement agencies
 1300  within 5 working days after the oral report. The department
 1301  shall, within 24 hours after receipt of the report, notify the
 1302  appropriate Florida local advocacy council, or state long-term
 1303  care ombudsman program council, when appropriate, that an
 1304  alleged abuse, neglect, or exploitation perpetrated by a second
 1305  party has occurred. Notice to the Florida local advocacy council
 1306  or state long-term care ombudsman program council may be
 1307  accomplished orally or in writing and shall include the name and
 1308  location of the vulnerable adult alleged to have been abused,
 1309  neglected, or exploited and the nature of the report.
 1310         Section 31. Subsection (8) of section 415.1055, Florida
 1311  Statutes, is amended to read:
 1312         415.1055 Notification to administrative entities.—
 1313         (8) At the conclusion of a protective investigation at a
 1314  facility, the department shall notify either the Florida local
 1315  advocacy council or state long-term care ombudsman program
 1316  council of the results of the investigation. This notification
 1317  must be in writing.
 1318         Section 32. Subsection (2) of section 415.106, Florida
 1319  Statutes, is amended to read:
 1320         415.106 Cooperation by the department and criminal justice
 1321  and other agencies.—
 1322         (2) To ensure coordination, communication, and cooperation
 1323  with the investigation of abuse, neglect, or exploitation of
 1324  vulnerable adults, the department shall develop and maintain
 1325  interprogram agreements or operational procedures among
 1326  appropriate departmental programs and the Office of State Long
 1327  Term Care Ombudsman Council, the Florida Statewide Advocacy
 1328  Council, and other agencies that provide services to vulnerable
 1329  adults. These agreements or procedures must cover such subjects
 1330  as the appropriate roles and responsibilities of the department
 1331  in identifying and responding to reports of abuse, neglect, or
 1332  exploitation of vulnerable adults; the provision of services;
 1333  and related coordinated activities.
 1334         Section 33. Paragraph (g) of subsection (3) of section
 1335  415.107, Florida Statutes, is amended to read:
 1336         415.107 Confidentiality of reports and records.—
 1337         (3) Access to all records, excluding the name of the
 1338  reporter which shall be released only as provided in subsection
 1339  (6), shall be granted only to the following persons, officials,
 1340  and agencies:
 1341         (g) Any appropriate official of the Florida advocacy
 1342  council or state long-term care ombudsman program council
 1343  investigating a report of known or suspected abuse, neglect, or
 1344  exploitation of a vulnerable adult.
 1345         Section 34. Subsection (20) of section 429.02, Florida
 1346  Statutes, is amended to read:
 1347         429.02 Definitions.—When used in this part, the term:
 1348         (20) “Resident’s representative or designee” means a person
 1349  other than the owner, or an agent or employee of the facility,
 1350  designated in writing by the resident, if legally competent, to
 1351  receive notice of changes in the contract executed pursuant to
 1352  s. 429.24; to receive notice of and to participate in meetings
 1353  between the resident and the facility owner, administrator, or
 1354  staff concerning the rights of the resident; to assist the
 1355  resident in contacting the state ombudsman program council if
 1356  the resident has a complaint against the facility; or to bring
 1357  legal action on behalf of the resident pursuant to s. 429.29.
 1358         Section 35. Paragraph (b) of subsection (3) of section
 1359  429.07, Florida Statutes, is amended to read:
 1360         429.07 License required; fee.—
 1361         (3) In addition to the requirements of s. 408.806, each
 1362  license granted by the agency must state the type of care for
 1363  which the license is granted. Licenses shall be issued for one
 1364  or more of the following categories of care: standard, extended
 1365  congregate care, limited nursing services, or limited mental
 1366  health.
 1367         (b) An extended congregate care license shall be issued to
 1368  facilities providing, directly or through contract, services
 1369  beyond those authorized in paragraph (a), including services
 1370  performed by persons licensed under part I of chapter 464 and
 1371  supportive services, as defined by rule, to persons who would
 1372  otherwise be disqualified from continued residence in a facility
 1373  licensed under this part.
 1374         1. In order for extended congregate care services to be
 1375  provided, the agency must first determine that all requirements
 1376  established in law and rule are met and must specifically
 1377  designate, on the facility’s license, that such services may be
 1378  provided and whether the designation applies to all or part of
 1379  the facility. Such designation may be made at the time of
 1380  initial licensure or relicensure, or upon request in writing by
 1381  a licensee under this part and part II of chapter 408. The
 1382  notification of approval or the denial of the request shall be
 1383  made in accordance with part II of chapter 408. Existing
 1384  facilities qualifying to provide extended congregate care
 1385  services must have maintained a standard license and may not
 1386  have been subject to administrative sanctions during the
 1387  previous 2 years, or since initial licensure if the facility has
 1388  been licensed for less than 2 years, for any of the following
 1389  reasons:
 1390         a. A class I or class II violation;
 1391         b. Three or more repeat or recurring class III violations
 1392  of identical or similar resident care standards from which a
 1393  pattern of noncompliance is found by the agency;
 1394         c. Three or more class III violations that were not
 1395  corrected in accordance with the corrective action plan approved
 1396  by the agency;
 1397         d. Violation of resident care standards which results in
 1398  requiring the facility to employ the services of a consultant
 1399  pharmacist or consultant dietitian;
 1400         e. Denial, suspension, or revocation of a license for
 1401  another facility licensed under this part in which the applicant
 1402  for an extended congregate care license has at least 25 percent
 1403  ownership interest; or
 1404         f. Imposition of a moratorium pursuant to this part or part
 1405  II of chapter 408 or initiation of injunctive proceedings.
 1406         2. A facility that is licensed to provide extended
 1407  congregate care services shall maintain a written progress
 1408  report on each person who receives services which describes the
 1409  type, amount, duration, scope, and outcome of services that are
 1410  rendered and the general status of the resident’s health. A
 1411  registered nurse, or appropriate designee, representing the
 1412  agency shall visit the facility at least quarterly to monitor
 1413  residents who are receiving extended congregate care services
 1414  and to determine whether if the facility is in compliance with
 1415  this part, part II of chapter 408, and relevant rules. One of
 1416  the visits may be in conjunction with the regular survey. The
 1417  monitoring visits may be provided through contractual
 1418  arrangements with appropriate community agencies. A registered
 1419  nurse shall serve as part of the team that inspects the
 1420  facility. The agency may waive one of the required yearly
 1421  monitoring visits for a facility that has been licensed for at
 1422  least 24 months to provide extended congregate care services,
 1423  if, during the inspection, the registered nurse determines that
 1424  extended congregate care services are being provided
 1425  appropriately, and if the facility has no class I or class II
 1426  violations and no uncorrected class III violations. The agency
 1427  must first consult with the state long-term care ombudsman
 1428  program council for the area in which the facility is located to
 1429  determine whether if any complaints have been made and
 1430  substantiated about the quality of services or care. The agency
 1431  may not waive one of the required yearly monitoring visits if
 1432  complaints have been made and substantiated.
 1433         3. A facility that is licensed to provide extended
 1434  congregate care services must:
 1435         a. Demonstrate the capability to meet unanticipated
 1436  resident service needs.
 1437         b. Offer a physical environment that promotes a homelike
 1438  setting, provides for resident privacy, promotes resident
 1439  independence, and allows sufficient congregate space as defined
 1440  by rule.
 1441         c. Have sufficient staff available, taking into account the
 1442  physical plant and firesafety features of the building, to
 1443  assist with the evacuation of residents in an emergency.
 1444         d. Adopt and follow policies and procedures that maximize
 1445  resident independence, dignity, choice, and decisionmaking to
 1446  permit residents to age in place, so that moves due to changes
 1447  in functional status are minimized or avoided.
 1448         e. Allow residents or, if applicable, a resident’s
 1449  representative, designee, surrogate, guardian, or attorney in
 1450  fact to make a variety of personal choices, participate in
 1451  developing service plans, and share responsibility in
 1452  decisionmaking.
 1453         f. Implement the concept of managed risk.
 1454         g. Provide, directly or through contract, the services of a
 1455  person licensed under part I of chapter 464.
 1456         h. In addition to the training mandated in s. 429.52,
 1457  provide specialized training as defined by rule for facility
 1458  staff.
 1459         4. A facility that is licensed to provide extended
 1460  congregate care services is exempt from the criteria for
 1461  continued residency set forth in rules adopted under s. 429.41.
 1462  A licensed facility must adopt its own requirements within
 1463  guidelines for continued residency set forth by rule. However,
 1464  the facility may not serve residents who require 24-hour nursing
 1465  supervision. A licensed facility that provides extended
 1466  congregate care services must also provide each resident with a
 1467  written copy of facility policies governing admission and
 1468  retention.
 1469         5. The primary purpose of extended congregate care services
 1470  is to allow residents, as they become more impaired, the option
 1471  of remaining in a familiar setting from which they would
 1472  otherwise be disqualified for continued residency. A facility
 1473  licensed to provide extended congregate care services may also
 1474  admit an individual who exceeds the admission criteria for a
 1475  facility with a standard license, if the individual is
 1476  determined appropriate for admission to the extended congregate
 1477  care facility.
 1478         6. Before the admission of an individual to a facility
 1479  licensed to provide extended congregate care services, the
 1480  individual must undergo a medical examination as provided in s.
 1481  429.26(4) and the facility must develop a preliminary service
 1482  plan for the individual.
 1483         7. When a facility can no longer provide or arrange for
 1484  services in accordance with the resident’s service plan and
 1485  needs and the facility’s policy, the facility shall make
 1486  arrangements for relocating the person in accordance with s.
 1487  429.28(1)(k).
 1488         8. Failure to provide extended congregate care services may
 1489  result in denial of extended congregate care license renewal.
 1490         Section 36. Subsection (9) of section 429.19, Florida
 1491  Statutes, is amended to read:
 1492         429.19 Violations; imposition of administrative fines;
 1493  grounds.—
 1494         (9) The agency shall develop and disseminate an annual list
 1495  of all facilities sanctioned or fined for violations of state
 1496  standards, the number and class of violations involved, the
 1497  penalties imposed, and the current status of cases. The list
 1498  shall be disseminated, at no charge, to the Department of
 1499  Elderly Affairs, the Department of Health, the Department of
 1500  Children and Families Family Services, the Agency for Persons
 1501  with Disabilities, the area agencies on aging, the Florida
 1502  Statewide Advocacy Council, and the state and local ombudsman
 1503  program councils. The Department of Children and Families Family
 1504  Services shall disseminate the list to service providers under
 1505  contract to the department who are responsible for referring
 1506  persons to a facility for residency. The agency may charge a fee
 1507  commensurate with the cost of printing and postage to other
 1508  interested parties requesting a copy of this list. This
 1509  information may be provided electronically or through the
 1510  agency’s Internet site.
 1511         Section 37. Subsection (8) of section 429.26, Florida
 1512  Statutes, is amended to read:
 1513         429.26 Appropriateness of placements; examinations of
 1514  residents.—
 1515         (8) The Department of Children and Families Family Services
 1516  may require an examination for supplemental security income and
 1517  optional state supplementation recipients residing in facilities
 1518  at any time and shall provide the examination whenever a
 1519  resident’s condition requires it. Any facility administrator;
 1520  personnel of the agency, the department, or the Department of
 1521  Children and Families Family Services; or representative of the
 1522  state long-term care ombudsman program council member who
 1523  believes a resident needs to be evaluated shall notify the
 1524  resident’s case manager, who shall take appropriate action. A
 1525  report of the examination findings shall be provided to the
 1526  resident’s case manager and the facility administrator to help
 1527  the administrator meet his or her responsibilities under
 1528  subsection (1).
 1529         Section 38. Subsection (2) and paragraph (b) of subsection
 1530  (3) of section 429.28, Florida Statutes, are amended to read:
 1531         429.28 Resident bill of rights.—
 1532         (2) The administrator of a facility shall ensure that a
 1533  written notice of the rights, obligations, and prohibitions set
 1534  forth in this part is posted in a prominent place in each
 1535  facility and read or explained to residents who cannot read.
 1536  This notice shall include the statewide toll-free telephone
 1537  number and e-mail address name, address, and telephone numbers
 1538  of the state local ombudsman program council and central abuse
 1539  hotline and, when applicable, the Advocacy Center for Persons
 1540  with Disabilities, Inc., and the Florida local advocacy council,
 1541  where complaints may be lodged. The facility must ensure a
 1542  resident’s access to a telephone to call the state local
 1543  ombudsman program council, central abuse hotline, Advocacy
 1544  Center for Persons with Disabilities, Inc., and the Florida
 1545  local advocacy council.
 1546         (3)
 1547         (b) In order to determine whether the facility is
 1548  adequately protecting residents’ rights, the biennial survey
 1549  shall include private informal conversations with a sample of
 1550  residents and consultation with the state ombudsman program
 1551  council in the planning and service area in which the facility
 1552  is located to discuss residents’ experiences within the
 1553  facility.
 1554         Section 39. Section 429.34, Florida Statutes, is amended to
 1555  read:
 1556         429.34 Right of entry and inspection.—In addition to the
 1557  requirements of s. 408.811, any duly designated officer or
 1558  employee of the department, the Department of Children and
 1559  Families Family Services, the Medicaid Fraud Control Unit of the
 1560  Office of the Attorney General, the state or local fire marshal,
 1561  or a representative member of the state or local long-term care
 1562  ombudsman program has council shall have the right to enter
 1563  unannounced upon and into the premises of any facility licensed
 1564  pursuant to this part in order to determine the state of
 1565  compliance with the provisions of this part, part II of chapter
 1566  408, and applicable rules. Data collected by the state or local
 1567  long-term care ombudsman program councils or the state or local
 1568  advocacy councils may be used by the agency in investigations
 1569  involving violations of regulatory standards.
 1570         Section 40. Subsection (2) of section 429.35, Florida
 1571  Statutes, is amended to read:
 1572         429.35 Maintenance of records; reports.—
 1573         (2) Within 60 days after the date of the biennial
 1574  inspection visit required under s. 408.811 or within 30 days
 1575  after the date of any interim visit, the agency shall forward
 1576  the results of the inspection to the state local ombudsman
 1577  program council in whose planning and service area, as defined
 1578  in part II of chapter 400, the facility is located; to at least
 1579  one public library or, in the absence of a public library, the
 1580  county seat in the county in which the inspected assisted living
 1581  facility is located; and, when appropriate, to the district
 1582  Adult Services and Mental Health Program Offices.
 1583         Section 41. Subsection (2) of section 429.85, Florida
 1584  Statutes, is amended to read:
 1585         429.85 Residents’ bill of rights.—
 1586         (2) The provider shall ensure that residents and their
 1587  legal representatives are made aware of the rights, obligations,
 1588  and prohibitions set forth in this part. Residents must also be
 1589  given the statewide toll-free telephone number and e-mail
 1590  address of the state ombudsman program and the telephone number
 1591  of names, addresses, and telephone numbers of the local
 1592  ombudsman council and the central abuse hotline where they may
 1593  lodge complaints.
 1594         Section 42. Subsection (17) of section 744.444, Florida
 1595  Statutes, is amended to read:
 1596         744.444 Power of guardian without court approval.—Without
 1597  obtaining court approval, a plenary guardian of the property, or
 1598  a limited guardian of the property within the powers granted by
 1599  the order appointing the guardian or an approved annual or
 1600  amended guardianship report, may:
 1601         (17) Provide confidential information about a ward that is
 1602  related to an investigation arising under part I of chapter 400
 1603  to a representative of the local or state ombudsman program
 1604  council member conducting such an investigation. Any such
 1605  ombudsman has shall have a duty to maintain the confidentiality
 1606  of such information.
 1607         Section 43. This act shall take effect July 1, 2013.
 1608  
 1609  ================= T I T L E  A M E N D M E N T ================
 1610         And the title is amended as follows:
 1611         Delete everything before the enacting clause
 1612  and insert:
 1613                        A bill to be entitled                      
 1614         An act relating to the state ombudsman program;
 1615         amending s. 400.0060, F.S.; revising and providing
 1616         definitions; amending s. 400.0061, F.S.; revising
 1617         legislative intent with respect to citizen ombudsmen;
 1618         deleting references to ombudsman councils and
 1619         transferring their responsibilities to representatives
 1620         of the Office of State Long-Term Care Ombudsman;
 1621         amending s. 400.0063, F.S.; revising duties of the
 1622         office; amending s. 400.0065, F.S.; revising the
 1623         purpose of the Office of State Long-Term Care
 1624         Ombudsman; establishing districts; requiring the state
 1625         ombudsman to submit an annual report to the Governor,
 1626         the Legislature, and specified agencies and entities;
 1627         amending s. 400.0067, F.S.; revising duties and
 1628         membership of the State Long-Term Care Ombudsman
 1629         Council; amending s. 400.0069, F.S.; requiring the
 1630         state ombudsman to designate and direct program
 1631         districts; providing duties of representatives of the
 1632         office in the districts; providing for appointment and
 1633         qualifications of district ombudsmen; prohibiting
 1634         certain individuals from serving as ombudsmen;
 1635         amending s. 400.0070, F.S.; providing conditions under
 1636         which a representative of the office could be found to
 1637         have a conflict of interest; amending s. 400.0071,
 1638         F.S.; requiring the Department of Elderly Affairs to
 1639         consult with the state ombudsman before adopting rules
 1640         pertaining to complaint resolution; amending s.
 1641         400.0073, F.S.; providing procedures for investigation
 1642         of complaints; amending s. 400.0074, F.S.; revising
 1643         procedures for conducting onsite administrative
 1644         assessments; authorizing the department to adopt
 1645         rules; amending s. 400.0075, F.S.; revising complaint
 1646         notification and resolution procedures; amending s.
 1647         400.0078, F.S.; providing for a resident or
 1648         representative of a resident to receive additional
 1649         information regarding resident rights; amending s.
 1650         400.0079, F.S.; providing immunity from liability for
 1651         a representative of the office under certain
 1652         circumstances; amending s. 400.0081, F.S.; requiring
 1653         long-term care facilities to provide representatives
 1654         of the office with access to facilities, residents,
 1655         and records for certain purposes; amending s.
 1656         400.0083, F.S.; conforming provisions to changes made
 1657         by the act; amending s. 400.0087, F.S.; providing for
 1658         the office to coordinate ombudsman services with
 1659         Disability Rights Florida; amending s. 400.0089, F.S.;
 1660         conforming provisions to changes made by the act;
 1661         amending s. 400.0091, F.S.; revising training
 1662         requirements for representatives of the office and
 1663         ombudsmen; amending ss. 20.41, 400.021, 400.022,
 1664         400.0255, 400.1413, 400.162, 400.19, 400.191, 400.23,
 1665         400.235, 415.1034, 415.104, 415.1055, 415.106,
 1666         415.107, 429.02, 429.07, 429.19, 429.26, 429.28,
 1667         429.34, 429.35, 429.85, and 744.444, F.S.; conforming
 1668         provisions to changes made by the act; providing an
 1669         effective date.