Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 1212
Senate . House
Comm: RCS .
The Committee on Children, Families, and Elder Affairs (Clemens)
recommended the following:
1 Senate Amendment (with title amendment)
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
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.
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
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
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
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
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
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
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;
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
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
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
295 (4)(a) (c)1. All State council members shall serve 3-year
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
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
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
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
417 2. At least one registered nurse who has geriatric
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
430 1. The owner or representative of a long-term care
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
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
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
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
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
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.
603 Section 10. Section 400.0074, Florida Statutes, is amended
604 to read:
605 400.0074 Local ombudsman council Onsite administrative
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
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
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
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.
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
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
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
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
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.
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
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
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
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
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
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
969 2. Subject to the resident’s right to deny or withdraw
970 consent, immediate family or other relatives of the resident.
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
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
1074 (b) The facility administrator, or the facility’s legal
1075 representative or designee.
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.
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.—
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
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
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.
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
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
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,
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
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
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
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
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
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.
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;
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
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.
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
1554 Section 39. Section 429.34, Florida Statutes, is amended to
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.
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.