Florida Senate - 2014                                     SB 508
       
       
        
       By Senator Detert
       
       
       
       
       
       28-00053A-14                                           2014508__
    1                        A bill to be entitled                      
    2         An act relating to the state ombudsman program;
    3         amending s. 400.0060, F.S.; revising and providing
    4         definitions; amending s. 400.0061, F.S.; revising
    5         legislative intent with respect to citizen ombudsmen;
    6         deleting references to ombudsman councils and
    7         transferring their responsibilities to representatives
    8         of the Office of State Long-Term Care Ombudsman;
    9         amending s. 400.0063, F.S.; revising duties of the
   10         office; amending s. 400.0065, F.S.; revising the
   11         purpose of the office; revising the duties and
   12         authority of the state ombudsman; requiring the state
   13         ombudsman to submit an annual report to the Governor,
   14         the Legislature, and specified agencies and entities;
   15         amending s. 400.0067, F.S.; revising duties and
   16         membership of the State Long-Term Care Ombudsman
   17         Council; amending s. 400.0069, F.S.; requiring the
   18         state ombudsman to designate and direct program
   19         districts; providing duties of representatives of the
   20         office in the districts; revising the appointments of
   21         and qualifications for district ombudsmen; prohibiting
   22         certain individuals from serving as ombudsmen;
   23         deleting provisions that provide for an election of a
   24         chair of a local council and the meeting times for the
   25         local council; amending s. 400.0070, F.S.; providing
   26         conditions under which a representative of the office
   27         could be found to have a conflict of interest;
   28         requiring the Department of Elderly Affairs, in
   29         consultation with the state ombudsman, to define by
   30         rule what constitutes a conflict of interest; amending
   31         s. 400.0071, F.S.; requiring the Department of Elderly
   32         Affairs to consult with the state ombudsman to adopt
   33         rules pertaining to complaint procedures; amending s.
   34         400.0073, F.S.; providing procedures for investigation
   35         of complaints; amending s. 400.0074, F.S.; revising
   36         procedures for conducting onsite administrative
   37         assessments; authorizing the department to adopt
   38         rules; amending s. 400.0075, F.S.; revising complaint
   39         notification and resolution procedures; amending s.
   40         400.0078, F.S.; providing for a resident or
   41         representative of a resident to receive additional
   42         information regarding resident rights; amending s.
   43         400.0079, F.S.; providing immunity from liability for
   44         a representative of the office under certain
   45         circumstances; amending s. 400.0081, F.S.; requiring
   46         long-term care facilities to provide representatives
   47         of the office with access to facilities, residents,
   48         and records for certain purposes; amending s.
   49         400.0083, F.S.; conforming provisions to changes made
   50         by the act; amending s. 400.0087, F.S.; providing for
   51         the office to coordinate ombudsman services with
   52         Disability Rights Florida; amending s. 400.0089, F.S.;
   53         conforming provisions to changes made by the act;
   54         amending s. 400.0091, F.S.; revising training
   55         requirements for representatives of the office and
   56         ombudsmen; amending ss. 20.41, 400.021, 400.022,
   57         400.0255, 400.1413, 400.162, 400.19, 400.191, 400.23,
   58         400.235, 415.102, 415.1034, 415.104, 415.1055,
   59         415.106, 415.107, 429.02, 429.07, 429.19, 429.26,
   60         429.28, 429.34, 429.35, 429.67, 429.85, and 744.444,
   61         F.S.; conforming provisions to changes made by the
   62         act; providing an effective date.
   63          
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Section 400.0060, Florida Statutes, is amended
   67  to read:
   68         400.0060 Definitions.—When used in this part, unless the
   69  context clearly dictates otherwise, the term:
   70         (1) “Administrative assessment” means a review of
   71  conditions in a long-term care facility which impact the rights,
   72  health, safety, and welfare of residents with the purpose of
   73  noting needed improvement and making recommendations to enhance
   74  the quality of life for residents.
   75         (2) “Agency” means the Agency for Health Care
   76  Administration.
   77         (3) “Department” means the Department of Elderly Affairs.
   78         (4) “District” means a geographical area designated by the
   79  state ombudsman in which individuals certified as ombudsmen
   80  carry out the duties of the state ombudsman program “Local
   81  council” means a local long-term care ombudsman council
   82  designated by the ombudsman pursuant to s. 400.0069. Local
   83  councils are also known as district long-term care ombudsman
   84  councils or district councils.
   85         (5) “Long-term care facility” means a nursing home
   86  facility, assisted living facility, adult family-care home,
   87  board and care facility, facility in which continuing long-term
   88  care is provided, or any other similar residential adult care
   89  facility.
   90         (6) “Office” means the Office of State Long-Term Care
   91  Ombudsman created by s. 400.0063.
   92         (7) “Ombudsman” means an individual who has been certified
   93  by the state ombudsman as meeting the requirements of ss.
   94  400.0069, 400.0070, and 400.0091 the individual appointed by the
   95  Secretary of Elderly Affairs to head the Office of State Long
   96  Term Care Ombudsman.
   97         (8) “Representative of the office” means the state
   98  ombudsman, an employee of the office, or an individual certified
   99  as an ombudsman.
  100         (9)(8) “Resident” means an individual 18 60 years of age or
  101  older who resides in a long-term care facility.
  102         (10)(9) “Secretary” means the Secretary of Elderly Affairs.
  103         (11)(10) “State council” means the State Long-Term Care
  104  Ombudsman Council created by s. 400.0067.
  105         (12) “State ombudsman” means the individual appointed by
  106  the Secretary of Elderly Affairs to head the Office of State
  107  Long-Term Care Ombudsman.
  108         (13) “State ombudsman program” means the program operating
  109  under the direction of the office.
  110         Section 2. Section 400.0061, Florida Statutes, is amended
  111  to read:
  112         400.0061 Legislative findings and intent; long-term care
  113  facilities.—
  114         (1) The Legislature finds that conditions in long-term care
  115  facilities in this state are such that the rights, health,
  116  safety, and welfare of residents are not fully ensured by rules
  117  of the Department of Elderly Affairs or the Agency for Health
  118  Care Administration or by the good faith of owners or operators
  119  of long-term care facilities. Furthermore, there is a need for a
  120  formal mechanism whereby a long-term care facility resident, a
  121  representative of a long-term care facility resident, or any
  122  other concerned citizen may make a complaint against the
  123  facility or its employees, or against other persons who are in a
  124  position to restrict, interfere with, or threaten the rights,
  125  health, safety, or welfare of a long-term care facility
  126  resident. The Legislature finds that concerned citizens are
  127  often more effective advocates for the rights of others than
  128  governmental agencies. The Legislature further finds that in
  129  order to be eligible to receive an allotment of funds authorized
  130  and appropriated under the federal Older Americans Act, the
  131  state must establish and operate an Office of State Long-Term
  132  Care Ombudsman, to be headed by the state Long-Term Care
  133  ombudsman, and carry out a state long-term care ombudsman
  134  program.
  135         (2) It is the intent of the Legislature, therefore, to use
  136  utilize voluntary citizen ombudsmen ombudsman councils under the
  137  leadership of the state ombudsman, and, through them, to operate
  138  a state an ombudsman program, which shall, without interference
  139  by any executive agency, undertake to discover, investigate, and
  140  determine the presence of conditions or individuals who which
  141  constitute a threat to the rights, health, safety, or welfare of
  142  the residents of long-term care facilities. To ensure that the
  143  effectiveness and efficiency of such investigations are not
  144  impeded by advance notice or delay, the Legislature intends that
  145  representatives of the office ombudsman and ombudsman councils
  146  and their designated representatives not be required to obtain
  147  warrants in order to enter into or conduct investigations or
  148  onsite administrative assessments of long-term care facilities.
  149  It is the further intent of the Legislature that the environment
  150  in long-term care facilities be conducive to the dignity and
  151  independence of residents and that investigations by
  152  representatives of the office ombudsman councils shall further
  153  the enforcement of laws, rules, and regulations that safeguard
  154  the health, safety, and welfare of residents.
  155         Section 3. Section 400.0063, Florida Statutes, is amended
  156  to read:
  157         400.0063 Establishment of Office of State Long-Term Care
  158  Ombudsman; designation of ombudsman and legal advocate.—
  159         (1) There is created an Office of State Long-Term Care
  160  Ombudsman in the Department of Elderly Affairs.
  161         (2)(a) The Office of State Long-Term Care Ombudsman shall
  162  be headed by the state Long-Term Care ombudsman, who shall serve
  163  on a full-time basis and shall personally, or through
  164  representatives of the office, carry out the purposes and
  165  functions of the state ombudsman program office in accordance
  166  with state and federal law.
  167         (b) The state ombudsman shall be appointed by and shall
  168  serve at the pleasure of the Secretary of Elderly Affairs. The
  169  secretary shall appoint a person who has expertise and
  170  experience in the fields of long-term care and advocacy to serve
  171  as state ombudsman.
  172         (3)(a) There is created in the office the position of legal
  173  advocate, who shall be selected by and serve at the pleasure of
  174  the state ombudsman and shall be a member in good standing of
  175  The Florida Bar.
  176         (b) The duties of the legal advocate shall include, but not
  177  be limited to:
  178         1. Assisting the state ombudsman in carrying out the duties
  179  of the office with respect to the abuse, neglect, exploitation,
  180  or violation of rights of residents of long-term care
  181  facilities.
  182         2. Assisting the state council and representatives of the
  183  office local councils in carrying out their responsibilities
  184  under this part.
  185         3. Pursuing administrative, legal, and other appropriate
  186  remedies on behalf of residents.
  187         4. Serving as legal counsel to the state council and
  188  representatives of the office local councils, or individual
  189  members thereof, against whom any suit or other legal action
  190  that is initiated in connection with the performance of the
  191  official duties of the state ombudsman program councils or an
  192  individual member.
  193         Section 4. Section 400.0065, Florida Statutes, is amended
  194  to read:
  195         400.0065 Office of State Long-Term Care Ombudsman; duties
  196  and responsibilities.—
  197         (1) The purpose of the Office of State Long-Term Care
  198  Ombudsman is shall be to:
  199         (a) Identify, investigate, and resolve complaints made by
  200  or on behalf of residents of long-term care facilities relating
  201  to actions or omissions by providers or representatives of
  202  providers of long-term care services, other public or private
  203  agencies, guardians, or representative payees that may adversely
  204  affect the health, safety, welfare, or rights of the residents.
  205         (b) Provide services that assist in protecting the health,
  206  safety, welfare, and rights of residents.
  207         (c) Inform residents, their representatives, and other
  208  citizens about obtaining the services of the state Long-Term
  209  Care ombudsman program and its representatives.
  210         (d) Ensure that residents have regular and timely access to
  211  the services provided through the office and that residents and
  212  complainants receive timely responses from representatives of
  213  the office to their complaints.
  214         (e) Represent the interests of residents before
  215  governmental agencies and seek administrative, legal, and other
  216  remedies to protect the health, safety, welfare, and rights of
  217  the residents.
  218         (f) Administer the state council and local councils.
  219         (g) Analyze, comment on, and monitor the development and
  220  implementation of federal, state, and local laws, rules, and
  221  regulations, and other governmental policies and actions, that
  222  pertain to the health, safety, welfare, and rights of the
  223  residents, with respect to the adequacy of long-term care
  224  facilities and services in the state, and recommend any changes
  225  in such laws, rules, regulations, policies, and actions as the
  226  office determines to be appropriate and necessary.
  227         (h) Provide technical support for the development of
  228  resident and family councils to protect the well-being and
  229  rights of residents.
  230         (2) The state Long-Term Care ombudsman has shall have the
  231  duty and authority to:
  232         (a) Establish and coordinate districts local councils
  233  throughout the state.
  234         (b) Perform the duties specified in state and federal law,
  235  rules, and regulations.
  236         (c) Within the limits of appropriated federal and state
  237  funding, employ such personnel as are necessary to perform
  238  adequately the functions of the office and provide or contract
  239  for legal services to assist the state council and
  240  representatives of the office local councils in the performance
  241  of their duties. Staff positions established for the purpose of
  242  coordinating the activities of each local council and assisting
  243  its members may be filled by the ombudsman after approval by the
  244  secretary. Notwithstanding any other provision of this part,
  245  upon certification by the ombudsman that the staff member hired
  246  to fill any such position has completed the initial training
  247  required under s. 400.0091, such person shall be considered a
  248  representative of the State Long-Term Care Ombudsman Program for
  249  purposes of this part.
  250         (d) Contract for services necessary to carry out the
  251  activities of the office.
  252         (e) Apply for, receive, and accept grants, gifts, or other
  253  payments, including, but not limited to, real property, personal
  254  property, and services from a governmental entity or other
  255  public or private entity or person, and make arrangements for
  256  the use of such grants, gifts, or payments.
  257         (f) Coordinate, to the greatest extent possible, state and
  258  local ombudsman services with the protection and advocacy
  259  systems for individuals with developmental disabilities and
  260  mental illnesses and with legal assistance programs for the poor
  261  through adoption of memoranda of understanding and other means.
  262         (g) Enter into a cooperative agreement with the Statewide
  263  Advocacy Council for the purpose of coordinating and avoiding
  264  duplication of advocacy services provided to residents.
  265         (g)(h) Enter into a cooperative agreement with the Medicaid
  266  Fraud Division as prescribed under s. 731(e)(2)(B) of the Older
  267  Americans Act.
  268         (h)(i) Prepare an annual report describing the activities
  269  carried out by the office, the state council, and the districts
  270  local councils in the year for which the report is prepared. The
  271  state ombudsman shall submit the report to the secretary, the
  272  United States Assistant Secretary for Aging, the Governor, the
  273  President of the Senate, the Speaker of the House of
  274  Representatives, the Secretary of Children and Families, and the
  275  Secretary of Health Care Administration at least 30 days before
  276  the convening of the regular session of the Legislature. The
  277  secretary shall in turn submit the report to the United States
  278  Assistant Secretary for Aging, the Governor, the President of
  279  the Senate, the Speaker of the House of Representatives, the
  280  Secretary of Children and Family Services, and the Secretary of
  281  Health Care Administration. The report must shall, at a minimum:
  282         1. Contain and analyze data collected concerning complaints
  283  about and conditions in long-term care facilities and the
  284  disposition of such complaints.
  285         2. Evaluate the problems experienced by residents.
  286         3. Analyze the successes of the state ombudsman program
  287  during the preceding year, including an assessment of how
  288  successfully the office program has carried out its
  289  responsibilities under the Older Americans Act.
  290         4. Provide recommendations for policy, regulatory, and
  291  statutory changes designed to solve identified problems; resolve
  292  residents’ complaints; improve residents’ lives and quality of
  293  care; protect residents’ rights, health, safety, and welfare;
  294  and remove any barriers to the optimal operation of the state
  295  Long-Term Care ombudsman program.
  296         5. Contain recommendations from the state Long-Term Care
  297  Ombudsman council regarding program functions and activities and
  298  recommendations for policy, regulatory, and statutory changes
  299  designed to protect residents’ rights, health, safety, and
  300  welfare.
  301         6. Contain any relevant recommendations from
  302  representatives of the office local councils regarding program
  303  functions and activities.
  304         Section 5. Section 400.0067, Florida Statutes, is amended
  305  to read:
  306         400.0067 State Long-Term Care Ombudsman Council; duties;
  307  membership.—
  308         (1) There is created, within the Office of State Long-Term
  309  Care Ombudsman, the State Long-Term Care Ombudsman Council.
  310         (2) The state Long-Term Care Ombudsman council shall:
  311         (a) Serve as an advisory body to assist the state ombudsman
  312  in reaching a consensus among districts local councils on issues
  313  affecting residents and impacting the optimal operation of the
  314  program.
  315         (b) Serve as an appellate body in receiving from the
  316  districts local councils complaints not resolved at the district
  317  local level. Any individual member or members of the state
  318  council may enter any long-term care facility involved in an
  319  appeal, pursuant to the conditions specified in s. 400.0074(2).
  320         (c) Assist the state ombudsman to discover, investigate,
  321  and determine the existence of abuse or neglect in any long-term
  322  care facility, and work with the adult protective services
  323  program as required in ss. 415.101-415.113.
  324         (d) Assist the state ombudsman in eliciting, receiving,
  325  responding to, and resolving complaints made by or on behalf of
  326  residents.
  327         (e) Elicit and coordinate state, district local, and
  328  voluntary organizational assistance for the purpose of improving
  329  the care received by residents.
  330         (f) Assist the state ombudsman in preparing the annual
  331  report described in s. 400.0065.
  332         (3) The state Long-Term Care Ombudsman council shall be
  333  composed of one active ombudsman from each district local
  334  council member elected by each local council plus three at-large
  335  members appointed by the secretary Governor.
  336         (a) Each district manager, in consultation with the
  337  district ombudsmen, shall select a district ombudsman local
  338  council shall elect by majority vote a representative from among
  339  the council members to represent the interests of the district
  340  local council on the state council. A local council chair may
  341  not serve as the representative of the local council on the
  342  state council.
  343         (b)1. The state ombudsman secretary, after consulting with
  344  the ombudsman, shall submit to the secretary Governor a list of
  345  individuals persons recommended for appointment to the at-large
  346  positions on the state council. The list may shall not include
  347  the name of any individual person who is currently serving in a
  348  district on a local council.
  349         2. The secretary Governor shall appoint three at-large
  350  members chosen from the list.
  351         3. If the secretary Governor does not appoint an at-large
  352  member to fill a vacant position within 60 days after the list
  353  is submitted, the state secretary, after consulting with the
  354  ombudsman, shall appoint an at-large member to fill that vacant
  355  position.
  356         (4)(a)(c)1.All State council members shall serve 3-year
  357  terms.
  358         2. A member of the state council may not serve more than
  359  two consecutive terms.
  360         (b)3. A district manager, in consultation with the district
  361  ombudsmen, local council may recommend replacement removal of
  362  its selected ombudsman elected representative from the state
  363  council by a majority vote. If the district manager, in
  364  consultation with the district ombudsmen, selects a replacement
  365  ombudsman, the district manager council votes to remove its
  366  representative, the local council chair shall immediately notify
  367  the state ombudsman. The secretary shall advise the Governor of
  368  the local council’s vote upon receiving notice from the
  369  ombudsman.
  370         (c)4. The position of any member missing three state
  371  council meetings within a 1-year period without cause may be
  372  declared vacant by the state ombudsman. The findings of the
  373  state ombudsman regarding cause shall be final and binding.
  374         (d)5. Any vacancy on the state council shall be filled in
  375  the same manner as the original appointment.
  376         (e)(d)1. The state council shall elect a chair to serve for
  377  a term of 1 year. A chair may not serve more than two
  378  consecutive terms.
  379         2. The chair shall select a vice chair from among the
  380  members. The vice chair shall preside over the state council in
  381  the absence of the chair.
  382         3. The chair may create additional executive positions as
  383  necessary to carry out the duties of the state council. Any
  384  person appointed to an executive position shall serve at the
  385  pleasure of the chair, and his or her term shall expire on the
  386  same day as the term of the chair.
  387         4. A chair may be immediately removed from office before
  388  prior to the expiration of his or her term by a vote of two
  389  thirds of all state council members present at any meeting at
  390  which a quorum is present. If a chair is removed from office
  391  before prior to the expiration of his or her term, a replacement
  392  chair shall be chosen during the same meeting in the same manner
  393  as described in this paragraph, and the term of the replacement
  394  chair shall begin immediately. The replacement chair shall serve
  395  for the remainder of the term and is eligible to serve two
  396  subsequent consecutive terms.
  397         (f)(e)1. The state council shall meet upon the call of the
  398  chair or upon the call of the state ombudsman. The state council
  399  shall meet at least quarterly but may meet more frequently as
  400  needed.
  401         2. A quorum shall be considered present if more than 50
  402  percent of all active state council members are in attendance at
  403  the same meeting.
  404         3. The state council may not vote on or otherwise make any
  405  decisions resulting in a recommendation that will directly
  406  impact the state council or any district local council, outside
  407  of a publicly noticed meeting at which a quorum is present.
  408         (g)(f) Members may not shall receive no compensation but
  409  shall, with approval from the state ombudsman, be reimbursed for
  410  per diem and travel expenses as provided in s. 112.061.
  411         Section 6. Section 400.0069, Florida Statutes, is amended
  412  to read:
  413         400.0069 Local Long-term care ombudsman districts councils;
  414  duties; appointment membership.—
  415         (1)(a) The state ombudsman shall designate districts local
  416  long-term care ombudsman councils to carry out the duties of the
  417  state Long-Term Care ombudsman program within local communities.
  418  Each district local council shall function under the direction
  419  of the state ombudsman.
  420         (b) The state ombudsman shall ensure that there are
  421  representatives of the office is at least one local council
  422  operating in each district of the department’s planning and
  423  service areas. The ombudsman may create additional local
  424  councils as necessary to ensure that residents throughout the
  425  state have adequate access to state Long-Term Care ombudsman
  426  program services. The ombudsman, after approval from the
  427  secretary, shall designate the jurisdictional boundaries of each
  428  local council.
  429         (2) The duties of the representatives of the office in the
  430  districts local councils are to:
  431         (a) Provide services to assist in Serve as a third-party
  432  mechanism for protecting the health, safety, welfare, and civil
  433  and human rights of residents.
  434         (b) Discover, investigate, and determine the existence of
  435  abuse, or neglect, or exploitation using in any long-term care
  436  facility and to use the procedures provided for in ss. 415.101
  437  415.113 when applicable.
  438         (c) Identify Elicit, receive, investigate, respond to, and
  439  resolve complaints made by or on behalf of residents relating to
  440  actions or omissions by providers or representatives of
  441  providers of long-term care services, other public or private
  442  agencies, guardians, or representative payees which may
  443  adversely affect the health, safety, welfare, or rights of
  444  residents.
  445         (d) Review and, if necessary, comment on all existing or
  446  proposed rules, regulations, and other governmental policies and
  447  actions relating to long-term care facilities that may
  448  potentially have an effect on the rights, health, safety,
  449  welfare, and rights welfare of residents.
  450         (e) Review personal property and money accounts of
  451  residents who are receiving assistance under the Medicaid
  452  program pursuant to an investigation to obtain information
  453  regarding a specific complaint or problem.
  454         (f) Recommend that the state ombudsman and the legal
  455  advocate seek administrative, legal, and other remedies to
  456  protect the health, safety, welfare, and rights of the
  457  residents.
  458         (g) Provide technical assistance for the development of
  459  resident and family councils within long-term care facilities.
  460         (h)(g) Carry out other activities that the state ombudsman
  461  determines to be appropriate.
  462         (3) In order to carry out the duties specified in
  463  subsection (2), a representative of the office may member of a
  464  local council is authorized to enter any long-term care facility
  465  without notice or without first obtaining a warrant; however,
  466  subject to the provisions of s. 400.0074(2) may apply regarding
  467  notice of a followup administrative assessment.
  468         (4) Each district local council shall be composed of
  469  ombudsmen members whose primary residences are residence is
  470  located within the boundaries of the district local council’s
  471  jurisdiction.
  472         (a) Upon good cause shown, the state ombudsman may appoint
  473  an ombudsman to another district. The ombudsman shall strive to
  474  ensure that each local council include the following persons as
  475  members:
  476         1. At least one medical or osteopathic physician whose
  477  practice includes or has included a substantial number of
  478  geriatric patients and who may practice in a long-term care
  479  facility;
  480         2. At least one registered nurse who has geriatric
  481  experience;
  482         3. At least one licensed pharmacist;
  483         4. At least one registered dietitian;
  484         5. At least six nursing home residents or representative
  485  consumer advocates for nursing home residents;
  486         6. At least three residents of assisted living facilities
  487  or adult family-care homes or three representative consumer
  488  advocates for alternative long-term care facility residents;
  489         7. At least one attorney; and
  490         8. At least one professional social worker.
  491         (b) The following individuals may not be appointed as
  492  ombudsmen:
  493         1. The owner or representative of a long-term care
  494  facility.
  495         2. A provider or representative of a provider of long-term
  496  care service.
  497         3. An employee of the agency.
  498         4. An employee of the department, except for a
  499  representative of the office.
  500         5. An employee of the Department of Children and Families.
  501         6. An employee of the Agency for Persons with Disabilities
  502  In no case shall the medical director of a long-term care
  503  facility or an employee of the agency, the department, the
  504  Department of Children and Family Services, or the Agency for
  505  Persons with Disabilities serve as a member or as an ex officio
  506  member of a council.
  507         (5)(a) To be appointed as an ombudsman, an individual must:
  508         1.Individuals wishing to join a local council shall Submit
  509  an application to the state ombudsman or his or her designee.
  510         2. Successfully complete level 2 background screening
  511  pursuant to s. 430.0402 and chapter 435 The ombudsman shall
  512  review the individual’s application and advise the secretary of
  513  his or her recommendation for approval or disapproval of the
  514  candidate’s membership on the local council. If the secretary
  515  approves of the individual’s membership, the individual shall be
  516  appointed as a member of the local council.
  517         (b) The state ombudsman shall approve or deny the
  518  appointment of the individual as an ombudsman The secretary may
  519  rescind the ombudsman’s approval of a member on a local council
  520  at any time. If the secretary rescinds the approval of a member
  521  on a local council, the ombudsman shall ensure that the
  522  individual is immediately removed from the local council on
  523  which he or she serves and the individual may no longer
  524  represent the State Long-Term Care Ombudsman Program until the
  525  secretary provides his or her approval.
  526         (c) Upon appointment as an ombudsman, the individual may
  527  participate in district activities but may not represent the
  528  office or conduct any authorized program duties until the
  529  individual has completed the initial training specified in s.
  530  400.0091(1) and has been certified by the state ombudsman.
  531         (d) The state ombudsman, for good cause shown, such as
  532  development of a conflict of interest, failure to adhere to the
  533  policies and procedures established by the office, or
  534  demonstrated inability to carry out the responsibilities of the
  535  office, may rescind the appointment of an individual as an
  536  ombudsman. After the appointment is rescinded, the individual
  537  may not conduct any duties as an ombudsman and may not represent
  538  the office or the state ombudsman program A local council may
  539  recommend the removal of one or more of its members by
  540  submitting to the ombudsman a resolution adopted by a two-thirds
  541  vote of the members of the council stating the name of the
  542  member or members recommended for removal and the reasons for
  543  the recommendation. If such a recommendation is adopted by a
  544  local council, the local council chair or district coordinator
  545  shall immediately report the council’s recommendation to the
  546  ombudsman. The ombudsman shall review the recommendation of the
  547  local council and advise the secretary of his or her
  548  recommendation regarding removal of the council member or
  549  members.
  550         (6)(a) Each local council shall elect a chair for a term of
  551  1 year. There shall be no limitation on the number of terms that
  552  an approved member of a local council may serve as chair.
  553         (b) The chair shall select a vice chair from among the
  554  members of the council. The vice chair shall preside over the
  555  council in the absence of the chair.
  556         (c) The chair may create additional executive positions as
  557  necessary to carry out the duties of the local council. Any
  558  person appointed to an executive position shall serve at the
  559  pleasure of the chair, and his or her term shall expire on the
  560  same day as the term of the chair.
  561         (d) A chair may be immediately removed from office prior to
  562  the expiration of his or her term by a vote of two-thirds of the
  563  members of the local council. If any chair is removed from
  564  office prior to the expiration of his or her term, a replacement
  565  chair shall be elected during the same meeting, and the term of
  566  the replacement chair shall begin immediately. The replacement
  567  chair shall serve for the remainder of the term of the person he
  568  or she replaced.
  569         (7) Each local council shall meet upon the call of its
  570  chair or upon the call of the ombudsman. Each local council
  571  shall meet at least once a month but may meet more frequently if
  572  necessary.
  573         (6)(8)An ombudsman may not A member of a local council
  574  shall receive no compensation but shall, with approval from the
  575  state ombudsman, be reimbursed for travel expenses both within
  576  and outside the jurisdiction of the local council in accordance
  577  with the provisions of s. 112.061.
  578         (7)(9)A representative of the office may The local
  579  councils are authorized to call upon appropriate state agencies
  580  of state government for such professional assistance as may be
  581  needed in the discharge of his or her their duties, and such.
  582  All state agencies shall cooperate with the local councils in
  583  providing requested information and agency representation at
  584  council meetings.
  585         Section 7. Section 400.0070, Florida Statutes, is amended
  586  to read:
  587         400.0070 Conflicts of interest.—
  588         (1) A representative of the office may The ombudsman shall
  589  not:
  590         (a) Have a direct involvement in the licensing or
  591  certification of, or an ownership or investment interest in, a
  592  long-term care facility or a provider of a long-term care
  593  service.
  594         (b) Be employed by, or participate in the management of, a
  595  long-term care facility.
  596         (c) Receive, or have a right to receive, directly or
  597  indirectly, remuneration, in cash or in kind, under a
  598  compensation agreement with the owner or operator of a long-term
  599  care facility.
  600         (2) Each representative employee of the office, each state
  601  council member, and each local council member shall certify that
  602  he or she does not have any has no conflict of interest.
  603         (3) The department, in consultation with the state
  604  ombudsman, shall define by rule:
  605         (a) Situations that constitute an individual a person
  606  having a conflict of interest which that could materially affect
  607  the objectivity or capacity of the individual a person to serve
  608  as a representative on an ombudsman council, or as an employee
  609  of the office, while carrying out the purposes of the State
  610  Long-Term Care Ombudsman Program as specified in this part.
  611         (b) The procedure by which an individual a person listed in
  612  subsection (2) shall certify that he or she does not have a has
  613  no conflict of interest.
  614         Section 8. Section 400.0071, Florida Statutes, is amended
  615  to read:
  616         400.0071 State Long-Term Care ombudsman program complaint
  617  procedures.—The department, in consultation with the state
  618  ombudsman, shall adopt rules implementing state and local
  619  complaint procedures. The rules must include procedures for
  620  receiving, investigating, identifying, and resolving complaints
  621  concerning the health, safety, welfare, and rights of residents:
  622         (1) Receiving complaints against a long-term care facility
  623  or an employee of a long-term care facility.
  624         (2) Conducting investigations of a long-term care facility
  625  or an employee of a long-term care facility subsequent to
  626  receiving a complaint.
  627         (3) Conducting onsite administrative assessments of long
  628  term care facilities.
  629         Section 9. Section 400.0073, Florida Statutes, is amended
  630  to read:
  631         400.0073 Complaint State and local ombudsman council
  632  investigations.—
  633         (1) A representative of the office local council shall
  634  identify and investigate, within a reasonable time after a
  635  complaint is made, any complaint made by or on behalf of a
  636  resident, a representative of a resident, or any other credible
  637  source based on an action or omission by an administrator, an
  638  employee, or a representative of a long-term care facility which
  639  might be:
  640         (a) Contrary to law;
  641         (b) Unreasonable, unfair, oppressive, or unnecessarily
  642  discriminatory, even though in accordance with law;
  643         (c) Based on a mistake of fact;
  644         (d) Based on improper or irrelevant grounds;
  645         (e) Unaccompanied by an adequate statement of reasons;
  646         (f) Performed in an inefficient manner; or
  647         (g) Otherwise adversely affecting the health, safety,
  648  welfare, or rights of a resident.
  649         (2) In an investigation, both the state and local councils
  650  have the authority to hold public hearings.
  651         (3) Subsequent to an appeal from a local council, the state
  652  council may investigate any complaint received by the local
  653  council involving a long-term care facility or a resident.
  654         (2)(4) If a representative of the office the ombudsman or
  655  any state or local council member is not allowed to enter a
  656  long-term care facility, the administrator of the facility shall
  657  be considered to have interfered with a representative of the
  658  office, the state council, or the local council in the
  659  performance of official duties as described in s. 400.0083(1)
  660  and to have violated committed a violation of this part. The
  661  representative of the office ombudsman shall report a facility’s
  662  refusal to allow entry to the facility to the state ombudsman or
  663  his or her designee, who shall report the incident to the
  664  agency, and the agency shall record the report and take it into
  665  consideration when determining actions allowable under s.
  666  400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
  667  429.71.
  668         Section 10. Section 400.0074, Florida Statutes, is amended
  669  to read:
  670         400.0074 Local ombudsman council Onsite administrative
  671  assessments.—
  672         (1) A representative of the office shall In addition to any
  673  specific investigation conducted pursuant to a complaint, the
  674  local council shall conduct, at least annually, an onsite
  675  administrative assessment of each nursing home, assisted living
  676  facility, and adult family-care home within its jurisdiction.
  677  This administrative assessment must be resident-centered and
  678  must shall focus on factors affecting the rights, health,
  679  safety, and welfare of the residents. Each local council is
  680  encouraged to conduct a similar onsite administrative assessment
  681  of each additional long-term care facility within its
  682  jurisdiction.
  683         (2) An onsite administrative assessment is conducted by a
  684  local council shall be subject to the following conditions:
  685         (a) To the extent possible and reasonable, the
  686  administrative assessment may assessments shall not duplicate
  687  the efforts of the agency surveys and inspections conducted by
  688  state agencies of long-term care facilities under part II of
  689  this chapter and parts I and II of chapter 429.
  690         (b) An administrative assessment shall be conducted at a
  691  time and for a duration necessary to produce the information
  692  required to complete the assessment carry out the duties of the
  693  local council.
  694         (c) Advance notice of an administrative assessment may not
  695  be provided to a long-term care facility, except that notice of
  696  followup assessments on specific problems may be provided.
  697         (d) A representative of the office local council member
  698  physically present for the administrative assessment must shall
  699  identify himself or herself to the administrator and cite the
  700  specific statutory authority for his or her assessment of the
  701  facility or his or her designee.
  702         (e) An administrative assessment may not unreasonably
  703  interfere with the programs and activities of residents.
  704         (f) A representative of the office local council member may
  705  not enter a single-family residential unit within a long-term
  706  care facility during an administrative assessment without the
  707  permission of the resident or the representative of the
  708  resident.
  709         (g) An administrative assessment shall must be conducted in
  710  a manner that does not impose an will impose no unreasonable
  711  burden on a long-term care facility.
  712         (3) Regardless of jurisdiction, the ombudsman may authorize
  713  a state or local council member to assist another local council
  714  to perform the administrative assessments described in this
  715  section.
  716         (4) An onsite administrative assessment may not be
  717  accomplished by forcible entry. However, if a representative of
  718  the office ombudsman or a state or local council member is not
  719  allowed to enter a long-term care facility, the administrator of
  720  the facility shall be considered to have interfered with a
  721  representative of the office, the state council, or the local
  722  council in the performance of official duties as described in s.
  723  400.0083(1) and to have committed a violation of this part. The
  724  representative of the office ombudsman shall report the refusal
  725  by a facility to allow entry to the state ombudsman or his or
  726  her designee, who shall then report the incident to the agency,
  727  and the agency shall record the report and take it into
  728  consideration when determining actions allowable under s.
  729  400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
  730  429.71.
  731         (4) The department, in consultation with the state
  732  ombudsman, may adopt rules implementing procedures for
  733  conducting onsite administrative assessments of long-term care
  734  facilities.
  735         Section 11. Section 400.0075, Florida Statutes, is amended
  736  to read:
  737         400.0075 Complaint notification and resolution procedures.—
  738         (1)(a) Any complaint or problem verified by a
  739  representative of the office an ombudsman council as a result of
  740  an investigation may or onsite administrative assessment, which
  741  complaint or problem is determined to require remedial action by
  742  the local council, shall be identified and brought to the
  743  attention of the long-term care facility administrator subject
  744  to the confidentiality provisions of s. 400.0077 in writing.
  745  Upon receipt of the information such document, the
  746  administrator, with the concurrence of the representative of the
  747  office local council chair, shall establish target dates for
  748  taking appropriate remedial action. If, by the target date, the
  749  remedial action is not completed or forthcoming, the
  750  representative may extend the target date if there is reason to
  751  believe such action would facilitate the resolution of the
  752  complaint, or the representative may refer the complaint to the
  753  district manager local council chair may, after obtaining
  754  approval from the ombudsman and a majority of the members of the
  755  local council:
  756         1. Extend the target date if the chair has reason to
  757  believe such action would facilitate the resolution of the
  758  complaint.
  759         2. In accordance with s. 400.0077, publicize the complaint,
  760  the recommendations of the council, and the response of the
  761  long-term care facility.
  762         3. Refer the complaint to the state council.
  763         (b) If an ombudsman determines the local council chair
  764  believes that the health, safety, welfare, or rights of a the
  765  resident are in imminent danger, the ombudsman must immediately
  766  notify the district manager. The district manager chair shall
  767  notify the ombudsman or legal advocate, who, after verifying
  768  that such imminent danger exists, must notify the appropriate
  769  state agencies, including law enforcement agencies, the state
  770  ombudsman, and the legal advocate to ensure the protection of
  771  shall seek immediate legal or administrative remedies to protect
  772  the resident.
  773         (c) If the state ombudsman or legal advocate has reason to
  774  believe that the long-term care facility or an employee of the
  775  facility has committed a criminal act, the state ombudsman or
  776  legal advocate shall provide the local law enforcement agency
  777  with the relevant information to initiate an investigation of
  778  the case.
  779         (2)(a) Upon referral from a district local council, the
  780  state ombudsman or his or her designee council shall assume the
  781  responsibility for the disposition of the complaint. If a long
  782  term care facility fails to take action to resolve or remedy the
  783  on a complaint by the state council, the state ombudsman council
  784  may, after obtaining approval from the ombudsman and a majority
  785  of the state council members:
  786         (a)1. In accordance with s. 400.0077, publicize the
  787  complaint, the recommendations of the representatives of the
  788  office local or state council, and the response of the long-term
  789  care facility.
  790         (b)2. Recommend to the department and the agency a series
  791  of facility reviews pursuant to s. 400.19, s. 429.34, or s.
  792  429.67 to ensure correction and nonrecurrence of the conditions
  793  that gave give rise to the complaint complaints against the a
  794  long-term care facility.
  795         (c)3. Recommend to the department and the agency that the
  796  long-term care facility no longer receive payments under any
  797  state assistance program, including Medicaid.
  798         (d)4. Recommend to the department and the agency that
  799  procedures be initiated for action against revocation of the
  800  long-term care facility’s license in accordance with chapter
  801  120.
  802         (b) If the state council chair believes that the health,
  803  safety, welfare, or rights of the resident are in imminent
  804  danger, the chair shall notify the ombudsman or legal advocate,
  805  who, after verifying that such imminent danger exists, shall
  806  seek immediate legal or administrative remedies to protect the
  807  resident.
  808         (3)(c) If the state ombudsman, after consultation with the
  809  legal advocate, has reason to believe that the long-term care
  810  facility or an employee of the facility has committed a criminal
  811  act, the office ombudsman shall provide the local law
  812  enforcement agency with the relevant information to initiate an
  813  investigation of the case.
  814         Section 12. Section 400.0078, Florida Statutes, is amended
  815  to read:
  816         400.0078 Citizen access to state Long-Term Care ombudsman
  817  program services.—
  818         (1) The office shall establish a statewide toll-free
  819  telephone number and e-mail address for receiving complaints
  820  concerning matters adversely affecting the health, safety,
  821  welfare, or rights of residents.
  822         (2) Every resident or representative of a resident shall
  823  receive, Upon admission to a long-term care facility, each
  824  resident or representative of a resident must receive
  825  information regarding:
  826         (a) The purpose of the state Long-Term Care ombudsman
  827  program.,
  828         (b) The statewide toll-free telephone number and e-mail
  829  address for receiving complaints., and
  830         (c) Information that retaliatory action cannot be taken
  831  against a resident for presenting grievances or for exercising
  832  any other resident rights.
  833         (d) Other relevant information regarding how to contact
  834  representatives of the office program.
  835  
  836  Residents or their representatives must be furnished additional
  837  copies of this information upon request.
  838         Section 13. Section 400.0079, Florida Statutes, is amended
  839  to read:
  840         400.0079 Immunity.—
  841         (1) Any person making a complaint pursuant to this part who
  842  does so in good faith shall be immune from any liability, civil
  843  or criminal, that otherwise might be incurred or imposed as a
  844  direct or indirect result of making the complaint.
  845         (2) Representatives of the office and The ombudsman or any
  846  person authorized by the ombudsman to act on behalf of the
  847  office, as well as all members of the state council are and
  848  local councils, shall be immune from any liability, civil or
  849  criminal, that otherwise might be incurred or imposed during the
  850  good faith performance of official duties.
  851         Section 14. Section 400.0081, Florida Statutes, is amended
  852  to read:
  853         400.0081 Access to facilities, residents, and records.—
  854         (1) A long-term care facility shall provide representatives
  855  of the office with, the state council and its members, and the
  856  local councils and their members access to:
  857         (a) Access to Any portion of the long-term care facility
  858  and residents any resident as necessary to investigate or
  859  resolve a complaint.
  860         (b) Appropriate access to medical and social records of a
  861  resident for review as necessary to investigate or resolve a
  862  complaint, if:
  863         1. The representative of the office has the permission of
  864  the resident or the legal representative of the resident; or
  865         2. The resident is unable to consent to the review and does
  866  not have a has no legal representative.
  867         (c) Access to medical and social records of a the resident
  868  as necessary to investigate or resolve a complaint, if:
  869         1. A legal representative or guardian of the resident
  870  refuses to give permission;
  871         2. A representative of the office has reasonable cause to
  872  believe that the legal representative or guardian is not acting
  873  in the best interests of the resident; and
  874         3. The representative of the office state or local council
  875  member obtains the approval of the state ombudsman.
  876         (d) Access to the administrative records, policies, and
  877  documents to which residents or the general public has have
  878  access.
  879         (e) Upon request, copies of all licensing and certification
  880  records maintained by the state with respect to a long-term care
  881  facility.
  882         (2) The department, in consultation with the state
  883  ombudsman and the state council, may adopt rules to establish
  884  procedures to ensure access to facilities, residents, and
  885  records as described in this section.
  886         Section 15. Section 400.0083, Florida Statutes, is amended
  887  to read:
  888         400.0083 Interference; retaliation; penalties.—
  889         (1) A It shall be unlawful for any person, long-term care
  890  facility, or other entity may not to willfully interfere with a
  891  representative of the office or, the state council, or a local
  892  council in the performance of official duties.
  893         (2) A It shall be unlawful for any person, long-term care
  894  facility, or other entity may not to knowingly or willfully take
  895  action or retaliate against any resident, employee, or other
  896  person for filing a complaint with, providing information to, or
  897  otherwise cooperating with any representative of the office or,
  898  the state council, or a local council.
  899         (3) A Any person, long-term care facility, or other entity
  900  that violates this section:
  901         (a) Is Shall be liable for damages and equitable relief as
  902  determined by law.
  903         (b) Commits a misdemeanor of the second degree, punishable
  904  as provided in s. 775.083.
  905         Section 16. Section 400.0087, Florida Statutes, is amended
  906  to read:
  907         400.0087 Department oversight; funding.—
  908         (1) The department shall meet the costs associated with the
  909  state Long-Term Care ombudsman program from funds appropriated
  910  to it.
  911         (a) The department shall include the costs associated with
  912  support of the state Long-Term Care ombudsman program when
  913  developing its budget requests for consideration by the Governor
  914  and submittal to the Legislature.
  915         (b) The department may divert from the federal ombudsman
  916  appropriation an amount equal to the department’s administrative
  917  cost ratio to cover the costs associated with administering the
  918  state ombudsman program. The remaining allotment from the Older
  919  Americans Act program shall be expended on direct ombudsman
  920  activities.
  921         (2) The department shall monitor the office and, the state
  922  council, and the local councils to ensure that each is carrying
  923  out the duties delegated to it by state and federal law.
  924         (3) The department is responsible for ensuring that the
  925  office:
  926         (a) Has the objectivity and independence required to
  927  qualify it for funding under the federal Older Americans Act.
  928         (b) Provides information to public and private agencies,
  929  legislators, and others.
  930         (c) Provides appropriate training to representatives of the
  931  office or of the state or local councils.
  932         (d) Coordinates ombudsman services with Disability Rights
  933  Florida the Advocacy Center for Persons with Disabilities and
  934  with providers of legal services to residents of long-term care
  935  facilities in compliance with state and federal laws.
  936         (4) The department shall also:
  937         (a) Receive and disburse state and federal funds for
  938  purposes that the state ombudsman has formulated in accordance
  939  with the Older Americans Act.
  940         (b) Whenever necessary, act as liaison between agencies and
  941  branches of the federal and state governments and the office
  942  State Long-Term Care Ombudsman Program.
  943         Section 17. Section 400.0089, Florida Statutes, is amended
  944  to read:
  945         400.0089 Complaint data reports.—The office shall maintain
  946  a statewide uniform reporting system to collect and analyze data
  947  relating to complaints and conditions in long-term care
  948  facilities and to residents for the purpose of identifying and
  949  resolving significant complaints problems. The office shall
  950  publish quarterly and make readily available information
  951  pertaining to the number and types of complaints received by the
  952  state Long-Term Care ombudsman program and shall include such
  953  information in the annual report required under s. 400.0065.
  954         Section 18. Section 400.0091, Florida Statutes, is amended
  955  to read:
  956         400.0091 Training.—The state ombudsman shall ensure that
  957  appropriate training is provided to all representatives
  958  employees of the office and to the members of the state and
  959  local councils.
  960         (1) All representatives state and local council members and
  961  employees of the office shall be given a minimum of 20 hours of
  962  training upon employment with the office or appointment as an
  963  ombudsman. Ten approval as a state or local council member and
  964  10 hours of continuing education is required annually
  965  thereafter.
  966         (2) The state ombudsman shall approve the curriculum for
  967  the initial and continuing education training, which must, at a
  968  minimum, address:
  969         (a) Resident confidentiality.
  970         (b) Guardianships and powers of attorney.
  971         (c) Medication administration.
  972         (d) Care and medication of residents with dementia and
  973  Alzheimer’s disease.
  974         (e) Accounting for residents’ funds.
  975         (f) Discharge rights and responsibilities.
  976         (g) Cultural sensitivity.
  977         (h) Any other topic related to residency within a long-term
  978  care facility recommended by the secretary.
  979         (3) An individual No employee, officer, or representative
  980  of the office or of the state or local councils, other than the
  981  state ombudsman, may not hold himself or herself out as a
  982  representative of the office State Long-Term Care Ombudsman
  983  Program or conduct any authorized program duty described in this
  984  part unless the individual person has received the training
  985  required by this section and has been certified by the state
  986  ombudsman as qualified to carry out ombudsman activities on
  987  behalf of the office or the state or local councils.
  988         Section 19. Subsection (4) of section 20.41, Florida
  989  Statutes, is amended to read:
  990         20.41 Department of Elderly Affairs.—There is created a
  991  Department of Elderly Affairs.
  992         (4) The department shall administer the Office of State
  993  Long-Term Care Ombudsman Council, created by s. 400.0063
  994  400.0067, and the local long-term care ombudsman councils,
  995  created by s. 400.0069 and shall, as required by s. 712 of the
  996  federal Older Americans Act of 1965, ensure that both the state
  997  office operates and local long-term care ombudsman councils
  998  operate in compliance with the Older Americans Act.
  999         Section 20. Subsections (10) through (19) of section
 1000  400.021, Florida Statutes, are amended to read:
 1001         400.021 Definitions.—When used in this part, unless the
 1002  context otherwise requires, the term:
 1003         (10) “Local ombudsman council” means a local long-term care
 1004  ombudsman council established pursuant to s. 400.0069, located
 1005  within the Older Americans Act planning and service areas.
 1006         (10)(11) “Nursing home bed” means an accommodation which is
 1007  ready for immediate occupancy, or is capable of being made ready
 1008  for occupancy within 48 hours, excluding provision of staffing;
 1009  and which conforms to minimum space requirements, including the
 1010  availability of appropriate equipment and furnishings within the
 1011  48 hours, as specified by rule of the agency, for the provision
 1012  of services specified in this part to a single resident.
 1013         (11)(12) “Nursing home facility” means any facility which
 1014  provides nursing services as defined in part I of chapter 464
 1015  and which is licensed according to this part.
 1016         (12)(13) “Nursing service” means such services or acts as
 1017  may be rendered, directly or indirectly, to and in behalf of a
 1018  person by individuals as defined in s. 464.003.
 1019         (13) “Office” has the same meaning as in s. 400.0060.
 1020         (14) “Planning and service area” means the geographic area
 1021  in which the Older Americans Act programs are administered and
 1022  services are delivered by the Department of Elderly Affairs.
 1023         (15) “Representative of the office” has the same meaning as
 1024  in s. 400.0060.
 1025         (16)(15) “Respite care” means admission to a nursing home
 1026  for the purpose of providing a short period of rest or relief or
 1027  emergency alternative care for the primary caregiver of an
 1028  individual receiving care at home who, without home-based care,
 1029  would otherwise require institutional care.
 1030         (17)(16) “Resident care plan” means a written plan
 1031  developed, maintained, and reviewed not less than quarterly by a
 1032  registered nurse, with participation from other facility staff
 1033  and the resident or his or her designee or legal representative,
 1034  which includes a comprehensive assessment of the needs of an
 1035  individual resident; the type and frequency of services required
 1036  to provide the necessary care for the resident to attain or
 1037  maintain the highest practicable physical, mental, and
 1038  psychosocial well-being; a listing of services provided within
 1039  or outside the facility to meet those needs; and an explanation
 1040  of service goals.
 1041         (18)(17) “Resident designee” means a person, other than the
 1042  owner, administrator, or employee of the facility, designated in
 1043  writing by a resident or a resident’s guardian, if the resident
 1044  is adjudicated incompetent, to be the resident’s representative
 1045  for a specific, limited purpose.
 1046         (19)(18) “State ombudsman program councilhas the same
 1047  meaning as in s. 400.0060 means the State Long-Term Care
 1048  Ombudsman Council established pursuant to s. 400.0067.
 1049         (20)(19) “Therapeutic spa services” means bathing, nail,
 1050  and hair care services and other similar services related to
 1051  personal hygiene.
 1052         Section 21. Paragraph (c) of subsection (1) and subsections
 1053  (2) and (3) of section 400.022, Florida Statutes, are amended to
 1054  read:
 1055         400.022 Residents’ rights.—
 1056         (1) All licensees of nursing home facilities shall adopt
 1057  and make public a statement of the rights and responsibilities
 1058  of the residents of such facilities and shall treat such
 1059  residents in accordance with the provisions of that statement.
 1060  The statement shall assure each resident the following:
 1061         (c) Any entity or individual that provides health, social,
 1062  legal, or other services to a resident has the right to have
 1063  reasonable access to the resident. The resident has the right to
 1064  deny or withdraw consent to access at any time by any entity or
 1065  individual. Notwithstanding the visiting policy of the facility,
 1066  the following individuals must be permitted immediate access to
 1067  the resident:
 1068         1. Any representative of the federal or state government,
 1069  including, but not limited to, representatives of the Department
 1070  of Children and Families Family Services, the Department of
 1071  Health, the Agency for Health Care Administration, the Office of
 1072  the Attorney General, and the Department of Elderly Affairs; any
 1073  law enforcement officer; any representative members of the
 1074  office state or local ombudsman council; and the resident’s
 1075  individual physician.
 1076         2. Subject to the resident’s right to deny or withdraw
 1077  consent, immediate family or other relatives of the resident.
 1078  
 1079  The facility must allow representatives of the office state
 1080  Long-Term Care ombudsman Council to examine a resident’s
 1081  clinical records with the permission of the resident or the
 1082  resident’s legal representative and consistent with state law.
 1083         (2) The licensee for each nursing home shall orally inform
 1084  the resident of the resident’s rights and provide a copy of the
 1085  statement required by subsection (1) to each resident or the
 1086  resident’s legal representative at or before the resident’s
 1087  admission to a facility. The licensee shall provide a copy of
 1088  the resident’s rights to each staff member of the facility. Each
 1089  such licensee shall prepare a written plan and provide
 1090  appropriate staff training to implement the provisions of this
 1091  section. The written statement of rights must include a
 1092  statement that a resident may file a complaint with the agency
 1093  or state local ombudsman program council. The statement must be
 1094  in boldfaced type and shall include the name, address, and
 1095  telephone number and e-mail address of the state numbers of the
 1096  local ombudsman program council and the telephone number of the
 1097  central abuse hotline where complaints may be lodged.
 1098         (3) Any violation of the resident’s rights set forth in
 1099  this section constitutes shall constitute grounds for action by
 1100  the agency under the provisions of s. 400.102, s. 400.121, or
 1101  part II of chapter 408. In order to determine whether the
 1102  licensee is adequately protecting residents’ rights, the
 1103  licensure inspection of the facility must shall include private
 1104  informal conversations with a sample of residents to discuss
 1105  residents’ experiences within the facility with respect to
 1106  rights specified in this section and general compliance with
 1107  standards, and consultation with the state ombudsman program
 1108  council in the local planning and service area of the Department
 1109  of Elderly Affairs in which the nursing home is located.
 1110         Section 22. Subsections (8), (9), and (11) through (14) of
 1111  section 400.0255, Florida Statutes, are amended to read:
 1112         400.0255 Resident transfer or discharge; requirements and
 1113  procedures; hearings.—
 1114         (8) The notice required by subsection (7) must be in
 1115  writing and must contain all information required by state and
 1116  federal law, rules, or regulations applicable to Medicaid or
 1117  Medicare cases. The agency shall develop a standard document to
 1118  be used by all facilities licensed under this part for purposes
 1119  of notifying residents of a discharge or transfer. Such document
 1120  must include a means for a resident to request the office local
 1121  long-term care ombudsman council to review the notice and
 1122  request information about or assistance with initiating a fair
 1123  hearing with the department’s Office of Appeals Hearings. In
 1124  addition to any other pertinent information included, the form
 1125  shall specify the reason allowed under federal or state law that
 1126  the resident is being discharged or transferred, with an
 1127  explanation to support this action. Further, the form must shall
 1128  state the effective date of the discharge or transfer and the
 1129  location to which the resident is being discharged or
 1130  transferred. The form must shall clearly describe the resident’s
 1131  appeal rights and the procedures for filing an appeal, including
 1132  the right to request the office local ombudsman council to
 1133  review the notice of discharge or transfer. A copy of the notice
 1134  must be placed in the resident’s clinical record, and a copy
 1135  must be transmitted to the resident’s legal guardian or
 1136  representative and to the office local ombudsman council within
 1137  5 business days after signature by the resident or resident
 1138  designee.
 1139         (9) A resident may request that the office local ombudsman
 1140  council review any notice of discharge or transfer given to the
 1141  resident. When requested by a resident to review a notice of
 1142  discharge or transfer, the office local ombudsman council shall
 1143  do so within 7 days after receipt of the request. The nursing
 1144  home administrator, or the administrator’s designee, must
 1145  forward the request for review contained in the notice to the
 1146  office local ombudsman council within 24 hours after such
 1147  request is submitted. Failure to forward the request within 24
 1148  hours after the request is submitted shall toll the running of
 1149  the 30-day advance notice period until the request has been
 1150  forwarded.
 1151         (11) Notwithstanding paragraph (10)(b), an emergency
 1152  discharge or transfer may be implemented as necessary pursuant
 1153  to state or federal law during the period of time after the
 1154  notice is given and before the time a hearing decision is
 1155  rendered. Notice of an emergency discharge or transfer to the
 1156  resident, the resident’s legal guardian or representative, and
 1157  the office local ombudsman council if requested pursuant to
 1158  subsection (9) must be by telephone or in person. This notice
 1159  shall be given before the transfer, if possible, or as soon
 1160  thereafter as practicable. A representative of the office local
 1161  ombudsman council conducting a review under this subsection
 1162  shall do so within 24 hours after receipt of the request. The
 1163  resident’s file must be documented to show who was contacted,
 1164  whether the contact was by telephone or in person, and the date
 1165  and time of the contact. If the notice is not given in writing,
 1166  written notice meeting the requirements of subsection (8) must
 1167  be given the next working day.
 1168         (12) After receipt of any notice required under this
 1169  section, the office local ombudsman council may request a
 1170  private informal conversation with a resident to whom the notice
 1171  is directed, and, if known, a family member or the resident’s
 1172  legal guardian or designee, to ensure that the facility is
 1173  proceeding with the discharge or transfer in accordance with the
 1174  requirements of this section. If requested, the office local
 1175  ombudsman council shall assist the resident with filing an
 1176  appeal of the proposed discharge or transfer.
 1177         (13) The following persons must be present at all hearings
 1178  authorized under this section:
 1179         (a) The resident, or the resident’s legal representative or
 1180  designee.
 1181         (b) The facility administrator, or the facility’s legal
 1182  representative or designee.
 1183  
 1184  A representative of the office local long-term care ombudsman
 1185  council may be present at all hearings authorized by this
 1186  section.
 1187         (14) In any hearing under this section, the following
 1188  information concerning the parties shall be confidential and
 1189  exempt from the provisions of s. 119.07(1):
 1190         (a) Names and addresses.
 1191         (b) Medical services provided.
 1192         (c) Social and economic conditions or circumstances.
 1193         (d) Evaluation of personal information.
 1194         (e) Medical data, including diagnosis and past history of
 1195  disease or disability.
 1196         (f) Any information received verifying income eligibility
 1197  and amount of medical assistance payments. Income information
 1198  received from the Social Security Administration or the Internal
 1199  Revenue Service must be safeguarded according to the
 1200  requirements of the agency that furnished the data.
 1201  
 1202  The exemption created by this subsection does not prohibit
 1203  access to such information by a representative of the office
 1204  local long-term care ombudsman council upon request, by a
 1205  reviewing court if such information is required to be part of
 1206  the record upon subsequent review, or as specified in s. 24(a),
 1207  Art. I of the State Constitution.
 1208         Section 23. Subsection (2) of section 400.1413, Florida
 1209  Statutes, is amended to read:
 1210         400.1413 Volunteers in nursing homes.—
 1211         (2) This section does not affect the activities of the
 1212  state or local long-term care ombudsman program councils
 1213  authorized under part I.
 1214         Section 24. Paragraph (d) of subsection (5) of section
 1215  400.162, Florida Statutes, is amended to read:
 1216         400.162 Property and personal affairs of residents.—
 1217         (5)
 1218         (d) If, at any time during the period for which a license
 1219  is issued, a licensee that has not purchased a surety bond or
 1220  entered into a self-insurance agreement, as provided in
 1221  paragraphs (b) and (c), is requested to provide safekeeping for
 1222  the personal funds of a resident, the licensee shall notify the
 1223  agency of the request and make application for a surety bond or
 1224  for participation in a self-insurance agreement within 7 days
 1225  after of the request, exclusive of weekends and holidays. Copies
 1226  of the application, along with written documentation of related
 1227  correspondence with an insurance agency or group, shall be
 1228  maintained by the licensee for review by the agency and the
 1229  office state Nursing Home and Long-Term Care Facility ombudsman
 1230  Council.
 1231         Section 25. Subsections (1) and (4) of section 400.19,
 1232  Florida Statutes, are amended to read:
 1233         400.19 Right of entry and inspection.—
 1234         (1) In accordance with part II of chapter 408, the agency
 1235  and any duly designated officer or employee thereof or a
 1236  representative member of the office state Long-Term Care
 1237  ombudsman Council or the local long-term care ombudsman council
 1238  shall have the right to enter upon and into the premises of any
 1239  facility licensed pursuant to this part, or any distinct nursing
 1240  home unit of a hospital licensed under chapter 395 or any
 1241  freestanding facility licensed under chapter 395 which that
 1242  provides extended care or other long-term care services, at any
 1243  reasonable time in order to determine the state of compliance
 1244  with the provisions of this part, part II of chapter 408, and
 1245  applicable rules in force pursuant thereto. The agency shall,
 1246  within 60 days after receipt of a complaint made by a resident
 1247  or resident’s representative, complete its investigation and
 1248  provide to the complainant its findings and resolution.
 1249         (4) The agency shall conduct unannounced onsite facility
 1250  reviews following written verification of licensee noncompliance
 1251  in instances in which the office a long-term care ombudsman
 1252  council, pursuant to ss. 400.0071 and 400.0075, has received a
 1253  complaint and has documented deficiencies in resident care or in
 1254  the physical plant of the facility that threaten the health,
 1255  safety, or security of residents, or when the agency documents
 1256  through inspection that conditions in a facility present a
 1257  direct or indirect threat to the health, safety, or security of
 1258  residents. However, the agency shall conduct unannounced onsite
 1259  reviews every 3 months of each facility while the facility has a
 1260  conditional license. Deficiencies related to physical plant do
 1261  not require followup reviews after the agency has determined
 1262  that correction of the deficiency has been accomplished and that
 1263  the correction is of the nature that continued compliance can be
 1264  reasonably expected.
 1265         Section 26. Subsection (1) of section 400.191, Florida
 1266  Statutes, is amended to read:
 1267         400.191 Availability, distribution, and posting of reports
 1268  and records.—
 1269         (1) The agency shall provide information to the public
 1270  about all of the licensed nursing home facilities operating in
 1271  the state. The agency shall, within 60 days after a licensure
 1272  inspection visit or within 30 days after any interim visit to a
 1273  facility, send copies of the inspection reports to the office
 1274  local long-term care ombudsman council, the agency’s local
 1275  office, and a public library or the county seat for the county
 1276  in which the facility is located. The agency may provide
 1277  electronic access to inspection reports as a substitute for
 1278  sending copies.
 1279         Section 27. Subsection (6) and paragraph (c) of subsection
 1280  (7) of section 400.23, Florida Statutes, are amended to read:
 1281         400.23 Rules; evaluation and deficiencies; licensure
 1282  status.—
 1283         (6) Before Prior to conducting a survey of the facility,
 1284  the survey team shall obtain a copy of the office’s local long
 1285  term care ombudsman council report on the facility. Problems
 1286  noted in the report shall be incorporated into and followed up
 1287  through the agency’s inspection process. This procedure does not
 1288  preclude the office local long-term care ombudsman council from
 1289  requesting the agency to conduct a followup visit to the
 1290  facility.
 1291         (7) The agency shall, at least every 15 months, evaluate
 1292  all nursing home facilities and make a determination as to the
 1293  degree of compliance by each licensee with the established rules
 1294  adopted under this part as a basis for assigning a licensure
 1295  status to that facility. The agency shall base its evaluation on
 1296  the most recent inspection report, taking into consideration
 1297  findings from other official reports, surveys, interviews,
 1298  investigations, and inspections. In addition to license
 1299  categories authorized under part II of chapter 408, the agency
 1300  shall assign a licensure status of standard or conditional to
 1301  each nursing home.
 1302         (c) In evaluating the overall quality of care and services
 1303  and determining whether the facility will receive a conditional
 1304  or standard license, the agency shall consider the needs and
 1305  limitations of residents in the facility and the results of
 1306  interviews and surveys of a representative sampling of
 1307  residents, families of residents, representatives of the office
 1308  ombudsman council members in the planning and service area in
 1309  which the facility is located, guardians of residents, and staff
 1310  of the nursing home facility.
 1311         Section 28. Paragraph (a) of subsection (3), paragraph (f)
 1312  of subsection (5), and subsection (6) of section 400.235,
 1313  Florida Statutes, are amended to read:
 1314         400.235 Nursing home quality and licensure status; Gold
 1315  Seal Program.—
 1316         (3)(a) The Gold Seal Program shall be developed and
 1317  implemented by the Governor’s Panel on Excellence in Long-Term
 1318  Care which shall operate under the authority of the Executive
 1319  Office of the Governor. The panel shall be composed of three
 1320  persons appointed by the Governor, to include a consumer
 1321  advocate for senior citizens and two persons with expertise in
 1322  the fields of quality management, service delivery excellence,
 1323  or public sector accountability; three persons appointed by the
 1324  Secretary of Elderly Affairs, to include an active member of a
 1325  nursing facility family and resident care council and a member
 1326  of the University Consortium on Aging; a representative of the
 1327  Office of State Long-Term Care Ombudsman; one person appointed
 1328  by the Florida Life Care Residents Association; one person
 1329  appointed by the State Surgeon General; two persons appointed by
 1330  the Secretary of Health Care Administration; one person
 1331  appointed by the Florida Association of Homes for the Aging; and
 1332  one person appointed by the Florida Health Care Association.
 1333  Vacancies on the panel shall be filled in the same manner as the
 1334  original appointments.
 1335         (5) Facilities must meet the following additional criteria
 1336  for recognition as a Gold Seal Program facility:
 1337         (f) Evidence an outstanding record regarding the number and
 1338  types of substantiated complaints reported to the Office of
 1339  State Long-Term Care Ombudsman Council within the 30 months
 1340  preceding application for the program.
 1341  
 1342  A facility assigned a conditional licensure status may not
 1343  qualify for consideration for the Gold Seal Program until after
 1344  it has operated for 30 months with no class I or class II
 1345  deficiencies and has completed a regularly scheduled relicensure
 1346  survey.
 1347         (6) The agency, nursing facility industry organizations,
 1348  consumers, Office of State Long-Term Care Ombudsman Council, and
 1349  members of the community may recommend to the Governor
 1350  facilities that meet the established criteria for consideration
 1351  for and award of the Gold Seal. The panel shall review nominees
 1352  and make a recommendation to the Governor for final approval and
 1353  award. The decision of the Governor is final and is not subject
 1354  to appeal.
 1355         Section 29. Present subsections (18) through (28) of
 1356  section 415.102, Florida Statutes, are redesignated as
 1357  subsections (19) through (29), respectively, and a new
 1358  subsection (18) is added to that section, to read:
 1359         415.102 Definitions of terms used in ss. 415.101-415.113.
 1360  As used in ss. 415.101-415.113, the term:
 1361         (18) “Office” has the same meaning as in s. 400.0060.
 1362         Section 30. Paragraph (a) of subsection (1) of section
 1363  415.1034, Florida Statutes, is amended to read:
 1364         415.1034 Mandatory reporting of abuse, neglect, or
 1365  exploitation of vulnerable adults; mandatory reports of death.—
 1366         (1) MANDATORY REPORTING.—
 1367         (a) Any person, including, but not limited to, any:
 1368         1. Physician, osteopathic physician, medical examiner,
 1369  chiropractic physician, nurse, paramedic, emergency medical
 1370  technician, or hospital personnel engaged in the admission,
 1371  examination, care, or treatment of vulnerable adults;
 1372         2. Health professional or mental health professional other
 1373  than one listed in subparagraph 1.;
 1374         3. Practitioner who relies solely on spiritual means for
 1375  healing;
 1376         4. Nursing home staff; assisted living facility staff;
 1377  adult day care center staff; adult family-care home staff;
 1378  social worker; or other professional adult care, residential, or
 1379  institutional staff;
 1380         5. State, county, or municipal criminal justice employee or
 1381  law enforcement officer;
 1382         6. An Employee of the Department of Business and
 1383  Professional Regulation conducting inspections of public lodging
 1384  establishments under s. 509.032;
 1385         7. Florida advocacy council member or representative of the
 1386  Office of State Long-Term Care Ombudsman council member; or
 1387         8. Bank, savings and loan, or credit union officer,
 1388  trustee, or employee,
 1389  
 1390  who knows, or has reasonable cause to suspect, that a vulnerable
 1391  adult has been or is being abused, neglected, or exploited shall
 1392  immediately report such knowledge or suspicion to the central
 1393  abuse hotline.
 1394         Section 31. Subsection (1) of section 415.104, Florida
 1395  Statutes, is amended to read:
 1396         415.104 Protective investigations of cases of abuse,
 1397  neglect, or exploitation of vulnerable adults; transmittal of
 1398  records to state attorney.—
 1399         (1) The department shall, upon receipt of a report alleging
 1400  abuse, neglect, or exploitation of a vulnerable adult, begin
 1401  within 24 hours a protective investigation of the facts alleged
 1402  therein. If a caregiver refuses to allow the department to begin
 1403  a protective investigation or interferes with the conduct of
 1404  such an investigation, the appropriate law enforcement agency
 1405  shall be contacted for assistance. If, during the course of the
 1406  investigation, the department has reason to believe that the
 1407  abuse, neglect, or exploitation is perpetrated by a second
 1408  party, the appropriate law enforcement agency and state attorney
 1409  shall be orally notified. The department and the law enforcement
 1410  agency shall cooperate to allow the criminal investigation to
 1411  proceed concurrently with, and not be hindered by, the
 1412  protective investigation. The department shall make a
 1413  preliminary written report to the law enforcement agencies
 1414  within 5 working days after the oral report. The department
 1415  shall, within 24 hours after receipt of the report, notify the
 1416  appropriate Florida local advocacy council, or the office long
 1417  term care ombudsman council, when appropriate, that an alleged
 1418  abuse, neglect, or exploitation perpetrated by a second party
 1419  has occurred. Notice to the Florida local advocacy council or
 1420  the office long-term care ombudsman council may be accomplished
 1421  orally or in writing and shall include the name and location of
 1422  the vulnerable adult alleged to have been abused, neglected, or
 1423  exploited and the nature of the report.
 1424         Section 32. Subsection (8) of section 415.1055, Florida
 1425  Statutes, is amended to read:
 1426         415.1055 Notification to administrative entities.—
 1427         (8) At the conclusion of a protective investigation at a
 1428  facility, the department shall notify either the Florida local
 1429  advocacy council or the office long-term care ombudsman council
 1430  of the results of the investigation. This notification must be
 1431  in writing.
 1432         Section 33. Subsection (2) of section 415.106, Florida
 1433  Statutes, is amended to read:
 1434         415.106 Cooperation by the department and criminal justice
 1435  and other agencies.—
 1436         (2) To ensure coordination, communication, and cooperation
 1437  with the investigation of abuse, neglect, or exploitation of
 1438  vulnerable adults, the department shall develop and maintain
 1439  interprogram agreements or operational procedures among
 1440  appropriate departmental programs and the Office of State Long
 1441  Term Care Ombudsman Council, the Florida Statewide Advocacy
 1442  Council, and other agencies that provide services to vulnerable
 1443  adults. These agreements or procedures must cover such subjects
 1444  as the appropriate roles and responsibilities of the department
 1445  in identifying and responding to reports of abuse, neglect, or
 1446  exploitation of vulnerable adults; the provision of services;
 1447  and related coordinated activities.
 1448         Section 34. Paragraph (g) of subsection (3) of section
 1449  415.107, Florida Statutes, is amended to read:
 1450         415.107 Confidentiality of reports and records.—
 1451         (3) Access to all records, excluding the name of the
 1452  reporter which shall be released only as provided in subsection
 1453  (6), shall be granted only to the following persons, officials,
 1454  and agencies:
 1455         (g) Any appropriate official of the Florida advocacy
 1456  council or the office long-term care ombudsman council
 1457  investigating a report of known or suspected abuse, neglect, or
 1458  exploitation of a vulnerable adult.
 1459         Section 35. Present subsections (16) through (26) of
 1460  section 429.02, Florida Statutes, are redesignated as
 1461  subsections (17) through (27), respectively, present subsections
 1462  (11) and (20) are amended, and a new subsection (16) is added to
 1463  that section, to read:
 1464         429.02 Definitions.—When used in this part, the term:
 1465         (11) “Extended congregate care” means acts beyond those
 1466  authorized in subsection (17) (16) that may be performed
 1467  pursuant to part I of chapter 464 by persons licensed thereunder
 1468  while carrying out their professional duties, and other
 1469  supportive services which may be specified by rule. The purpose
 1470  of such services is to enable residents to age in place in a
 1471  residential environment despite mental or physical limitations
 1472  that might otherwise disqualify them from residency in a
 1473  facility licensed under this part.
 1474         (16) “Office” has the same meaning as in s. 400.0060.
 1475         (21)(20) “Resident’s representative or designee” means a
 1476  person other than the owner, or an agent or employee of the
 1477  facility, designated in writing by the resident, if legally
 1478  competent, to receive notice of changes in the contract executed
 1479  pursuant to s. 429.24; to receive notice of and to participate
 1480  in meetings between the resident and the facility owner,
 1481  administrator, or staff concerning the rights of the resident;
 1482  to assist the resident in contacting the office ombudsman
 1483  council if the resident has a complaint against the facility; or
 1484  to bring legal action on behalf of the resident pursuant to s.
 1485  429.29.
 1486         Section 36. Paragraph (b) of subsection (3) of section
 1487  429.07, Florida Statutes, is amended to read:
 1488         429.07 License required; fee.—
 1489         (3) In addition to the requirements of s. 408.806, each
 1490  license granted by the agency must state the type of care for
 1491  which the license is granted. Licenses shall be issued for one
 1492  or more of the following categories of care: standard, extended
 1493  congregate care, limited nursing services, or limited mental
 1494  health.
 1495         (b) An extended congregate care license shall be issued to
 1496  facilities providing, directly or through contract, services
 1497  beyond those authorized in paragraph (a), including services
 1498  performed by persons licensed under part I of chapter 464 and
 1499  supportive services, as defined by rule, to persons who would
 1500  otherwise be disqualified from continued residence in a facility
 1501  licensed under this part.
 1502         1. In order for extended congregate care services to be
 1503  provided, the agency must first determine that all requirements
 1504  established in law and rule are met and must specifically
 1505  designate, on the facility’s license, that such services may be
 1506  provided and whether the designation applies to all or part of
 1507  the facility. Such designation may be made at the time of
 1508  initial licensure or relicensure, or upon request in writing by
 1509  a licensee under this part and part II of chapter 408. The
 1510  notification of approval or the denial of the request shall be
 1511  made in accordance with part II of chapter 408. Existing
 1512  facilities qualifying to provide extended congregate care
 1513  services must have maintained a standard license and may not
 1514  have been subject to administrative sanctions during the
 1515  previous 2 years, or since initial licensure if the facility has
 1516  been licensed for less than 2 years, for any of the following
 1517  reasons:
 1518         a. A class I or class II violation;
 1519         b. Three or more repeat or recurring class III violations
 1520  of identical or similar resident care standards from which a
 1521  pattern of noncompliance is found by the agency;
 1522         c. Three or more class III violations that were not
 1523  corrected in accordance with the corrective action plan approved
 1524  by the agency;
 1525         d. Violation of resident care standards which results in
 1526  requiring the facility to employ the services of a consultant
 1527  pharmacist or consultant dietitian;
 1528         e. Denial, suspension, or revocation of a license for
 1529  another facility licensed under this part in which the applicant
 1530  for an extended congregate care license has at least 25 percent
 1531  ownership interest; or
 1532         f. Imposition of a moratorium pursuant to this part or part
 1533  II of chapter 408 or initiation of injunctive proceedings.
 1534         2. A facility that is licensed to provide extended
 1535  congregate care services shall maintain a written progress
 1536  report on each person who receives services which describes the
 1537  type, amount, duration, scope, and outcome of services that are
 1538  rendered and the general status of the resident’s health. A
 1539  registered nurse, or appropriate designee, representing the
 1540  agency shall visit the facility at least quarterly to monitor
 1541  residents who are receiving extended congregate care services
 1542  and to determine whether if the facility is in compliance with
 1543  this part, part II of chapter 408, and relevant rules. One of
 1544  the visits may be in conjunction with the regular survey. The
 1545  monitoring visits may be provided through contractual
 1546  arrangements with appropriate community agencies. A registered
 1547  nurse shall serve as part of the team that inspects the
 1548  facility. The agency may waive one of the required yearly
 1549  monitoring visits for a facility that has been licensed for at
 1550  least 24 months to provide extended congregate care services,
 1551  if, during the inspection, the registered nurse determines that
 1552  extended congregate care services are being provided
 1553  appropriately, and if the facility has no class I or class II
 1554  violations and no uncorrected class III violations. The agency
 1555  must first consult with the office long-term care ombudsman
 1556  council for the area in which the facility is located to
 1557  determine whether if any complaints have been made and
 1558  substantiated about the quality of services or care. The agency
 1559  may not waive one of the required yearly monitoring visits if
 1560  complaints have been made and substantiated.
 1561         3. A facility that is licensed to provide extended
 1562  congregate care services must:
 1563         a. Demonstrate the capability to meet unanticipated
 1564  resident service needs.
 1565         b. Offer a physical environment that promotes a homelike
 1566  setting, provides for resident privacy, promotes resident
 1567  independence, and allows sufficient congregate space as defined
 1568  by rule.
 1569         c. Have sufficient staff available, taking into account the
 1570  physical plant and firesafety features of the building, to
 1571  assist with the evacuation of residents in an emergency.
 1572         d. Adopt and follow policies and procedures that maximize
 1573  resident independence, dignity, choice, and decisionmaking to
 1574  permit residents to age in place, so that moves due to changes
 1575  in functional status are minimized or avoided.
 1576         e. Allow residents or, if applicable, a resident’s
 1577  representative, designee, surrogate, guardian, or attorney in
 1578  fact to make a variety of personal choices, participate in
 1579  developing service plans, and share responsibility in
 1580  decisionmaking.
 1581         f. Implement the concept of managed risk.
 1582         g. Provide, directly or through contract, the services of a
 1583  person licensed under part I of chapter 464.
 1584         h. In addition to the training mandated in s. 429.52,
 1585  provide specialized training as defined by rule for facility
 1586  staff.
 1587         4. A facility that is licensed to provide extended
 1588  congregate care services is exempt from the criteria for
 1589  continued residency set forth in rules adopted under s. 429.41.
 1590  A licensed facility must adopt its own requirements within
 1591  guidelines for continued residency set forth by rule. However,
 1592  the facility may not serve residents who require 24-hour nursing
 1593  supervision. A licensed facility that provides extended
 1594  congregate care services must also provide each resident with a
 1595  written copy of facility policies governing admission and
 1596  retention.
 1597         5. The primary purpose of extended congregate care services
 1598  is to allow residents, as they become more impaired, the option
 1599  of remaining in a familiar setting from which they would
 1600  otherwise be disqualified for continued residency. A facility
 1601  licensed to provide extended congregate care services may also
 1602  admit an individual who exceeds the admission criteria for a
 1603  facility with a standard license, if the individual is
 1604  determined appropriate for admission to the extended congregate
 1605  care facility.
 1606         6. Before the admission of an individual to a facility
 1607  licensed to provide extended congregate care services, the
 1608  individual must undergo a medical examination as provided in s.
 1609  429.26(4) and the facility must develop a preliminary service
 1610  plan for the individual.
 1611         7. When a facility can no longer provide or arrange for
 1612  services in accordance with the resident’s service plan and
 1613  needs and the facility’s policy, the facility shall make
 1614  arrangements for relocating the person in accordance with s.
 1615  429.28(1)(k).
 1616         8. Failure to provide extended congregate care services may
 1617  result in denial of extended congregate care license renewal.
 1618         Section 37. Subsection (9) of section 429.19, Florida
 1619  Statutes, is amended to read:
 1620         429.19 Violations; imposition of administrative fines;
 1621  grounds.—
 1622         (9) The agency shall develop and disseminate an annual list
 1623  of all facilities sanctioned or fined for violations of state
 1624  standards, the number and class of violations involved, the
 1625  penalties imposed, and the current status of cases. The list
 1626  shall be disseminated, at no charge, to the Department of
 1627  Elderly Affairs, the Department of Health, the Department of
 1628  Children and Families Family Services, the Agency for Persons
 1629  with Disabilities, the area agencies on aging, the Florida
 1630  Statewide Advocacy Council, and the office state and local
 1631  ombudsman councils. The Department of Children and Families
 1632  Family Services shall disseminate the list to service providers
 1633  under contract to the department who are responsible for
 1634  referring persons to a facility for residency. The agency may
 1635  charge a fee commensurate with the cost of printing and postage
 1636  to other interested parties requesting a copy of this list. This
 1637  information may be provided electronically or through the
 1638  agency’s Internet site.
 1639         Section 38. Subsection (8) of section 429.26, Florida
 1640  Statutes, is amended to read:
 1641         429.26 Appropriateness of placements; examinations of
 1642  residents.—
 1643         (8) The Department of Children and Families Family Services
 1644  may require an examination for supplemental security income and
 1645  optional state supplementation recipients residing in facilities
 1646  at any time and shall provide the examination whenever a
 1647  resident’s condition requires it. Any facility administrator;
 1648  personnel of the agency, the department, or the Department of
 1649  Children and Families Family Services; or representative of the
 1650  Office of the State Long-Term Care Ombudsman long-term care
 1651  ombudsman council member who believes a resident needs to be
 1652  evaluated shall notify the resident’s case manager, who shall
 1653  take appropriate action. A report of the examination findings
 1654  shall be provided to the resident’s case manager and the
 1655  facility administrator to help the administrator meet his or her
 1656  responsibilities under subsection (1).
 1657         Section 39. Subsection (2) and paragraph (b) of subsection
 1658  (3) of section 429.28, Florida Statutes, are amended to read:
 1659         429.28 Resident bill of rights.—
 1660         (2) The administrator of a facility shall ensure that a
 1661  written notice of the rights, obligations, and prohibitions set
 1662  forth in this part is posted in a prominent place in each
 1663  facility and read or explained to residents who cannot read.
 1664  This notice must shall include the statewide toll-free telephone
 1665  number and e-mail address of the state ombudsman program and the
 1666  telephone number of the name, address, and telephone numbers of
 1667  the local ombudsman council and central abuse hotline and, when
 1668  applicable, the Advocacy Center for Persons with Disabilities,
 1669  Inc., and the Florida local advocacy council, where complaints
 1670  may be lodged. The facility must ensure a resident’s access to a
 1671  telephone to call the state local ombudsman program council, the
 1672  central abuse hotline, the Advocacy Center for Persons with
 1673  Disabilities, Inc., and the Florida local advocacy council.
 1674         (3)
 1675         (b) In order to determine whether the facility is
 1676  adequately protecting residents’ rights, the biennial survey
 1677  shall include private informal conversations with a sample of
 1678  residents and consultation with the state ombudsman program
 1679  council in the planning and service area in which the facility
 1680  is located to discuss residents’ experiences within the
 1681  facility.
 1682         Section 40. Section 429.34, Florida Statutes, is amended to
 1683  read:
 1684         429.34 Right of entry and inspection.—In addition to the
 1685  requirements of s. 408.811, a any duly designated officer or
 1686  employee of the department, the Department of Children and
 1687  Families Family Services, the Medicaid Fraud Control Unit of the
 1688  Office of the Attorney General, the state or local fire marshal,
 1689  or a representative member of the Office of the State Long-Term
 1690  Care Ombudsman may state or local long-term care ombudsman
 1691  council shall have the right to enter unannounced upon and into
 1692  the premises of any facility licensed under pursuant to this
 1693  part in order to determine the state of compliance with the
 1694  provisions of this part, part II of chapter 408, and applicable
 1695  rules. Data collected by the office state or local long-term
 1696  care ombudsman councils or the state or local advocacy councils
 1697  may be used by the agency in investigations involving violations
 1698  of regulatory standards.
 1699         Section 41. Subsection (2) of section 429.35, Florida
 1700  Statutes, is amended to read:
 1701         429.35 Maintenance of records; reports.—
 1702         (2) Within 60 days after the date of the biennial
 1703  inspection visit required under s. 408.811 or within 30 days
 1704  after the date of any interim visit, the agency shall forward
 1705  the results of the inspection to the office local ombudsman
 1706  council in whose planning and service area, as defined in part
 1707  II of chapter 400, the facility is located; to at least one
 1708  public library or, in the absence of a public library, the
 1709  county seat in the county in which the inspected assisted living
 1710  facility is located; and, when appropriate, to the district
 1711  Adult Services and Mental Health Program Offices.
 1712         Section 42. Subsection (6) of section 429.67, Florida
 1713  Statutes, is amended to read:
 1714         429.67 Licensure.—
 1715         (6) In addition to the requirements of s. 408.811, access
 1716  to a licensed adult family-care home must be provided at
 1717  reasonable times for the appropriate officials of the
 1718  department, the Department of Health, the Department of Children
 1719  and Families Family Services, the agency, and the State Fire
 1720  Marshal, who are responsible for the development and maintenance
 1721  of fire, health, sanitary, and safety standards, to inspect the
 1722  facility to assure compliance with these standards. In addition,
 1723  access to a licensed adult family-care home must be provided at
 1724  reasonable times to representatives of the Office of State for
 1725  the local Long-Term Care Ombudsman council.
 1726         Section 43. Subsection (2) of section 429.85, Florida
 1727  Statutes, is amended to read:
 1728         429.85 Residents’ bill of rights.—
 1729         (2) The provider shall ensure that residents and their
 1730  legal representatives are made aware of the rights, obligations,
 1731  and prohibitions set forth in this part. Residents must also be
 1732  given the statewide toll-free telephone number and e-mail
 1733  address of the state ombudsman program and the telephone number
 1734  of names, addresses, and telephone numbers of the local
 1735  ombudsman council and the central abuse hotline where they may
 1736  lodge complaints.
 1737         Section 44. Subsection (17) of section 744.444, Florida
 1738  Statutes, is amended to read:
 1739         744.444 Power of guardian without court approval.—Without
 1740  obtaining court approval, a plenary guardian of the property, or
 1741  a limited guardian of the property within the powers granted by
 1742  the order appointing the guardian or an approved annual or
 1743  amended guardianship report, may:
 1744         (17) Provide confidential information about a ward which
 1745  that is related to an investigation arising under part I of
 1746  chapter 400 to a representative of the Office of the State Long
 1747  Term Care Ombudsman local or state ombudsman council member
 1748  conducting such an investigation. Any such ombudsman shall have
 1749  a duty to maintain the confidentiality of such information.
 1750         Section 45. This act shall take effect July 1, 2014.