Florida Senate - 2014                              CS for SB 508
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Detert
       
       
       
       
       586-03533-14                                           2014508c1
    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; requiring each district to conduct public
   20         meetings; providing duties of representatives of the
   21         office in the districts; revising the appointments of
   22         and qualifications for district ombudsmen; prohibiting
   23         certain individuals from serving as ombudsmen;
   24         deleting provisions that provide for an election of a
   25         chair of a local council and the meeting times for the
   26         local council; amending s. 400.0070, F.S.; providing
   27         conditions under which a representative of the office
   28         could be found to have a conflict of interest;
   29         requiring the Department of Elderly Affairs, in
   30         consultation with the state ombudsman, to define by
   31         rule what constitutes a conflict of interest; amending
   32         s. 400.0071, F.S.; requiring the Department of Elderly
   33         Affairs to consult with the state ombudsman to adopt
   34         rules pertaining to complaint procedures; amending s.
   35         400.0073, F.S.; providing procedures for investigation
   36         of complaints; amending s. 400.0074, F.S.; revising
   37         procedures for conducting onsite administrative
   38         assessments; authorizing the department to adopt
   39         rules; amending s. 400.0075, F.S.; revising complaint
   40         notification and resolution procedures; amending s.
   41         400.0078, F.S.; providing for a resident or
   42         representative of a resident to receive additional
   43         information regarding resident rights; amending s.
   44         400.0079, F.S.; providing immunity from liability for
   45         a representative of the office under certain
   46         circumstances; amending s. 400.0081, F.S.; requiring
   47         long-term care facilities to provide representatives
   48         of the office with access to facilities, residents,
   49         and records for certain purposes; amending s.
   50         400.0083, F.S.; conforming provisions to changes made
   51         by the act; amending s. 400.0087, F.S.; providing for
   52         the office to coordinate ombudsman services with
   53         Disability Rights Florida; amending s. 400.0089, F.S.;
   54         conforming provisions to changes made by the act;
   55         amending s. 400.0091, F.S.; revising training
   56         requirements for representatives of the office and
   57         ombudsmen; amending ss. 20.41, 400.021, 400.022,
   58         400.0255, 400.1413, 400.162, 400.19, 400.191, and
   59         400.23, F.S.; conforming provisions to changes made by
   60         the act; amending s. 400.235, F.S.; conforming
   61         provisions to changes made by the act; revising the
   62         additional criteria for recognition as a Gold Seal
   63         Program facility; amending ss. 415.102, 415.1034,
   64         415.104, 415.1055, 415.106, 415.107, 429.02, 429.07,
   65         429.19, 429.26, 429.28, 429.34, 429.35, 429.67,
   66         429.85, and 744.444, F.S.; conforming provisions to
   67         changes made by the act; providing an effective date.
   68          
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Section 400.0060, Florida Statutes, is amended
   72  to read:
   73         400.0060 Definitions.—When used in this part, unless the
   74  context clearly dictates otherwise, the term:
   75         (1) “Administrative assessment” means a review of
   76  conditions in a long-term care facility which impact the rights,
   77  health, safety, and welfare of residents with the purpose of
   78  noting needed improvement and making recommendations to enhance
   79  the quality of life for residents.
   80         (2) “Agency” means the Agency for Health Care
   81  Administration.
   82         (3) “Department” means the Department of Elderly Affairs.
   83         (4) “District” means a geographical area designated by the
   84  state ombudsman in which individuals certified as ombudsmen
   85  carry out the duties of the state ombudsman program. A district
   86  may have more than one local unit of ombudsmen “Local council”
   87  means a local long-term care ombudsman council designated by the
   88  ombudsman pursuant to s. 400.0069. Local councils are also known
   89  as district long-term care ombudsman councils or district
   90  councils.
   91         (5) “Long-term care facility” means a nursing home
   92  facility, assisted living facility, adult family-care home,
   93  board and care facility, facility in which continuing long-term
   94  care is provided, or any other similar residential adult care
   95  facility.
   96         (6) “Office” means the Office of State Long-Term Care
   97  Ombudsman created by s. 400.0063.
   98         (7) “Ombudsman” means an individual who has been certified
   99  by the state ombudsman as meeting the requirements of ss.
  100  400.0069, 400.0070, and 400.0091 the individual appointed by the
  101  Secretary of Elderly Affairs to head the Office of State Long
  102  Term Care Ombudsman.
  103         (8) “Representative of the office” means the state
  104  ombudsman, an employee of the office, or an individual certified
  105  as an ombudsman.
  106         (9)(8) “Resident” means an individual 18 60 years of age or
  107  older who resides in a long-term care facility.
  108         (10)(9) “Secretary” means the Secretary of Elderly Affairs.
  109         (11)(10) “State council” means the State Long-Term Care
  110  Ombudsman Council created by s. 400.0067.
  111         (12) “State ombudsman” means the individual appointed by
  112  the Secretary of Elderly Affairs to head the Office of State
  113  Long-Term Care Ombudsman.
  114         (13) “State ombudsman program” means the program operating
  115  under the direction of the office.
  116         Section 2. Section 400.0061, Florida Statutes, is amended
  117  to read:
  118         400.0061 Legislative findings and intent; long-term care
  119  facilities.—
  120         (1) The Legislature finds that conditions in long-term care
  121  facilities in this state are such that the rights, health,
  122  safety, and welfare of residents are not fully ensured by rules
  123  of the Department of Elderly Affairs or the Agency for Health
  124  Care Administration or by the good faith of owners or operators
  125  of long-term care facilities. Furthermore, there is a need for a
  126  formal mechanism whereby a long-term care facility resident, a
  127  representative of a long-term care facility resident, or any
  128  other concerned citizen may make a complaint against the
  129  facility or its employees, or against other persons who are in a
  130  position to restrict, interfere with, or threaten the rights,
  131  health, safety, or welfare of a long-term care facility
  132  resident. The Legislature finds that concerned citizens are
  133  often more effective advocates for the rights of others than
  134  governmental agencies. The Legislature further finds that in
  135  order to be eligible to receive an allotment of funds authorized
  136  and appropriated under the federal Older Americans Act, the
  137  state must establish and operate an Office of State Long-Term
  138  Care Ombudsman, to be headed by the state Long-Term Care
  139  ombudsman, and carry out a state long-term care ombudsman
  140  program.
  141         (2) It is the intent of the Legislature, therefore, to use
  142  utilize voluntary citizen ombudsmen ombudsman councils under the
  143  leadership of the state ombudsman, and, through them, to operate
  144  a state an ombudsman program, which shall, without interference
  145  by any executive agency, undertake to discover, investigate, and
  146  determine the presence of conditions or individuals who which
  147  constitute a threat to the rights, health, safety, or welfare of
  148  the residents of long-term care facilities. To ensure that the
  149  effectiveness and efficiency of such investigations are not
  150  impeded by advance notice or delay, the Legislature intends that
  151  representatives of the office ombudsman and ombudsman councils
  152  and their designated representatives not be required to obtain
  153  warrants in order to enter into or conduct investigations or
  154  onsite administrative assessments of long-term care facilities.
  155  It is the further intent of the Legislature that the environment
  156  in long-term care facilities be conducive to the dignity and
  157  independence of residents and that investigations by
  158  representatives of the office ombudsman councils shall further
  159  the enforcement of laws, rules, and regulations that safeguard
  160  the health, safety, and welfare of residents.
  161         Section 3. Section 400.0063, Florida Statutes, is amended
  162  to read:
  163         400.0063 Establishment of Office of State Long-Term Care
  164  Ombudsman; designation of ombudsman and legal advocate.—
  165         (1) There is created an Office of State Long-Term Care
  166  Ombudsman in the Department of Elderly Affairs.
  167         (2)(a) The Office of State Long-Term Care Ombudsman shall
  168  be headed by the state Long-Term Care ombudsman, who shall serve
  169  on a full-time basis and shall personally, or through
  170  representatives of the office, carry out the purposes and
  171  functions of the state ombudsman program office in accordance
  172  with state and federal law.
  173         (b) The state ombudsman shall be appointed by and shall
  174  serve at the pleasure of the Secretary of Elderly Affairs. The
  175  secretary shall appoint a person who has expertise and
  176  experience in the fields of long-term care and advocacy to serve
  177  as state ombudsman.
  178         (3)(a) There is created in the office the position of legal
  179  advocate, who shall be selected by and serve at the pleasure of
  180  the state ombudsman and shall be a member in good standing of
  181  The Florida Bar.
  182         (b) The duties of the legal advocate shall include, but not
  183  be limited to:
  184         1. Assisting the state ombudsman in carrying out the duties
  185  of the office with respect to the abuse, neglect, exploitation,
  186  or violation of rights of residents of long-term care
  187  facilities.
  188         2. Assisting the state council and representatives of the
  189  office local councils in carrying out their responsibilities
  190  under this part.
  191         3. Pursuing administrative, legal, and other appropriate
  192  remedies on behalf of residents.
  193         4. Serving as legal counsel to the state council and
  194  representatives of the office local councils, or individual
  195  members thereof, against whom any suit or other legal action
  196  that is initiated in connection with the performance of the
  197  official duties of the state ombudsman program councils or an
  198  individual member.
  199         Section 4. Section 400.0065, Florida Statutes, is amended
  200  to read:
  201         400.0065 Office of State Long-Term Care Ombudsman; duties
  202  and responsibilities.—
  203         (1) The purpose of the Office of State Long-Term Care
  204  Ombudsman is shall be to:
  205         (a) Identify, investigate, and resolve complaints made by
  206  or on behalf of residents of long-term care facilities relating
  207  to actions or omissions by providers or representatives of
  208  providers of long-term care services, other public or private
  209  agencies, guardians, or representative payees that may adversely
  210  affect the health, safety, welfare, or rights of the residents.
  211         (b) Provide services that assist in protecting the health,
  212  safety, welfare, and rights of residents.
  213         (c) Inform residents, their representatives, and other
  214  citizens about obtaining the services of the state Long-Term
  215  Care ombudsman program and its representatives.
  216         (d) Ensure that residents have regular and timely access to
  217  the services provided through the office and that residents and
  218  complainants receive timely responses from representatives of
  219  the office to their complaints.
  220         (e) Represent the interests of residents before
  221  governmental agencies and seek administrative, legal, and other
  222  remedies to protect the health, safety, welfare, and rights of
  223  the residents.
  224         (f) Administer the state council and local councils.
  225         (g) Analyze, comment on, and monitor the development and
  226  implementation of federal, state, and local laws, rules, and
  227  regulations, and other governmental policies and actions, that
  228  pertain to the health, safety, welfare, and rights of the
  229  residents, with respect to the adequacy of long-term care
  230  facilities and services in the state, and recommend any changes
  231  in such laws, rules, regulations, policies, and actions as the
  232  office determines to be appropriate and necessary.
  233         (h) Provide technical support for the development of
  234  resident and family councils to protect the well-being and
  235  rights of residents.
  236         (2) The state Long-Term Care ombudsman has shall have the
  237  duty and authority to:
  238         (a) Establish and coordinate districts local councils
  239  throughout the state.
  240         (b) Perform the duties specified in state and federal law,
  241  rules, and regulations.
  242         (c) Within the limits of appropriated federal and state
  243  funding, employ such personnel as are necessary to perform
  244  adequately the functions of the office and provide or contract
  245  for legal services to assist the state council and
  246  representatives of the office local councils in the performance
  247  of their duties. Staff positions established for the purpose of
  248  coordinating the activities of each local council and assisting
  249  its members may be filled by the ombudsman after approval by the
  250  secretary. Notwithstanding any other provision of this part,
  251  upon certification by the ombudsman that the staff member hired
  252  to fill any such position has completed the initial training
  253  required under s. 400.0091, such person shall be considered a
  254  representative of the State Long-Term Care Ombudsman Program for
  255  purposes of this part.
  256         (d) Contract for services necessary to carry out the
  257  activities of the office.
  258         (e) Apply for, receive, and accept grants, gifts, or other
  259  payments, including, but not limited to, real property, personal
  260  property, and services from a governmental entity or other
  261  public or private entity or person, and make arrangements for
  262  the use of such grants, gifts, or payments.
  263         (f) Coordinate, to the greatest extent possible, state and
  264  local ombudsman services with the protection and advocacy
  265  systems for individuals with developmental disabilities and
  266  mental illnesses and with legal assistance programs for the poor
  267  through adoption of memoranda of understanding and other means.
  268         (g) Enter into a cooperative agreement with the Statewide
  269  Advocacy Council for the purpose of coordinating and avoiding
  270  duplication of advocacy services provided to residents.
  271         (g)(h) Enter into a cooperative agreement with the Medicaid
  272  Fraud Division as prescribed under s. 731(e)(2)(B) of the Older
  273  Americans Act.
  274         (h)(i) Prepare an annual report describing the activities
  275  carried out by the office, the state council, and the districts
  276  local councils in the year for which the report is prepared. The
  277  state ombudsman shall submit the report to the secretary, the
  278  United States Assistant Secretary for Aging, the Governor, the
  279  President of the Senate, the Speaker of the House of
  280  Representatives, the Secretary of Children and Families, and the
  281  Secretary of Health Care Administration at least 30 days before
  282  the convening of the regular session of the Legislature. The
  283  secretary shall in turn submit the report to the United States
  284  Assistant Secretary for Aging, the Governor, the President of
  285  the Senate, the Speaker of the House of Representatives, the
  286  Secretary of Children and Family Services, and the Secretary of
  287  Health Care Administration. The report must shall, at a minimum:
  288         1. Contain and analyze data collected concerning complaints
  289  about and conditions in long-term care facilities and the
  290  disposition of such complaints.
  291         2. Evaluate the problems experienced by residents.
  292         3. Analyze the successes of the state ombudsman program
  293  during the preceding year, including an assessment of how
  294  successfully the office program has carried out its
  295  responsibilities under the Older Americans Act.
  296         4. Provide recommendations for policy, regulatory, and
  297  statutory changes designed to solve identified problems; resolve
  298  residents’ complaints; improve residents’ lives and quality of
  299  care; protect residents’ rights, health, safety, and welfare;
  300  and remove any barriers to the optimal operation of the state
  301  Long-Term Care ombudsman program.
  302         5. Contain recommendations from the state Long-Term Care
  303  Ombudsman council regarding program functions and activities and
  304  recommendations for policy, regulatory, and statutory changes
  305  designed to protect residents’ rights, health, safety, and
  306  welfare.
  307         6. Contain any relevant recommendations from
  308  representatives of the office local councils regarding program
  309  functions and activities.
  310         Section 5. Section 400.0067, Florida Statutes, is amended
  311  to read:
  312         400.0067 State Long-Term Care Ombudsman Council; duties;
  313  membership.—
  314         (1) There is created, within the Office of State Long-Term
  315  Care Ombudsman, the State Long-Term Care Ombudsman Council.
  316         (2) The state Long-Term Care Ombudsman council shall:
  317         (a) Serve as an advisory body to assist the state ombudsman
  318  in reaching a consensus among districts local councils on issues
  319  affecting residents and impacting the optimal operation of the
  320  program.
  321         (b) Serve as an appellate body in receiving from the
  322  districts local councils complaints not resolved at the district
  323  local level. Any individual member or members of the state
  324  council may enter any long-term care facility involved in an
  325  appeal, pursuant to the conditions specified in s. 400.0074(2).
  326         (c) Assist the state ombudsman to discover, investigate,
  327  and determine the existence of abuse or neglect in any long-term
  328  care facility, and work with the adult protective services
  329  program as required in ss. 415.101-415.113.
  330         (d) Assist the state ombudsman in eliciting, receiving,
  331  responding to, and resolving complaints made by or on behalf of
  332  residents.
  333         (e) Elicit and coordinate state, district local, and
  334  voluntary organizational assistance for the purpose of improving
  335  the care received by residents.
  336         (f) Assist the state ombudsman in preparing the annual
  337  report described in s. 400.0065.
  338         (3) The state Long-Term Care Ombudsman council consists
  339  shall be composed of one active certified ombudsman from each
  340  local unit within a district council member elected by each
  341  local council plus three at-large members appointed by the
  342  secretary Governor.
  343         (a) Each local unit in a district must select council shall
  344  elect by majority vote a representative of its choice to serve
  345  from among the council members to represent the interests of the
  346  local council on the state council. A local council chair may
  347  not serve as the representative of the local council on the
  348  state council.
  349         (b)1. The state ombudsman secretary, after consulting with
  350  the ombudsman, shall submit to the secretary Governor a list of
  351  individuals persons recommended for appointment to the at-large
  352  positions on the state council. The list may shall not include
  353  the name of any individual person who is currently serving in a
  354  district on a local council.
  355         2. The secretary Governor shall appoint three at-large
  356  members chosen from the list.
  357         3. If the secretary Governor does not appoint an at-large
  358  member to fill a vacant position within 60 days after the list
  359  is submitted, the state secretary, after consulting with the
  360  ombudsman, shall appoint an at-large member to fill that vacant
  361  position.
  362         (4)(a)(c)1.All State council members shall serve 3-year
  363  terms.
  364         2. A member of the state council may not serve more than
  365  two consecutive terms.
  366         (b)3. A district manager, in consultation with the district
  367  ombudsmen, local council may recommend replacement removal of
  368  its selected ombudsman elected representative from the state
  369  council by a majority vote. If the district manager, in
  370  consultation with the district ombudsmen, selects a replacement
  371  ombudsman, the district manager council votes to remove its
  372  representative, the local council chair shall immediately notify
  373  the state ombudsman. The secretary shall advise the Governor of
  374  the local council’s vote upon receiving notice from the
  375  ombudsman.
  376         (c)4. The position of any member missing three state
  377  council meetings within a 1-year period without cause may be
  378  declared vacant by the state ombudsman. The findings of the
  379  state ombudsman regarding cause shall be final and binding.
  380         (d)5. Any vacancy on the state council shall be filled in
  381  the same manner as the original appointment.
  382         (e)(d)1. The state council shall elect a chair to serve for
  383  a term of 1 year. A chair may not serve more than two
  384  consecutive terms.
  385         2. The chair shall select a vice chair from among the
  386  members. The vice chair shall preside over the state council in
  387  the absence of the chair.
  388         3. The chair may create additional executive positions as
  389  necessary to carry out the duties of the state council. Any
  390  person appointed to an executive position shall serve at the
  391  pleasure of the chair, and his or her term shall expire on the
  392  same day as the term of the chair.
  393         4. A chair may be immediately removed from office before
  394  prior to the expiration of his or her term by a vote of two
  395  thirds of all state council members present at any meeting at
  396  which a quorum is present. If a chair is removed from office
  397  before prior to the expiration of his or her term, a replacement
  398  chair shall be chosen during the same meeting in the same manner
  399  as described in this paragraph, and the term of the replacement
  400  chair shall begin immediately. The replacement chair shall serve
  401  for the remainder of the term and is eligible to serve two
  402  subsequent consecutive terms.
  403         (f)(e)1. The state council shall meet upon the call of the
  404  chair or upon the call of the state ombudsman. The state council
  405  shall meet at least quarterly but may meet more frequently as
  406  needed.
  407         2. A quorum shall be considered present if more than 50
  408  percent of all active state council members are in attendance at
  409  the same meeting.
  410         3. The state council may not vote on or otherwise make any
  411  decisions resulting in a recommendation that will directly
  412  impact the state council or any district local council, outside
  413  of a publicly noticed meeting at which a quorum is present.
  414         (g)(f) Members may not shall receive no compensation but
  415  shall, with approval from the state ombudsman, be reimbursed for
  416  per diem and travel expenses as provided in s. 112.061.
  417         Section 6. Section 400.0069, Florida Statutes, is amended
  418  to read:
  419         400.0069 Local Long-term care ombudsman districts councils;
  420  duties; appointment membership.—
  421         (1)(a) The state ombudsman shall designate districts local
  422  long-term care ombudsman councils to carry out the duties of the
  423  state Long-Term Care ombudsman program within local communities.
  424  Each district local council shall function under the direction
  425  of the state ombudsman.
  426         (b) The state ombudsman shall ensure that there are
  427  representatives of the office is at least one local council
  428  operating in each district of the department’s planning and
  429  service areas. The ombudsman may create additional local
  430  councils as necessary to ensure that residents throughout the
  431  state have adequate access to state Long-Term Care ombudsman
  432  program services. The ombudsman, after approval from the
  433  secretary, shall designate the jurisdictional boundaries of each
  434  local council.
  435         (c) Each district shall convene a public meeting every
  436  quarter.
  437         (2) The duties of the representatives of the office in the
  438  districts local councils are to:
  439         (a) Provide services to assist in Serve as a third-party
  440  mechanism for protecting the health, safety, welfare, and civil
  441  and human rights of residents.
  442         (b) Discover, investigate, and determine the existence of
  443  abuse, or neglect, or exploitation using in any long-term care
  444  facility and to use the procedures provided for in ss. 415.101
  445  415.113 when applicable.
  446         (c) Identify Elicit, receive, investigate, respond to, and
  447  resolve complaints made by or on behalf of residents relating to
  448  actions or omissions by providers or representatives of
  449  providers of long-term care services, other public agencies,
  450  guardians, or representative payees which may adversely affect
  451  the health, safety, welfare, or rights of residents.
  452         (d) Review and, if necessary, comment on all existing or
  453  proposed rules, regulations, and other governmental policies and
  454  actions relating to long-term care facilities that may
  455  potentially have an effect on the rights, health, safety,
  456  welfare, and rights welfare of residents.
  457         (e) Review personal property and money accounts of
  458  residents who are receiving assistance under the Medicaid
  459  program pursuant to an investigation to obtain information
  460  regarding a specific complaint or problem.
  461         (f) Recommend that the state ombudsman and the legal
  462  advocate seek administrative, legal, and other remedies to
  463  protect the health, safety, welfare, and rights of the
  464  residents.
  465         (g) Provide technical assistance for the development of
  466  resident and family councils within long-term care facilities.
  467         (h)(g) Carry out other activities that the state ombudsman
  468  determines to be appropriate.
  469         (3) In order to carry out the duties specified in
  470  subsection (2), a representative of the office may member of a
  471  local council is authorized to enter any long-term care facility
  472  without notice or without first obtaining a warrant; however,
  473  subject to the provisions of s. 400.0074(2) may apply regarding
  474  notice of a followup administrative assessment.
  475         (4) Each district local council shall be composed of
  476  ombudsmen members whose primary residences are residence is
  477  located within the boundaries of the district local council’s
  478  jurisdiction.
  479         (a) Upon good cause shown, the state ombudsman may appoint
  480  an ombudsman to another district. The ombudsman shall strive to
  481  ensure that each local council include the following persons as
  482  members:
  483         1. At least one medical or osteopathic physician whose
  484  practice includes or has included a substantial number of
  485  geriatric patients and who may practice in a long-term care
  486  facility;
  487         2. At least one registered nurse who has geriatric
  488  experience;
  489         3. At least one licensed pharmacist;
  490         4. At least one registered dietitian;
  491         5. At least six nursing home residents or representative
  492  consumer advocates for nursing home residents;
  493         6. At least three residents of assisted living facilities
  494  or adult family-care homes or three representative consumer
  495  advocates for alternative long-term care facility residents;
  496         7. At least one attorney; and
  497         8. At least one professional social worker.
  498         (b) The following individuals may not be appointed as
  499  ombudsmen:
  500         1. The owner or representative of a long-term care
  501  facility.
  502         2. A provider or representative of a provider of long-term
  503  care service.
  504         3. An employee of the agency.
  505         4. An employee of the department, except for a
  506  representative of the office.
  507         5. An employee of the Department of Children and Families.
  508         6. An employee of the Agency for Persons with Disabilities
  509  In no case shall the medical director of a long-term care
  510  facility or an employee of the agency, the department, the
  511  Department of Children and Family Services, or the Agency for
  512  Persons with Disabilities serve as a member or as an ex officio
  513  member of a council.
  514         (5)(a) To be appointed as an ombudsman, an individual must:
  515         1.Individuals wishing to join a local council shall Submit
  516  an application to the state ombudsman or his or her designee.
  517         2. Successfully complete level 2 background screening
  518  pursuant to s. 430.0402 and chapter 435 The ombudsman shall
  519  review the individual’s application and advise the secretary of
  520  his or her recommendation for approval or disapproval of the
  521  candidate’s membership on the local council. If the secretary
  522  approves of the individual’s membership, the individual shall be
  523  appointed as a member of the local council.
  524         (b) The state ombudsman shall approve or deny the
  525  appointment of the individual as an ombudsman The secretary may
  526  rescind the ombudsman’s approval of a member on a local council
  527  at any time. If the secretary rescinds the approval of a member
  528  on a local council, the ombudsman shall ensure that the
  529  individual is immediately removed from the local council on
  530  which he or she serves and the individual may no longer
  531  represent the State Long-Term Care Ombudsman Program until the
  532  secretary provides his or her approval.
  533         (c) Upon appointment as an ombudsman, the individual may
  534  participate in district activities but may not represent the
  535  office or conduct any authorized program duties until the
  536  individual has completed the initial training specified in s.
  537  400.0091(1) and has been certified by the state ombudsman.
  538         (d) The state ombudsman, for good cause shown, such as
  539  development of a conflict of interest, failure to adhere to the
  540  policies and procedures established by the office, or
  541  demonstrated inability to carry out the responsibilities of the
  542  office, may rescind the appointment of an individual as an
  543  ombudsman. After the appointment is rescinded, the individual
  544  may not conduct any duties as an ombudsman and may not represent
  545  the office or the state ombudsman program A local council may
  546  recommend the removal of one or more of its members by
  547  submitting to the ombudsman a resolution adopted by a two-thirds
  548  vote of the members of the council stating the name of the
  549  member or members recommended for removal and the reasons for
  550  the recommendation. If such a recommendation is adopted by a
  551  local council, the local council chair or district coordinator
  552  shall immediately report the council’s recommendation to the
  553  ombudsman. The ombudsman shall review the recommendation of the
  554  local council and advise the secretary of his or her
  555  recommendation regarding removal of the council member or
  556  members.
  557         (6)(a) Each local council shall elect a chair for a term of
  558  1 year. There shall be no limitation on the number of terms that
  559  an approved member of a local council may serve as chair.
  560         (b) The chair shall select a vice chair from among the
  561  members of the council. The vice chair shall preside over the
  562  council in the absence of the chair.
  563         (c) The chair may create additional executive positions as
  564  necessary to carry out the duties of the local council. Any
  565  person appointed to an executive position shall serve at the
  566  pleasure of the chair, and his or her term shall expire on the
  567  same day as the term of the chair.
  568         (d) A chair may be immediately removed from office prior to
  569  the expiration of his or her term by a vote of two-thirds of the
  570  members of the local council. If any chair is removed from
  571  office prior to the expiration of his or her term, a replacement
  572  chair shall be elected during the same meeting, and the term of
  573  the replacement chair shall begin immediately. The replacement
  574  chair shall serve for the remainder of the term of the person he
  575  or she replaced.
  576         (7) Each local council shall meet upon the call of its
  577  chair or upon the call of the ombudsman. Each local council
  578  shall meet at least once a month but may meet more frequently if
  579  necessary.
  580         (6)(8)An ombudsman may not A member of a local council
  581  shall receive no compensation but shall, with approval from the
  582  state ombudsman, be reimbursed for travel expenses both within
  583  and outside the jurisdiction of the local council in accordance
  584  with the provisions of s. 112.061.
  585         (7)(9)A representative of the office may The local
  586  councils are authorized to call upon appropriate state agencies
  587  of state government for such professional assistance as may be
  588  needed in the discharge of his or her their duties, and such.
  589  All state agencies shall cooperate with the local councils in
  590  providing requested information and agency representation at
  591  council meetings.
  592         Section 7. Section 400.0070, Florida Statutes, is amended
  593  to read:
  594         400.0070 Conflicts of interest.—
  595         (1) A representative of the office may The ombudsman shall
  596  not:
  597         (a) Have a direct involvement in the licensing or
  598  certification of, or an ownership or investment interest in, a
  599  long-term care facility or a provider of a long-term care
  600  service.
  601         (b) Be employed by, or participate in the management of, a
  602  long-term care facility.
  603         (c) Receive, or have a right to receive, directly or
  604  indirectly, remuneration, in cash or in kind, under a
  605  compensation agreement with the owner or operator of a long-term
  606  care facility.
  607         (2) Each representative employee of the office, each state
  608  council member, and each local council member shall certify that
  609  he or she does not have any has no conflict of interest.
  610         (3) The department, in consultation with the state
  611  ombudsman, shall define by rule:
  612         (a) Situations that constitute an individual a person
  613  having a conflict of interest which that could materially affect
  614  the objectivity or capacity of the individual a person to serve
  615  as a representative on an ombudsman council, or as an employee
  616  of the office, while carrying out the purposes of the State
  617  Long-Term Care Ombudsman Program as specified in this part.
  618         (b) The procedure by which an individual a person listed in
  619  subsection (2) shall certify that he or she does not have a has
  620  no conflict of interest.
  621         Section 8. Section 400.0071, Florida Statutes, is amended
  622  to read:
  623         400.0071 State Long-Term Care ombudsman program complaint
  624  procedures.—The department, in consultation with the state
  625  ombudsman, shall adopt rules implementing state and local
  626  complaint procedures. The rules must include procedures for
  627  receiving, investigating, identifying, and resolving complaints
  628  concerning the health, safety, welfare, and rights of residents:
  629         (1) Receiving complaints against a long-term care facility
  630  or an employee of a long-term care facility.
  631         (2) Conducting investigations of a long-term care facility
  632  or an employee of a long-term care facility subsequent to
  633  receiving a complaint.
  634         (3) Conducting onsite administrative assessments of long
  635  term care facilities.
  636         Section 9. Section 400.0073, Florida Statutes, is amended
  637  to read:
  638         400.0073 Complaint State and local ombudsman council
  639  investigations.—
  640         (1) A representative of the office local council shall
  641  identify and investigate, within a reasonable time after a
  642  complaint is made, any complaint made by or on behalf of a
  643  resident relating to actions or omissions by providers or
  644  representatives of providers of long-term care services, other
  645  public agencies, guardians, or representative payees which may
  646  adversely affect the health, safety, welfare, or rights of
  647  residents, a representative of a resident, or any other credible
  648  source based on an action or omission by an administrator, an
  649  employee, or a representative of a long-term care facility which
  650  might be:
  651         (a) Contrary to law;
  652         (b) Unreasonable, unfair, oppressive, or unnecessarily
  653  discriminatory, even though in accordance with law;
  654         (c) Based on a mistake of fact;
  655         (d) Based on improper or irrelevant grounds;
  656         (e) Unaccompanied by an adequate statement of reasons;
  657         (f) Performed in an inefficient manner; or
  658         (g) Otherwise adversely affecting the health, safety,
  659  welfare, or rights of a resident.
  660         (2) In an investigation, both the state and local councils
  661  have the authority to hold public hearings.
  662         (3) Subsequent to an appeal from a local council, the state
  663  council may investigate any complaint received by the local
  664  council involving a long-term care facility or a resident.
  665         (2)(4) If a representative of the office the ombudsman or
  666  any state or local council member is not allowed to enter a
  667  long-term care facility, the administrator of the facility shall
  668  be considered to have interfered with a representative of the
  669  office, the state council, or the local council in the
  670  performance of official duties as described in s. 400.0083(1)
  671  and to have violated committed a violation of this part. The
  672  representative of the office ombudsman shall report a facility’s
  673  refusal to allow entry to the facility to the state ombudsman or
  674  his or her designee, who shall report the incident to the
  675  agency, and the agency shall record the report and take it into
  676  consideration when determining actions allowable under s.
  677  400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
  678  429.71.
  679         Section 10. Section 400.0074, Florida Statutes, is amended
  680  to read:
  681         400.0074 Local ombudsman council Onsite administrative
  682  assessments.—
  683         (1) A representative of the office shall In addition to any
  684  specific investigation conducted pursuant to a complaint, the
  685  local council shall conduct, at least annually, an onsite
  686  administrative assessment of each nursing home, assisted living
  687  facility, and adult family-care home within its jurisdiction.
  688  This administrative assessment must be resident-centered and
  689  must shall focus on factors affecting the rights, health,
  690  safety, and welfare of the residents. Each local council is
  691  encouraged to conduct a similar onsite administrative assessment
  692  of each additional long-term care facility within its
  693  jurisdiction.
  694         (2) An onsite administrative assessment is conducted by a
  695  local council shall be subject to the following conditions:
  696         (a) To the extent possible and reasonable, the
  697  administrative assessment may assessments shall not duplicate
  698  the efforts of the agency surveys and inspections conducted by
  699  state agencies of long-term care facilities under part II of
  700  this chapter and parts I and II of chapter 429.
  701         (b) An administrative assessment shall be conducted at a
  702  time and for a duration necessary to produce the information
  703  required to complete the assessment carry out the duties of the
  704  local council.
  705         (c) Advance notice of an administrative assessment may not
  706  be provided to a long-term care facility, except that notice of
  707  followup assessments on specific problems may be provided.
  708         (d) A representative of the office local council member
  709  physically present for the administrative assessment must shall
  710  identify himself or herself to the administrator and cite the
  711  specific statutory authority for his or her assessment of the
  712  facility or his or her designee.
  713         (e) An administrative assessment may not unreasonably
  714  interfere with the programs and activities of residents.
  715         (f) A representative of the office local council member may
  716  not enter a single-family residential unit within a long-term
  717  care facility during an administrative assessment without the
  718  permission of the resident or the representative of the
  719  resident.
  720         (g) An administrative assessment shall must be conducted in
  721  a manner that does not impose an will impose no unreasonable
  722  burden on a long-term care facility.
  723         (3) Regardless of jurisdiction, the ombudsman may authorize
  724  a state or local council member to assist another local council
  725  to perform the administrative assessments described in this
  726  section.
  727         (4) An onsite administrative assessment may not be
  728  accomplished by forcible entry. However, if a representative of
  729  the office ombudsman or a state or local council member is not
  730  allowed to enter a long-term care facility, the administrator of
  731  the facility shall be considered to have interfered with a
  732  representative of the office, the state council, or the local
  733  council in the performance of official duties as described in s.
  734  400.0083(1) and to have committed a violation of this part. The
  735  representative of the office ombudsman shall report the refusal
  736  by a facility to allow entry to the state ombudsman or his or
  737  her designee, who shall then report the incident to the agency,
  738  and the agency shall record the report and take it into
  739  consideration when determining actions allowable under s.
  740  400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
  741  429.71.
  742         (4) The department, in consultation with the state
  743  ombudsman, may adopt rules implementing procedures for
  744  conducting onsite administrative assessments of long-term care
  745  facilities.
  746         Section 11. Section 400.0075, Florida Statutes, is amended
  747  to read:
  748         400.0075 Complaint notification and resolution procedures.—
  749         (1)(a) Any complaint or problem verified by a
  750  representative of the office an ombudsman council as a result of
  751  an investigation may or onsite administrative assessment, which
  752  complaint or problem is determined to require remedial action by
  753  the local council, shall be identified and brought to the
  754  attention of the long-term care facility administrator subject
  755  to the confidentiality provisions of s. 400.0077 in writing.
  756  Upon receipt of the information such document, the
  757  administrator, with the concurrence of the representative of the
  758  office local council chair, shall establish target dates for
  759  taking appropriate remedial action. If, by the target date, the
  760  remedial action is not completed or forthcoming, the
  761  representative may extend the target date if there is reason to
  762  believe such action would facilitate the resolution of the
  763  complaint, or the representative may refer the complaint to the
  764  district manager local council chair may, after obtaining
  765  approval from the ombudsman and a majority of the members of the
  766  local council:
  767         1. Extend the target date if the chair has reason to
  768  believe such action would facilitate the resolution of the
  769  complaint.
  770         2. In accordance with s. 400.0077, publicize the complaint,
  771  the recommendations of the council, and the response of the
  772  long-term care facility.
  773         3. Refer the complaint to the state council.
  774         (b) If an ombudsman determines the local council chair
  775  believes that the health, safety, welfare, or rights of a the
  776  resident are in imminent danger, the ombudsman must immediately
  777  notify the district manager. The district manager chair shall
  778  notify the ombudsman or legal advocate, who, after verifying
  779  that such imminent danger exists, must notify the appropriate
  780  state agencies, including law enforcement agencies, the state
  781  ombudsman, and the legal advocate to ensure the protection of
  782  shall seek immediate legal or administrative remedies to protect
  783  the resident.
  784         (c) If the state ombudsman or legal advocate has reason to
  785  believe that the long-term care facility or an employee of the
  786  facility has committed a criminal act, the state ombudsman or
  787  legal advocate shall provide the local law enforcement agency
  788  with the relevant information to initiate an investigation of
  789  the case.
  790         (2)(a) Upon referral from a district local council, the
  791  state ombudsman or his or her designee council shall assume the
  792  responsibility for the disposition of the complaint. If a long
  793  term care facility fails to take action to resolve or remedy the
  794  on a complaint by the state council, the state ombudsman council
  795  may, after obtaining approval from the ombudsman and a majority
  796  of the state council members:
  797         (a)1. In accordance with s. 400.0077, publicize the
  798  complaint, the recommendations of the representatives of the
  799  office local or state council, and the response of the long-term
  800  care facility.
  801         (b)2. Recommend to the department and the agency a series
  802  of facility reviews pursuant to s. 400.19, s. 429.34, or s.
  803  429.67 to ensure correction and nonrecurrence of the conditions
  804  that gave give rise to the complaint complaints against the a
  805  long-term care facility.
  806         (c)3. Recommend to the department and the agency that the
  807  long-term care facility no longer receive payments under any
  808  state assistance program, including Medicaid.
  809         (d)4. Recommend to the department and the agency that
  810  procedures be initiated for action against revocation of the
  811  long-term care facility’s license in accordance with chapter
  812  120.
  813         (b) If the state council chair believes that the health,
  814  safety, welfare, or rights of the resident are in imminent
  815  danger, the chair shall notify the ombudsman or legal advocate,
  816  who, after verifying that such imminent danger exists, shall
  817  seek immediate legal or administrative remedies to protect the
  818  resident.
  819         (3)(c) If the state ombudsman, after consultation with the
  820  legal advocate, has reason to believe that the long-term care
  821  facility or an employee of the facility has committed a criminal
  822  act, the office ombudsman shall provide the local law
  823  enforcement agency with the relevant information to initiate an
  824  investigation of the case.
  825         Section 12. Section 400.0078, Florida Statutes, is amended
  826  to read:
  827         400.0078 Citizen access to state Long-Term Care ombudsman
  828  program services.—
  829         (1) The office shall establish a statewide toll-free
  830  telephone number and e-mail address for receiving complaints
  831  concerning matters adversely affecting the health, safety,
  832  welfare, or rights of residents.
  833         (2) Every resident or representative of a resident shall
  834  receive, Upon admission to a long-term care facility, each
  835  resident or representative of a resident must receive
  836  information regarding:
  837         (a) The purpose of the state Long-Term Care ombudsman
  838  program.,
  839         (b) The statewide toll-free telephone number and e-mail
  840  address for receiving complaints., and
  841         (c) Information that retaliatory action cannot be taken
  842  against a resident for presenting grievances or for exercising
  843  any other resident rights.
  844         (d) Other relevant information regarding how to contact
  845  representatives of the office program.
  846  
  847  Residents or their representatives must be furnished additional
  848  copies of this information upon request.
  849         Section 13. Section 400.0079, Florida Statutes, is amended
  850  to read:
  851         400.0079 Immunity.—
  852         (1) Any person making a complaint pursuant to this part who
  853  does so in good faith shall be immune from any liability, civil
  854  or criminal, that otherwise might be incurred or imposed as a
  855  direct or indirect result of making the complaint.
  856         (2) Representatives of the office and The ombudsman or any
  857  person authorized by the ombudsman to act on behalf of the
  858  office, as well as all members of the state council are and
  859  local councils, shall be immune from any liability, civil or
  860  criminal, that otherwise might be incurred or imposed during the
  861  good faith performance of official duties.
  862         Section 14. Section 400.0081, Florida Statutes, is amended
  863  to read:
  864         400.0081 Access to facilities, residents, and records.—
  865         (1) A long-term care facility shall provide representatives
  866  of the office with, the state council and its members, and the
  867  local councils and their members access to:
  868         (a) Access to Any portion of the long-term care facility
  869  and residents any resident as necessary to investigate or
  870  resolve a complaint.
  871         (b) Appropriate access to medical and social records of a
  872  resident for review as necessary to investigate or resolve a
  873  complaint, if:
  874         1. The representative of the office has the permission of
  875  the resident or the legal representative of the resident; or
  876         2. The resident is unable to consent to the review and does
  877  not have a has no legal representative.
  878         (c) Access to medical and social records of a the resident
  879  as necessary to investigate or resolve a complaint, if:
  880         1. A legal representative or guardian of the resident
  881  refuses to give permission;
  882         2. A representative of the office has reasonable cause to
  883  believe that the legal representative or guardian is not acting
  884  in the best interests of the resident; and
  885         3. The representative of the office state or local council
  886  member obtains the approval of the state ombudsman.
  887         (d) Access to the administrative records, policies, and
  888  documents to which residents or the general public has have
  889  access.
  890         (e) Upon request, copies of all licensing and certification
  891  records maintained by the state with respect to a long-term care
  892  facility.
  893         (2) The department, in consultation with the state
  894  ombudsman and the state council, may adopt rules to establish
  895  procedures to ensure access to facilities, residents, and
  896  records as described in this section.
  897         Section 15. Section 400.0083, Florida Statutes, is amended
  898  to read:
  899         400.0083 Interference; retaliation; penalties.—
  900         (1) A It shall be unlawful for any person, long-term care
  901  facility, or other entity may not to willfully interfere with a
  902  representative of the office or, the state council, or a local
  903  council in the performance of official duties.
  904         (2) A It shall be unlawful for any person, long-term care
  905  facility, or other entity may not to knowingly or willfully take
  906  action or retaliate against any resident, employee, or other
  907  person for filing a complaint with, providing information to, or
  908  otherwise cooperating with any representative of the office or,
  909  the state council, or a local council.
  910         (3) A Any person, long-term care facility, or other entity
  911  that violates this section:
  912         (a) Is Shall be liable for damages and equitable relief as
  913  determined by law.
  914         (b) Commits a misdemeanor of the second degree, punishable
  915  as provided in s. 775.083.
  916         Section 16. Section 400.0087, Florida Statutes, is amended
  917  to read:
  918         400.0087 Department oversight; funding.—
  919         (1) The department shall meet the costs associated with the
  920  state Long-Term Care ombudsman program from funds appropriated
  921  to it.
  922         (a) The department shall include the costs associated with
  923  support of the state Long-Term Care ombudsman program when
  924  developing its budget requests for consideration by the Governor
  925  and submittal to the Legislature.
  926         (b) The department may divert from the federal ombudsman
  927  appropriation an amount equal to the department’s administrative
  928  cost ratio to cover the costs associated with administering the
  929  state ombudsman program. The remaining allotment from the Older
  930  Americans Act program shall be expended on direct ombudsman
  931  activities.
  932         (2) The department shall monitor the office and, the state
  933  council, and the local councils to ensure that each is carrying
  934  out the duties delegated to it by state and federal law.
  935         (3) The department is responsible for ensuring that the
  936  office:
  937         (a) Has the objectivity and independence required to
  938  qualify it for funding under the federal Older Americans Act.
  939         (b) Provides information to public and private agencies,
  940  legislators, and others.
  941         (c) Provides appropriate training to representatives of the
  942  office or of the state or local councils.
  943         (d) Coordinates ombudsman services with Disability Rights
  944  Florida the Advocacy Center for Persons with Disabilities and
  945  with providers of legal services to residents of long-term care
  946  facilities in compliance with state and federal laws.
  947         (4) The department shall also:
  948         (a) Receive and disburse state and federal funds for
  949  purposes that the state ombudsman has formulated in accordance
  950  with the Older Americans Act.
  951         (b) Whenever necessary, act as liaison between agencies and
  952  branches of the federal and state governments and the office
  953  State Long-Term Care Ombudsman Program.
  954         Section 17. Section 400.0089, Florida Statutes, is amended
  955  to read:
  956         400.0089 Complaint data reports.—The office shall maintain
  957  a statewide uniform reporting system to collect and analyze data
  958  relating to complaints and conditions in long-term care
  959  facilities and to residents for the purpose of identifying and
  960  resolving complaints significant problems. The office shall
  961  publish quarterly and make readily available information
  962  pertaining to the number and types of complaints received by the
  963  state Long-Term Care ombudsman program and shall include such
  964  information in the annual report required under s. 400.0065.
  965         Section 18. Section 400.0091, Florida Statutes, is amended
  966  to read:
  967         400.0091 Training.—The state ombudsman shall ensure that
  968  appropriate training is provided to all representatives
  969  employees of the office and to the members of the state and
  970  local councils.
  971         (1) All representatives state and local council members and
  972  employees of the office shall be given a minimum of 20 hours of
  973  training upon employment with the office or appointment as an
  974  ombudsman. Ten approval as a state or local council member and
  975  10 hours of continuing education is required annually
  976  thereafter.
  977         (2) The state ombudsman shall approve the curriculum for
  978  the initial and continuing education training, which must, at a
  979  minimum, address:
  980         (a) Resident confidentiality.
  981         (b) Guardianships and powers of attorney.
  982         (c) Medication administration.
  983         (d) Care and medication of residents with dementia and
  984  Alzheimer’s disease.
  985         (e) Accounting for residents’ funds.
  986         (f) Discharge rights and responsibilities.
  987         (g) Cultural sensitivity.
  988         (h) Any other topic related to residency within a long-term
  989  care facility recommended by the secretary.
  990         (3) An individual No employee, officer, or representative
  991  of the office or of the state or local councils, other than the
  992  state ombudsman, may not hold himself or herself out as a
  993  representative of the office State Long-Term Care Ombudsman
  994  Program or conduct any authorized program duty described in this
  995  part unless the individual person has received the training
  996  required by this section and has been certified by the state
  997  ombudsman as qualified to carry out ombudsman activities on
  998  behalf of the office or the state or local councils.
  999         Section 19. Subsection (4) of section 20.41, Florida
 1000  Statutes, is amended to read:
 1001         20.41 Department of Elderly Affairs.—There is created a
 1002  Department of Elderly Affairs.
 1003         (4) The department shall administer the Office of State
 1004  Long-Term Care Ombudsman Council, created by s. 400.0063
 1005  400.0067, and the local long-term care ombudsman councils,
 1006  created by s. 400.0069 and shall, as required by s. 712 of the
 1007  federal Older Americans Act of 1965, ensure that both the state
 1008  office operates and local long-term care ombudsman councils
 1009  operate in compliance with the Older Americans Act.
 1010         Section 20. Subsections (10) through (19) of section
 1011  400.021, Florida Statutes, are amended to read:
 1012         400.021 Definitions.—When used in this part, unless the
 1013  context otherwise requires, the term:
 1014         (10) “Local ombudsman council” means a local long-term care
 1015  ombudsman council established pursuant to s. 400.0069, located
 1016  within the Older Americans Act planning and service areas.
 1017         (10)(11) “Nursing home bed” means an accommodation which is
 1018  ready for immediate occupancy, or is capable of being made ready
 1019  for occupancy within 48 hours, excluding provision of staffing;
 1020  and which conforms to minimum space requirements, including the
 1021  availability of appropriate equipment and furnishings within the
 1022  48 hours, as specified by rule of the agency, for the provision
 1023  of services specified in this part to a single resident.
 1024         (11)(12) “Nursing home facility” means any facility which
 1025  provides nursing services as defined in part I of chapter 464
 1026  and which is licensed according to this part.
 1027         (12)(13) “Nursing service” means such services or acts as
 1028  may be rendered, directly or indirectly, to and in behalf of a
 1029  person by individuals as defined in s. 464.003.
 1030         (13) “Office” has the same meaning as in s. 400.0060.
 1031         (14) “Planning and service area” means the geographic area
 1032  in which the Older Americans Act programs are administered and
 1033  services are delivered by the Department of Elderly Affairs.
 1034         (15) “Representative of the office” has the same meaning as
 1035  in s. 400.0060.
 1036         (16)(15) “Respite care” means admission to a nursing home
 1037  for the purpose of providing a short period of rest or relief or
 1038  emergency alternative care for the primary caregiver of an
 1039  individual receiving care at home who, without home-based care,
 1040  would otherwise require institutional care.
 1041         (17)(16) “Resident care plan” means a written plan
 1042  developed, maintained, and reviewed not less than quarterly by a
 1043  registered nurse, with participation from other facility staff
 1044  and the resident or his or her designee or legal representative,
 1045  which includes a comprehensive assessment of the needs of an
 1046  individual resident; the type and frequency of services required
 1047  to provide the necessary care for the resident to attain or
 1048  maintain the highest practicable physical, mental, and
 1049  psychosocial well-being; a listing of services provided within
 1050  or outside the facility to meet those needs; and an explanation
 1051  of service goals.
 1052         (18)(17) “Resident designee” means a person, other than the
 1053  owner, administrator, or employee of the facility, designated in
 1054  writing by a resident or a resident’s guardian, if the resident
 1055  is adjudicated incompetent, to be the resident’s representative
 1056  for a specific, limited purpose.
 1057         (19)(18) “State ombudsman program councilhas the same
 1058  meaning as in s. 400.0060 means the State Long-Term Care
 1059  Ombudsman Council established pursuant to s. 400.0067.
 1060         (20)(19) “Therapeutic spa services” means bathing, nail,
 1061  and hair care services and other similar services related to
 1062  personal hygiene.
 1063         Section 21. Paragraph (c) of subsection (1) and subsections
 1064  (2) and (3) of section 400.022, Florida Statutes, are amended to
 1065  read:
 1066         400.022 Residents’ rights.—
 1067         (1) All licensees of nursing home facilities shall adopt
 1068  and make public a statement of the rights and responsibilities
 1069  of the residents of such facilities and shall treat such
 1070  residents in accordance with the provisions of that statement.
 1071  The statement shall assure each resident the following:
 1072         (c) Any entity or individual that provides health, social,
 1073  legal, or other services to a resident has the right to have
 1074  reasonable access to the resident. The resident has the right to
 1075  deny or withdraw consent to access at any time by any entity or
 1076  individual. Notwithstanding the visiting policy of the facility,
 1077  the following individuals must be permitted immediate access to
 1078  the resident:
 1079         1. Any representative of the federal or state government,
 1080  including, but not limited to, representatives of the Department
 1081  of Children and Families Family Services, the Department of
 1082  Health, the Agency for Health Care Administration, the Office of
 1083  the Attorney General, and the Department of Elderly Affairs; any
 1084  law enforcement officer; any representative members of the
 1085  office state or local ombudsman council; and the resident’s
 1086  individual physician.
 1087         2. Subject to the resident’s right to deny or withdraw
 1088  consent, immediate family or other relatives of the resident.
 1089  
 1090  The facility must allow representatives of the office state
 1091  Long-Term Care ombudsman Council to examine a resident’s
 1092  clinical records with the permission of the resident or the
 1093  resident’s legal representative and consistent with state law.
 1094         (2) The licensee for each nursing home shall orally inform
 1095  the resident of the resident’s rights and provide a copy of the
 1096  statement required by subsection (1) to each resident or the
 1097  resident’s legal representative at or before the resident’s
 1098  admission to a facility. The licensee shall provide a copy of
 1099  the resident’s rights to each staff member of the facility. Each
 1100  such licensee shall prepare a written plan and provide
 1101  appropriate staff training to implement the provisions of this
 1102  section. The written statement of rights must include a
 1103  statement that a resident may file a complaint with the agency
 1104  or state local ombudsman program council. The statement must be
 1105  in boldfaced type and shall include the name, address, and
 1106  telephone number and e-mail address of the state numbers of the
 1107  local ombudsman program council and the telephone number of the
 1108  central abuse hotline where complaints may be lodged.
 1109         (3) Any violation of the resident’s rights set forth in
 1110  this section constitutes shall constitute grounds for action by
 1111  the agency under the provisions of s. 400.102, s. 400.121, or
 1112  part II of chapter 408. In order to determine whether the
 1113  licensee is adequately protecting residents’ rights, the
 1114  licensure inspection of the facility must shall include private
 1115  informal conversations with a sample of residents to discuss
 1116  residents’ experiences within the facility with respect to
 1117  rights specified in this section and general compliance with
 1118  standards, and consultation with the state ombudsman program
 1119  council in the local planning and service area of the Department
 1120  of Elderly Affairs in which the nursing home is located.
 1121         Section 22. Subsections (8), (9), and (11) through (14) of
 1122  section 400.0255, Florida Statutes, are amended to read:
 1123         400.0255 Resident transfer or discharge; requirements and
 1124  procedures; hearings.—
 1125         (8) The notice required by subsection (7) must be in
 1126  writing and must contain all information required by state and
 1127  federal law, rules, or regulations applicable to Medicaid or
 1128  Medicare cases. The agency shall develop a standard document to
 1129  be used by all facilities licensed under this part for purposes
 1130  of notifying residents of a discharge or transfer. Such document
 1131  must include a means for a resident to request the office local
 1132  long-term care ombudsman council to review the notice and
 1133  request information about or assistance with initiating a fair
 1134  hearing with the department’s Office of Appeals Hearings. In
 1135  addition to any other pertinent information included, the form
 1136  shall specify the reason allowed under federal or state law that
 1137  the resident is being discharged or transferred, with an
 1138  explanation to support this action. Further, the form must shall
 1139  state the effective date of the discharge or transfer and the
 1140  location to which the resident is being discharged or
 1141  transferred. The form must shall clearly describe the resident’s
 1142  appeal rights and the procedures for filing an appeal, including
 1143  the right to request the office local ombudsman council to
 1144  review the notice of discharge or transfer. A copy of the notice
 1145  must be placed in the resident’s clinical record, and a copy
 1146  must be transmitted to the resident’s legal guardian or
 1147  representative and to the office local ombudsman council within
 1148  5 business days after signature by the resident or resident
 1149  designee.
 1150         (9) A resident may request that the office local ombudsman
 1151  council review any notice of discharge or transfer given to the
 1152  resident. When requested by a resident to review a notice of
 1153  discharge or transfer, the office local ombudsman council shall
 1154  do so within 7 days after receipt of the request. The nursing
 1155  home administrator, or the administrator’s designee, must
 1156  forward the request for review contained in the notice to the
 1157  office local ombudsman council within 24 hours after such
 1158  request is submitted. Failure to forward the request within 24
 1159  hours after the request is submitted shall toll the running of
 1160  the 30-day advance notice period until the request has been
 1161  forwarded.
 1162         (11) Notwithstanding paragraph (10)(b), an emergency
 1163  discharge or transfer may be implemented as necessary pursuant
 1164  to state or federal law during the period of time after the
 1165  notice is given and before the time a hearing decision is
 1166  rendered. Notice of an emergency discharge or transfer to the
 1167  resident, the resident’s legal guardian or representative, and
 1168  the office local ombudsman council if requested pursuant to
 1169  subsection (9) must be by telephone or in person. This notice
 1170  shall be given before the transfer, if possible, or as soon
 1171  thereafter as practicable. A representative of the office local
 1172  ombudsman council conducting a review under this subsection
 1173  shall do so within 24 hours after receipt of the request. The
 1174  resident’s file must be documented to show who was contacted,
 1175  whether the contact was by telephone or in person, and the date
 1176  and time of the contact. If the notice is not given in writing,
 1177  written notice meeting the requirements of subsection (8) must
 1178  be given the next working day.
 1179         (12) After receipt of any notice required under this
 1180  section, the office local ombudsman council may request a
 1181  private informal conversation with a resident to whom the notice
 1182  is directed, and, if known, a family member or the resident’s
 1183  legal guardian or designee, to ensure that the facility is
 1184  proceeding with the discharge or transfer in accordance with the
 1185  requirements of this section. If requested, the office local
 1186  ombudsman council shall assist the resident with filing an
 1187  appeal of the proposed discharge or transfer.
 1188         (13) The following persons must be present at all hearings
 1189  authorized under this section:
 1190         (a) The resident, or the resident’s legal representative or
 1191  designee.
 1192         (b) The facility administrator, or the facility’s legal
 1193  representative or designee.
 1194  
 1195  A representative of the office local long-term care ombudsman
 1196  council may be present at all hearings authorized by this
 1197  section.
 1198         (14) In any hearing under this section, the following
 1199  information concerning the parties shall be confidential and
 1200  exempt from the provisions of s. 119.07(1):
 1201         (a) Names and addresses.
 1202         (b) Medical services provided.
 1203         (c) Social and economic conditions or circumstances.
 1204         (d) Evaluation of personal information.
 1205         (e) Medical data, including diagnosis and past history of
 1206  disease or disability.
 1207         (f) Any information received verifying income eligibility
 1208  and amount of medical assistance payments. Income information
 1209  received from the Social Security Administration or the Internal
 1210  Revenue Service must be safeguarded according to the
 1211  requirements of the agency that furnished the data.
 1212  
 1213  The exemption created by this subsection does not prohibit
 1214  access to such information by a representative of the office
 1215  local long-term care ombudsman council upon request, by a
 1216  reviewing court if such information is required to be part of
 1217  the record upon subsequent review, or as specified in s. 24(a),
 1218  Art. I of the State Constitution.
 1219         Section 23. Subsection (2) of section 400.1413, Florida
 1220  Statutes, is amended to read:
 1221         400.1413 Volunteers in nursing homes.—
 1222         (2) This section does not affect the activities of the
 1223  state or local long-term care ombudsman program councils
 1224  authorized under part I.
 1225         Section 24. Paragraph (d) of subsection (5) of section
 1226  400.162, Florida Statutes, is amended to read:
 1227         400.162 Property and personal affairs of residents.—
 1228         (5)
 1229         (d) If, at any time during the period for which a license
 1230  is issued, a licensee that has not purchased a surety bond or
 1231  entered into a self-insurance agreement, as provided in
 1232  paragraphs (b) and (c), is requested to provide safekeeping for
 1233  the personal funds of a resident, the licensee shall notify the
 1234  agency of the request and make application for a surety bond or
 1235  for participation in a self-insurance agreement within 7 days
 1236  after of the request, exclusive of weekends and holidays. Copies
 1237  of the application, along with written documentation of related
 1238  correspondence with an insurance agency or group, shall be
 1239  maintained by the licensee for review by the agency and the
 1240  office state Nursing Home and Long-Term Care Facility ombudsman
 1241  Council.
 1242         Section 25. Subsections (1) and (4) of section 400.19,
 1243  Florida Statutes, are amended to read:
 1244         400.19 Right of entry and inspection.—
 1245         (1) In accordance with part II of chapter 408, the agency
 1246  and any duly designated officer or employee thereof or a
 1247  representative member of the office state Long-Term Care
 1248  ombudsman Council or the local long-term care ombudsman council
 1249  shall have the right to enter upon and into the premises of any
 1250  facility licensed pursuant to this part, or any distinct nursing
 1251  home unit of a hospital licensed under chapter 395 or any
 1252  freestanding facility licensed under chapter 395 which that
 1253  provides extended care or other long-term care services, at any
 1254  reasonable time in order to determine the state of compliance
 1255  with the provisions of this part, part II of chapter 408, and
 1256  applicable rules in force pursuant thereto. The agency shall,
 1257  within 60 days after receipt of a complaint made by a resident
 1258  or resident’s representative, complete its investigation and
 1259  provide to the complainant its findings and resolution.
 1260         (4) The agency shall conduct unannounced onsite facility
 1261  reviews following written verification of licensee noncompliance
 1262  in instances in which the office a long-term care ombudsman
 1263  council, pursuant to ss. 400.0071 and 400.0075, has received a
 1264  complaint and has documented deficiencies in resident care or in
 1265  the physical plant of the facility that threaten the health,
 1266  safety, or security of residents, or when the agency documents
 1267  through inspection that conditions in a facility present a
 1268  direct or indirect threat to the health, safety, or security of
 1269  residents. However, the agency shall conduct unannounced onsite
 1270  reviews every 3 months of each facility while the facility has a
 1271  conditional license. Deficiencies related to physical plant do
 1272  not require followup reviews after the agency has determined
 1273  that correction of the deficiency has been accomplished and that
 1274  the correction is of the nature that continued compliance can be
 1275  reasonably expected.
 1276         Section 26. Subsection (1) of section 400.191, Florida
 1277  Statutes, is amended to read:
 1278         400.191 Availability, distribution, and posting of reports
 1279  and records.—
 1280         (1) The agency shall provide information to the public
 1281  about all of the licensed nursing home facilities operating in
 1282  the state. The agency shall, within 60 days after a licensure
 1283  inspection visit or within 30 days after any interim visit to a
 1284  facility, send copies of the inspection reports to the office
 1285  local long-term care ombudsman council, the agency’s local
 1286  office, and a public library or the county seat for the county
 1287  in which the facility is located. The agency may provide
 1288  electronic access to inspection reports as a substitute for
 1289  sending copies.
 1290         Section 27. Subsection (6) and paragraph (c) of subsection
 1291  (7) of section 400.23, Florida Statutes, are amended to read:
 1292         400.23 Rules; evaluation and deficiencies; licensure
 1293  status.—
 1294         (6) Before Prior to conducting a survey of the facility,
 1295  the survey team shall obtain a copy of the office’s local long
 1296  term care ombudsman council report on the facility. Problems
 1297  noted in the report shall be incorporated into and followed up
 1298  through the agency’s inspection process. This procedure does not
 1299  preclude the office local long-term care ombudsman council from
 1300  requesting the agency to conduct a followup visit to the
 1301  facility.
 1302         (7) The agency shall, at least every 15 months, evaluate
 1303  all nursing home facilities and make a determination as to the
 1304  degree of compliance by each licensee with the established rules
 1305  adopted under this part as a basis for assigning a licensure
 1306  status to that facility. The agency shall base its evaluation on
 1307  the most recent inspection report, taking into consideration
 1308  findings from other official reports, surveys, interviews,
 1309  investigations, and inspections. In addition to license
 1310  categories authorized under part II of chapter 408, the agency
 1311  shall assign a licensure status of standard or conditional to
 1312  each nursing home.
 1313         (c) In evaluating the overall quality of care and services
 1314  and determining whether the facility will receive a conditional
 1315  or standard license, the agency shall consider the needs and
 1316  limitations of residents in the facility and the results of
 1317  interviews and surveys of a representative sampling of
 1318  residents, families of residents, representatives of the office
 1319  ombudsman council members in the planning and service area in
 1320  which the facility is located, guardians of residents, and staff
 1321  of the nursing home facility.
 1322         Section 28. Paragraph (a) of subsection (3), paragraph (f)
 1323  of subsection (5), and subsection (6) of section 400.235,
 1324  Florida Statutes, are amended to read:
 1325         400.235 Nursing home quality and licensure status; Gold
 1326  Seal Program.—
 1327         (3)(a) The Gold Seal Program shall be developed and
 1328  implemented by the Governor’s Panel on Excellence in Long-Term
 1329  Care which shall operate under the authority of the Executive
 1330  Office of the Governor. The panel shall be composed of three
 1331  persons appointed by the Governor, to include a consumer
 1332  advocate for senior citizens and two persons with expertise in
 1333  the fields of quality management, service delivery excellence,
 1334  or public sector accountability; three persons appointed by the
 1335  Secretary of Elderly Affairs, to include an active member of a
 1336  nursing facility family and resident care council and a member
 1337  of the University Consortium on Aging; a representative of the
 1338  Office of State Long-Term Care Ombudsman; one person appointed
 1339  by the Florida Life Care Residents Association; one person
 1340  appointed by the State Surgeon General; two persons appointed by
 1341  the Secretary of Health Care Administration; one person
 1342  appointed by the Florida Association of Homes for the Aging; and
 1343  one person appointed by the Florida Health Care Association.
 1344  Vacancies on the panel shall be filled in the same manner as the
 1345  original appointments.
 1346         (5) Facilities must meet the following additional criteria
 1347  for recognition as a Gold Seal Program facility:
 1348         (f) Evidence that verified an outstanding record regarding
 1349  the number and types of substantiated complaints reported to the
 1350  Office of State Long-Term Care Ombudsman Council within the 30
 1351  months preceding application for the program have been resolved
 1352  or, if they have not been resolved, that the facility has made a
 1353  good faith effort to resolve the complaints.
 1354  
 1355  A facility assigned a conditional licensure status may not
 1356  qualify for consideration for the Gold Seal Program until after
 1357  it has operated for 30 months with no class I or class II
 1358  deficiencies and has completed a regularly scheduled relicensure
 1359  survey.
 1360         (6) The agency, nursing facility industry organizations,
 1361  consumers, Office of State Long-Term Care Ombudsman Council, and
 1362  members of the community may recommend to the Governor
 1363  facilities that meet the established criteria for consideration
 1364  for and award of the Gold Seal. The panel shall review nominees
 1365  and make a recommendation to the Governor for final approval and
 1366  award. The decision of the Governor is final and is not subject
 1367  to appeal.
 1368         Section 29. Present subsections (18) through (28) of
 1369  section 415.102, Florida Statutes, are redesignated as
 1370  subsections (19) through (29), respectively, and a new
 1371  subsection (18) is added to that section, to read:
 1372         415.102 Definitions of terms used in ss. 415.101-415.113.
 1373  As used in ss. 415.101-415.113, the term:
 1374         (18) “Office” has the same meaning as in s. 400.0060.
 1375         Section 30. Paragraph (a) of subsection (1) of section
 1376  415.1034, Florida Statutes, is amended to read:
 1377         415.1034 Mandatory reporting of abuse, neglect, or
 1378  exploitation of vulnerable adults; mandatory reports of death.—
 1379         (1) MANDATORY REPORTING.—
 1380         (a) Any person, including, but not limited to, any:
 1381         1. Physician, osteopathic physician, medical examiner,
 1382  chiropractic physician, nurse, paramedic, emergency medical
 1383  technician, or hospital personnel engaged in the admission,
 1384  examination, care, or treatment of vulnerable adults;
 1385         2. Health professional or mental health professional other
 1386  than one listed in subparagraph 1.;
 1387         3. Practitioner who relies solely on spiritual means for
 1388  healing;
 1389         4. Nursing home staff; assisted living facility staff;
 1390  adult day care center staff; adult family-care home staff;
 1391  social worker; or other professional adult care, residential, or
 1392  institutional staff;
 1393         5. State, county, or municipal criminal justice employee or
 1394  law enforcement officer;
 1395         6. An Employee of the Department of Business and
 1396  Professional Regulation conducting inspections of public lodging
 1397  establishments under s. 509.032;
 1398         7. Florida advocacy council member or representative of the
 1399  Office of State Long-Term Care Ombudsman council member; or
 1400         8. Bank, savings and loan, or credit union officer,
 1401  trustee, or employee,
 1402  
 1403  who knows, or has reasonable cause to suspect, that a vulnerable
 1404  adult has been or is being abused, neglected, or exploited shall
 1405  immediately report such knowledge or suspicion to the central
 1406  abuse hotline.
 1407         Section 31. Subsection (1) of section 415.104, Florida
 1408  Statutes, is amended to read:
 1409         415.104 Protective investigations of cases of abuse,
 1410  neglect, or exploitation of vulnerable adults; transmittal of
 1411  records to state attorney.—
 1412         (1) The department shall, upon receipt of a report alleging
 1413  abuse, neglect, or exploitation of a vulnerable adult, begin
 1414  within 24 hours a protective investigation of the facts alleged
 1415  therein. If a caregiver refuses to allow the department to begin
 1416  a protective investigation or interferes with the conduct of
 1417  such an investigation, the appropriate law enforcement agency
 1418  shall be contacted for assistance. If, during the course of the
 1419  investigation, the department has reason to believe that the
 1420  abuse, neglect, or exploitation is perpetrated by a second
 1421  party, the appropriate law enforcement agency and state attorney
 1422  shall be orally notified. The department and the law enforcement
 1423  agency shall cooperate to allow the criminal investigation to
 1424  proceed concurrently with, and not be hindered by, the
 1425  protective investigation. The department shall make a
 1426  preliminary written report to the law enforcement agencies
 1427  within 5 working days after the oral report. The department
 1428  shall, within 24 hours after receipt of the report, notify the
 1429  appropriate Florida local advocacy council, or the office long
 1430  term care ombudsman council, when appropriate, that an alleged
 1431  abuse, neglect, or exploitation perpetrated by a second party
 1432  has occurred. Notice to the Florida local advocacy council or
 1433  the office long-term care ombudsman council may be accomplished
 1434  orally or in writing and shall include the name and location of
 1435  the vulnerable adult alleged to have been abused, neglected, or
 1436  exploited and the nature of the report.
 1437         Section 32. Subsection (8) of section 415.1055, Florida
 1438  Statutes, is amended to read:
 1439         415.1055 Notification to administrative entities.—
 1440         (8) At the conclusion of a protective investigation at a
 1441  facility, the department shall notify either the Florida local
 1442  advocacy council or the office long-term care ombudsman council
 1443  of the results of the investigation. This notification must be
 1444  in writing.
 1445         Section 33. Subsection (2) of section 415.106, Florida
 1446  Statutes, is amended to read:
 1447         415.106 Cooperation by the department and criminal justice
 1448  and other agencies.—
 1449         (2) To ensure coordination, communication, and cooperation
 1450  with the investigation of abuse, neglect, or exploitation of
 1451  vulnerable adults, the department shall develop and maintain
 1452  interprogram agreements or operational procedures among
 1453  appropriate departmental programs and the Office of State Long
 1454  Term Care Ombudsman Council, the Florida Statewide Advocacy
 1455  Council, and other agencies that provide services to vulnerable
 1456  adults. These agreements or procedures must cover such subjects
 1457  as the appropriate roles and responsibilities of the department
 1458  in identifying and responding to reports of abuse, neglect, or
 1459  exploitation of vulnerable adults; the provision of services;
 1460  and related coordinated activities.
 1461         Section 34. Paragraph (g) of subsection (3) of section
 1462  415.107, Florida Statutes, is amended to read:
 1463         415.107 Confidentiality of reports and records.—
 1464         (3) Access to all records, excluding the name of the
 1465  reporter which shall be released only as provided in subsection
 1466  (6), shall be granted only to the following persons, officials,
 1467  and agencies:
 1468         (g) Any appropriate official of the Florida advocacy
 1469  council or the office long-term care ombudsman council
 1470  investigating a report of known or suspected abuse, neglect, or
 1471  exploitation of a vulnerable adult.
 1472         Section 35. Present subsections (16) through (26) of
 1473  section 429.02, Florida Statutes, are redesignated as
 1474  subsections (17) through (27), respectively, present subsections
 1475  (11) and (20) are amended, and a new subsection (16) is added to
 1476  that section, to read:
 1477         429.02 Definitions.—When used in this part, the term:
 1478         (11) “Extended congregate care” means acts beyond those
 1479  authorized in subsection (17) (16) that may be performed
 1480  pursuant to part I of chapter 464 by persons licensed thereunder
 1481  while carrying out their professional duties, and other
 1482  supportive services which may be specified by rule. The purpose
 1483  of such services is to enable residents to age in place in a
 1484  residential environment despite mental or physical limitations
 1485  that might otherwise disqualify them from residency in a
 1486  facility licensed under this part.
 1487         (16) “Office” has the same meaning as in s. 400.0060.
 1488         (21)(20) “Resident’s representative or designee” means a
 1489  person other than the owner, or an agent or employee of the
 1490  facility, designated in writing by the resident, if legally
 1491  competent, to receive notice of changes in the contract executed
 1492  pursuant to s. 429.24; to receive notice of and to participate
 1493  in meetings between the resident and the facility owner,
 1494  administrator, or staff concerning the rights of the resident;
 1495  to assist the resident in contacting the office ombudsman
 1496  council if the resident has a complaint against the facility; or
 1497  to bring legal action on behalf of the resident pursuant to s.
 1498  429.29.
 1499         Section 36. Paragraph (b) of subsection (3) of section
 1500  429.07, Florida Statutes, is amended to read:
 1501         429.07 License required; fee.—
 1502         (3) In addition to the requirements of s. 408.806, each
 1503  license granted by the agency must state the type of care for
 1504  which the license is granted. Licenses shall be issued for one
 1505  or more of the following categories of care: standard, extended
 1506  congregate care, limited nursing services, or limited mental
 1507  health.
 1508         (b) An extended congregate care license shall be issued to
 1509  facilities providing, directly or through contract, services
 1510  beyond those authorized in paragraph (a), including services
 1511  performed by persons licensed under part I of chapter 464 and
 1512  supportive services, as defined by rule, to persons who would
 1513  otherwise be disqualified from continued residence in a facility
 1514  licensed under this part.
 1515         1. In order for extended congregate care services to be
 1516  provided, the agency must first determine that all requirements
 1517  established in law and rule are met and must specifically
 1518  designate, on the facility’s license, that such services may be
 1519  provided and whether the designation applies to all or part of
 1520  the facility. Such designation may be made at the time of
 1521  initial licensure or relicensure, or upon request in writing by
 1522  a licensee under this part and part II of chapter 408. The
 1523  notification of approval or the denial of the request shall be
 1524  made in accordance with part II of chapter 408. Existing
 1525  facilities qualifying to provide extended congregate care
 1526  services must have maintained a standard license and may not
 1527  have been subject to administrative sanctions during the
 1528  previous 2 years, or since initial licensure if the facility has
 1529  been licensed for less than 2 years, for any of the following
 1530  reasons:
 1531         a. A class I or class II violation;
 1532         b. Three or more repeat or recurring class III violations
 1533  of identical or similar resident care standards from which a
 1534  pattern of noncompliance is found by the agency;
 1535         c. Three or more class III violations that were not
 1536  corrected in accordance with the corrective action plan approved
 1537  by the agency;
 1538         d. Violation of resident care standards which results in
 1539  requiring the facility to employ the services of a consultant
 1540  pharmacist or consultant dietitian;
 1541         e. Denial, suspension, or revocation of a license for
 1542  another facility licensed under this part in which the applicant
 1543  for an extended congregate care license has at least 25 percent
 1544  ownership interest; or
 1545         f. Imposition of a moratorium pursuant to this part or part
 1546  II of chapter 408 or initiation of injunctive proceedings.
 1547         2. A facility that is licensed to provide extended
 1548  congregate care services shall maintain a written progress
 1549  report on each person who receives services which describes the
 1550  type, amount, duration, scope, and outcome of services that are
 1551  rendered and the general status of the resident’s health. A
 1552  registered nurse, or appropriate designee, representing the
 1553  agency shall visit the facility at least quarterly to monitor
 1554  residents who are receiving extended congregate care services
 1555  and to determine whether if the facility is in compliance with
 1556  this part, part II of chapter 408, and relevant rules. One of
 1557  the visits may be in conjunction with the regular survey. The
 1558  monitoring visits may be provided through contractual
 1559  arrangements with appropriate community agencies. A registered
 1560  nurse shall serve as part of the team that inspects the
 1561  facility. The agency may waive one of the required yearly
 1562  monitoring visits for a facility that has been licensed for at
 1563  least 24 months to provide extended congregate care services,
 1564  if, during the inspection, the registered nurse determines that
 1565  extended congregate care services are being provided
 1566  appropriately, and if the facility has no class I or class II
 1567  violations and no uncorrected class III violations. The agency
 1568  must first consult with the office long-term care ombudsman
 1569  council for the area in which the facility is located to
 1570  determine whether if any complaints have been made and
 1571  substantiated about the quality of services or care. The agency
 1572  may not waive one of the required yearly monitoring visits if
 1573  complaints have been made and substantiated.
 1574         3. A facility that is licensed to provide extended
 1575  congregate care services must:
 1576         a. Demonstrate the capability to meet unanticipated
 1577  resident service needs.
 1578         b. Offer a physical environment that promotes a homelike
 1579  setting, provides for resident privacy, promotes resident
 1580  independence, and allows sufficient congregate space as defined
 1581  by rule.
 1582         c. Have sufficient staff available, taking into account the
 1583  physical plant and firesafety features of the building, to
 1584  assist with the evacuation of residents in an emergency.
 1585         d. Adopt and follow policies and procedures that maximize
 1586  resident independence, dignity, choice, and decisionmaking to
 1587  permit residents to age in place, so that moves due to changes
 1588  in functional status are minimized or avoided.
 1589         e. Allow residents or, if applicable, a resident’s
 1590  representative, designee, surrogate, guardian, or attorney in
 1591  fact to make a variety of personal choices, participate in
 1592  developing service plans, and share responsibility in
 1593  decisionmaking.
 1594         f. Implement the concept of managed risk.
 1595         g. Provide, directly or through contract, the services of a
 1596  person licensed under part I of chapter 464.
 1597         h. In addition to the training mandated in s. 429.52,
 1598  provide specialized training as defined by rule for facility
 1599  staff.
 1600         4. A facility that is licensed to provide extended
 1601  congregate care services is exempt from the criteria for
 1602  continued residency set forth in rules adopted under s. 429.41.
 1603  A licensed facility must adopt its own requirements within
 1604  guidelines for continued residency set forth by rule. However,
 1605  the facility may not serve residents who require 24-hour nursing
 1606  supervision. A licensed facility that provides extended
 1607  congregate care services must also provide each resident with a
 1608  written copy of facility policies governing admission and
 1609  retention.
 1610         5. The primary purpose of extended congregate care services
 1611  is to allow residents, as they become more impaired, the option
 1612  of remaining in a familiar setting from which they would
 1613  otherwise be disqualified for continued residency. A facility
 1614  licensed to provide extended congregate care services may also
 1615  admit an individual who exceeds the admission criteria for a
 1616  facility with a standard license, if the individual is
 1617  determined appropriate for admission to the extended congregate
 1618  care facility.
 1619         6. Before the admission of an individual to a facility
 1620  licensed to provide extended congregate care services, the
 1621  individual must undergo a medical examination as provided in s.
 1622  429.26(4) and the facility must develop a preliminary service
 1623  plan for the individual.
 1624         7. When a facility can no longer provide or arrange for
 1625  services in accordance with the resident’s service plan and
 1626  needs and the facility’s policy, the facility shall make
 1627  arrangements for relocating the person in accordance with s.
 1628  429.28(1)(k).
 1629         8. Failure to provide extended congregate care services may
 1630  result in denial of extended congregate care license renewal.
 1631         Section 37. Subsection (9) of section 429.19, Florida
 1632  Statutes, is amended to read:
 1633         429.19 Violations; imposition of administrative fines;
 1634  grounds.—
 1635         (9) The agency shall develop and disseminate an annual list
 1636  of all facilities sanctioned or fined for violations of state
 1637  standards, the number and class of violations involved, the
 1638  penalties imposed, and the current status of cases. The list
 1639  shall be disseminated, at no charge, to the Department of
 1640  Elderly Affairs, the Department of Health, the Department of
 1641  Children and Families Family Services, the Agency for Persons
 1642  with Disabilities, the area agencies on aging, the Florida
 1643  Statewide Advocacy Council, and the office state and local
 1644  ombudsman councils. The Department of Children and Families
 1645  Family Services shall disseminate the list to service providers
 1646  under contract to the department who are responsible for
 1647  referring persons to a facility for residency. The agency may
 1648  charge a fee commensurate with the cost of printing and postage
 1649  to other interested parties requesting a copy of this list. This
 1650  information may be provided electronically or through the
 1651  agency’s Internet site.
 1652         Section 38. Subsection (8) of section 429.26, Florida
 1653  Statutes, is amended to read:
 1654         429.26 Appropriateness of placements; examinations of
 1655  residents.—
 1656         (8) The Department of Children and Families Family Services
 1657  may require an examination for supplemental security income and
 1658  optional state supplementation recipients residing in facilities
 1659  at any time and shall provide the examination whenever a
 1660  resident’s condition requires it. Any facility administrator;
 1661  personnel of the agency, the department, or the Department of
 1662  Children and Families Family Services; or representative of the
 1663  Office of the State Long-Term Care Ombudsman long-term care
 1664  ombudsman council member who believes a resident needs to be
 1665  evaluated shall notify the resident’s case manager, who shall
 1666  take appropriate action. A report of the examination findings
 1667  shall be provided to the resident’s case manager and the
 1668  facility administrator to help the administrator meet his or her
 1669  responsibilities under subsection (1).
 1670         Section 39. Subsection (2) and paragraph (b) of subsection
 1671  (3) of section 429.28, Florida Statutes, are amended to read:
 1672         429.28 Resident bill of rights.—
 1673         (2) The administrator of a facility shall ensure that a
 1674  written notice of the rights, obligations, and prohibitions set
 1675  forth in this part is posted in a prominent place in each
 1676  facility and read or explained to residents who cannot read.
 1677  This notice must shall include the statewide toll-free telephone
 1678  number and e-mail address of the state ombudsman program and the
 1679  telephone number of the name, address, and telephone numbers of
 1680  the local ombudsman council and central abuse hotline and, when
 1681  applicable, the Advocacy Center for Persons with Disabilities,
 1682  Inc., and the Florida local advocacy council, where complaints
 1683  may be lodged. The facility must ensure a resident’s access to a
 1684  telephone to call the state local ombudsman program council, the
 1685  central abuse hotline, the Advocacy Center for Persons with
 1686  Disabilities, Inc., and the Florida local advocacy council.
 1687         (3)
 1688         (b) In order to determine whether the facility is
 1689  adequately protecting residents’ rights, the biennial survey
 1690  shall include private informal conversations with a sample of
 1691  residents and consultation with the state ombudsman program
 1692  council in the planning and service area in which the facility
 1693  is located to discuss residents’ experiences within the
 1694  facility.
 1695         Section 40. Section 429.34, Florida Statutes, is amended to
 1696  read:
 1697         429.34 Right of entry and inspection.—In addition to the
 1698  requirements of s. 408.811, a any duly designated officer or
 1699  employee of the department, the Department of Children and
 1700  Families Family Services, the Medicaid Fraud Control Unit of the
 1701  Office of the Attorney General, the state or local fire marshal,
 1702  or a representative member of the Office of the State Long-Term
 1703  Care Ombudsman may state or local long-term care ombudsman
 1704  council shall have the right to enter unannounced upon and into
 1705  the premises of any facility licensed under pursuant to this
 1706  part in order to determine the state of compliance with the
 1707  provisions of this part, part II of chapter 408, and applicable
 1708  rules. Data collected by the office state or local long-term
 1709  care ombudsman councils or the state or local advocacy councils
 1710  may be used by the agency in investigations involving violations
 1711  of regulatory standards.
 1712         Section 41. Subsection (2) of section 429.35, Florida
 1713  Statutes, is amended to read:
 1714         429.35 Maintenance of records; reports.—
 1715         (2) Within 60 days after the date of the biennial
 1716  inspection visit required under s. 408.811 or within 30 days
 1717  after the date of any interim visit, the agency shall forward
 1718  the results of the inspection to the office local ombudsman
 1719  council in whose planning and service area, as defined in part
 1720  II of chapter 400, the facility is located; to at least one
 1721  public library or, in the absence of a public library, the
 1722  county seat in the county in which the inspected assisted living
 1723  facility is located; and, when appropriate, to the district
 1724  Adult Services and Mental Health Program Offices.
 1725         Section 42. Subsection (6) of section 429.67, Florida
 1726  Statutes, is amended to read:
 1727         429.67 Licensure.—
 1728         (6) In addition to the requirements of s. 408.811, access
 1729  to a licensed adult family-care home must be provided at
 1730  reasonable times for the appropriate officials of the
 1731  department, the Department of Health, the Department of Children
 1732  and Families Family Services, the agency, and the State Fire
 1733  Marshal, who are responsible for the development and maintenance
 1734  of fire, health, sanitary, and safety standards, to inspect the
 1735  facility to assure compliance with these standards. In addition,
 1736  access to a licensed adult family-care home must be provided at
 1737  reasonable times to representatives of the Office of State for
 1738  the local Long-Term Care Ombudsman council.
 1739         Section 43. Subsection (2) of section 429.85, Florida
 1740  Statutes, is amended to read:
 1741         429.85 Residents’ bill of rights.—
 1742         (2) The provider shall ensure that residents and their
 1743  legal representatives are made aware of the rights, obligations,
 1744  and prohibitions set forth in this part. Residents must also be
 1745  given the statewide toll-free telephone number and e-mail
 1746  address of the state ombudsman program and the telephone number
 1747  of names, addresses, and telephone numbers of the local
 1748  ombudsman council and the central abuse hotline where they may
 1749  lodge complaints.
 1750         Section 44. Subsection (17) of section 744.444, Florida
 1751  Statutes, is amended to read:
 1752         744.444 Power of guardian without court approval.—Without
 1753  obtaining court approval, a plenary guardian of the property, or
 1754  a limited guardian of the property within the powers granted by
 1755  the order appointing the guardian or an approved annual or
 1756  amended guardianship report, may:
 1757         (17) Provide confidential information about a ward which
 1758  that is related to an investigation arising under part I of
 1759  chapter 400 to a representative of the Office of the State Long
 1760  Term Care Ombudsman local or state ombudsman council member
 1761  conducting such an investigation. Any such ombudsman shall have
 1762  a duty to maintain the confidentiality of such information.
 1763         Section 45. This act shall take effect July 1, 2014.