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 council” has 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.