Florida Senate - 2015                                     SB 382
       
       
        
       By Senator Sobel
       
       
       
       
       
       33-00555-15                                            2015382__
    1                        A bill to be entitled                      
    2         An act relating to assisted living facilities;
    3         amending s. 394.4574, F.S.; providing that Medicaid
    4         managed care plans are responsible for mental health
    5         residents enrolled in Medicaid; specifying that
    6         managing entities under contract with the Department
    7         of Children and Families are responsible for mental
    8         health residents who are not enrolled in a Medicaid
    9         managed care plan; deleting a provision to conform to
   10         changes made by the act; requiring that the community
   11         living support plan be completed and provided to the
   12         administrator of a facility upon the mental health
   13         resident’s admission; requiring the community living
   14         support plan to be updated when there is a significant
   15         change to the mental health resident’s behavioral
   16         health status; requiring the case manager assigned to
   17         a mental health resident for whom the mental health
   18         services provider is responsible to keep a record of
   19         the date and time of face-to-face interactions with
   20         the resident and to make the record available to the
   21         entity responsible for inspection; requiring that the
   22         record be maintained for a specified time; requiring
   23         the responsible entity to ensure that there is
   24         adequate and consistent monitoring and enforcement of
   25         community living support plans and cooperative
   26         agreements and that concerns are reported to the
   27         appropriate regulatory oversight organization under
   28         certain circumstances; amending s. 400.0074, F.S.;
   29         requiring that an administrative assessment conducted
   30         by a local council be comprehensive in nature;
   31         requiring a local council to conduct an exit
   32         consultation with the facility administrator or
   33         administrator designee to discuss issues and concerns
   34         in areas affecting residents’ rights, health, safety,
   35         and welfare and make recommendations for any needed
   36         improvements; amending s. 400.0078, F.S.; requiring
   37         that a resident of a long-term care facility, or his
   38         or her representative, be informed that retaliatory
   39         action cannot be taken against a resident for
   40         presenting grievances or for exercising any other
   41         resident right; amending s. 429.07, F.S.; revising the
   42         requirement that an extended congregate care license
   43         be issued to certain facilities that have been
   44         licensed as assisted living facilities under certain
   45         circumstances and authorizing the issuance of such
   46         license if a specified condition is met; providing the
   47         purpose of an extended congregate care license;
   48         specifying that the initial extended congregate care
   49         license of an assisted living facility is provisional
   50         under certain circumstances; requiring a licensee to
   51         notify the Agency for Health Care Administration if it
   52         accepts a resident who qualifies for extended
   53         congregate care services; requiring the agency to
   54         inspect the facility for compliance with the
   55         requirements of an extended congregate care license;
   56         requiring the issuance of an extended congregate care
   57         license under certain circumstances; requiring the
   58         licensee to immediately suspend extended congregate
   59         care services under certain circumstances; requiring a
   60         registered nurse representing the agency to visit the
   61         facility at least twice a year, rather than quarterly,
   62         to monitor residents who are receiving extended
   63         congregate care services; authorizing the agency to
   64         waive one of the required yearly monitoring visits
   65         under certain circumstances; authorizing the agency to
   66         deny or revoke a facility’s extended congregate care
   67         license; requiring a registered nurse representing the
   68         agency to visit the facility at least annually, rather
   69         than twice a year, to monitor residents who are
   70         receiving limited nursing services; providing that
   71         such monitoring visits may be conducted in conjunction
   72         with other inspections by the agency; authorizing the
   73         agency to waive the required yearly monitoring visit
   74         for a facility that is licensed to provide limited
   75         nursing services under certain circumstances; amending
   76         s. 429.075, F.S.; requiring that an assisted living
   77         facility that serves one or more mental health
   78         residents, rather than three or more such residents,
   79         obtain a limited mental health license; amending s.
   80         429.14, F.S.; revising the circumstances under which
   81         the agency may deny, revoke, or suspend the license of
   82         an assisted living facility and impose an
   83         administrative fine; requiring the agency to deny or
   84         revoke the license of an assisted living facility
   85         under certain circumstances; requiring the agency to
   86         impose an immediate moratorium on the license of an
   87         assisted living facility under certain circumstances;
   88         prohibiting a licensee from restricting agency staff
   89         from accessing and copying certain records or
   90         conducting certain interviews; deleting a provision
   91         requiring the agency to provide a list of facilities
   92         with denied, suspended, or revoked licenses to the
   93         Department of Business and Professional Regulation;
   94         exempting a facility from the 45-day notice
   95         requirement if it is required to relocate some or all
   96         of its residents; specifying that the exemption does
   97         not exempt a facility from any deadlines for
   98         corrective action set by the agency; amending s.
   99         429.178, F.S.; conforming cross-references; amending
  100         s. 429.19, F.S.; revising the amounts and uses of
  101         administrative fines; requiring the agency to levy a
  102         fine for violations that are corrected before an
  103         inspection if noncompliance occurred within a
  104         specified period of time; deleting factors that the
  105         agency is required to consider in determining
  106         penalties and fines; amending s. 429.256, F.S.;
  107         revising the term “assistance with self-administration
  108         of medication” as it relates to the Assisted Living
  109         Facilities Act; amending s. 429.28, F.S.; providing
  110         notice requirements for informing facility residents
  111         that the name and identity of the resident and
  112         complainant in any complaint made to the State Long
  113         Term Care Ombudsman Program or a local long-term care
  114         ombudsman council is confidential and that retaliatory
  115         action may not be taken against a resident for
  116         presenting grievances or for exercising any other
  117         resident right; requiring that a facility that
  118         terminates an individual’s residency after the filing
  119         of a complaint be fined if good cause is not shown for
  120         the termination; amending s. 429.34, F.S.; requiring
  121         certain persons to report elder abuse in assisted
  122         living facilities; requiring the agency to regularly
  123         inspect each licensed assisted living facility;
  124         requiring the agency to conduct more frequent
  125         inspections under certain circumstances; requiring the
  126         licensee to pay a fee for the cost of additional
  127         inspections; requiring the agency to annually adjust
  128         the fee; amending s. 429.41, F.S.; providing that
  129         certain staffing requirements apply only to residents
  130         in continuing care facilities who are receiving
  131         relevant services; amending s. 429.52, F.S.; requiring
  132         each newly hired employee of an assisted living
  133         facility to attend a preservice orientation provided
  134         by the assisted living facility; requiring the
  135         employee and administrator to sign a statement that
  136         the employee completed the required preservice
  137         orientation and keep the signed statement in the
  138         employee’s personnel record; requiring 2 additional
  139         hours of training for assistance with medication;
  140         conforming a cross-reference; requiring the Office of
  141         Program Policy Analysis and Government Accountability
  142         to study the reliability of facility surveys and
  143         submit to the Governor and the Legislature its
  144         findings and recommendations; requiring the agency to
  145         implement a rating system for assisted living
  146         facilities by a specified date, adopt rules, and
  147         create content for the agency’s website by a specified
  148         date which provides consumers information regarding
  149         assisted living facilities; providing criteria for the
  150         content; providing appropriations; providing an
  151         effective date.
  152          
  153  Be It Enacted by the Legislature of the State of Florida:
  154  
  155         Section 1. Section 394.4574, Florida Statutes, is amended
  156  to read:
  157         394.4574 Department Responsibilities for coordination of
  158  services for a mental health resident who resides in an assisted
  159  living facility that holds a limited mental health license.—
  160         (1) As used in this section, the term “mental health
  161  resident” “mental health resident,” for purposes of this
  162  section, means an individual who receives social security
  163  disability income due to a mental disorder as determined by the
  164  Social Security Administration or receives supplemental security
  165  income due to a mental disorder as determined by the Social
  166  Security Administration and receives optional state
  167  supplementation.
  168         (2) Medicaid managed care plans are responsible for
  169  Medicaid-enrolled mental health residents, and managing entities
  170  under contract with the department are responsible for mental
  171  health residents who are not enrolled in a Medicaid health plan.
  172  A Medicaid managed care plan or a managing entity, as
  173  appropriate, shall The department must ensure that:
  174         (a) A mental health resident has been assessed by a
  175  psychiatrist, clinical psychologist, clinical social worker, or
  176  psychiatric nurse, or an individual who is supervised by one of
  177  these professionals, and determined to be appropriate to reside
  178  in an assisted living facility. The documentation must be
  179  provided to the administrator of the facility within 30 days
  180  after the mental health resident has been admitted to the
  181  facility. An evaluation completed upon discharge from a state
  182  mental hospital meets the requirements of this subsection
  183  related to appropriateness for placement as a mental health
  184  resident if it was completed within 90 days before prior to
  185  admission to the facility.
  186         (b) A cooperative agreement, as required in s. 429.075, is
  187  developed by between the mental health care services provider
  188  that serves a mental health resident and the administrator of
  189  the assisted living facility with a limited mental health
  190  license in which the mental health resident is living. Any
  191  entity that provides Medicaid prepaid health plan services shall
  192  ensure the appropriate coordination of health care services with
  193  an assisted living facility in cases where a Medicaid recipient
  194  is both a member of the entity’s prepaid health plan and a
  195  resident of the assisted living facility. If the entity is at
  196  risk for Medicaid targeted case management and behavioral health
  197  services, the entity shall inform the assisted living facility
  198  of the procedures to follow should an emergent condition arise.
  199         (c) The community living support plan, as defined in s.
  200  429.02, has been prepared by a mental health resident and his or
  201  her a mental health case manager of that resident in
  202  consultation with the administrator of the facility or the
  203  administrator’s designee. The plan must be completed and
  204  provided to the administrator of the assisted living facility
  205  with a limited mental health license in which the mental health
  206  resident lives upon the resident’s admission. The support plan
  207  and the agreement may be in one document.
  208         (d) The assisted living facility with a limited mental
  209  health license is provided with documentation that the
  210  individual meets the definition of a mental health resident.
  211         (e) The mental health services provider assigns a case
  212  manager to each mental health resident for whom the entity is
  213  responsible who lives in an assisted living facility with a
  214  limited mental health license. The case manager shall coordinate
  215  is responsible for coordinating the development of and
  216  implementation of the community living support plan defined in
  217  s. 429.02. The plan must be updated at least annually, or when
  218  there is a significant change in the resident’s behavioral
  219  health status, such as an inpatient admission or a change in
  220  medication, level of service, or residence. Each case manager
  221  shall keep a record of the date and time of any face-to-face
  222  interaction with the resident and make the record available to
  223  the responsible entity for inspection. The record must be
  224  retained for at least 2 years after the date of the most recent
  225  interaction.
  226         (f)Adequate and consistent monitoring and enforcement of
  227  community living support plans and cooperative agreements are
  228  conducted by the resident’s case manager.
  229         (g) Concerns are reported to the appropriate regulatory
  230  oversight organization if a regulated provider fails to deliver
  231  appropriate services or otherwise acts in a manner that has the
  232  potential to result in harm to the resident.
  233         (3) The Secretary of Children and Families, in consultation
  234  with the Agency for Health Care Administration, shall annually
  235  require each district administrator to develop, with community
  236  input, a detailed annual plan that demonstrates detailed plans
  237  that demonstrate how the district will ensure the provision of
  238  state-funded mental health and substance abuse treatment
  239  services to residents of assisted living facilities that hold a
  240  limited mental health license. This plan These plans must be
  241  consistent with the substance abuse and mental health district
  242  plan developed pursuant to s. 394.75 and must address case
  243  management services; access to consumer-operated drop-in
  244  centers; access to services during evenings, weekends, and
  245  holidays; supervision of the clinical needs of the residents;
  246  and access to emergency psychiatric care.
  247         Section 2. Subsection (1) of section 400.0074, Florida
  248  Statutes, is amended, and paragraph (h) is added to subsection
  249  (2) of that section, to read:
  250         400.0074 Local ombudsman council onsite administrative
  251  assessments.—
  252         (1) In addition to any specific investigation conducted
  253  pursuant to a complaint, the local council shall conduct, at
  254  least annually, an onsite administrative assessment of each
  255  nursing home, assisted living facility, and adult family-care
  256  home within its jurisdiction. This administrative assessment
  257  must be comprehensive in nature and must shall focus on factors
  258  affecting residents’ the rights, health, safety, and welfare of
  259  the residents. Each local council is encouraged to conduct a
  260  similar onsite administrative assessment of each additional
  261  long-term care facility within its jurisdiction.
  262         (2) An onsite administrative assessment conducted by a
  263  local council shall be subject to the following conditions:
  264         (h) The local council shall conduct an exit consultation
  265  with the facility administrator or administrator’s designee to
  266  discuss issues and concerns in areas affecting residents’
  267  rights, health, safety, and welfare and, if needed, make
  268  recommendations for improvement.
  269         Section 3. Subsection (2) of section 400.0078, Florida
  270  Statutes, is amended to read:
  271         400.0078 Citizen access to State Long-Term Care Ombudsman
  272  Program services.—
  273         (2) Every resident or representative of a resident shall
  274  receive, Upon admission to a long-term care facility, each
  275  resident or representative of a resident must receive
  276  information regarding the purpose of the State Long-Term Care
  277  Ombudsman Program, the statewide toll-free telephone number for
  278  receiving complaints, information that retaliatory action cannot
  279  be taken against a resident for presenting grievances or for
  280  exercising any other resident right, and other relevant
  281  information regarding how to contact the program. Each resident
  282  or his or her representative Residents or their representatives
  283  must be furnished additional copies of this information upon
  284  request.
  285         Section 4. Paragraphs (b) and (c) of subsection (3) of
  286  section 429.07, Florida Statutes, are amended to read:
  287         429.07 License required; fee.—
  288         (3) In addition to the requirements of s. 408.806, each
  289  license granted by the agency must state the type of care for
  290  which the license is granted. Licenses shall be issued for one
  291  or more of the following categories of care: standard, extended
  292  congregate care, limited nursing services, or limited mental
  293  health.
  294         (b) An extended congregate care license shall be issued to
  295  each facility that has been licensed as an assisted living
  296  facility for 2 or more years and that provides services
  297  facilities providing, directly or through contract, services
  298  beyond those authorized in paragraph (a), including services
  299  performed by persons licensed under part I of chapter 464 and
  300  supportive services, as defined by rule, to persons who would
  301  otherwise be disqualified from continued residence in a facility
  302  licensed under this part. An extended congregate care license
  303  may be issued to a facility that has a provisional extended
  304  congregate care license and meets the requirements for licensure
  305  under subparagraph 2. The primary purpose of extended congregate
  306  care services is to allow residents the option of remaining in a
  307  familiar setting from which they would otherwise be disqualified
  308  for continued residency as they become more impaired. A facility
  309  licensed to provide extended congregate care services may also
  310  admit an individual who exceeds the admission criteria for a
  311  facility with a standard license if the individual is determined
  312  appropriate for admission to the extended congregate care
  313  facility.
  314         1. In order for extended congregate care services to be
  315  provided, the agency must first determine that all requirements
  316  established in law and rule are met and must specifically
  317  designate, on the facility’s license, that such services may be
  318  provided and whether the designation applies to all or part of
  319  the facility. This Such designation may be made at the time of
  320  initial licensure or licensure renewal relicensure, or upon
  321  request in writing by a licensee under this part and part II of
  322  chapter 408. The notification of approval or the denial of the
  323  request shall be made in accordance with part II of chapter 408.
  324  Each existing facility that qualifies facilities qualifying to
  325  provide extended congregate care services must have maintained a
  326  standard license and may not have been subject to administrative
  327  sanctions during the previous 2 years, or since initial
  328  licensure if the facility has been licensed for less than 2
  329  years, for any of the following reasons:
  330         a. A class I or class II violation;
  331         b. Three or more repeat or recurring class III violations
  332  of identical or similar resident care standards from which a
  333  pattern of noncompliance is found by the agency;
  334         c. Three or more class III violations that were not
  335  corrected in accordance with the corrective action plan approved
  336  by the agency;
  337         d. Violation of resident care standards which results in
  338  requiring the facility to employ the services of a consultant
  339  pharmacist or consultant dietitian;
  340         e. Denial, suspension, or revocation of a license for
  341  another facility licensed under this part in which the applicant
  342  for an extended congregate care license has at least 25 percent
  343  ownership interest; or
  344         f. Imposition of a moratorium pursuant to this part or part
  345  II of chapter 408 or initiation of injunctive proceedings.
  346  
  347  The agency may deny or revoke a facility’s extended congregate
  348  care license if it fails to meet the criteria for an extended
  349  congregate care license as provided in this subparagraph.
  350         2.If an assisted living facility has been licensed for
  351  less than 2 years, the initial extended congregate care license
  352  must be provisional and may not exceed 6 months. Within the
  353  first 3 months after the provisional license is issued, the
  354  licensee shall notify the agency, in writing, when it admits at
  355  least one extended congregate care resident, after which an
  356  unannounced inspection shall be made to determine compliance
  357  with requirements of an extended congregate care license.
  358  Failure to admit an extended congregate care resident within the
  359  first 3 months renders the extended congregate care license
  360  void. A licensee that has a provisional extended congregate care
  361  license which demonstrates compliance with all of the
  362  requirements of an extended congregate care license during the
  363  inspection shall be issued an extended congregate care license.
  364  In addition to sanctions authorized under this part, if
  365  violations are found during the inspection and the licensee
  366  fails to demonstrate compliance with all assisted living
  367  requirements during a followup inspection, the licensee shall
  368  immediately suspend extended congregate care services, and the
  369  provisional extended congregate care license expires. The agency
  370  may extend the provisional license for not more than 1 month in
  371  order to complete a followup visit.
  372         3.2. A facility that is licensed to provide extended
  373  congregate care services shall maintain a written progress
  374  report on each person who receives services which describes the
  375  type, amount, duration, scope, and outcome of services that are
  376  rendered and the general status of the resident’s health. A
  377  registered nurse, or appropriate designee, representing the
  378  agency shall visit the facility at least twice a year quarterly
  379  to monitor residents who are receiving extended congregate care
  380  services and to determine if the facility is in compliance with
  381  this part, part II of chapter 408, and relevant rules. One of
  382  the visits may be in conjunction with the regular survey. The
  383  monitoring visits may be provided through contractual
  384  arrangements with appropriate community agencies. A registered
  385  nurse shall serve as part of the team that inspects the
  386  facility. The agency may waive one of the required yearly
  387  monitoring visits for a facility that has:
  388         a. Held an extended congregate care license for at least 24
  389  months; been licensed for at least 24 months to provide extended
  390  congregate care services, if, during the inspection, the
  391  registered nurse determines that extended congregate care
  392  services are being provided appropriately, and if the facility
  393  has
  394         b. No class I or class II violations and no uncorrected
  395  class III violations; and.
  396         c. No ombudsman council complaints that resulted in a
  397  citation for licensure The agency must first consult with the
  398  long-term care ombudsman council for the area in which the
  399  facility is located to determine if any complaints have been
  400  made and substantiated about the quality of services or care.
  401  The agency may not waive one of the required yearly monitoring
  402  visits if complaints have been made and substantiated.
  403         4.3. A facility that is licensed to provide extended
  404  congregate care services must:
  405         a. Demonstrate the capability to meet unanticipated
  406  resident service needs.
  407         b. Offer a physical environment that promotes a homelike
  408  setting, provides for resident privacy, promotes resident
  409  independence, and allows sufficient congregate space as defined
  410  by rule.
  411         c. Have sufficient staff available, taking into account the
  412  physical plant and firesafety features of the building, to
  413  assist with the evacuation of residents in an emergency.
  414         d. Adopt and follow policies and procedures that maximize
  415  resident independence, dignity, choice, and decisionmaking to
  416  permit residents to age in place, so that moves due to changes
  417  in functional status are minimized or avoided.
  418         e. Allow residents or, if applicable, a resident’s
  419  representative, designee, surrogate, guardian, or attorney in
  420  fact to make a variety of personal choices, participate in
  421  developing service plans, and share responsibility in
  422  decisionmaking.
  423         f. Implement the concept of managed risk.
  424         g. Provide, directly or through contract, the services of a
  425  person licensed under part I of chapter 464.
  426         h. In addition to the training mandated in s. 429.52,
  427  provide specialized training as defined by rule for facility
  428  staff.
  429         5.4. A facility that is licensed to provide extended
  430  congregate care services is exempt from the criteria for
  431  continued residency set forth in rules adopted under s. 429.41.
  432  A licensed facility must adopt its own requirements within
  433  guidelines for continued residency set forth by rule. However,
  434  the facility may not serve residents who require 24-hour nursing
  435  supervision. A licensed facility that provides extended
  436  congregate care services must also provide each resident with a
  437  written copy of facility policies governing admission and
  438  retention.
  439         5. The primary purpose of extended congregate care services
  440  is to allow residents, as they become more impaired, the option
  441  of remaining in a familiar setting from which they would
  442  otherwise be disqualified for continued residency. A facility
  443  licensed to provide extended congregate care services may also
  444  admit an individual who exceeds the admission criteria for a
  445  facility with a standard license, if the individual is
  446  determined appropriate for admission to the extended congregate
  447  care facility.
  448         6. Before the admission of an individual to a facility
  449  licensed to provide extended congregate care services, the
  450  individual must undergo a medical examination as provided in s.
  451  429.26(4) and the facility must develop a preliminary service
  452  plan for the individual.
  453         7. If When a facility can no longer provide or arrange for
  454  services in accordance with the resident’s service plan and
  455  needs and the facility’s policy, the facility must shall make
  456  arrangements for relocating the person in accordance with s.
  457  429.28(1)(k).
  458         8. Failure to provide extended congregate care services may
  459  result in denial of extended congregate care license renewal.
  460         (c) A limited nursing services license shall be issued to a
  461  facility that provides services beyond those authorized in
  462  paragraph (a) and as specified in this paragraph.
  463         1. In order for limited nursing services to be provided in
  464  a facility licensed under this part, the agency must first
  465  determine that all requirements established in law and rule are
  466  met and must specifically designate, on the facility’s license,
  467  that such services may be provided. This Such designation may be
  468  made at the time of initial licensure or licensure renewal
  469  relicensure, or upon request in writing by a licensee under this
  470  part and part II of chapter 408. Notification of approval or
  471  denial of such request shall be made in accordance with part II
  472  of chapter 408. An existing facility that qualifies facilities
  473  qualifying to provide limited nursing services must shall have
  474  maintained a standard license and may not have been subject to
  475  administrative sanctions that affect the health, safety, and
  476  welfare of residents for the previous 2 years or since initial
  477  licensure if the facility has been licensed for less than 2
  478  years.
  479         2. A facility Facilities that is are licensed to provide
  480  limited nursing services shall maintain a written progress
  481  report on each person who receives such nursing services. The,
  482  which report must describe describes the type, amount, duration,
  483  scope, and outcome of services that are rendered and the general
  484  status of the resident’s health. A registered nurse representing
  485  the agency shall visit the facility such facilities at least
  486  annually twice a year to monitor residents who are receiving
  487  limited nursing services and to determine if the facility is in
  488  compliance with applicable provisions of this part, part II of
  489  chapter 408, and related rules. The monitoring visits may be
  490  provided through contractual arrangements with appropriate
  491  community agencies. A registered nurse shall also serve as part
  492  of the team that inspects such facility. Visits may be in
  493  conjunction with other agency inspections. The agency may waive
  494  the required yearly monitoring visit for a facility that has:
  495         a. Had a limited nursing services license for at least 24
  496  months;
  497         b. No class I or class II violations and no uncorrected
  498  class III violations; and
  499         c. No ombudsman council complaints that resulted in a
  500  citation for licensure.
  501         3. A person who receives limited nursing services under
  502  this part must meet the admission criteria established by the
  503  agency for assisted living facilities. When a resident no longer
  504  meets the admission criteria for a facility licensed under this
  505  part, arrangements for relocating the person shall be made in
  506  accordance with s. 429.28(1)(k), unless the facility is licensed
  507  to provide extended congregate care services.
  508         Section 5. Section 429.075, Florida Statutes, is amended to
  509  read:
  510         429.075 Limited mental health license.—An assisted living
  511  facility that serves one three or more mental health residents
  512  must obtain a limited mental health license.
  513         (1) To obtain a limited mental health license, a facility
  514  must hold a standard license as an assisted living facility,
  515  must not have any current uncorrected deficiencies or
  516  violations, and must ensure that, within 6 months after
  517  receiving a limited mental health license, the facility
  518  administrator and the staff of the facility who are in direct
  519  contact with mental health residents must complete training of
  520  no less than 6 hours related to their duties. This Such
  521  designation may be made at the time of initial licensure or
  522  licensure renewal relicensure or upon request in writing by a
  523  licensee under this part and part II of chapter 408.
  524  Notification of approval or denial of such request shall be made
  525  in accordance with this part, part II of chapter 408, and
  526  applicable rules. This training must will be provided by or
  527  approved by the Department of Children and Families.
  528         (2) A facility that is Facilities licensed to provide
  529  services to mental health residents must shall provide
  530  appropriate supervision and staffing to provide for the health,
  531  safety, and welfare of such residents.
  532         (3) A facility that has a limited mental health license
  533  must:
  534         (a) Have a copy of each mental health resident’s community
  535  living support plan and the cooperative agreement with the
  536  mental health care services provider. The support plan and the
  537  agreement may be combined.
  538         (b) Have documentation that is provided by the Department
  539  of Children and Families that each mental health resident has
  540  been assessed and determined to be able to live in the community
  541  in an assisted living facility that has with a limited mental
  542  health license.
  543         (c) Make the community living support plan available for
  544  inspection by the resident, the resident’s legal guardian or,
  545  the resident’s health care surrogate, and other individuals who
  546  have a lawful basis for reviewing this document.
  547         (d) Assist the mental health resident in carrying out the
  548  activities identified in the individual’s community living
  549  support plan.
  550         (4) A facility that has with a limited mental health
  551  license may enter into a cooperative agreement with a private
  552  mental health provider. For purposes of the limited mental
  553  health license, the private mental health provider may act as
  554  the case manager.
  555         Section 6. Section 429.14, Florida Statutes, is amended to
  556  read:
  557         429.14 Administrative penalties.—
  558         (1) In addition to the requirements of part II of chapter
  559  408, the agency may deny, revoke, and suspend any license issued
  560  under this part and impose an administrative fine in the manner
  561  provided in chapter 120 against a licensee for a violation of
  562  any provision of this part, part II of chapter 408, or
  563  applicable rules, or for any of the following actions by a
  564  licensee, for the actions of any person subject to level 2
  565  background screening under s. 408.809, or for the actions of any
  566  facility staff employee:
  567         (a) An intentional or negligent act seriously affecting the
  568  health, safety, or welfare of a resident of the facility.
  569         (b) A The determination by the agency that the owner lacks
  570  the financial ability to provide continuing adequate care to
  571  residents.
  572         (c) Misappropriation or conversion of the property of a
  573  resident of the facility.
  574         (d) Failure to follow the criteria and procedures provided
  575  under part I of chapter 394 relating to the transportation,
  576  voluntary admission, and involuntary examination of a facility
  577  resident.
  578         (e) A citation for of any of the following violations
  579  deficiencies as specified in s. 429.19:
  580         1. One or more cited class I violations deficiencies.
  581         2. Three or more cited class II violations deficiencies.
  582         3. Five or more cited class III violations deficiencies
  583  that have been cited on a single survey and have not been
  584  corrected within the times specified.
  585         (f) Failure to comply with the background screening
  586  standards of this part, s. 408.809(1), or chapter 435.
  587         (g) Violation of a moratorium.
  588         (h) Failure of the license applicant, the licensee during
  589  licensure renewal relicensure, or a licensee that holds a
  590  provisional license to meet the minimum license requirements of
  591  this part, or related rules, at the time of license application
  592  or renewal.
  593         (i) An intentional or negligent life-threatening act in
  594  violation of the uniform firesafety standards for assisted
  595  living facilities or other firesafety standards which that
  596  threatens the health, safety, or welfare of a resident of a
  597  facility, as communicated to the agency by the local authority
  598  having jurisdiction or the State Fire Marshal.
  599         (j) Knowingly operating any unlicensed facility or
  600  providing without a license any service that must be licensed
  601  under this chapter or chapter 400.
  602         (k) Any act constituting a ground upon which application
  603  for a license may be denied.
  604         (2) Upon notification by the local authority having
  605  jurisdiction or by the State Fire Marshal, the agency may deny
  606  or revoke the license of an assisted living facility that fails
  607  to correct cited fire code violations that affect or threaten
  608  the health, safety, or welfare of a resident of a facility.
  609         (3) The agency may deny or revoke a license of an to any
  610  applicant or controlling interest as defined in part II of
  611  chapter 408 which has or had a 25 percent 25-percent or greater
  612  financial or ownership interest in any other facility that is
  613  licensed under this part, or in any entity licensed by this
  614  state or another state to provide health or residential care, if
  615  that which facility or entity during the 5 years before prior to
  616  the application for a license closed due to financial inability
  617  to operate; had a receiver appointed or a license denied,
  618  suspended, or revoked; was subject to a moratorium; or had an
  619  injunctive proceeding initiated against it.
  620         (4) The agency shall deny or revoke the license of an
  621  assisted living facility if any of the following apply:
  622         (a)There are two moratoria, issued pursuant to this part
  623  or part II of chapter 408, within a 2-year period which are
  624  imposed by final order.
  625         (b)The facility is cited for two or more class I
  626  violations arising from unrelated circumstances during the same
  627  survey or investigation.
  628         (c)The facility is cited for two or more class I
  629  violations arising from separate surveys or investigations
  630  within a 2-year period that has two or more class I violations
  631  that are similar or identical to violations identified by the
  632  agency during a survey, inspection, monitoring visit, or
  633  complaint investigation occurring within the previous 2 years.
  634         (5) An action taken by the agency to suspend, deny, or
  635  revoke a facility’s license under this part or part II of
  636  chapter 408, in which the agency claims that the facility owner
  637  or an employee of the facility has threatened the health,
  638  safety, or welfare of a resident of the facility, shall be heard
  639  by the Division of Administrative Hearings of the Department of
  640  Management Services within 120 days after receipt of the
  641  facility’s request for a hearing, unless that time limitation is
  642  waived by both parties. The administrative law judge shall must
  643  render a decision within 30 days after receipt of a proposed
  644  recommended order.
  645         (6) As provided under s. 408.814, the agency shall impose
  646  an immediate moratorium on an assisted living facility that
  647  fails to provide the agency access to the facility or prohibits
  648  the agency from conducting a regulatory inspection. The licensee
  649  may not restrict agency staff in accessing and copying records
  650  or in conducting confidential interviews with facility staff or
  651  any individual who receives services from the facility provide
  652  to the Division of Hotels and Restaurants of the Department of
  653  Business and Professional Regulation, on a monthly basis, a list
  654  of those assisted living facilities that have had their licenses
  655  denied, suspended, or revoked or that are involved in an
  656  appellate proceeding pursuant to s. 120.60 related to the
  657  denial, suspension, or revocation of a license.
  658         (7) Agency notification of a license suspension or
  659  revocation, or denial of a license renewal, shall be posted and
  660  visible to the public at the facility.
  661         (8) If a facility is required to relocate some or all of
  662  its residents due to agency action, that facility is exempt from
  663  the 45 days’ notice requirement imposed under s. 429.28(1)(k).
  664  This subsection does not exempt the facility from any deadline
  665  for corrective action set by the agency.
  666         Section 7. Paragraphs (a) and (b) of subsection (2) of
  667  section 429.178, Florida Statutes, are amended to read:
  668         429.178 Special care for persons with Alzheimer’s disease
  669  or other related disorders.—
  670         (2)(a) An individual who is employed by a facility that
  671  provides special care for residents who have with Alzheimer’s
  672  disease or other related disorders, and who has regular contact
  673  with such residents, must complete up to 4 hours of initial
  674  dementia-specific training developed or approved by the
  675  department. The training must shall be completed within 3 months
  676  after beginning employment and shall satisfy the core training
  677  requirements of s. 429.52(3)(g) s. 429.52(2)(g).
  678         (b) A direct caregiver who is employed by a facility that
  679  provides special care for residents who have with Alzheimer’s
  680  disease or other related disorders, and who provides direct care
  681  to such residents, must complete the required initial training
  682  and 4 additional hours of training developed or approved by the
  683  department. The training must shall be completed within 9 months
  684  after beginning employment and shall satisfy the core training
  685  requirements of s. 429.52(3)(g) s. 429.52(2)(g).
  686         Section 8. Section 429.19, Florida Statutes, is amended to
  687  read:
  688         429.19 Violations; imposition of administrative fines;
  689  grounds.—
  690         (1) In addition to the requirements of part II of chapter
  691  408, the agency shall impose an administrative fine in the
  692  manner provided in chapter 120 for the violation of any
  693  provision of this part, part II of chapter 408, and applicable
  694  rules by an assisted living facility, for the actions of any
  695  person subject to level 2 background screening under s. 408.809,
  696  for the actions of any facility employee, or for an intentional
  697  or negligent act seriously affecting the health, safety, or
  698  welfare of a resident of the facility.
  699         (2) Each violation of this part and adopted rules shall be
  700  classified according to the nature of the violation and the
  701  gravity of its probable effect on facility residents.
  702         (a) The agency shall indicate the classification on the
  703  written notice of the violation as follows:
  704         1.(a) Class “I” violations are defined in s. 408.813. The
  705  agency shall impose an administrative fine of $7,500 for each a
  706  cited class I violation in a facility that is licensed for fewer
  707  than 100 beds at the time of the in an amount not less than
  708  $5,000 and not exceeding $10,000 for each violation. The agency
  709  shall impose an administrative fine of $11,250 for each cited
  710  class I violation in a facility that is licensed for 100 or more
  711  beds at the time of the violation. If the agency has knowledge
  712  of a class I violation that occurred within 12 months before an
  713  inspection, a fine must be levied for that violation regardless
  714  of whether the noncompliance was corrected before the
  715  inspection.
  716         2.(b) Class “II” violations are defined in s. 408.813. The
  717  agency shall impose an administrative fine of $3,000 for each a
  718  cited class II violation in a facility that is licensed for
  719  fewer than 100 beds at the time of the in an amount not less
  720  than $1,000 and not exceeding $5,000 for each violation. The
  721  agency shall impose an administrative fine of $4,500 for each
  722  cited class II violation in a facility that is licensed for 100
  723  or more beds at the time of the violation.
  724         3.(c) Class “III” violations are defined in s. 408.813. The
  725  agency shall impose an administrative fine of $750 for each a
  726  cited class III violation in a facility that is licensed for
  727  fewer than 100 beds at the time of the in an amount not less
  728  than $500 and not exceeding $1,000 for each violation. The
  729  agency shall impose an administrative fine of $1,125 for each
  730  cited class III violation in a facility that is licensed for 100
  731  or more beds at the time of the violation.
  732         4.(d) Class “IV” violations are defined in s. 408.813. The
  733  agency shall impose an administrative fine of $150 for each a
  734  cited class IV violation in a facility that is licensed for
  735  fewer than 100 beds at the time of the in an amount not less
  736  than $100 and not exceeding $200 for each violation. The agency
  737  shall impose an administrative fine of $225 for each cited class
  738  IV violation in a facility that is licensed for 100 or more beds
  739  at the time of the violation.
  740         (b) Any fine imposed for a class I violation or a class II
  741  violation must be doubled if a facility was previously cited for
  742  one or more class I or class II violations during the agency’s
  743  last licensure inspection or any inspection or complaint
  744  investigation since the last licensure inspection.
  745         (c) Notwithstanding s. 408.813(2)(c) and (d) and s.
  746  408.832, a fine must be imposed for each class III or class IV
  747  violation, regardless of correction, if a facility was
  748  previously cited for one or more class III or class IV
  749  violations during the agency’s last licensure inspection or any
  750  inspection or complaint investigation since the last licensure
  751  inspection for the same regulatory violation. A fine imposed for
  752  a class III or a class IV violation must be doubled if a
  753  facility was previously cited for one or more class III or class
  754  IV violations during the agency’s last two licensure inspections
  755  for the same regulatory violation.
  756         (d) Regardless of the class of violation cited, instead of
  757  the fine amounts listed in subparagraphs (a)1.-4., the agency
  758  shall impose an administrative fine of $500 if a facility is
  759  found not to be in compliance with the background screening
  760  requirements as provided in s. 408.809.
  761         (3) For purposes of this section, in determining if a
  762  penalty is to be imposed and in fixing the amount of the fine,
  763  the agency shall consider the following factors:
  764         (a) The gravity of the violation, including the probability
  765  that death or serious physical or emotional harm to a resident
  766  will result or has resulted, the severity of the action or
  767  potential harm, and the extent to which the provisions of the
  768  applicable laws or rules were violated.
  769         (b) Actions taken by the owner or administrator to correct
  770  violations.
  771         (c) Any previous violations.
  772         (d) The financial benefit to the facility of committing or
  773  continuing the violation.
  774         (e) The licensed capacity of the facility.
  775         (3)(4) Each day of continuing violation after the date
  776  established by the agency fixed for correction termination of
  777  the violation, as ordered by the agency, constitutes an
  778  additional, separate, and distinct violation.
  779         (4)(5)An Any action taken to correct a violation shall be
  780  documented in writing by the owner or administrator of the
  781  facility and verified through followup visits by agency
  782  personnel. The agency may impose a fine and, in the case of an
  783  owner-operated facility, revoke or deny a facility’s license
  784  when a facility administrator fraudulently misrepresents action
  785  taken to correct a violation.
  786         (5)(6)A Any facility whose owner fails to apply for a
  787  change-of-ownership license in accordance with part II of
  788  chapter 408 and operates the facility under the new ownership is
  789  subject to a fine of $5,000.
  790         (6)(7) In addition to any administrative fines imposed, the
  791  agency may assess a survey fee, equal to the lesser of one half
  792  of the facility’s biennial license and bed fee or $500, to cover
  793  the cost of conducting initial complaint investigations that
  794  result in the finding of a violation that was the subject of the
  795  complaint or monitoring visits conducted under s. 429.28(3)(c)
  796  to verify the correction of the violations.
  797         (7)(8) During an inspection, the agency shall make a
  798  reasonable attempt to discuss each violation with the owner or
  799  administrator of the facility, before prior to written
  800  notification.
  801         (8)(9) The agency shall develop and disseminate an annual
  802  list of all facilities sanctioned or fined for violations of
  803  state standards, the number and class of violations involved,
  804  the penalties imposed, and the current status of cases. The list
  805  shall be disseminated, at no charge, to the Department of
  806  Elderly Affairs, the Department of Health, the Department of
  807  Children and Families, the Agency for Persons with Disabilities,
  808  the area agencies on aging, the Florida Statewide Advocacy
  809  Council, and the state and local ombudsman councils. The
  810  Department of Children and Families shall disseminate the list
  811  to service providers under contract to the department who are
  812  responsible for referring persons to a facility for residency.
  813  The agency may charge a fee commensurate with the cost of
  814  printing and postage to other interested parties requesting a
  815  copy of this list. This information may be provided
  816  electronically or through the agency’s website Internet site.
  817         Section 9. Subsection (3) and paragraph (c) of subsection
  818  (4) of section 429.256, Florida Statutes, are amended to read:
  819         429.256 Assistance with self-administration of medication.—
  820         (3) Assistance with self-administration of medication
  821  includes:
  822         (a) Taking the medication, in its previously dispensed,
  823  properly labeled container, including an insulin syringe that is
  824  prefilled with the proper dosage by a pharmacist and an insulin
  825  pen that is prefilled by the manufacturer, from where it is
  826  stored, and bringing it to the resident.
  827         (b) In the presence of the resident, reading the label,
  828  opening the container, removing a prescribed amount of
  829  medication from the container, and closing the container.
  830         (c) Placing an oral dosage in the resident’s hand or
  831  placing the dosage in another container and helping the resident
  832  by lifting the container to his or her mouth.
  833         (d) Applying topical medications.
  834         (e) Returning the medication container to proper storage.
  835         (f) Keeping a record of when a resident receives assistance
  836  with self-administration under this section.
  837         (g) Assisting with the use of a nebulizer, including
  838  removing the cap of a nebulizer, opening the unit dose of
  839  nebulizer solution, and pouring the prescribed premeasured dose
  840  of medication into the dispensing cup of the nebulizer.
  841         (h) Using a glucometer to perform blood-glucose level
  842  checks.
  843         (i) Assisting with putting on and taking off antiembolism
  844  stockings.
  845         (j) Assisting with applying and removing an oxygen cannula,
  846  but not with titrating the prescribed oxygen settings.
  847         (k) Assisting with the use of a continuous positive airway
  848  pressure (CPAP) device, but not with titrating the prescribed
  849  setting of the device.
  850         (l) Assisting with measuring vital signs.
  851         (m) Assisting with colostomy bags.
  852         (4) Assistance with self-administration does not include:
  853         (c) Administration of medications through intermittent
  854  positive pressure breathing machines or a nebulizer.
  855         Section 10. Subsections (2), (5), and (6) of section
  856  429.28, Florida Statutes, are amended to read:
  857         429.28 Resident bill of rights.—
  858         (2) The administrator of a facility shall ensure that a
  859  written notice of the rights, obligations, and prohibitions set
  860  forth in this part is posted in a prominent place in each
  861  facility and read or explained to residents who cannot read. The
  862  This notice must shall include the name, address, and telephone
  863  numbers of the local ombudsman council, the and central abuse
  864  hotline, and, if when applicable, Disability Rights Florida the
  865  Advocacy Center for Persons with Disabilities, Inc., and the
  866  Florida local advocacy council, where complaints may be lodged.
  867  The notice must state that a complaint made to the Office of
  868  State Long-Term Care Ombudsman or a local long-term care
  869  ombudsman council, the names and identities of the residents
  870  involved in the complaint, and the identity of complainants are
  871  kept confidential pursuant to s. 400.0077 and that retaliatory
  872  action cannot be taken against a resident for presenting
  873  grievances or for exercising any other resident right. The
  874  facility must ensure a resident’s access to a telephone to call
  875  the local ombudsman council, central abuse hotline, and
  876  Disability Rights Florida Advocacy Center for Persons with
  877  Disabilities, Inc., and the Florida local advocacy council.
  878         (5) A No facility or employee of a facility may not serve
  879  notice upon a resident to leave the premises or take any other
  880  retaliatory action against any person who:
  881         (a) Exercises any right set forth in this section.
  882         (b) Appears as a witness in any hearing, inside or outside
  883  the facility.
  884         (c) Files a civil action alleging a violation of the
  885  provisions of this part or notifies a state attorney or the
  886  Attorney General of a possible violation of such provisions.
  887         (6) A Any facility that which terminates the residency of
  888  an individual who participated in activities specified in
  889  subsection (5) must shall show good cause in a court of
  890  competent jurisdiction. If good cause is not shown, the agency
  891  shall impose a fine of $2,500 in addition to any other penalty
  892  assessed against the facility.
  893         Section 11. Section 429.34, Florida Statutes, is amended to
  894  read:
  895         429.34 Right of entry and inspection.—
  896         (1) In addition to the requirements of s. 408.811, any duly
  897  designated officer or employee of the department, the Department
  898  of Children and Families, the Medicaid Fraud Control Unit of the
  899  Office of the Attorney General, the state or local fire marshal,
  900  or a member of the state or local long-term care ombudsman
  901  council has shall have the right to enter unannounced upon and
  902  into the premises of any facility licensed pursuant to this part
  903  in order to determine the state of compliance with the
  904  provisions of this part, part II of chapter 408, and applicable
  905  rules. Data collected by the state or local long-term care
  906  ombudsman councils or the state or local advocacy councils may
  907  be used by the agency in investigations involving violations of
  908  regulatory standards. A person specified in this section who
  909  knows or has reasonable cause to suspect that a vulnerable adult
  910  has been or is being abused, neglected, or exploited shall
  911  immediately report such knowledge or suspicion to the central
  912  abuse hotline pursuant to chapter 415.
  913         (2) The agency shall inspect each licensed assisted living
  914  facility at least once every 24 months to determine compliance
  915  with this chapter and related rules. If an assisted living
  916  facility is cited for one or more class I violations or two or
  917  more class II violations arising from separate surveys within a
  918  60-day period or due to unrelated circumstances during the same
  919  survey, the agency must conduct an additional licensure
  920  inspection within 6 months. In addition to any fine imposed on
  921  the facility under s. 429.19, the licensee shall pay a fee for
  922  the cost of the additional inspection equivalent to the standard
  923  assisted living facility license and per-bed fees, without
  924  exception for beds designated for recipients of optional state
  925  supplementation. The agency shall adjust the fee in accordance
  926  with s. 408.805.
  927         Section 12. Subsection (2) of section 429.41, Florida
  928  Statutes, is amended to read:
  929         429.41 Rules establishing standards.—
  930         (2) In adopting any rules pursuant to this part, the
  931  department, in conjunction with the agency, shall make distinct
  932  standards for facilities based upon facility size; the types of
  933  care provided; the physical and mental capabilities and needs of
  934  residents; the type, frequency, and amount of services and care
  935  offered; and the staffing characteristics of the facility. Rules
  936  developed pursuant to this section may shall not restrict the
  937  use of shared staffing and shared programming in facilities that
  938  are part of retirement communities that provide multiple levels
  939  of care and otherwise meet the requirements of law and rule. If
  940  a continuing care facility licensed under chapter 651 or a
  941  retirement community offering multiple levels of care obtains a
  942  license pursuant to this chapter for a building or part of a
  943  building designated for independent living, staffing
  944  requirements established in rule apply only to residents who
  945  receive personal services, limited nursing services, or extended
  946  congregate care services under this part. Such facilities shall
  947  retain a log listing the names and unit number for residents
  948  receiving these services. The log must be available to surveyors
  949  upon request. Except for uniform firesafety standards, the
  950  department shall adopt by rule separate and distinct standards
  951  for facilities with 16 or fewer beds and for facilities with 17
  952  or more beds. The standards for facilities with 16 or fewer beds
  953  must shall be appropriate for a noninstitutional residential
  954  environment; however, provided that the structure may not be is
  955  no more than two stories in height and all persons who cannot
  956  exit the facility unassisted in an emergency must reside on the
  957  first floor. The department, in conjunction with the agency, may
  958  make other distinctions among types of facilities as necessary
  959  to enforce the provisions of this part. Where appropriate, the
  960  agency shall offer alternate solutions for complying with
  961  established standards, based on distinctions made by the
  962  department and the agency relative to the physical
  963  characteristics of facilities and the types of care offered
  964  therein.
  965         Section 13. Present subsections (1) through (11) of section
  966  429.52, Florida Statutes, are redesignated as subsections (2)
  967  through (12), respectively, a new subsection (1) is added to
  968  that section, and present subsections (5) and (9) of that
  969  section are amended, to read:
  970         429.52 Staff training and educational programs; core
  971  educational requirement.—
  972         (1) Effective October 1, 2015, each new assisted living
  973  facility employee who has not previously completed core training
  974  must attend a preservice orientation provided by the facility
  975  before interacting with residents. The preservice orientation
  976  must be at least 2 hours in duration and cover topics that help
  977  the employee provide responsible care and respond to the needs
  978  of facility residents. Upon completion, the employee and the
  979  administrator of the facility must sign a statement that the
  980  employee completed the required preservice orientation. The
  981  facility must keep the signed statement in the employee’s
  982  personnel record.
  983         (6)(5) Staff involved with the management of medications
  984  and assisting with the self-administration of medications under
  985  s. 429.256 must complete a minimum of 6 4 additional hours of
  986  training provided by a registered nurse, licensed pharmacist, or
  987  department staff. The department shall establish by rule the
  988  minimum requirements of this additional training.
  989         (10)(9) The training required by this section other than
  990  the preservice orientation must shall be conducted by persons
  991  registered with the department as having the requisite
  992  experience and credentials to conduct the training. A person
  993  seeking to register as a trainer must provide the department
  994  with proof of completion of the minimum core training education
  995  requirements, successful passage of the competency test
  996  established under this section, and proof of compliance with the
  997  continuing education requirement in subsection (5)(4).
  998         Section 14. The Legislature finds that consistent
  999  regulation of assisted living facilities benefits residents and
 1000  operators of such facilities. To determine whether surveys are
 1001  consistent between surveys and surveyors, the Office of Program
 1002  Policy Analysis and Government Accountability (OPPAGA) shall
 1003  conduct a study of intersurveyor reliability for assisted living
 1004  facilities. By November 1, 2015, OPPAGA shall report its
 1005  findings to the Governor, the President of the Senate, and the
 1006  Speaker of the House of Representatives and make any
 1007  recommendations for improving intersurveyor reliability.
 1008         Section 15. The Legislature finds that consumers need
 1009  additional information on the quality of care and service in
 1010  assisted living facilities in order to select the best facility
 1011  for themselves or their loved ones. Therefore, the Agency for
 1012  Health Care Administration shall:
 1013         (1)Implement a rating system for assisted living
 1014  facilities by March 1, 2016. The agency shall adopt rules to
 1015  administer this subsection.
 1016         (2) By November 1, 2015, create content that is easily
 1017  accessible through the front page of the agency’s website. At a
 1018  minimum, the content must include:
 1019         (a)Information on each licensed assisted living facility,
 1020  including, but not limited to:
 1021         1.The name and address of the facility.
 1022         2.The number and type of licensed beds in the facility.
 1023         3.The types of licenses held by the facility.
 1024         4.The facility’s license expiration date and status.
 1025         5.Other relevant information that the agency currently
 1026  collects.
 1027         (b) A list of the facility’s violations, including, for
 1028  each violation:
 1029         1. A summary of the violation which is presented in a
 1030  manner understandable by the general public;
 1031         2. Any sanctions imposed by final order; and
 1032         3. The date the corrective action was confirmed by the
 1033  agency.
 1034         (c) Links to inspection reports that the agency has on
 1035  file.
 1036         (d)A monitored comment page, maintained by the agency,
 1037  which allows members of the public to anonymously comment on
 1038  assisted living facilities that are licensed to operate in this
 1039  state. This comment page must, at a minimum, allow members of
 1040  the public to post comments on their experiences with, or
 1041  observations of, an assisted living facility and to review other
 1042  people’s comments. Comments posted to the agency’s comment page
 1043  may not contain profanity and are intended to provide meaningful
 1044  feedback about the assisted living facility. The agency shall
 1045  review comments for profane content before the comments are
 1046  posted to the page. A controlling interest, as defined in s.
 1047  408.803, Florida Statutes, in an assisted living facility, or an
 1048  employee or owner of an assisted living facility, is prohibited
 1049  from posting comments on the page, except that a controlling
 1050  interest, employee, or owner may respond to comments on the
 1051  page. The agency shall ensure that such responses are identified
 1052  as being those of a representative of the facility.
 1053         Section 16. For the 2015-2016 fiscal year, the sums of
 1054  $156,943 in recurring funds and $7,546 in nonrecurring funds are
 1055  appropriated from the Health Care Trust Fund and two full-time
 1056  equivalent senior attorney positions with associated salary rate
 1057  of 103,652 are authorized in the Agency for Health Care
 1058  Administration for the purpose of implementing the regulatory
 1059  provisions of this act.
 1060         Section 17. For the 2015-2016 fiscal year, for the purpose
 1061  of implementing and maintaining the public information website
 1062  enhancements provided under this act:
 1063         (1) The sums of $72,435 in recurring funds and $3,773 in
 1064  nonrecurring funds are appropriated from the Health Care Trust
 1065  Fund and one full-time equivalent health services and facilities
 1066  consultant position with associated salary rate of 46,560 is
 1067  authorized in the Agency for Health Care Administration;
 1068         (2) The sums of $30,000 in recurring funds and $15,000 in
 1069  nonrecurring funds are appropriated from the Health Care Trust
 1070  Fund to the Agency for Health Care Administration for software
 1071  purchase, installation, and maintenance services; and
 1072         (3) The sums of $2,474 in recurring funds and $82,806 in
 1073  nonrecurring funds are appropriated from the Health Care Trust
 1074  Fund to the Agency for Health Care Administration for contracted
 1075  services.
 1076         Section 18. This act shall take effect July 1, 2015.