ENROLLED
       2015 Legislature                   CS for SB 7018, 1st Engrossed
       
       
       
       
       
       
                                                             20157018er
    1  
    2         An act relating to the state ombudsman program;
    3         amending s. 400.0060, F.S.; revising and defining
    4         terms; 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 State Long-Term Care Ombudsman Program;
    9         amending s. 400.0063, F.S.; deleting references to
   10         ombudsman councils and the Office of the State Long
   11         Term Care Ombudsman and replacing them with the State
   12         Long-Term Care Ombudsman Program; amending s.
   13         400.0065, F.S.; revising the duties and authority of
   14         the state ombudsman; requiring the state ombudsman to
   15         submit an annual report to the Governor, the
   16         Legislature, and specified agencies and entities;
   17         amending s. 400.0067, F.S.; revising duties and
   18         membership of the State Long-Term Care Ombudsman
   19         Council; amending s. 400.0069, F.S.; requiring the
   20         state ombudsman to designate and direct program
   21         districts; requiring each district to conduct
   22         quarterly public meetings; providing duties of
   23         representatives of the program in the districts;
   24         revising the appointments of and qualifications for
   25         district ombudsmen; prohibiting certain individuals
   26         from serving as ombudsmen; amending s. 400.0070, F.S.;
   27         providing conditions under which a representative of
   28         the program could be found to have a conflict of
   29         interest; requiring the Department of Elderly Affairs,
   30         in 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, 400.162, 400.19, 400.191, and 400.23, F.S.;
   59         conforming provisions to changes made by the act;
   60         amending s. 400.235, F.S.; conforming provisions to
   61         changes made by the act; revising the additional
   62         criteria for recognition as a Gold Seal Program
   63         facility; amending ss. 415.102, 415.1034, 415.104,
   64         415.1055, 415.106, 415.107, 429.02, 429.19, 429.26,
   65         429.28, 429.34, 429.35, 429.67, and 429.85, F.S.;
   66         conforming provisions to changes made by the act;
   67         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 Long-Term Care Ombudsman
   86  Program. A district may have one or more local councils.
   87         (5)(4) “Local council” means a local long-term care
   88  ombudsman council designated by the ombudsman pursuant to s.
   89  400.0069. Local councils are also known as district long-term
   90  care ombudsman councils or district councils.
   91         (6)(5) “Long-term care facility” means a nursing home
   92  facility, assisted living facility, adult family-care home,
   93  board and care facility, or any other similar residential adult
   94  care facility.
   95         (7)(6) “Office” means the Office of the State Long-Term
   96  Care Ombudsman Program created by s. 400.0063.
   97         (8)(7) “Ombudsman” means an individual who has been
   98  certified by the state ombudsman as meeting the requirements of
   99  ss. 400.0069, 400.0070, and 400.0091 the individual appointed by
  100  the Secretary of Elderly Affairs to head the Office of State
  101  Long-Term Care Ombudsman.
  102         (9) “Representative of the State Long-Term Care Ombudsman
  103  Program” means the state ombudsman, an employee of the state or
  104  district office certified as an ombudsman or an individual
  105  certified as an ombudsman serving on the state or a local
  106  council.
  107         (10)(8) “Resident” means an individual 18 60 years of age
  108  or older who resides in a long-term care facility.
  109         (11)(9) “Secretary” means the Secretary of Elderly Affairs.
  110         (12)(10) “State council” means the State Long-Term Care
  111  Ombudsman Council created by s. 400.0067.
  112         (13) “State ombudsman” means the State Long-Term Care
  113  Ombudsman, who is the individual appointed by the Secretary of
  114  Elderly Affairs to head the State Long-Term Care Ombudsman
  115  Program.
  116         (14) “State ombudsman program” means the State Long-Term
  117  Care Ombudsman Program operating under the direction of the
  118  State Long-Term Care Ombudsman.
  119         Section 2. Section 400.0061, Florida Statutes, is amended
  120  to read:
  121         400.0061 Legislative findings and intent; long-term care
  122  facilities.—
  123         (1) The Legislature finds that conditions in long-term care
  124  facilities in this state are such that the rights, health,
  125  safety, and welfare of residents are not fully ensured by rules
  126  of the Department of Elderly Affairs or the Agency for Health
  127  Care Administration or by the good faith of owners or operators
  128  of long-term care facilities. Furthermore, there is a need for a
  129  formal mechanism whereby a long-term care facility resident, a
  130  representative of a long-term care facility resident, or any
  131  other concerned citizen may make a complaint against the
  132  facility or its employees, or against other persons who are in a
  133  position to restrict, interfere with, or threaten the rights,
  134  health, safety, or welfare of a long-term care facility
  135  resident. The Legislature finds that concerned citizens are
  136  often more effective advocates for the rights of others than
  137  governmental agencies. The Legislature further finds that in
  138  order to be eligible to receive an allotment of funds authorized
  139  and appropriated under the federal Older Americans Act, the
  140  state must establish and operate an Office of State Long-Term
  141  Care Ombudsman, to be headed by the State Long-Term Care
  142  Ombudsman, and carry out a long-term care ombudsman program.
  143         (2) It is the intent of the Legislature, therefore, to use
  144  utilize voluntary citizen ombudsman councils under the
  145  leadership of the State Long-Term Care Ombudsman ombudsman, and,
  146  through them, to operate a state an ombudsman program, which
  147  shall, without interference by any executive agency, undertake
  148  to discover, investigate, and determine the presence of
  149  conditions or individuals that which constitute a threat to the
  150  rights, health, safety, or welfare of the residents of long-term
  151  care facilities. To ensure that the effectiveness and efficiency
  152  of such investigations are not impeded by advance notice or
  153  delay, the Legislature intends that the representatives of the
  154  State Long-Term Care Ombudsman Program ombudsman and ombudsman
  155  councils and their designated representatives not be required to
  156  obtain warrants in order to enter into or conduct investigations
  157  or onsite administrative assessments of long-term care
  158  facilities. It is the further intent of the Legislature that the
  159  environment in long-term care facilities be conducive to the
  160  dignity and independence of residents and that investigations by
  161  representatives of the State Long-Term Care Ombudsman Program
  162  ombudsman councils shall further the enforcement of laws, rules,
  163  and regulations that safeguard the health, safety, and welfare
  164  of residents.
  165         Section 3. Section 400.0063, Florida Statutes, is amended
  166  to read:
  167         400.0063 Establishment of the Office of State Long-Term
  168  Care Ombudsman Program; designation of ombudsman and legal
  169  advocate.—
  170         (1) There is created the an Office of State Long-Term Care
  171  Ombudsman Program in the Department of Elderly Affairs.
  172         (2)(a) The Office of State Long-Term Care Ombudsman Program
  173  shall be headed by the State Long-Term Care Ombudsman, who shall
  174  serve on a full-time basis and shall personally, or through
  175  representatives of the program office, carry out its the
  176  purposes and functions of the office in accordance with state
  177  and federal law.
  178         (b) The state ombudsman shall be appointed by and shall
  179  serve at the pleasure of the Secretary of Elderly Affairs. The
  180  secretary shall appoint a person who has expertise and
  181  experience in the fields of long-term care and advocacy to serve
  182  as state ombudsman.
  183         (3)(a) There is created in the office the position of legal
  184  advocate, who shall be selected by and serve at the pleasure of
  185  the state ombudsman and shall be a member in good standing of
  186  The Florida Bar.
  187         (b) The duties of the legal advocate shall include, but not
  188  be limited to:
  189         1. Assisting the state ombudsman in carrying out the duties
  190  of the office with respect to the abuse, neglect, exploitation
  191  or violation of rights of residents of long-term care
  192  facilities.
  193         2. Assisting the representatives of the State Long-Term
  194  Care Ombudsman Program state and local councils in carrying out
  195  their responsibilities under this part.
  196         3. Pursuing administrative, legal, and other appropriate
  197  remedies on behalf of residents.
  198         4. Serving as legal counsel to the representatives of the
  199  State Long-Term Care Ombudsman Program in state and local
  200  councils, or individual members thereof, against whom any suit
  201  or other legal action that is initiated in connection with the
  202  performance of the official duties of the representatives of the
  203  State Long-Term Care Ombudsman Program councils or an individual
  204  member.
  205         Section 4. Section 400.0065, Florida Statutes, is amended
  206  to read:
  207         400.0065 State Long-Term Care Ombudsman Program; duties and
  208  responsibilities.—
  209         (1) The purpose of the Office of State Long-Term Care
  210  Ombudsman Program is shall be to:
  211         (a) Identify, investigate, and resolve complaints made by
  212  or on behalf of residents of long-term care facilities relating
  213  to actions or omissions by providers or representatives of
  214  providers of long-term care services, other public or private
  215  agencies, guardians, or representative payees that may adversely
  216  affect the health, safety, welfare, or rights of the residents.
  217         (b) Provide services that assist in protecting the health,
  218  safety, welfare, and rights of residents.
  219         (c) Inform residents, their representatives, and other
  220  citizens about obtaining the services of the State Long-Term
  221  Care Ombudsman Program and its representatives.
  222         (d) Ensure that residents have regular and timely access to
  223  the services provided through the State Long-Term Care Program
  224  office and that residents and complainants receive timely
  225  responses from representatives of the State Long-Term Care
  226  Program office to their complaints.
  227         (e) Represent the interests of residents before
  228  governmental agencies and seek administrative, legal, and other
  229  remedies to protect the health, safety, welfare, and rights of
  230  the residents.
  231         (f) Administer the state and local councils.
  232         (g) Analyze, comment on, and monitor the development and
  233  implementation of federal, state, and local laws, rules, and
  234  regulations, and other governmental policies and actions, that
  235  pertain to the health, safety, welfare, and rights of the
  236  residents, with respect to the adequacy of long-term care
  237  facilities and services in the state, and recommend any changes
  238  in such laws, rules, regulations, policies, and actions as the
  239  office determines to be appropriate and necessary.
  240         (h) Provide technical support for the development of
  241  resident and family councils to protect the well-being and
  242  rights of residents.
  243         (2) The State Long-Term Care Ombudsman has shall have the
  244  duty and authority to:
  245         (a) Establish and coordinate districts and local councils
  246  throughout the state.
  247         (b) Perform the duties specified in state and federal law,
  248  rules, and regulations.
  249         (c) Within the limits of appropriated federal and state
  250  funding, employ such personnel as are necessary to perform
  251  adequately the functions of the office and provide or contract
  252  for legal services to assist the representatives of the State
  253  Long-Term Care Ombudsman Program state and local councils in the
  254  performance of their duties. Staff positions established for the
  255  purpose of coordinating the activities of each local council and
  256  assisting its members may be filled by the ombudsman after
  257  approval by the secretary. Notwithstanding any other provision
  258  of this part, upon certification by the ombudsman that the staff
  259  member hired to fill any such position has completed the initial
  260  training required under s. 400.0091, such person shall be
  261  considered a representative of the State Long-Term Care
  262  Ombudsman Program for purposes of this part.
  263         (d) Contract for services necessary to carry out the
  264  activities of the office.
  265         (e) Apply for, receive, and accept grants, gifts, or other
  266  payments, including, but not limited to, real property, personal
  267  property, and services from a governmental entity or other
  268  public or private entity or person, and make arrangements for
  269  the use of such grants, gifts, or payments.
  270         (f) Coordinate, to the greatest extent possible, state and
  271  local ombudsman services with the protection and advocacy
  272  systems for individuals with developmental disabilities and
  273  mental illnesses and with legal assistance programs for the poor
  274  through adoption of memoranda of understanding and other means.
  275         (g) Enter into a cooperative agreement with the Statewide
  276  Advocacy Council for the purpose of coordinating and avoiding
  277  duplication of advocacy services provided to residents.
  278         (g)(h) Enter into a cooperative agreement with the Medicaid
  279  Fraud Division as prescribed under s. 731(e)(2)(B) of the Older
  280  Americans Act.
  281         (h)(i) Prepare an annual report describing the activities
  282  carried out by the office, the state council, the districts and
  283  the local councils in the year for which the report is prepared.
  284  The state ombudsman shall submit the report to the secretary,
  285  the United States Assistant Secretary for Aging, the Governor,
  286  the President of the Senate, the Speaker of the House of
  287  Representatives, the Secretary of Children and Families, and the
  288  Secretary of the Agency for Health Care Administration at least
  289  30 days before the convening of the regular session of the
  290  Legislature. The secretary shall in turn submit the report to
  291  the United States Assistant Secretary for Aging, the Governor,
  292  the President of the Senate, the Speaker of the House of
  293  Representatives, the Secretary of Children and Families, and the
  294  Secretary of Health Care Administration. The report must shall,
  295  at a minimum:
  296         1. Contain and analyze data collected concerning complaints
  297  about and conditions in long-term care facilities and the
  298  disposition of such complaints.
  299         2. Evaluate the problems experienced by residents.
  300         3. Analyze the successes of the State Long-Term Care
  301  Ombudsman Program ombudsman program during the preceding year,
  302  including an assessment of how successfully the program has
  303  carried out its responsibilities under the Older Americans Act.
  304         4. Provide recommendations for policy, regulatory, and
  305  statutory changes designed to solve identified problems; resolve
  306  residents’ complaints; improve residents’ lives and quality of
  307  care; protect residents’ rights, health, safety, and welfare;
  308  and remove any barriers to the optimal operation of the State
  309  Long-Term Care Ombudsman Program.
  310         5. Contain recommendations from the State Long-Term Care
  311  Ombudsman Council regarding program functions and activities and
  312  recommendations for policy, regulatory, and statutory changes
  313  designed to protect residents’ rights, health, safety, and
  314  welfare.
  315         6. Contain any relevant recommendations from the
  316  representatives of the State Long-Term Care Ombudsman Program
  317  local councils regarding program functions and activities.
  318         Section 5. Section 400.0067, Florida Statutes, is amended
  319  to read:
  320         400.0067 State Long-Term Care Ombudsman Council; duties;
  321  membership.—
  322         (1) There is created within the Office of State Long-Term
  323  Care Ombudsman Program, the State Long-Term Care Ombudsman
  324  Council.
  325         (2) The State Long-Term Care Ombudsman Council shall:
  326         (a) Serve as an advisory body to assist the state ombudsman
  327  in reaching a consensus among districts and local councils on
  328  issues affecting residents and impacting the optimal operation
  329  of the program.
  330         (b) Serve as an appellate body in receiving from the
  331  districts or local councils complaints not resolved at the
  332  district or local level. Any individual member or members of the
  333  state council may enter any long-term care facility involved in
  334  an appeal, pursuant to the conditions specified in s.
  335  400.0074(2).
  336         (c) Assist the ombudsman to discover, investigate, and
  337  determine the existence of abuse or neglect in any long-term
  338  care facility, and work with the adult protective services
  339  program as required in ss. 415.101-415.113.
  340         (d) Assist the ombudsman in eliciting, receiving,
  341  responding to, and resolving complaints made by or on behalf of
  342  residents.
  343         (e) Elicit and coordinate state, district, local, and
  344  voluntary organizational assistance for the purpose of improving
  345  the care received by residents.
  346         (f) Assist the state ombudsman in preparing the annual
  347  report described in s. 400.0065.
  348         (3) The State Long-Term Care Ombudsman Council consists
  349  shall be composed of one active certified ombudsman from each
  350  local council in a district member elected by each local council
  351  plus three at-large members appointed by the Governor.
  352         (a) Each local council in a district must select shall
  353  elect by majority vote a representative of its choice to serve
  354  from among the council members to represent the interests of the
  355  local council on the state council. A local council chair may
  356  not serve as the representative of the local council on the
  357  state council.
  358         (b)1. The state ombudsman secretary, after consulting with
  359  the ombudsman, shall submit to the secretary Governor a list of
  360  individuals persons recommended for appointment to the at-large
  361  positions on the state council. The list may shall not include
  362  the name of any individual person who is currently serving in a
  363  district on a local council.
  364         2. The secretary Governor shall appoint three at-large
  365  members chosen from the list.
  366         3. If the Governor does not appoint an at-large member to
  367  fill a vacant position within 60 days after the list is
  368  submitted, the secretary, after consulting with the ombudsman,
  369  shall appoint an at-large member to fill that vacant position.
  370         (4)(a)(c)1. All State council members shall serve 3-year
  371  terms.
  372         2. A member of the state council may not serve more than
  373  two consecutive terms.
  374         3. A local council may recommend replacement removal of its
  375  selected elected representative from the state council by a
  376  majority vote. If the council votes to replace remove its
  377  representative, the local council chair shall immediately notify
  378  the state ombudsman. The secretary shall advise the Governor of
  379  the local council’s vote upon receiving notice from the
  380  ombudsman.
  381         4. The position of any member missing three state council
  382  meetings within a 1-year period without cause may be declared
  383  vacant by the state ombudsman. The findings of the state
  384  ombudsman regarding cause shall be final and binding.
  385         (b)5. Any vacancy on the state council shall be filled in
  386  the same manner as the original appointment.
  387         (c)(d)1. The state council shall elect a chair to serve for
  388  a term of 1 year. A chair may not serve more than two
  389  consecutive terms.
  390         2. The chair shall select a vice chair from among the
  391  members. The vice chair shall preside over the state council in
  392  the absence of the chair.
  393         3. The chair may create additional executive positions as
  394  necessary to carry out the duties of the state council. Any
  395  person appointed to an executive position shall serve at the
  396  pleasure of the chair, and his or her term shall expire on the
  397  same day as the term of the chair.
  398         4. A chair may be immediately removed from office before
  399  prior to the expiration of his or her term by a vote of two
  400  thirds of all state council members present at any meeting at
  401  which a quorum is present. If a chair is removed from office
  402  before prior to the expiration of his or her term, a replacement
  403  chair shall be chosen during the same meeting in the same manner
  404  as described in this paragraph, and the term of the replacement
  405  chair shall begin immediately. The replacement chair shall serve
  406  for the remainder of the term and is eligible to serve two
  407  subsequent consecutive terms.
  408         (d)(e)1. The state council shall meet upon the call of the
  409  chair or upon the call of the state ombudsman. The state council
  410  shall meet at least quarterly but may meet more frequently as
  411  needed.
  412         2. A quorum shall be considered present if more than 50
  413  percent of all active state council members are in attendance at
  414  the same meeting.
  415         3. The state council may not vote on or otherwise make any
  416  decisions resulting in a recommendation that will directly
  417  impact the state council, the district, or any local council,
  418  outside of a publicly noticed meeting at which a quorum is
  419  present.
  420         (e)(f) Members may not shall receive no compensation for
  421  attendance at state council meetings but shall, with approval
  422  from the state ombudsman, be reimbursed for per diem and travel
  423  expenses as provided in s. 112.061.
  424         Section 6. Section 400.0069, Florida Statutes, is amended
  425  to read:
  426         400.0069 Long-term care ombudsman districts; local long
  427  term care ombudsman councils; duties; appointment membership.—
  428         (1)(a) The state ombudsman shall designate districts and
  429  each district shall designate local long-term care ombudsman
  430  councils to carry out the duties of the State Long-Term Care
  431  Ombudsman Program within local communities. Each district local
  432  council shall function under the direction of the state
  433  ombudsman.
  434         (b) The state ombudsman shall ensure that there is at least
  435  one employee of the department certified as a long-term care
  436  ombudsman and a least one local council operating in each
  437  district of the department’s planning and service areas. The
  438  state ombudsman may create additional local councils as
  439  necessary to ensure that residents throughout the state have
  440  adequate access to State Long-Term Care Ombudsman Program
  441  services. The ombudsman, after approval from the secretary,
  442  shall designate the jurisdictional boundaries of each local
  443  council.
  444         (c) Each district shall convene a public meeting at least
  445  quarterly.
  446         (2) The duties of the representatives of the State Long
  447  Term Care Ombudsman Program local councils are to:
  448         (a) Provide services to assist in Serve as a third-party
  449  mechanism for protecting the health, safety, welfare, and civil
  450  and human rights of residents.
  451         (b) Discover, investigate, and determine the existence of
  452  abuse, or neglect, or exploitation in any long-term care
  453  facility and to use the procedures provided for in ss. 415.101
  454  415.113 when applicable.
  455         (c) Identify Elicit, receive, investigate, respond to, and
  456  resolve complaints made by or on behalf of residents relating to
  457  actions or omissions by providers of long-term care services,
  458  other public agencies, guardians, or representative payees which
  459  may adversely affect the health, safety, welfare, or rights of
  460  residents.
  461         (d) Review and, if necessary, comment on all existing or
  462  proposed rules, regulations, and other governmental policies and
  463  actions relating to long-term care facilities that may
  464  potentially have an effect on the rights, health, safety,
  465  welfare, and rights welfare of residents.
  466         (e) Review personal property and money accounts of
  467  residents who are receiving assistance under the Medicaid
  468  program pursuant to an investigation to obtain information
  469  regarding a specific complaint or problem.
  470         (f) Recommend that the state ombudsman and the legal
  471  advocate seek administrative, legal, and other remedies to
  472  protect the health, safety, welfare, and rights of the
  473  residents.
  474         (g) Provide technical assistance for the development of
  475  resident and family councils at long-term care facilities.
  476         (h)(g) Carry out other activities that the state ombudsman
  477  determines to be appropriate.
  478         (3) In order to carry out the duties specified in
  479  subsection (2), a representative of the State Long-Term Care
  480  Ombudsman Program or a member of a local council is authorized
  481  to enter any long-term care facility without notice or first
  482  obtaining a warrant; however, subject to the provisions of s.
  483  400.0074(2) may apply regarding notice of a followup
  484  administrative assessment.
  485         (4) Each district and local council shall be composed of
  486  ombudsmen members whose primary residences are residence is
  487  located within the boundaries of the district local council’s
  488  jurisdiction.
  489         (a) Upon good cause shown and with the consent of the
  490  ombudsman, the state ombudsman may appoint an ombudsman to
  491  another district. The ombudsman shall strive to ensure that each
  492  local council include the following persons as members:
  493         1. At least one medical or osteopathic physician whose
  494  practice includes or has included a substantial number of
  495  geriatric patients and who may practice in a long-term care
  496  facility;
  497         2. At least one registered nurse who has geriatric
  498  experience;
  499         3. At least one licensed pharmacist;
  500         4. At least one registered dietitian;
  501         5. At least six nursing home residents or representative
  502  consumer advocates for nursing home residents;
  503         6. At least three residents of assisted living facilities
  504  or adult family-care homes or three representative consumer
  505  advocates for alternative long-term care facility residents;
  506         7. At least one attorney; and
  507         8. At least one professional social worker.
  508         (b) The following individuals may not be appointed as
  509  ombudsmen:
  510         1. The owner or representative of a long-term care
  511  facility.
  512         2. A provider or representative of a provider of long-term
  513  care service.
  514         3. An employee of the agency.
  515         4. An employee of the department, except for staff
  516  certified as ombudsmen in the district offices.
  517         5. An employee of the Department of Children and Families.
  518         6. An employee of the Agency for Persons with Disabilities.
  519         (b) In no case shall the medical director of a long-term
  520  care facility or an employee of the agency, the department, the
  521  Department of Children and Families, or the Agency for Persons
  522  with Disabilities serve as a member or as an ex officio member
  523  of a council.
  524         (5)(a) To be appointed as an ombudsman, an individual must:
  525         1.Individuals wishing to join a local council shall Submit
  526  an application to the state ombudsman or his or her designee.
  527  The ombudsman shall review the individual’s application and
  528  advise the secretary of his or her recommendation for approval
  529  or disapproval of the candidate’s membership on the local
  530  council. If the secretary approves of the individual’s
  531  membership, the individual shall be appointed as a member of the
  532  local council.
  533         2. Successfully complete a level 2 background screening
  534  pursuant to s. 430.0402 and chapter 435.
  535         (b) The state ombudsman shall approve or deny the
  536  appointment of the individual as an ombudsman secretary may
  537  rescind the ombudsman’s approval of a member on a local council
  538  at any time. If the state ombudsman secretary rescinds the
  539  approval of a member on a local council, the state ombudsman
  540  shall ensure that the individual is immediately removed from the
  541  local council on which he or she serves and the individual may
  542  no longer represent the State Long-Term Care Ombudsman Program
  543  until the state ombudsman secretary provides his or her
  544  approval.
  545         (c) Upon appointment as an ombudsman, the individual may
  546  participate in district activities, but may not represent the
  547  program or conduct any authorized program duties until the
  548  individual has completed the initial training specified in s.
  549  400.0091(1) and has been certified by the state ombudsman.
  550         (d) The state ombudsman may rescind the appointment of an
  551  individual as an ombudsman for good cause shown, such as
  552  development of a conflict of interest, failure to adhere to the
  553  policies and procedures established by the State Long-Term Care
  554  Ombudsman Program, or demonstrated inability to carry out the
  555  responsibilities of the program. After the appointment is
  556  rescinded, the individual may not conduct any duties as an
  557  ombudsman and may not represent the State Long-Term Care
  558  Ombudsman Program.
  559         (e)(c) A local council may recommend the removal of one or
  560  more of its members by submitting to the state ombudsman a
  561  resolution adopted by a two-thirds vote of the members of the
  562  council stating the name of the member or members recommended
  563  for removal and the reasons for the recommendation. If such a
  564  recommendation is adopted by a local council, the local council
  565  chair or district manager coordinator shall immediately report
  566  the council’s recommendation to the state ombudsman. The state
  567  ombudsman shall review the recommendation of the local council
  568  and advise the district manager and local council chair
  569  secretary of his or her decision recommendation regarding
  570  removal of the council member or members.
  571         (6)(a) Each local council shall elect a chair for a term of
  572  1 year. There shall be no limitation on the number of terms that
  573  an approved member of a local council may serve as chair.
  574         (b) The chair shall select a vice chair from among the
  575  members of the council. The vice chair shall preside over the
  576  council in the absence of the chair.
  577         (c) The chair may create additional executive positions as
  578  necessary to carry out the duties of the local council. Any
  579  person appointed to an executive position shall serve at the
  580  pleasure of the chair, and his or her term shall expire on the
  581  same day as the term of the chair.
  582         (d) A chair may be immediately removed from office prior to
  583  the expiration of his or her term by a vote of two-thirds of the
  584  members of the local council. If any chair is removed from
  585  office before prior to the expiration of his or her term, a
  586  replacement chair shall be elected during the same meeting, and
  587  the term of the replacement chair shall begin immediately. The
  588  replacement chair shall serve for the remainder of the term of
  589  the person he or she replaced.
  590         (7) Each local council shall meet upon the call of its
  591  chair or upon the call of the ombudsman. Each local council
  592  shall meet at least once a month but may meet more frequently if
  593  necessary.
  594         (8) An ombudsman may not A member of a local council shall
  595  receive no compensation but shall, with approval from the state
  596  ombudsman, be reimbursed for travel expenses both within and
  597  outside the jurisdiction of the local council in accordance with
  598  the provisions of s. 112.061.
  599         (9) A representative of the State Long-Term Care Ombudsman
  600  Program may The local councils are authorized to call upon
  601  appropriate state agencies of state government for such
  602  professional assistance as may be needed in the discharge of his
  603  or her their duties, and such. All state agencies shall
  604  cooperate with the local councils in providing requested
  605  information and agency representation at council meetings.
  606         Section 7. Section 400.0070, Florida Statutes, is amended
  607  to read:
  608         400.0070 Conflicts of interest.—
  609         (1) A representative of the State Long-Term Care Ombudsman
  610  Program may The ombudsman shall not:
  611         (a) Have a direct involvement in the licensing or
  612  certification of, or an ownership or investment interest in, a
  613  long-term care facility or a provider of a long-term care
  614  service.
  615         (b) Be employed by, or participate in the management of, a
  616  long-term care facility.
  617         (c) Receive, or have a right to receive, directly or
  618  indirectly, remuneration, in cash or in kind, under a
  619  compensation agreement with the owner or operator of a long-term
  620  care facility.
  621         (2) Each representative of the State Long-Term Care
  622  Ombudsman Program employee of the office, each state council
  623  member, and each local council member shall certify that he or
  624  she does not have a has no conflict of interest.
  625         (3) The department, in consultation with the state
  626  ombudsman, shall define by rule:
  627         (a) Situations that constitute a person having a conflict
  628  of interest which that could materially affect the objectivity
  629  or capacity of an individual a person to serve as a
  630  representative of the State Long-Term Care Ombudsman Program
  631  while carrying out the purposes of the State Long-Term Care
  632  Program as specified in this part on an ombudsman council, or as
  633  an employee of the office, while carrying out the purposes of
  634  the State Long-Term Care Ombudsman Program as specified in this
  635  part.
  636         (b) The procedure by which an individual a person listed in
  637  subsection (2) must shall certify that he or she does not have a
  638  has no conflict of interest.
  639         Section 8. Section 400.0071, Florida Statutes, is amended
  640  to read:
  641         400.0071 State Long-Term Care Ombudsman Program complaint
  642  procedures.—The department, in consultation with the state
  643  ombudsman, shall adopt rules implementing state and local
  644  complaint procedures. The rules must include procedures for
  645  receiving, investigating, identifying, and resolving complaints
  646  concerning the health, safety, welfare, and rights of
  647  residents.:
  648         (1) Receiving complaints against a long-term care facility
  649  or an employee of a long-term care facility.
  650         (2) Conducting investigations of a long-term care facility
  651  or an employee of a long-term care facility subsequent to
  652  receiving a complaint.
  653         (3) Conducting onsite administrative assessments of long
  654  term care facilities.
  655         Section 9. Section 400.0073, Florida Statutes, is amended
  656  to read:
  657         400.0073 State and local ombudsman council investigations.—
  658         (1) A representative of the State Long-Term Care Ombudsman
  659  Program local council shall identify and investigate, within a
  660  reasonable time after a complaint is made, by or on behalf any
  661  complaint of a resident relating to actions or omissions by
  662  providers or representatives of providers of long-term care
  663  services, other public agencies, guardians, or representative
  664  payees which may adversely affect the health, safety, welfare,
  665  or rights of residents., a representative of a resident, or any
  666  other credible source based on an action or omission by an
  667  administrator, an employee, or a representative of a long-term
  668  care facility which might be:
  669         (a) Contrary to law;
  670         (b) Unreasonable, unfair, oppressive, or unnecessarily
  671  discriminatory, even though in accordance with law;
  672         (c) Based on a mistake of fact;
  673         (d) Based on improper or irrelevant grounds;
  674         (e) Unaccompanied by an adequate statement of reasons;
  675         (f) Performed in an inefficient manner; or
  676         (g) Otherwise adversely affecting the health, safety,
  677  welfare, or rights of a resident.
  678         (2) In an investigation, both the state and local councils
  679  have the authority to hold public hearings.
  680         (2)(3) Subsequent to an appeal from a local council, the
  681  state council may investigate any complaint received by the
  682  local council involving a long-term care facility or a resident.
  683         (3)(4) If a representative of the State Long-Term Care
  684  Ombudsman Program the ombudsman or any state or local council
  685  member is not allowed to enter a long-term care facility, the
  686  administrator of the facility shall be considered to have
  687  interfered with a representative of the State Long-Term Care
  688  Ombudsman Program office, the state council, or the local
  689  council in the performance of official duties as described in s.
  690  400.0083(1) and to have violated committed a violation of this
  691  part. The representative of the State Long-Term Care Ombudsman
  692  Program ombudsman shall report a facility’s refusal to allow
  693  entry to the state ombudsman or his or her designee, who shall
  694  report the incident to the agency, and the agency shall record
  695  the report and take it into consideration when determining
  696  actions allowable under s. 400.102, s. 400.121, s. 429.14, s.
  697  429.19, s. 429.69, or s. 429.71.
  698         Section 10. Section 400.0074, Florida Statutes, is amended
  699  to read:
  700         400.0074 Local ombudsman council onsite administrative
  701  assessments.—
  702         (1) A representative of the State Long-Term Care Ombudsman
  703  Program shall In addition to any specific investigation
  704  conducted pursuant to a complaint, the local council shall
  705  conduct, at least annually, an onsite administrative assessment
  706  of each nursing home, assisted living facility, and adult
  707  family-care home within its jurisdiction. This administrative
  708  assessment must be resident-centered and must shall focus on
  709  factors affecting the rights, health, safety, and welfare of the
  710  residents. Each local council is encouraged to conduct a similar
  711  onsite administrative assessment of each additional long-term
  712  care facility within its jurisdiction.
  713         (2) An onsite administrative assessment conducted by a
  714  local council shall be subject to the following conditions:
  715         (a) To the extent possible and reasonable, the
  716  administrative assessment may assessments shall not duplicate
  717  the efforts of the agency surveys and inspections of long-term
  718  care facilities conducted by state agencies under part II of
  719  this chapter and parts I and II of chapter 429.
  720         (b) An administrative assessment shall be conducted at a
  721  time and for a duration necessary to produce the information
  722  required to complete the assessment carry out the duties of the
  723  local council.
  724         (c) Advance notice of an administrative assessment may not
  725  be provided to a long-term care facility, except that notice of
  726  followup assessments on specific problems may be provided.
  727         (d) A representative of the State Long-Term Care Ombudsman
  728  Program local council member physically present for the
  729  administrative assessment must shall identify himself or herself
  730  to the administrator and cite the specific statutory authority
  731  for his or her assessment of the facility or his or her
  732  designee.
  733         (e) An administrative assessment may not unreasonably
  734  interfere with the programs and activities of residents.
  735         (f) A representative of the State Long-Term Care Ombudsman
  736  Program local council member may not enter a single-family
  737  residential unit within a long-term care facility during an
  738  administrative assessment without the permission of the resident
  739  or the representative of the resident.
  740         (g) An administrative assessment must be conducted in a
  741  manner that does not impose an will impose no unreasonable
  742  burden on a long-term care facility.
  743         (3) Regardless of jurisdiction, the state ombudsman may
  744  authorize a state or local council member to assist another
  745  local council to perform the administrative assessments
  746  described in this section.
  747         (4) An onsite administrative assessment may not be
  748  accomplished by forcible entry. However, if a representative of
  749  the State Long-Term Care Ombudsman Program the ombudsman or a
  750  state or local council member is not allowed to enter a long
  751  term care facility, the administrator of the facility shall be
  752  considered to have interfered with a representative of the State
  753  Long-Term Care Ombudsman Program office, the state council, or
  754  the local council in the performance of official duties as
  755  described in s. 400.0083(1) and to have committed a violation of
  756  this part. The representative of the State Long-Term Care
  757  Ombudsman Program ombudsman shall report the refusal by a
  758  facility to allow entry to the state ombudsman or his or her
  759  designee, who shall report the incident to the agency, and the
  760  agency shall record the report and take it into consideration
  761  when determining actions allowable under s. 400.102, s. 400.121,
  762  s. 429.14, s. 429.19, s. 429.69, or s. 429.71.
  763         (5)The department, in consultation with the state
  764  ombudsman, may adopt rules implementing procedures for
  765  conducting onsite administrative assessments of long-term care
  766  facilities.
  767         Section 11. Section 400.0075, Florida Statutes, is amended
  768  to read:
  769         400.0075 Complaint notification and resolution procedures.—
  770         (1)(a) Any complaint or problem verified by a
  771  representative of the State Long-Term Care Ombudsman Program an
  772  ombudsman council as a result of an investigation which is
  773  determined by the local council to require remedial action may
  774  or onsite administrative assessment, which complaint or problem
  775  is determined to require remedial action by the local council,
  776  shall be identified and brought to the attention of the long
  777  term care facility administrator subject to the confidentiality
  778  provisions of s. 400.0077 in writing. Upon receipt of the
  779  information such document, the administrator, with the
  780  concurrence of the representative of the State Long-Term Care
  781  Ombudsman Program local council chair, shall establish target
  782  dates for taking appropriate remedial action. If, by the target
  783  date, the remedial action is not completed or forthcoming, the
  784  representative of the State Long-Term Care Ombudsman Program may
  785  extend the target date if there is reason to believe such action
  786  would facilitate the resolution of the complaint, or the
  787  representative of the State Long-Term Care Ombudsman Program may
  788  refer the complaint to the district manager, who may refer the
  789  complaint to the state council. local council chair may, after
  790  obtaining approval from the ombudsman and a majority of the
  791  members of the local council:
  792         1. Extend the target date if the chair has reason to
  793  believe such action would facilitate the resolution of the
  794  complaint.
  795         2. In accordance with s. 400.0077, publicize the complaint,
  796  the recommendations of the council, and the response of the
  797  long-term care facility.
  798         3. Refer the complaint to the state council.
  799         (b) If the representative of the State Long-Term Care
  800  Ombudsman Program determines local council chair believes that
  801  the health, safety, welfare, or rights of a the resident are in
  802  imminent danger, the representative of the State Long-Term Care
  803  Ombudsman Program must immediately the chair shall notify the
  804  district manager and local council chair. The district manager
  805  or local council chair ombudsman or legal advocate, who, after
  806  verifying that such imminent danger exists, must notify the
  807  appropriate state agencies, including law enforcement agencies,
  808  the state ombudsman, and the legal advocate to ensure the
  809  protection of shall seek immediate legal or administrative
  810  remedies to protect the resident.
  811         (c) If the state ombudsman or legal advocate has reason to
  812  believe that the long-term care facility or an employee of the
  813  facility has committed a criminal act, the state ombudsman or
  814  legal advocate shall provide the local law enforcement agency
  815  with the relevant information to initiate an investigation of
  816  the case.
  817         (2)(a) Upon referral from a district or local council, the
  818  state ombudsman or his or her designee council shall assume the
  819  responsibility for the disposition of the complaint. If a long
  820  term care facility fails to take action to resolve or remedy the
  821  on a complaint by the state council, the state ombudsman council
  822  may, after obtaining approval from the ombudsman and a majority
  823  of the state council members:
  824         (a)1. In accordance with s. 400.0077, publicize the
  825  complaint, the recommendations of the local or state council,
  826  and the response of the long-term care facility.
  827         (b)2. Recommend to the department and the agency a series
  828  of facility reviews pursuant to s. 400.19, s. 429.34, or s.
  829  429.67 to ensure correction and nonrecurrence of the conditions
  830  that gave give rise to the complaint complaints against the a
  831  long-term care facility.
  832         (c)3. Recommend to the department and the agency that the
  833  long-term care facility no longer receive payments under any
  834  state assistance program, including Medicaid.
  835         (d)4. Recommend to the department and the agency that
  836  procedures be initiated for action against revocation of the
  837  long-term care facility’s license in accordance with chapter
  838  120.
  839         (b) If the state council chair believes that the health,
  840  safety, welfare, or rights of the resident are in imminent
  841  danger, the chair shall notify the ombudsman or legal advocate,
  842  who, after verifying that such imminent danger exists, shall
  843  seek immediate legal or administrative remedies to protect the
  844  resident.
  845         (3)(c) If the state ombudsman, after consultation with the
  846  legal advocate, has reason to believe that the long-term care
  847  facility or an employee of the facility has committed a criminal
  848  act, the state ombudsman shall provide the local law enforcement
  849  agency with the relevant information to initiate an
  850  investigation of the case.
  851         Section 12. Section 400.0078, Florida Statutes, is amended
  852  to read:
  853         400.0078 Citizen access to State Long-Term Care Ombudsman
  854  Program services.—
  855         (1) The office shall establish a statewide toll-free
  856  telephone number and e-mail address for receiving complaints
  857  concerning matters adversely affecting the health, safety,
  858  welfare, or rights of residents.
  859         (2) Every resident or representative of a resident shall
  860  receive, Upon admission to a long-term care facility, each
  861  resident or representative of a resident must receive
  862  information regarding:
  863         (a) The purpose of the State Long-Term Care Ombudsman
  864  Program;,
  865         (b) The statewide toll-free telephone number and e-mail
  866  address for receiving complaints;, and
  867         (c) Information that retaliatory action cannot be taken
  868  against a resident for presenting grievances or for exercising
  869  any other resident rights;
  870         (d) Other relevant information regarding how to contact
  871  representatives of the State Long-Term Care Ombudsman Program
  872  the program.
  873  
  874  Residents or their representatives must be furnished additional
  875  copies of this information upon request.
  876         Section 13. Section 400.0079, Florida Statutes, is amended
  877  to read:
  878         400.0079 Immunity.—
  879         (1) Any person making a complaint pursuant to this part who
  880  does so in good faith shall be immune from any liability, civil
  881  or criminal, that otherwise might be incurred or imposed as a
  882  direct or indirect result of making the complaint.
  883         (2) Representatives of the State Long-Term Care Ombudsman
  884  Program are The ombudsman or any person authorized by the
  885  ombudsman to act on behalf of the office, as well as all members
  886  of the state and local councils, shall be immune from any
  887  liability, civil or criminal, that otherwise might be incurred
  888  or imposed during the good faith performance of official duties.
  889         Section 14. Section 400.0081, Florida Statutes, is amended
  890  to read:
  891         400.0081 Access to facilities, residents, and records.—
  892         (1) A long-term care facility shall provide representatives
  893  of the State Long-Term Care Program with the office, the state
  894  council and its members, and the local councils and their
  895  members access to:
  896         (a) Any portion of The long-term care facility and its
  897  residents any resident as necessary to investigate or resolve a
  898  complaint.
  899         (b) Where appropriate, medical and social records of a
  900  resident for review as necessary to investigate or resolve a
  901  complaint, if:
  902         1. The representative of the State Long-Term Care Ombudsman
  903  Program office has the permission of the resident or the legal
  904  representative of the resident; or
  905         2. The resident is unable to consent to the review and does
  906  not have a has no legal representative.
  907         (c) Medical and social records of a the resident as
  908  necessary to investigate or resolve a complaint, if:
  909         1. A legal representative or guardian of the resident
  910  refuses to give permission;
  911         2. The representative of the State Long-Term Care Ombudsman
  912  Program office has reasonable cause to believe that the legal
  913  representative or guardian is not acting in the best interests
  914  of the resident; and
  915         3. The representative of the State Long-Term Care Ombudsman
  916  Program state or local council member obtains the approval of
  917  the state ombudsman.
  918         (d) Access to The administrative records, policies, and
  919  documents to which residents or the general public have access.
  920         (e) Upon request, copies of all licensing and certification
  921  records maintained by the state with respect to a long-term care
  922  facility.
  923         (2) The department, in consultation with the state
  924  ombudsman and the state council, may adopt rules to establish
  925  procedures to ensure access to facilities, residents, and
  926  records as described in this section.
  927         Section 15. Section 400.0083, Florida Statutes, is amended
  928  to read:
  929         400.0083 Interference; retaliation; penalties.—
  930         (1) A It shall be unlawful for any person, long-term care
  931  facility, or other entity may not to willfully interfere with a
  932  representative of the State Long-Term Care Ombudsman Program
  933  office, the state council, or a local council in the performance
  934  of official duties.
  935         (2) A It shall be unlawful for any person, long-term care
  936  facility, or other entity may not to knowingly or willfully take
  937  action or retaliate against any resident, employee, or other
  938  person for filing a complaint with, providing information to, or
  939  otherwise cooperating with any representative of the State Long
  940  Term Care Ombudsman Program office, the state council, or a
  941  local council.
  942         (3) A Any person, long-term care facility, or other entity
  943  that violates this section:
  944         (a) Is Shall be liable for damages and equitable relief as
  945  determined by law.
  946         (b) Commits a misdemeanor of the second degree, punishable
  947  as provided in s. 775.083.
  948         Section 16. Section 400.0087, Florida Statutes, is amended
  949  to read:
  950         400.0087 Department oversight; funding.—
  951         (1) The department shall meet the costs associated with the
  952  State Long-Term Care Ombudsman Program from funds appropriated
  953  to it.
  954         (a) The department shall include the costs associated with
  955  support of the State Long-Term Care Ombudsman Program when
  956  developing its budget requests for consideration by the Governor
  957  and submittal to the Legislature.
  958         (b) The department may divert from the federal ombudsman
  959  appropriation an amount equal to the department’s administrative
  960  cost ratio to cover the costs associated with administering the
  961  State Long-Term Care Ombudsman Program. The remaining allotment
  962  from the Older Americans Act program shall be expended on direct
  963  ombudsman activities.
  964         (2) The department shall monitor the State Long-Term Care
  965  Ombudsman Program office, the state council, and the local
  966  councils to ensure that each is carrying out the duties
  967  delegated to it by state and federal law.
  968         (3) The department is responsible for ensuring that the
  969  State Long-Term Care Ombudsman Program office:
  970         (a) Has the objectivity and independence required to
  971  qualify it for funding under the federal Older Americans Act.
  972         (b) Provides information to public and private agencies,
  973  legislators, and others.
  974         (c) Provides appropriate training to representatives of the
  975  State Long-Term Care Ombudsman Office or of the state or local
  976  councils.
  977         (d) Coordinates ombudsman services with Disability Rights
  978  Florida, the Advocacy Center for Persons with Disabilities and
  979  with providers of legal services to residents of long-term care
  980  facilities in compliance with state and federal laws.
  981         (4) The department shall also:
  982         (a) Receive and disburse state and federal funds for
  983  purposes that the state ombudsman has formulated in accordance
  984  with the Older Americans Act.
  985         (b) Whenever necessary, act as liaison between agencies and
  986  branches of the federal and state governments and the State
  987  Long-Term Care Ombudsman Program.
  988         Section 17. Section 400.0089, Florida Statutes, is amended
  989  to read:
  990         400.0089 Complaint data reports.—The State Long-Term Care
  991  Ombudsman Program office shall maintain a statewide uniform
  992  reporting system to collect and analyze data relating to
  993  complaints and conditions in long-term care facilities and to
  994  residents for the purpose of identifying and resolving
  995  complaints significant problems. The office shall publish
  996  quarterly and make readily available Information pertaining to
  997  the number and types of complaints received by the State Long
  998  Term Care Ombudsman Program shall be published quarterly and
  999  made readily available and shall include such information in the
 1000  annual report required under s. 400.0065.
 1001         Section 18. Section 400.0091, Florida Statutes, is amended
 1002  to read:
 1003         400.0091 Training.—The state ombudsman shall ensure that
 1004  appropriate training is provided to all representatives of the
 1005  State Long-Term Care Ombudsman Program employees of the office
 1006  and to the members of the state and local councils.
 1007         (1) All representatives of the State Long-Term Care
 1008  Ombudsman Program state and local council members and employees
 1009  of the office shall be given a minimum of 20 hours of training
 1010  upon employment with the State Long-Term Care Ombudsman Program
 1011  office or appointment as an ombudsman. Ten approval as a state
 1012  or local council member and 10 hours of training in the form of
 1013  continuing education is required annually thereafter.
 1014         (2) The state ombudsman shall approve the curriculum for
 1015  the initial and continuing education training, which must, at a
 1016  minimum, address:
 1017         (a) Resident confidentiality.
 1018         (b) Guardianships and powers of attorney.
 1019         (c) Medication administration.
 1020         (d) Care and medication of residents with dementia and
 1021  Alzheimer’s disease.
 1022         (e) Accounting for residents’ funds.
 1023         (f) Discharge rights and responsibilities.
 1024         (g) Cultural sensitivity.
 1025         (h) Any other topic related to residency in a long-term
 1026  care facility recommended by the secretary.
 1027         (3) An individual No employee, officer, or representative
 1028  of the office or of the state or local councils, other than the
 1029  state ombudsman, may not hold himself or herself out as a
 1030  representative of the State Long-Term Care Ombudsman Program or
 1031  conduct any authorized program duty described in this part
 1032  unless the individual person has received the training required
 1033  by this section and has been certified by the state ombudsman as
 1034  qualified to carry out ombudsman activities on behalf of the
 1035  office or the state or local councils.
 1036         Section 19. Subsection (4) of section 20.41, Florida
 1037  Statutes, is amended to read:
 1038         20.41 Department of Elderly Affairs.—There is created a
 1039  Department of Elderly Affairs.
 1040         (4) The department shall administer the State Long-Term
 1041  Care Ombudsman Program Council, created by s. 400.0063 400.0067,
 1042  and the local long-term care ombudsman councils, created by s.
 1043  400.0069 and shall, as required by s. 712 of the federal Older
 1044  Americans Act of 1965, ensure that both the State Long-Term Care
 1045  Ombudsman Program operates state and local long-term care
 1046  ombudsman councils operate in compliance with the Older
 1047  Americans Act.
 1048         Section 20. Subsections (14) through (19) of section
 1049  400.021, Florida Statutes, are amended to read:
 1050         400.021 Definitions.—When used in this part, unless the
 1051  context otherwise requires, the term:
 1052         (14) “Office” has the same meaning as in s. 400.0060.
 1053         (15)(14) “Planning and service area” means the geographic
 1054  area in which the Older Americans Act programs are administered
 1055  and services are delivered by the Department of Elderly Affairs.
 1056         (16) “Representative of the State Long-Term Care Ombudsman
 1057  Program” has the same meaning as in s. 400.0060.
 1058         (17)(15) “Respite care” means admission to a nursing home
 1059  for the purpose of providing a short period of rest or relief or
 1060  emergency alternative care for the primary caregiver of an
 1061  individual receiving care at home who, without home-based care,
 1062  would otherwise require institutional care.
 1063         (18)(16) “Resident care plan” means a written plan
 1064  developed, maintained, and reviewed not less than quarterly by a
 1065  registered nurse, with participation from other facility staff
 1066  and the resident or his or her designee or legal representative,
 1067  which includes a comprehensive assessment of the needs of an
 1068  individual resident; the type and frequency of services required
 1069  to provide the necessary care for the resident to attain or
 1070  maintain the highest practicable physical, mental, and
 1071  psychosocial well-being; a listing of services provided within
 1072  or outside the facility to meet those needs; and an explanation
 1073  of service goals.
 1074         (19)(17) “Resident designee” means a person, other than the
 1075  owner, administrator, or employee of the facility, designated in
 1076  writing by a resident or a resident’s guardian, if the resident
 1077  is adjudicated incompetent, to be the resident’s representative
 1078  for a specific, limited purpose.
 1079         (20)(18) “State Long-Term Care Ombudsman Program ombudsman
 1080  councilhas the same meaning as in s. 400.0060 means the State
 1081  Long-Term Care Ombudsman Council established pursuant to s.
 1082  400.0067.
 1083         (21)(19) “Therapeutic spa services” means bathing, nail,
 1084  and hair care services and other similar services related to
 1085  personal hygiene.
 1086         Section 21. Paragraph (c) of subsection (1) and subsections
 1087  (2) and (3) of section 400.022, Florida Statutes, are amended to
 1088  read:
 1089         400.022 Residents’ rights.—
 1090         (1) All licensees of nursing home facilities shall adopt
 1091  and make public a statement of the rights and responsibilities
 1092  of the residents of such facilities and shall treat such
 1093  residents in accordance with the provisions of that statement.
 1094  The statement shall assure each resident the following:
 1095         (c) Any entity or individual that provides health, social,
 1096  legal, or other services to a resident has the right to have
 1097  reasonable access to the resident. The resident has the right to
 1098  deny or withdraw consent to access at any time by any entity or
 1099  individual. Notwithstanding the visiting policy of the facility,
 1100  the following individuals must be permitted immediate access to
 1101  the resident:
 1102         1. Any representative of the federal or state government,
 1103  including, but not limited to, representatives of the Department
 1104  of Children and Families, the Department of Health, the Agency
 1105  for Health Care Administration, the Office of the Attorney
 1106  General, and the Department of Elderly Affairs; any law
 1107  enforcement officer; any representative of the State Long-Term
 1108  Care Ombudsman Program members of the state or local ombudsman
 1109  council; and the resident’s individual physician.
 1110         2. Subject to the resident’s right to deny or withdraw
 1111  consent, immediate family or other relatives of the resident.
 1112  
 1113  The facility must allow representatives of the State Long-Term
 1114  Care Ombudsman Program Council to examine a resident’s clinical
 1115  records with the permission of the resident or the resident’s
 1116  legal representative and consistent with state law.
 1117         (2) The licensee for each nursing home shall orally inform
 1118  the resident of the resident’s rights and provide a copy of the
 1119  statement required by subsection (1) to each resident or the
 1120  resident’s legal representative at or before the resident’s
 1121  admission to a facility. The licensee shall provide a copy of
 1122  the resident’s rights to each staff member of the facility. Each
 1123  such licensee shall prepare a written plan and provide
 1124  appropriate staff training to implement the provisions of this
 1125  section. The written statement of rights must include a
 1126  statement that a resident may file a complaint with the agency
 1127  or state or local ombudsman council. The statement must be in
 1128  boldfaced type and shall include the name, address, and
 1129  telephone number and e-mail address of the State Long-Term Care
 1130  Ombudsman Program, the numbers of the local ombudsman council
 1131  and the Elder Abuse Hotline operated by the Department of
 1132  Children and Families central abuse hotline where complaints may
 1133  be lodged.
 1134         (3) Any violation of the resident’s rights set forth in
 1135  this section constitutes shall constitute grounds for action by
 1136  the agency under the provisions of s. 400.102, s. 400.121, or
 1137  part II of chapter 408. In order to determine whether the
 1138  licensee is adequately protecting residents’ rights, the
 1139  licensure inspection of the facility must shall include private
 1140  informal conversations with a sample of residents to discuss
 1141  residents’ experiences within the facility with respect to
 1142  rights specified in this section and general compliance with
 1143  standards, and consultation with the State Long-Term Care
 1144  Ombudsman Program ombudsman council in the local planning and
 1145  service area of the Department of Elderly Affairs in which the
 1146  nursing home is located.
 1147         Section 22. Subsections (8), (9), and (11) through (14) of
 1148  section 400.0255, Florida Statutes, are amended to read:
 1149         400.0255 Resident transfer or discharge; requirements and
 1150  procedures; hearings.—
 1151         (8) The notice required by subsection (7) must be in
 1152  writing and must contain all information required by state and
 1153  federal law, rules, or regulations applicable to Medicaid or
 1154  Medicare cases. The agency shall develop a standard document to
 1155  be used by all facilities licensed under this part for purposes
 1156  of notifying residents of a discharge or transfer. Such document
 1157  must include a means for a resident to request the local long
 1158  term care ombudsman council to review the notice and request
 1159  information about or assistance with initiating a fair hearing
 1160  with the department’s Office of Appeals Hearings. In addition to
 1161  any other pertinent information included, the form shall specify
 1162  the reason allowed under federal or state law that the resident
 1163  is being discharged or transferred, with an explanation to
 1164  support this action. Further, the form must shall state the
 1165  effective date of the discharge or transfer and the location to
 1166  which the resident is being discharged or transferred. The form
 1167  must shall clearly describe the resident’s appeal rights and the
 1168  procedures for filing an appeal, including the right to request
 1169  the local ombudsman council to review the notice of discharge or
 1170  transfer. A copy of the notice must be placed in the resident’s
 1171  clinical record, and a copy must be transmitted to the
 1172  resident’s legal guardian or representative and to the local
 1173  ombudsman council within 5 business days after signature by the
 1174  resident or resident designee.
 1175         (9) A resident may request that the State Long-Term Care
 1176  Ombudsman Program or local ombudsman council review any notice
 1177  of discharge or transfer given to the resident. When requested
 1178  by a resident to review a notice of discharge or transfer, the
 1179  local ombudsman council shall do so within 7 days after receipt
 1180  of the request. The nursing home administrator, or the
 1181  administrator’s designee, must forward the request for review
 1182  contained in the notice to the State Long-Term Care Ombudsman
 1183  Program or local ombudsman council within 24 hours after such
 1184  request is submitted. Failure to forward the request within 24
 1185  hours after the request is submitted shall toll the running of
 1186  the 30-day advance notice period until the request has been
 1187  forwarded.
 1188         (11) Notwithstanding paragraph (10)(b), an emergency
 1189  discharge or transfer may be implemented as necessary pursuant
 1190  to state or federal law during the period of time after the
 1191  notice is given and before the time a hearing decision is
 1192  rendered. Notice of an emergency discharge or transfer to the
 1193  resident, the resident’s legal guardian or representative, and
 1194  the State Long-Term Care Ombudsman Program or the local
 1195  ombudsman council if requested pursuant to subsection (9) must
 1196  be by telephone or in person. This notice shall be given before
 1197  the transfer, if possible, or as soon thereafter as practicable.
 1198  The State Long-Term Care Ombudsman Program or a local ombudsman
 1199  council conducting a review under this subsection shall do so
 1200  within 24 hours after receipt of the request. The resident’s
 1201  file must be documented to show who was contacted, whether the
 1202  contact was by telephone or in person, and the date and time of
 1203  the contact. If the notice is not given in writing, written
 1204  notice meeting the requirements of subsection (8) must be given
 1205  the next working day.
 1206         (12) After receipt of any notice required under this
 1207  section, the State Long-Term Care Ombudsman Program or local
 1208  ombudsman council may request a private informal conversation
 1209  with a resident to whom the notice is directed, and, if known, a
 1210  family member or the resident’s legal guardian or designee, to
 1211  ensure that the facility is proceeding with the discharge or
 1212  transfer in accordance with the requirements of this section. If
 1213  requested, the State Long-Term Care Ombudsman Program or the
 1214  local ombudsman council shall assist the resident with filing an
 1215  appeal of the proposed discharge or transfer.
 1216         (13) The following persons must be present at all hearings
 1217  authorized under this section:
 1218         (a) The resident, or the resident’s legal representative or
 1219  designee.
 1220         (b) The facility administrator, or the facility’s legal
 1221  representative or designee.
 1222  
 1223  A representative of the State Long-Term Care Ombudsman Program
 1224  or the local long-term care ombudsman council may be present at
 1225  all hearings authorized by this section.
 1226         (14) In any hearing under this section, the following
 1227  information concerning the parties shall be confidential and
 1228  exempt from the provisions of s. 119.07(1):
 1229         (a) Names and addresses.
 1230         (b) Medical services provided.
 1231         (c) Social and economic conditions or circumstances.
 1232         (d) Evaluation of personal information.
 1233         (e) Medical data, including diagnosis and past history of
 1234  disease or disability.
 1235         (f) Any information received verifying income eligibility
 1236  and amount of medical assistance payments. Income information
 1237  received from the Social Security Administration or the Internal
 1238  Revenue Service must be safeguarded according to the
 1239  requirements of the agency that furnished the data.
 1240  
 1241  The exemption created by this subsection does not prohibit
 1242  access to such information by the State Long-Term Care Ombudsman
 1243  Program or a local long-term care ombudsman council upon
 1244  request, by a reviewing court if such information is required to
 1245  be part of the record upon subsequent review, or as specified in
 1246  s. 24(a), Art. I of the State Constitution.
 1247         Section 23. Paragraph (d) of subsection (5) of section
 1248  400.162, Florida Statutes, is amended to read:
 1249         400.162 Property and personal affairs of residents.—
 1250         (5)
 1251         (d) If, at any time during the period for which a license
 1252  is issued, a licensee that has not purchased a surety bond or
 1253  entered into a self-insurance agreement, as provided in
 1254  paragraphs (b) and (c), is requested to provide safekeeping for
 1255  the personal funds of a resident, the licensee shall notify the
 1256  agency of the request and make application for a surety bond or
 1257  for participation in a self-insurance agreement within 7 days
 1258  after of the request, exclusive of weekends and holidays. Copies
 1259  of the application, along with written documentation of related
 1260  correspondence with an insurance agency or group, shall be
 1261  maintained by the licensee for review by the agency and the
 1262  State Nursing Home and Long-Term Care Facility Ombudsman Program
 1263  Council.
 1264         Section 24. Subsections (1) and (4) of section 400.19,
 1265  Florida Statutes, are amended to read:
 1266         400.19 Right of entry and inspection.—
 1267         (1) In accordance with part II of chapter 408, the agency
 1268  and any of its duly designated officers officer or employees
 1269  employee thereof or a representative of member of the State
 1270  Long-Term Care Ombudsman Program Council or the local long-term
 1271  care ombudsman council shall have the right to enter upon and
 1272  into the premises of any facility licensed pursuant to this
 1273  part, or any distinct nursing home unit of a hospital licensed
 1274  under chapter 395 or any freestanding facility licensed under
 1275  chapter 395 which that provides extended care or other long-term
 1276  care services, at any reasonable time in order to determine the
 1277  state of compliance with the provisions of this part, part II of
 1278  chapter 408, and applicable rules in force pursuant thereto. The
 1279  agency shall, within 60 days after receipt of a complaint made
 1280  by a resident or resident’s representative, complete its
 1281  investigation and provide to the complainant its findings and
 1282  resolution.
 1283         (4) The agency shall conduct unannounced onsite facility
 1284  reviews following written verification of licensee noncompliance
 1285  in instances in which a representative of the State Long-Term
 1286  Care Ombudsman Program or long-term care ombudsman council,
 1287  pursuant to ss. 400.0071 and 400.0075, has received a complaint
 1288  and has documented deficiencies in resident care or in the
 1289  physical plant of the facility that threaten the health, safety,
 1290  or security of residents, or when the agency documents through
 1291  inspection that conditions in a facility present a direct or
 1292  indirect threat to the health, safety, or security of residents.
 1293  However, the agency shall conduct unannounced onsite reviews
 1294  every 3 months of each facility while the facility has a
 1295  conditional license. Deficiencies related to physical plant do
 1296  not require followup reviews after the agency has determined
 1297  that correction of the deficiency has been accomplished and that
 1298  the correction is of the nature that continued compliance can be
 1299  reasonably expected.
 1300         Section 25. Subsection (1) of section 400.191, Florida
 1301  Statutes, is amended to read:
 1302         400.191 Availability, distribution, and posting of reports
 1303  and records.—
 1304         (1) The agency shall provide information to the public
 1305  about all of the licensed nursing home facilities operating in
 1306  the state. The agency shall, within 60 days after a licensure
 1307  inspection visit or within 30 days after any interim visit to a
 1308  facility, send copies of the inspection reports to the office
 1309  local long-term care ombudsman council, the agency’s local
 1310  office, and a public library or the county seat for the county
 1311  in which the facility is located. The agency may provide
 1312  electronic access to inspection reports as a substitute for
 1313  sending copies.
 1314         Section 26. Subsection (6) and paragraph (c) of subsection
 1315  (7) of section 400.23, Florida Statutes, are amended to read:
 1316         400.23 Rules; evaluation and deficiencies; licensure
 1317  status.—
 1318         (6) Before Prior to conducting a survey of the facility,
 1319  the survey team shall obtain a copy of the local long-term care
 1320  ombudsman council report on the facility. Problems noted in the
 1321  report shall be incorporated into and followed up through the
 1322  agency’s inspection process. This procedure does not preclude
 1323  the State Long-Term Care Ombudsman Program or local long-term
 1324  care ombudsman council from requesting the agency to conduct a
 1325  followup visit to the facility.
 1326         (7) The agency shall, at least every 15 months, evaluate
 1327  all nursing home facilities and make a determination as to the
 1328  degree of compliance by each licensee with the established rules
 1329  adopted under this part as a basis for assigning a licensure
 1330  status to that facility. The agency shall base its evaluation on
 1331  the most recent inspection report, taking into consideration
 1332  findings from other official reports, surveys, interviews,
 1333  investigations, and inspections. In addition to license
 1334  categories authorized under part II of chapter 408, the agency
 1335  shall assign a licensure status of standard or conditional to
 1336  each nursing home.
 1337         (c) In evaluating the overall quality of care and services
 1338  and determining whether the facility will receive a conditional
 1339  or standard license, the agency shall consider the needs and
 1340  limitations of residents in the facility and the results of
 1341  interviews and surveys of a representative sampling of
 1342  residents, families of residents, representatives of the State
 1343  Long-Term Care Ombudsman Program ombudsman council members in
 1344  the planning and service area in which the facility is located,
 1345  guardians of residents, and staff of the nursing home facility.
 1346         Section 27. Paragraph (a) of subsection (3), paragraph (f)
 1347  of subsection (5), and subsection (6) of section 400.235,
 1348  Florida Statutes, are amended to read:
 1349         400.235 Nursing home quality and licensure status; Gold
 1350  Seal Program.—
 1351         (3)(a) The Gold Seal Program shall be developed and
 1352  implemented by the Governor’s Panel on Excellence in Long-Term
 1353  Care which shall operate under the authority of the Executive
 1354  Office of the Governor. The panel shall be composed of three
 1355  persons appointed by the Governor, to include a consumer
 1356  advocate for senior citizens and two persons with expertise in
 1357  the fields of quality management, service delivery excellence,
 1358  or public sector accountability; three persons appointed by the
 1359  Secretary of Elderly Affairs, to include an active member of a
 1360  nursing facility family and resident care council and a member
 1361  of the University Consortium on Aging; a representative of the
 1362  State Long-Term Care Ombudsman Program; one person appointed by
 1363  the Florida Life Care Residents Association; one person
 1364  appointed by the State Surgeon General; two persons appointed by
 1365  the Secretary of Health Care Administration; one person
 1366  appointed by the Florida Association of Homes for the Aging; and
 1367  one person appointed by the Florida Health Care Association.
 1368  Vacancies on the panel shall be filled in the same manner as the
 1369  original appointments.
 1370         (5) Facilities must meet the following additional criteria
 1371  for recognition as a Gold Seal Program facility:
 1372         (f) Evidence that verified an outstanding record regarding
 1373  the number and types of substantiated complaints reported to the
 1374  State Long-Term Care Ombudsman Program Council within the 30
 1375  months preceding application for the program have not resulted
 1376  in a citation for licensure.
 1377  
 1378  A facility assigned a conditional licensure status may not
 1379  qualify for consideration for the Gold Seal Program until after
 1380  it has operated for 30 months with no class I or class II
 1381  deficiencies and has completed a regularly scheduled relicensure
 1382  survey.
 1383         (6) The agency, nursing facility industry organizations,
 1384  consumers, State Long-Term Care Ombudsman Program Council, and
 1385  members of the community may recommend to the Governor
 1386  facilities that meet the established criteria for consideration
 1387  for and award of the Gold Seal. The panel shall review nominees
 1388  and make a recommendation to the Governor for final approval and
 1389  award. The decision of the Governor is final and is not subject
 1390  to appeal.
 1391         Section 28. Present subsections (18) through (28) of
 1392  section 415.102, Florida Statutes, are redesignated as
 1393  subsections (19) through (29), respectively, and a new
 1394  subsection (18) is added to that section, to read:
 1395         415.102 Definitions of terms used in ss. 415.101-415.113.
 1396  As used in ss. 415.101-415.113, the term:
 1397         (18) “Office” has the same meaning as in s. 400.0060.
 1398         Section 29. Paragraph (a) of subsection (1) of section
 1399  415.1034, Florida Statutes, is amended to read:
 1400         415.1034 Mandatory reporting of abuse, neglect, or
 1401  exploitation of vulnerable adults; mandatory reports of death.—
 1402         (1) MANDATORY REPORTING.—
 1403         (a) Any person, including, but not limited to, any:
 1404         1. Physician, osteopathic physician, medical examiner,
 1405  chiropractic physician, nurse, paramedic, emergency medical
 1406  technician, or hospital personnel engaged in the admission,
 1407  examination, care, or treatment of vulnerable adults;
 1408         2. Health professional or mental health professional other
 1409  than one listed in subparagraph 1.;
 1410         3. Practitioner who relies solely on spiritual means for
 1411  healing;
 1412         4. Nursing home staff; assisted living facility staff;
 1413  adult day care center staff; adult family-care home staff;
 1414  social worker; or other professional adult care, residential, or
 1415  institutional staff;
 1416         5. State, county, or municipal criminal justice employee or
 1417  law enforcement officer;
 1418         6. An Employee of the Department of Business and
 1419  Professional Regulation conducting inspections of public lodging
 1420  establishments under s. 509.032;
 1421         7. Florida advocacy council or Disability Rights Florida
 1422  member or a representative of the State Long-Term Care Ombudsman
 1423  Program long-term care ombudsman council member; or
 1424         8. Bank, savings and loan, or credit union officer,
 1425  trustee, or employee,
 1426  
 1427  who knows, or has reasonable cause to suspect, that a vulnerable
 1428  adult has been or is being abused, neglected, or exploited shall
 1429  immediately report such knowledge or suspicion to the central
 1430  abuse hotline.
 1431         Section 30. Subsection (1) of section 415.104, Florida
 1432  Statutes, is amended to read:
 1433         415.104 Protective investigations of cases of abuse,
 1434  neglect, or exploitation of vulnerable adults; transmittal of
 1435  records to state attorney.—
 1436         (1) The department shall, upon receipt of a report alleging
 1437  abuse, neglect, or exploitation of a vulnerable adult, begin
 1438  within 24 hours a protective investigation of the facts alleged
 1439  therein. If a caregiver refuses to allow the department to begin
 1440  a protective investigation or interferes with the conduct of
 1441  such an investigation, the appropriate law enforcement agency
 1442  shall be contacted for assistance. If, during the course of the
 1443  investigation, the department has reason to believe that the
 1444  abuse, neglect, or exploitation is perpetrated by a second
 1445  party, the appropriate law enforcement agency and state attorney
 1446  shall be orally notified. The department and the law enforcement
 1447  agency shall cooperate to allow the criminal investigation to
 1448  proceed concurrently with, and not be hindered by, the
 1449  protective investigation. The department shall make a
 1450  preliminary written report to the law enforcement agencies
 1451  within 5 working days after the oral report. The department
 1452  shall, within 24 hours after receipt of the report, notify the
 1453  appropriate Florida local advocacy council, or the State Long
 1454  Term Care Ombudsman Program long-term care ombudsman council,
 1455  when appropriate, that an alleged abuse, neglect, or
 1456  exploitation perpetrated by a second party has occurred. Notice
 1457  to the Florida local advocacy council or the State Long-Term
 1458  Care Ombudsman Program long-term care ombudsman council may be
 1459  accomplished orally or in writing and shall include the name and
 1460  location of the vulnerable adult alleged to have been abused,
 1461  neglected, or exploited and the nature of the report.
 1462         Section 31. Subsection (8) of section 415.1055, Florida
 1463  Statutes, is amended to read:
 1464         415.1055 Notification to administrative entities.—
 1465         (8) At the conclusion of a protective investigation at a
 1466  facility, the department shall notify either the Florida local
 1467  advocacy council or the State Long-Term Care Ombudsman Program
 1468  or the long-term care ombudsman council of the results of the
 1469  investigation. This notification must be in writing.
 1470         Section 32. Subsection (2) of section 415.106, Florida
 1471  Statutes, is amended to read:
 1472         415.106 Cooperation by the department and criminal justice
 1473  and other agencies.—
 1474         (2) To ensure coordination, communication, and cooperation
 1475  with the investigation of abuse, neglect, or exploitation of
 1476  vulnerable adults, the department shall develop and maintain
 1477  interprogram agreements or operational procedures among
 1478  appropriate departmental programs and the State Long-Term Care
 1479  Ombudsman Program Council, the Florida Statewide Advocacy
 1480  Council, and other agencies that provide services to vulnerable
 1481  adults. These agreements or procedures must cover such subjects
 1482  as the appropriate roles and responsibilities of the department
 1483  in identifying and responding to reports of abuse, neglect, or
 1484  exploitation of vulnerable adults; the provision of services;
 1485  and related coordinated activities.
 1486         Section 33. Paragraph (g) of subsection (3) of section
 1487  415.107, Florida Statutes, is amended to read:
 1488         415.107 Confidentiality of reports and records.—
 1489         (3) Access to all records, excluding the name of the
 1490  reporter which shall be released only as provided in subsection
 1491  (6), shall be granted only to the following persons, officials,
 1492  and agencies:
 1493         (g) Any appropriate official of the Florida advocacy
 1494  council, State Long-Term Care Ombudsman Program or long-term
 1495  care ombudsman council investigating a report of known or
 1496  suspected abuse, neglect, or exploitation of a vulnerable adult.
 1497         Section 34. Present subsections (16) through (26) of
 1498  section 429.02, Florida Statutes, are redesignated as
 1499  subsections (17) through (27), respectively, present subsections
 1500  (11) and (20) are amended, and a new subsection (16) is added to
 1501  that section, to read:
 1502         429.02 Definitions.—When used in this part, the term:
 1503         (11) “Extended congregate care” means acts beyond those
 1504  authorized in subsection (17) (16) that may be performed
 1505  pursuant to part I of chapter 464 by persons licensed thereunder
 1506  while carrying out their professional duties, and other
 1507  supportive services which may be specified by rule. The purpose
 1508  of such services is to enable residents to age in place in a
 1509  residential environment despite mental or physical limitations
 1510  that might otherwise disqualify them from residency in a
 1511  facility licensed under this part.
 1512         (16) “Office” has the same meaning as in s. 400.0060.
 1513         (17)(16) “Personal services” means direct physical
 1514  assistance with or supervision of the activities of daily living
 1515  and the self-administration of medication and other similar
 1516  services which the department may define by rule. “Personal
 1517  services” shall not be construed to mean the provision of
 1518  medical, nursing, dental, or mental health services.
 1519         (18)(17) “Physical restraint” means a device which
 1520  physically limits, restricts, or deprives an individual of
 1521  movement or mobility, including, but not limited to, a half-bed
 1522  rail, a full-bed rail, a geriatric chair, and a posey restraint.
 1523  The term “physical restraint” shall also include any device
 1524  which was not specifically manufactured as a restraint but which
 1525  has been altered, arranged, or otherwise used for this purpose.
 1526  The term shall not include bandage material used for the purpose
 1527  of binding a wound or injury.
 1528         (19)(18) “Relative” means an individual who is the father,
 1529  mother, stepfather, stepmother, son, daughter, brother, sister,
 1530  grandmother, grandfather, great-grandmother, great-grandfather,
 1531  grandson, granddaughter, uncle, aunt, first cousin, nephew,
 1532  niece, husband, wife, father-in-law, mother-in-law, son-in-law,
 1533  daughter-in-law, brother-in-law, sister-in-law, stepson,
 1534  stepdaughter, stepbrother, stepsister, half brother, or half
 1535  sister of an owner or administrator.
 1536         (20)(19) “Resident” means a person 18 years of age or
 1537  older, residing in and receiving care from a facility.
 1538         (21)(20) “Resident’s representative or designee” means a
 1539  person other than the owner, or an agent or employee of the
 1540  facility, designated in writing by the resident, if legally
 1541  competent, to receive notice of changes in the contract executed
 1542  pursuant to s. 429.24; to receive notice of and to participate
 1543  in meetings between the resident and the facility owner,
 1544  administrator, or staff concerning the rights of the resident;
 1545  to assist the resident in contacting the State Long-Term Care
 1546  Ombudsman Program or local ombudsman council if the resident has
 1547  a complaint against the facility; or to bring legal action on
 1548  behalf of the resident pursuant to s. 429.29.
 1549         (22)(21) “Service plan” means a written plan, developed and
 1550  agreed upon by the resident and, if applicable, the resident’s
 1551  representative or designee or the resident’s surrogate,
 1552  guardian, or attorney in fact, if any, and the administrator or
 1553  designee representing the facility, which addresses the unique
 1554  physical and psychosocial needs, abilities, and personal
 1555  preferences of each resident receiving extended congregate care
 1556  services. The plan shall include a brief written description, in
 1557  easily understood language, of what services shall be provided,
 1558  who shall provide the services, when the services shall be
 1559  rendered, and the purposes and benefits of the services.
 1560         (23)(22) “Shared responsibility” means exploring the
 1561  options available to a resident within a facility and the risks
 1562  involved with each option when making decisions pertaining to
 1563  the resident’s abilities, preferences, and service needs,
 1564  thereby enabling the resident and, if applicable, the resident’s
 1565  representative or designee, or the resident’s surrogate,
 1566  guardian, or attorney in fact, and the facility to develop a
 1567  service plan which best meets the resident’s needs and seeks to
 1568  improve the resident’s quality of life.
 1569         (24)(23) “Supervision” means reminding residents to engage
 1570  in activities of daily living and the self-administration of
 1571  medication, and, when necessary, observing or providing verbal
 1572  cuing to residents while they perform these activities.
 1573         (25)(24) “Supplemental security income,” Title XVI of the
 1574  Social Security Act, means a program through which the Federal
 1575  Government guarantees a minimum monthly income to every person
 1576  who is age 65 or older, or disabled, or blind and meets the
 1577  income and asset requirements.
 1578         (26)(25) “Supportive services” means services designed to
 1579  encourage and assist aged persons or adults with disabilities to
 1580  remain in the least restrictive living environment and to
 1581  maintain their independence as long as possible.
 1582         (27)(26) “Twenty-four-hour nursing supervision” means
 1583  services that are ordered by a physician for a resident whose
 1584  condition requires the supervision of a physician and continued
 1585  monitoring of vital signs and physical status. Such services
 1586  shall be: medically complex enough to require constant
 1587  supervision, assessment, planning, or intervention by a nurse;
 1588  required to be performed by or under the direct supervision of
 1589  licensed nursing personnel or other professional personnel for
 1590  safe and effective performance; required on a daily basis; and
 1591  consistent with the nature and severity of the resident’s
 1592  condition or the disease state or stage.
 1593         Section 35. Subsection (9) of section 429.19, Florida
 1594  Statutes, is amended to read:
 1595         429.19 Violations; imposition of administrative fines;
 1596  grounds.—
 1597         (9) The agency shall develop and disseminate an annual list
 1598  of all facilities sanctioned or fined for violations of state
 1599  standards, the number and class of violations involved, the
 1600  penalties imposed, and the current status of cases. The list
 1601  shall be disseminated, at no charge, to the Department of
 1602  Elderly Affairs, the Department of Health, the Department of
 1603  Children and Families, the Agency for Persons with Disabilities,
 1604  the area agencies on aging, the Florida Statewide Advocacy
 1605  Council, and the State Long-Term Care Ombudsman Program and
 1606  state and local ombudsman councils. The Department of Children
 1607  and Families shall disseminate the list to service providers
 1608  under contract to the department who are responsible for
 1609  referring persons to a facility for residency. The agency may
 1610  charge a fee commensurate with the cost of printing and postage
 1611  to other interested parties requesting a copy of this list. This
 1612  information may be provided electronically or through the
 1613  agency’s Internet site.
 1614         Section 36. Subsection (8) of section 429.26, Florida
 1615  Statutes, is amended to read:
 1616         429.26 Appropriateness of placements; examinations of
 1617  residents.—
 1618         (8) The Department of Children and Families may require an
 1619  examination for supplemental security income and optional state
 1620  supplementation recipients residing in facilities at any time
 1621  and shall provide the examination whenever a resident’s
 1622  condition requires it. Any facility administrator; personnel of
 1623  the agency, the department, or the Department of Children and
 1624  Families; or a representative of the State Long-Term Care
 1625  Ombudsman Program long-term care ombudsman council member who
 1626  believes a resident needs to be evaluated shall notify the
 1627  resident’s case manager, who shall take appropriate action. A
 1628  report of the examination findings shall be provided to the
 1629  resident’s case manager and the facility administrator to help
 1630  the administrator meet his or her responsibilities under
 1631  subsection (1).
 1632         Section 37. Subsection (2) and paragraph (b) of subsection
 1633  (3) of section 429.28, Florida Statutes, are amended to read:
 1634         429.28 Resident bill of rights.—
 1635         (2) The administrator of a facility shall ensure that a
 1636  written notice of the rights, obligations, and prohibitions set
 1637  forth in this part is posted in a prominent place in each
 1638  facility and read or explained to residents who cannot read.
 1639  This notice must shall include the statewide toll-free telephone
 1640  number and e-mail address of the State Long-Term Care Ombudsman
 1641  Program and the telephone number of name, address, and telephone
 1642  numbers of the local ombudsman council and the Elder Abuse
 1643  Hotline operated by the Department of Children and Families
 1644  central abuse hotline and, when applicable, the Advocacy Center
 1645  for Persons with Disabilities, Inc., and the Florida local
 1646  advocacy council, where complaints may be lodged. The facility
 1647  must ensure a resident’s access to a telephone to call the State
 1648  Long-Term Care Ombudsman Program or local ombudsman council, the
 1649  Elder Abuse Hotline operated by the Department of Children and
 1650  Families central abuse hotline, Advocacy Center for Persons with
 1651  Disabilities, Inc., and the Florida local advocacy council.
 1652         (3)
 1653         (b) In order to determine whether the facility is
 1654  adequately protecting residents’ rights, the biennial survey
 1655  shall include private informal conversations with a sample of
 1656  residents and consultation with the ombudsman council in the
 1657  district planning and service area in which the facility is
 1658  located to discuss residents’ experiences within the facility.
 1659         Section 38. Section 429.34, Florida Statutes, is amended to
 1660  read:
 1661         429.34 Right of entry and inspection.—In addition to the
 1662  requirements of s. 408.811, a any duly designated officer or
 1663  employee of the department, the Department of Children and
 1664  Families, the Medicaid Fraud Control Unit of the Office of the
 1665  Attorney General, the state or local fire marshal, or a
 1666  representative of the State Long-Term Care Ombudsman Program or
 1667  a member of the state or local long-term care ombudsman council
 1668  may shall have the right to enter unannounced upon and into the
 1669  premises of any facility licensed under pursuant to this part in
 1670  order to determine the state of compliance with the provisions
 1671  of this part, part II of chapter 408, and applicable rules. Data
 1672  collected by the State Long-Term Care Ombudsman Program, state
 1673  or local long-term care ombudsman councils or the state or local
 1674  advocacy councils may be used by the agency in investigations
 1675  involving violations of regulatory standards.
 1676         Section 39. Subsection (2) of section 429.35, Florida
 1677  Statutes, is amended to read:
 1678         429.35 Maintenance of records; reports.—
 1679         (2) Within 60 days after the date of the biennial
 1680  inspection visit required under s. 408.811 or within 30 days
 1681  after the date of any interim visit, the agency shall forward
 1682  the results of the inspection to the local ombudsman council in
 1683  in the district whose planning and service area, as defined in
 1684  part II of chapter 400, where the facility is located; to at
 1685  least one public library or, in the absence of a public library,
 1686  the county seat in the county in which the inspected assisted
 1687  living facility is located; and, when appropriate, to the
 1688  district Adult Services and Mental Health Program Offices.
 1689         Section 40. Subsection (6) of section 429.67, Florida
 1690  Statutes, is amended to read:
 1691         429.67 Licensure.—
 1692         (6) In addition to the requirements of s. 408.811, access
 1693  to a licensed adult family-care home must be provided at
 1694  reasonable times for the appropriate officials of the
 1695  department, the Department of Health, the Department of Children
 1696  and Families, the agency, and the State Fire Marshal, who are
 1697  responsible for the development and maintenance of fire, health,
 1698  sanitary, and safety standards, to inspect the facility to
 1699  assure compliance with these standards. In addition, access to a
 1700  licensed adult family-care home must be provided at reasonable
 1701  times to representatives of the State Long-Term Care Ombudsman
 1702  Program for the local long-term care ombudsman council.
 1703         Section 41. Subsection (2) of section 429.85, Florida
 1704  Statutes, is amended to read:
 1705         429.85 Residents’ bill of rights.—
 1706         (2) The provider shall ensure that residents and their
 1707  legal representatives are made aware of the rights, obligations,
 1708  and prohibitions set forth in this part. Residents must also be
 1709  given the statewide toll-free telephone number and e-mail
 1710  address of the State Long-Term Care Ombudsman Program, the
 1711  telephone number names, addresses, and telephone numbers of the
 1712  local ombudsman council and the Elder Abuse Hotline operated by
 1713  the Department of Children and Families the central abuse
 1714  hotline where they may lodge complaints.
 1715         Section 42. This act shall take effect July 1, 2015.