Florida Senate - 2018                                     SB 830
       By Senator Farmer
       34-00940-18                                            2018830__
    1                        A bill to be entitled                      
    2         An act relating to nursing home and assisted living
    3         facility resident rights; amending s. 400.102, F.S.;
    4         providing additional grounds for action by the Agency
    5         for Health Care Administration against a licensee;
    6         amending s. 400.141, F.S.; requiring a nursing home
    7         facility to provide current and updated contact
    8         information to a resident and the State Long-Term Care
    9         Ombudsman Program; amending s. 400.145, F.S.;
   10         authorizing certain requests to be made orally;
   11         requiring nursing home facilities to provide a
   12         resident or a representative of a resident with access
   13         to or copies of certain records under certain
   14         conditions and within a specified timeframe; providing
   15         an exception for psychiatric records under certain
   16         circumstances; amending s. 429.28, F.S.; providing
   17         notice requirements regarding relocation or
   18         termination of residency from an assisted living
   19         facility; requiring the facility to send a copy of the
   20         notice to a representative of the State Long-Term Care
   21         Ombudsman Program within a specified timeframe;
   22         reenacting s. 400.121(1) and (2), F.S., relating to
   23         imposition of administrative fines by the agency, to
   24         incorporate the amendment made to s. 400.102, F.S., in
   25         a reference thereto; providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Subsection (5) is added to section 400.102,
   30  Florida Statutes, to read:
   31         400.102 Action by agency against licensee; grounds.—In
   32  addition to the grounds listed in part II of chapter 408, any of
   33  the following conditions shall be grounds for action by the
   34  agency against a licensee:
   35         (5)Failure to provide residents and the State Long-Term
   36  Care Ombudsman Program with a facility’s current contact
   37  information, including a functional telephone number, and notify
   38  residents and the State Long-Term Care Ombudsman Program of any
   39  change in contact information within 30 days after a change in
   40  such information.
   41         Section 2. Paragraph (v) is added to subsection (1) of
   42  section 400.141, Florida Statutes, to read:
   43         400.141 Administration and management of nursing home
   44  facilities.—
   45         (1) Every licensed facility shall comply with all
   46  applicable standards and rules of the agency and shall:
   47         (v)Provide residents and the State Long-Term Care
   48  Ombudsman Program with a facility’s current contact information,
   49  including a functional telephone number, and notify residents
   50  and the State Long-Term Care Ombudsman Program of any change in
   51  contact information within 30 days after a change in such
   52  information.
   53         Section 3. Subsections (1) and (5) of section 400.145,
   54  Florida Statutes, are amended to read:
   55         400.145 Copies of records of care and treatment of
   56  resident.—
   57         (1) A resident has the right to access personal and medical
   58  records pertaining to him or herself. Upon receipt of a written
   59  or oral request that complies with the federal Health Insurance
   60  Portability and Accountability Act of 1996 (HIPAA) and this
   61  section, a nursing home facility shall furnish to a competent
   62  resident, or to a representative of that resident who is
   63  authorized to make requests for the resident’s records under
   64  HIPAA or subsection (2), copies of the resident’s paper and
   65  electronic records that are in possession of the facility. Such
   66  records must include any personal records, medical records, and
   67  records concerning the care and treatment of the resident
   68  performed by the facility, except for progress notes and
   69  consultation report sections of a psychiatric nature. The
   70  facility shall provide access to the requested records within 24
   71  hours, excluding weekends and holidays, 14 working days after
   72  receipt of a request relating to a current resident or within 30
   73  working days after receipt of a request relating to a former
   74  resident. The facility shall provide the resident or the
   75  authorized representative of that resident with a copy of the
   76  requested records or any portion thereof within 2 working days
   77  after receipt of such request.
   78         (5) If a licensed medical provider nursing home facility
   79  determines that disclosure of psychiatric the records to the
   80  resident would reasonably be likely to endanger the life or
   81  physical safety of the resident or another person be detrimental
   82  to the physical or mental health of the resident, the facility
   83  may refuse to furnish the record directly to the resident;
   84  however, upon such refusal, the resident’s records shall, upon
   85  written request by the resident, be furnished to any other
   86  licensed medical provider designated by the resident.
   87         Section 4. Paragraph (k) of subsection (1) of section
   88  429.28, Florida Statutes, is amended to read:
   89         429.28 Resident bill of rights.—
   90         (1) No resident of a facility shall be deprived of any
   91  civil or legal rights, benefits, or privileges guaranteed by
   92  law, the Constitution of the State of Florida, or the
   93  Constitution of the United States as a resident of a facility.
   94  Every resident of a facility shall have the right to:
   95         (k) At least 45 days’ notice of relocation or termination
   96  of residency from the facility unless, for medical reasons, the
   97  resident is certified by a physician to require an emergency
   98  relocation to a facility providing a more skilled level of care
   99  or the resident engages in a pattern of conduct that is harmful
  100  or offensive to other residents. In the case of a resident who
  101  has been adjudicated mentally incapacitated, the guardian shall
  102  be given at least 45 days’ notice of a nonemergency relocation
  103  or residency termination. Reasons for relocation shall be set
  104  forth in writing and provided to the resident or the resident’s
  105  legal representative. The facility shall send a copy of the
  106  notice to a representative of the State Long-Term Care Ombudsman
  107  Program within 7 calendar days after the notice is provided to
  108  the resident or the resident’s legal representative. In order
  109  for a facility to terminate the residency of an individual
  110  without notice as provided herein, the facility shall show good
  111  cause in a court of competent jurisdiction.
  112         Section 5. For the purpose of incorporating the amendment
  113  made by this act to section 400.102, Florida Statutes, in a
  114  reference thereto, subsections (1) and (2) of section 400.121,
  115  Florida Statutes, are reenacted to read:
  116         400.121 Denial, suspension, revocation of license;
  117  administrative fines; procedure; order to increase staffing.—
  118         (1) The agency may deny an application, revoke or suspend a
  119  license, and impose an administrative fine, not to exceed $500
  120  per violation per day for the violation of any provision of this
  121  part, part II of chapter 408, or applicable rules, against any
  122  applicant or licensee for the following violations by the
  123  applicant, licensee, or other controlling interest:
  124         (a) A violation of any provision of this part, part II of
  125  chapter 408, or applicable rules; or
  126         (b) An adverse action by a regulatory agency against any
  127  other licensed facility that has a common controlling interest
  128  with the licensee or applicant against whom the action under
  129  this section is being brought. If the adverse action involves
  130  solely the management company, the applicant or licensee shall
  131  be given 30 days to remedy before final action is taken. If the
  132  adverse action is based solely upon actions by a controlling
  133  interest, the applicant or licensee may present factors in
  134  mitigation of any proposed penalty based upon a showing that
  135  such penalty is inappropriate under the circumstances.
  137  All hearings shall be held within the county in which the
  138  licensee or applicant operates or applies for a license to
  139  operate a facility as defined herein.
  140         (2) Except as provided in s. 400.23(8), a $500 fine shall
  141  be imposed for each violation. Each day a violation of this part
  142  or part II of chapter 408 occurs constitutes a separate
  143  violation and is subject to a separate fine, but in no event may
  144  any fine aggregate more than $5,000. A fine may be levied
  145  pursuant to this section in lieu of and notwithstanding the
  146  provisions of s. 400.23. Fines paid shall be deposited in the
  147  Health Care Trust Fund and expended as provided in s. 400.063.
  148         Section 6. This act shall take effect July 1, 2018.