Florida Senate - 2019 SB 1606 By Senator Torres 15-01736-19 20191606__ 1 A bill to be entitled 2 An act relating to long-term care facility residents; 3 amending s. 400.022, F.S.; requiring that providers of 4 certain services to a resident of a nursing home 5 facility have the right to have reasonable access to 6 the resident which is free of charge; amending s. 7 429.28, F.S.; prohibiting an assisted living facility 8 from charging providers of certain services to a 9 resident for reasonable access to the resident; 10 requiring that reasons for a resident’s relocation 11 from an assisted living facility be provided to the 12 resident or the resident’s legal representative; 13 requiring a copy of a notice of relocation or 14 termination of residency from an assisted living 15 facility to be sent to a representative of the Long 16 Term Care Ombudsman Program within a specified 17 timeframe; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Paragraph (c) of subsection (1) of section 22 400.022, Florida Statutes, is amended to read: 23 400.022 Residents’ rights.— 24 (1) All licensees of nursing home facilities shall adopt 25 and make public a statement of the rights and responsibilities 26 of the residents of such facilities and shall treat such 27 residents in accordance with the provisions of that statement. 28 The statement shall assure each resident the following: 29 (c) Any entity or individual that provides health, social, 30 legal, or other services to a resident has the right to have 31 reasonable access to the resident which is free of charge. The 32 resident has the right to deny or withdraw consent to access at 33 any time by any entity or individual. Notwithstanding the 34 visiting policy of the facility, the following individuals must 35 be permitted immediate access to the resident: 36 1. Any representative of the federal or state government, 37 including, but not limited to, representatives of the Department 38 of Children and Families, the Department of Health, the Agency 39 for Health Care Administration, the Office of the Attorney 40 General, and the Department of Elderly Affairs; any law 41 enforcement officer; any representative of the State Long-Term 42 Care Ombudsman Program; and the resident’s individual physician. 43 2. Subject to the resident’s right to deny or withdraw 44 consent, immediate family or other relatives of the resident. 45 46 The facility must allow representatives of the State Long-Term 47 Care Ombudsman Program to examine a resident’s clinical records 48 with the permission of the resident or the resident’s legal 49 representative and consistent with state law. 50 Section 2. Paragraphs (d) and (k) of subsection (1) of 51 section 429.28, Florida Statutes, are amended to read: 52 429.28 Resident bill of rights.— 53 (1) No resident of a facility shall be deprived of any 54 civil or legal rights, benefits, or privileges guaranteed by 55 law, the Constitution of the State of Florida, or the 56 Constitution of the United States as a resident of a facility. 57 Every resident of a facility shall have the right to: 58 (d) Unrestricted private communication, including receiving 59 and sending unopened correspondence, access to a telephone, and 60 visiting with any person of his or her choice, at any time 61 between the hours of 9 a.m. and 9 p.m. at a minimum. Upon 62 request, the facility shall make provisions to extend visiting 63 hours for caregivers and out-of-town guests, and in other 64 similar situations. A facility may not charge a fee to any 65 entity or individual that provides health, social, legal, or 66 other services to a resident for that entity or individual to 67 have reasonable access to the resident. 68 (k) At least 45 days’ notice of relocation or termination 69 of residency from the facility unless, for medical reasons, the 70 resident is certified by a physician to require an emergency 71 relocation to a facility providing a more skilled level of care 72 or the resident engages in a pattern of conduct that is harmful 73 or offensive to other residents. In the case of a resident who 74 has been adjudicated mentally incapacitated, the guardian shall 75 be given at least 45 days’ notice of a nonemergency relocation 76 or residency termination. Reasons for relocation shall be set 77 forth in writing in the notice and provided to the resident or 78 the resident’s legal representative. A copy of the notice shall 79 be sent to a representative of the Long-Term Care Ombudsman 80 Program within 24 hours. In order for a facility to terminate 81 the residency of an individual without notice as provided 82 herein, the facility shall show good cause in a court of 83 competent jurisdiction. 84 Section 3. This act shall take effect July 1, 2019.