The Florida Senate

400.0075  Complaint resolution procedures.--

(1)  Any complaint, including any problem identified by an ombudsman council as a result of an investigation, deemed valid and requiring remedial action by the district ombudsman council shall be identified and brought to the attention of the long-term care facility administrator in writing. Upon receipt of such document, the administrator, in concurrence with the district ombudsman council chair, shall establish target dates for taking appropriate remedial action. If, by the target date, the remedial action is not completed or forthcoming, the district ombudsman council may:

(a)  Extend the target date if the council has reason to believe such action would facilitate the resolution of the complaint.

(b)  In accordance with s. 400.0077, publicize the complaint, the recommendations of the council, and the response of the long-term care facility.

(c)  Refer the complaint to the state ombudsman council.

If the health, safety, welfare, or rights of the resident are in imminent danger, the district long-term care ombudsman council may seek immediate legal or administrative remedies to protect the resident.

(2)  Upon referral from the district ombudsman council, the state ombudsman council shall assume the responsibility for the disposition of the complaint. If a long-term care facility fails to take action on a complaint found valid by the state ombudsman council, the state council may:

(a)  In accordance with s. 400.0077, publicize the complaint, the recommendations of the council, and the response of the long-term care facility.

(b)  Recommend to the agency a series of facility reviews pursuant to s. 400.19(4) to assure correction and nonrecurrence of conditions that give rise to complaints against a long-term care facility.

(c)  Recommend to the agency changes in rules for inspecting and licensing or certifying long-term care facilities, and recommend to the ¹Department of Health and Rehabilitative Services changes in rules for licensing and regulating long-term care facilities.

(d)  Refer the complaint to the state attorney for prosecution if there is reason to believe the long-term care facility or its employee is guilty of a criminal act.

(e)  Recommend to the ¹Department of Health and Rehabilitative Services that the long-term care facility no longer receive payments under the State Medical Assistance Program (Medicaid).

(f)  Recommend that the agency initiate procedures for revocation of license in accordance with chapter 120.

(g)  Seek legal, administrative, or other remedies to protect the health, safety, welfare, or rights of the resident.

If the health, safety, welfare, or rights of the resident are in imminent danger, the State Long-Term Care Ombudsman Council shall seek immediate legal or administrative remedies to protect the resident.

(3)  The state ombudsman council shall provide, as part of its annual report required pursuant to s. 400.0067(2)(h), information relating to the disposition of all complaints to the Department of Elderly Affairs.

History.--s. 30, ch. 75-233; s. 3, ch. 76-168; s. 244, ch. 77-147; s. 11, ch. 77-401; s. 1, ch. 77-457; s. 19, ch. 78-95; ss. 14, 18, ch. 80-186; ss. 9, 12, ch. 80-198; ss. 4, 6, ch. 81-184; ss. 2, 3, ch. 81-318; s. 4, ch. 82-46; ss. 17, 19, ch. 82-148; ss. 38, 79, 83, ch. 83-181; s. 17, ch. 90-347; ss. 8, 29, 30, ch. 93-177; s. 49, ch. 93-217; s. 762, ch. 95-148; s. 42, ch. 95-196.

¹Note.--The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.

Note.--Former s. 400.317.