The Florida Senate

400.0073  State and local ombudsman council investigations.--

(1)  A local ombudsman council shall investigate any complaint of a resident or representative of a resident based on an action by an administrator or employee of a nursing home or long-term care facility which might be:

(a)  Contrary to law.

(b)  Unreasonable, unfair, oppressive, or unnecessarily discriminatory, even though in accordance with law.

(c)  Based on a mistake of fact.

(d)  Based on improper or irrelevant grounds.

(e)  Unaccompanied by an adequate statement of reasons.

(f)  Performed in an inefficient manner.

(g)  Otherwise erroneous.

(2)  In an investigation, both the state and local ombudsman councils have the authority to hold hearings.

(3)  Subsequent to an appeal from a local ombudsman council, the state ombudsman council may investigate any nursing home or long-term care facility.

(4)  In addition to any specific investigation made pursuant to a complaint, the local ombudsman council shall conduct, at least annually, an investigation, which shall consist, in part, of an onsite administrative inspection, of each nursing home or long-term care facility within its jurisdiction. This inspection shall focus on the rights, health, safety, and welfare of the residents.

(5)  Any onsite administrative inspection conducted by an ombudsman council shall be subject to the following:

(a)  All inspections shall be at times and for durations necessary to produce the information required to carry out the duties of the council.

(b)  No advance notice of an inspection shall be provided to any nursing home or long-term care facility, except that notice of followup inspections on specific problems may be provided.

(c)  Inspections shall be conducted in a manner which will impose no unreasonable burden on nursing homes or long-term care facilities, consistent with the underlying purposes of this part. Unnecessary duplication of efforts among council members or the councils shall be reduced to the extent possible.

(d)  Any ombudsman council member physically present for the inspection shall identify himself or herself and the statutory authority for his or her inspection of the facility.

(e)  Inspections may not unreasonably interfere with the programs and activities of clients within the facility. Ombudsman council members shall respect the rights of residents.

(f)  All inspections shall be limited to compliance with parts II, III, and VII of this chapter and 42 U.S.C. ss. 1396(a) et seq., and any rules or regulations promulgated pursuant to such laws.

(g)  No ombudsman council member shall enter a single-family residential unit within a long-term care facility without the permission of the resident or the representative of the resident.

(h)  Any inspection resulting from a specific complaint made to an ombudsman council concerning a facility shall be conducted within a reasonable time after the complaint is made.

(6)  An inspection may not be accomplished by forcible entry. Refusal of a long-term care facility to allow entry of any ombudsman council member constitutes a violation of part II, part III, or part VII of this chapter.

History.--s. 29, ch. 75-233; s. 3, ch. 76-168; s. 10, ch. 77-401; s. 1, ch. 77-457; ss. 8, 12, ch. 80-198; ss. 4, 6, ch. 81-184; ss. 2, 3, ch. 81-318; s. 4, ch. 82-46; ss. 16, 19, ch. 82-148; ss. 37, 79, 83, ch. 83-181; ss. 7, 29, 30, ch. 93-177; s. 49, ch. 93-217; s. 761, ch. 95-148; s. 127, ch. 2000-349; s. 47, ch. 2000-367; s. 1, ch. 2001-45.

Note.--Former s. 400.314.