Bill Text: FL H4045 | 2011 | Regular Session | Comm Sub

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Bill Title: Assisted Living Facilities

Spectrum:

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1163 [H4045 Detail]

Download: Florida-2011-H4045-Comm_Sub.html

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CS for HB 4045, HB 4047, HB 4049, HB 4051 & HB 4053

1	A bill to be entitled
2	An act relating to assisted living facilities; amending s.
3	429.19, F.S.; removing a requirement that the Agency for
4	Health Care Administration disseminate annually a printed
5	list of assisted living facilities sanctioned or fined to
6	specified agencies and departments; amending s. 429.23,
7	F.S.; removing reporting requirements for assisted living
8	facilities relating to liability claims; amending s.
9	429.35, F.S.; removing an obsolete reporting requirement;
10	amending s. 429.41, F.S.; removing a provision requiring
11	the Department of Elderly Affairs to submit to the
12	Legislature for review and comment a copy of proposed
13	department rules establishing standards for resident care;
14	repealing s. 429.54, F.S.; repealing a provision
15	authorizing the Department of Elderly Affairs to collect
16	information regarding the cost of providing certain
17	services in facilities and to conduct field visits and
18	audits; repealing a provision authorizing a local subsidy;
19	providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsection (9) of section 429.19, Florida
24	Statutes, is amended to read:
25	429.19  Violations; imposition of administrative fines;
26	grounds.-
27	(9)  The agency shall develop and disseminate an annual
28	list of all facilities sanctioned or fined for violations of
29	state standards, the number and class of violations involved,
30	the penalties imposed, and the current status of cases. The list
31	shall be disseminated, at no charge, to the Department of
32	Elderly Affairs, the Department of Health, the Department of
33	Children and Family Services, the Agency for Persons with
34	Disabilities, the area agencies on aging, the Florida Statewide
35	Advocacy Council, and the state and local ombudsman councils.
36	The Department of Children and Family Services shall disseminate
37	the list to service providers under contract to the department
38	who are responsible for referring persons to a facility for
39	residency. The agency may charge a fee commensurate with the
40	cost of printing and postage to other interested parties
41	requesting a copy of this list. This information may be provided
42	electronically or through the agency's Internet site.
43	Section 2.  Subsections (6) through (10) of section 429.23,
44	Florida Statutes, are renumbered as subsections (5) through (9),
45	respectively, and present subsection (5) of that section is
46	amended to read:
47	429.23  Internal risk management and quality assurance
48	program; adverse incidents and reporting requirements.-
49	(5)  Each facility shall report monthly to the agency any
50	liability claim filed against it. The report must include the
51	name of the resident, the dates of the incident leading to the
52	claim, if applicable, and the type of injury or violation of
53	rights alleged to have occurred. This report is not discoverable
54	in any civil or administrative action, except in such actions
55	brought by the agency to enforce the provisions of this part.
56	Section 3.  Subsection (3) of section 429.35, Florida
57	Statutes, is renumbered as subsection (2), and present
58	subsection (2) of that section is amended to read:
59	429.35  Maintenance of records; reports.-
60	(2)  Within 60 days after the date of the biennial
61	inspection visit required under s. 408.811 or within 30 days
62	after the date of any interim visit, the agency shall forward
63	the results of the inspection to the local ombudsman council in
64	whose planning and service area, as defined in part II of
65	chapter 400, the facility is located; to at least one public
66	library or, in the absence of a public library, the county seat
67	in the county in which the inspected assisted living facility is
68	located; and, when appropriate, to the district Adult Services
69	and Mental Health Program Offices.
70	Section 4.  Subsections (4) and (5) of section 429.41,
71	Florida Statutes, are renumbered as subsections (3) and (4),
72	respectively, and present subsection (3) of that section is
73	amended to read:
74	429.41  Rules establishing standards.-
75	(3)  The department shall submit a copy of proposed rules
76	to the Speaker of the House of Representatives, the President of
77	the Senate, and appropriate committees of substance for review
78	and comment prior to the promulgation thereof. Rules promulgated
79	by the department shall encourage the development of homelike
80	facilities which promote the dignity, individuality, personal
81	strengths, and decisionmaking ability of residents.
82	Section 5.  Section 429.54, Florida Statutes, is repealed.
83	Section 6.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.