Bill Text: FL S1212 | 2013 | Regular Session | Comm Sub
Bill Title: State Ombudsman Program
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Health Policy [S1212 Detail]
Download: Florida-2013-S1212-Comm_Sub.html
Florida Senate - 2013 CS for SB 1212
By the Committee on Children, Families, and Elder Affairs; and
Senator Soto
586-04340-13 20131212c1
1 A bill to be entitled
2 An act relating to the state ombudsman program;
3 amending s. 400.0060, F.S.; revising and providing
4 definitions; amending s. 400.0061, F.S.; revising
5 legislative intent with respect to citizen ombudsmen;
6 deleting references to ombudsman councils and
7 transferring their responsibilities to representatives
8 of the Office of State Long-Term Care Ombudsman;
9 amending s. 400.0063, F.S.; revising duties of the
10 office; amending s. 400.0065, F.S.; revising the
11 purpose of the Office of State Long-Term Care
12 Ombudsman; establishing districts; requiring the state
13 ombudsman to submit an annual report to the Governor,
14 the Legislature, and specified agencies and entities;
15 amending s. 400.0067, F.S.; revising duties and
16 membership of the State Long-Term Care Ombudsman
17 Council; amending s. 400.0069, F.S.; requiring the
18 state ombudsman to designate and direct program
19 districts; providing duties of representatives of the
20 office in the districts; providing for appointment and
21 qualifications of district ombudsmen; prohibiting
22 certain individuals from serving as ombudsmen;
23 amending s. 400.0070, F.S.; providing conditions under
24 which a representative of the office could be found to
25 have a conflict of interest; amending s. 400.0071,
26 F.S.; requiring the Department of Elderly Affairs to
27 consult with the state ombudsman before adopting rules
28 pertaining to complaint resolution; amending s.
29 400.0073, F.S.; providing procedures for investigation
30 of complaints; amending s. 400.0074, F.S.; revising
31 procedures for conducting onsite administrative
32 assessments; authorizing the department to adopt
33 rules; amending s. 400.0075, F.S.; revising complaint
34 notification and resolution procedures; amending s.
35 400.0078, F.S.; providing for a resident or
36 representative of a resident to receive additional
37 information regarding resident rights; amending s.
38 400.0079, F.S.; providing immunity from liability for
39 a representative of the office under certain
40 circumstances; amending s. 400.0081, F.S.; requiring
41 long-term care facilities to provide representatives
42 of the office with access to facilities, residents,
43 and records for certain purposes; amending s.
44 400.0083, F.S.; conforming provisions to changes made
45 by the act; amending s. 400.0087, F.S.; providing for
46 the office to coordinate ombudsman services with
47 Disability Rights Florida; amending s. 400.0089, F.S.;
48 conforming provisions to changes made by the act;
49 amending s. 400.0091, F.S.; revising training
50 requirements for representatives of the office and
51 ombudsmen; amending ss. 20.41, 400.021, 400.022,
52 400.0255, 400.1413, 400.162, 400.19, 400.191, 400.23,
53 400.235, 415.1034, 415.104, 415.1055, 415.106,
54 415.107, 429.02, 429.07, 429.19, 429.26, 429.28,
55 429.34, 429.35, 429.85, and 744.444, F.S.; conforming
56 provisions to changes made by the act; providing an
57 effective date.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Section 400.0060, Florida Statutes, is amended
62 to read:
63 400.0060 Definitions.—When used in this part, unless the
64 context clearly dictates otherwise, the term:
65 (1) “Administrative assessment” means a review of
66 conditions in a long-term care facility which impact the rights,
67 health, safety, and welfare of residents with the purpose of
68 noting needed improvement and making recommendations to enhance
69 the quality of life for residents.
70 (2) “Agency” means the Agency for Health Care
71 Administration.
72 (3) “Department” means the Department of Elderly Affairs.
73 (4) “District” means a geographical area designated by the
74 state ombudsman in which individuals certified as ombudsmen
75 carry out the duties of the state ombudsman program. “Local
76 council” means a local long-term care ombudsman council
77 designated by the ombudsman pursuant to s. 400.0069. Local
78 councils are also known as district long-term care ombudsman
79 councils or district councils.
80 (5) “Long-term care facility” means a nursing home
81 facility, assisted living facility, adult family-care home,
82 board and care facility, facility where continuing long-term
83 care is provided, or any other similar residential adult care
84 facility.
85 (6) “Office” means the Office of State Long-Term Care
86 Ombudsman created by s. 400.0063.
87 (7) “Ombudsman” means an individual who has been certified
88 by the state ombudsman as meeting the requirements of ss.
89 400.0069, 400.0070, and 400.0091 the individual appointed by the
90 Secretary of Elderly Affairs to head the Office of State Long
91 Term Care Ombudsman.
92 (8) “Representative of the office” means the state
93 ombudsman, an employee of the office, or an individual certified
94 as an ombudsman.
95 (9)(8) “Resident” means an individual 18 60 years of age or
96 older who resides in a long-term care facility.
97 (10)(9) “Secretary” means the Secretary of Elderly Affairs.
98 (11)(10) “State council” means the State Long-Term Care
99 Ombudsman Council created by s. 400.0067.
100 (12) “State ombudsman” means the individual appointed by
101 the Secretary of Elderly Affairs to head the Office of State
102 Long-Term Care Ombudsman.
103 (13) “State ombudsman program” means the program operating
104 under the direction of the office.
105 Section 2. Section 400.0061, Florida Statutes, is amended
106 to read:
107 400.0061 Legislative findings and intent; long-term care
108 facilities.—
109 (1) The Legislature finds that conditions in long-term care
110 facilities in this state are such that the rights, health,
111 safety, and welfare of residents are not fully ensured by rules
112 of the Department of Elderly Affairs or the Agency for Health
113 Care Administration or by the good faith of owners or operators
114 of long-term care facilities. Furthermore, there is a need for a
115 formal mechanism whereby a long-term care facility resident, a
116 representative of a long-term care facility resident, or any
117 other concerned citizen may make a complaint against the
118 facility or its employees, or against other persons who are in a
119 position to restrict, interfere with, or threaten the rights,
120 health, safety, or welfare of a long-term care facility
121 resident. The Legislature finds that concerned citizens are
122 often more effective advocates for the rights of others than
123 governmental agencies. The Legislature further finds that in
124 order to be eligible to receive an allotment of funds authorized
125 and appropriated under the federal Older Americans Act, the
126 state must establish and operate an Office of State Long-Term
127 Care Ombudsman, to be headed by the state Long-Term Care
128 ombudsman, and carry out a state long-term care ombudsman
129 program.
130 (2) It is the intent of the Legislature, therefore, to
131 utilize voluntary citizen ombudsmen ombudsman councils under the
132 leadership of the state ombudsman, and, through them, to operate
133 a state an ombudsman program, which shall, without interference
134 by any executive agency, undertake to discover, investigate, and
135 determine the presence of conditions or individuals who which
136 constitute a threat to the rights, health, safety, or welfare of
137 the residents of long-term care facilities. To ensure that the
138 effectiveness and efficiency of such investigations are not
139 impeded by advance notice or delay, the Legislature intends that
140 representatives of the office ombudsman and ombudsman councils
141 and their designated representatives not be required to obtain
142 warrants in order to enter into or conduct investigations or
143 onsite administrative assessments of long-term care facilities.
144 It is the further intent of the Legislature that the environment
145 in long-term care facilities be conducive to the dignity and
146 independence of residents and that investigations by
147 representatives of the office ombudsman councils shall further
148 the enforcement of laws, rules, and regulations that safeguard
149 the health, safety, and welfare of residents.
150 Section 3. Section 400.0063, Florida Statutes, is amended
151 to read:
152 400.0063 Establishment of Office of State Long-Term Care
153 Ombudsman; designation of ombudsman and legal advocate.—
154 (1) There is created an Office of State Long-Term Care
155 Ombudsman in the Department of Elderly Affairs.
156 (2)(a) The Office of State Long-Term Care Ombudsman shall
157 be headed by the state Long-Term Care ombudsman, who shall serve
158 on a full-time basis and shall personally, or through
159 representatives of the office, carry out the purposes and
160 functions of the state ombudsman program office in accordance
161 with state and federal law.
162 (b) The state ombudsman shall be appointed by and shall
163 serve at the pleasure of the Secretary of Elderly Affairs. The
164 secretary shall appoint a person who has expertise and
165 experience in the fields of long-term care and advocacy to serve
166 as state ombudsman.
167 (3)(a) There is created in the office the position of legal
168 advocate, who shall be selected by and serve at the pleasure of
169 the state ombudsman and shall be a member in good standing of
170 The Florida Bar.
171 (b) The duties of the legal advocate shall include, but not
172 be limited to:
173 1. Assisting the state ombudsman in carrying out the duties
174 of the office with respect to the abuse, neglect, exploitation,
175 or violation of rights of residents of long-term care
176 facilities.
177 2. Assisting the state council and representatives of the
178 office local councils in carrying out their responsibilities
179 under this part.
180 3. Pursuing administrative, legal, and other appropriate
181 remedies on behalf of residents.
182 4. Serving as legal counsel to the state council and
183 representatives of the office local councils, or individual
184 members thereof, against whom any suit or other legal action is
185 initiated in connection with the performance of the official
186 duties of the state ombudsman program councils or an individual
187 member.
188 Section 4. Section 400.0065, Florida Statutes, is amended
189 to read:
190 400.0065 Office of State Long-Term Care Ombudsman; duties
191 and responsibilities.—
192 (1) The purpose of the Office of State Long-Term Care
193 Ombudsman is shall be to:
194 (a) Identify, investigate, and resolve complaints made by
195 or on behalf of residents of long-term care facilities relating
196 to actions or omissions by providers or representatives of
197 providers of long-term care services, other public or private
198 agencies, guardians, or representative payees that may adversely
199 affect the health, safety, welfare, or rights of the residents.
200 (b) Provide services that assist in protecting the health,
201 safety, welfare, and rights of residents.
202 (c) Inform residents, their representatives, and other
203 citizens about obtaining the services of the state Long-Term
204 Care ombudsman program and its representatives.
205 (d) Ensure that residents have regular and timely access to
206 the services provided through the office and that residents and
207 complainants receive timely responses from representatives of
208 the office to their complaints.
209 (e) Represent the interests of residents before
210 governmental agencies and seek administrative, legal, and other
211 remedies to protect the health, safety, welfare, and rights of
212 the residents.
213 (f) Administer the state council and local councils.
214 (g) Analyze, comment on, and monitor the development and
215 implementation of federal, state, and local laws, rules, and
216 regulations, and other governmental policies and actions, that
217 pertain to the health, safety, welfare, and rights of the
218 residents, with respect to the adequacy of long-term care
219 facilities and services in the state, and recommend any changes
220 in such laws, rules, regulations, policies, and actions as the
221 office determines to be appropriate and necessary.
222 (h) Provide technical support for the development of
223 resident and family councils to protect the well-being and
224 rights of residents.
225 (2) The state Long-Term Care ombudsman has shall have the
226 duty and authority to:
227 (a) Establish and coordinate districts local councils
228 throughout the state.
229 (b) Perform the duties specified in state and federal law,
230 rules, and regulations.
231 (c) Within the limits of appropriated federal and state
232 funding, employ such personnel as are necessary to perform
233 adequately the functions of the office and provide or contract
234 for legal services to assist the state council and
235 representatives of the office local councils in the performance
236 of their duties. Staff positions established for the purpose of
237 coordinating the activities of each local council and assisting
238 its members may be filled by the ombudsman after approval by the
239 secretary. Notwithstanding any other provision of this part,
240 upon certification by the ombudsman that the staff member hired
241 to fill any such position has completed the initial training
242 required under s. 400.0091, such person shall be considered a
243 representative of the State Long-Term Care Ombudsman Program for
244 purposes of this part.
245 (d) Contract for services necessary to carry out the
246 activities of the office.
247 (e) Apply for, receive, and accept grants, gifts, or other
248 payments, including, but not limited to, real property, personal
249 property, and services from a governmental entity or other
250 public or private entity or person, and make arrangements for
251 the use of such grants, gifts, or payments.
252 (f) Coordinate, to the greatest extent possible, state and
253 local ombudsman services with the protection and advocacy
254 systems for individuals with developmental disabilities and
255 mental illnesses and with legal assistance programs for the poor
256 through adoption of memoranda of understanding and other means.
257 (g) Enter into a cooperative agreement with the Statewide
258 Advocacy Council for the purpose of coordinating and avoiding
259 duplication of advocacy services provided to residents.
260 (g)(h) Enter into a cooperative agreement with the Medicaid
261 Fraud Division as prescribed under s. 731(e)(2)(B) of the Older
262 Americans Act.
263 (h)(i) Prepare an annual report describing the activities
264 carried out by the office, the state council, and the districts
265 local councils in the year for which the report is prepared. The
266 state ombudsman shall submit the report to the secretary, the
267 United States Assistant Secretary for Aging, the Governor, the
268 President of the Senate, the Speaker of the House of
269 Representatives, the Secretary of Children and Families, and the
270 Secretary of Health Care Administration at least 30 days before
271 the convening of the regular session of the Legislature. The
272 secretary shall in turn submit the report to the United States
273 Assistant Secretary for Aging, the Governor, the President of
274 the Senate, the Speaker of the House of Representatives, the
275 Secretary of Children and Family Services, and the Secretary of
276 Health Care Administration. The report shall, at a minimum:
277 1. Contain and analyze data collected concerning complaints
278 about and conditions in long-term care facilities and the
279 disposition of such complaints.
280 2. Evaluate the problems experienced by residents.
281 3. Analyze the successes of the state ombudsman program
282 during the preceding year, including an assessment of how
283 successfully the office program has carried out its
284 responsibilities under the Older Americans Act.
285 4. Provide recommendations for policy, regulatory, and
286 statutory changes designed to solve identified problems; resolve
287 residents’ complaints; improve residents’ lives and quality of
288 care; protect residents’ rights, health, safety, and welfare;
289 and remove any barriers to the optimal operation of the state
290 Long-Term Care ombudsman program.
291 5. Contain recommendations from the state Long-Term Care
292 Ombudsman council regarding program functions and activities and
293 recommendations for policy, regulatory, and statutory changes
294 designed to protect residents’ rights, health, safety, and
295 welfare.
296 6. Contain any relevant recommendations from
297 representatives of the office local councils regarding program
298 functions and activities.
299 Section 5. Section 400.0067, Florida Statutes, is amended
300 to read:
301 400.0067 State Long-Term Care Ombudsman Council; duties;
302 membership.—
303 (1) There is created, within the Office of State Long-Term
304 Care Ombudsman, the State Long-Term Care Ombudsman Council.
305 (2) The state Long-Term Care Ombudsman council shall:
306 (a) Serve as an advisory body to assist the state ombudsman
307 in reaching a consensus among districts local councils on issues
308 affecting residents and impacting the optimal operation of the
309 program.
310 (b) Serve as an appellate body in receiving from the
311 districts local councils complaints not resolved at the district
312 local level. Any individual member or members of the state
313 council may enter any long-term care facility involved in an
314 appeal, pursuant to the conditions specified in s. 400.0074(2).
315 (c) Assist the state ombudsman to discover, investigate,
316 and determine the existence of abuse or neglect in any long-term
317 care facility, and work with the adult protective services
318 program as required in ss. 415.101-415.113.
319 (d) Assist the state ombudsman in eliciting, receiving,
320 responding to, and resolving complaints made by or on behalf of
321 residents.
322 (e) Elicit and coordinate state, district local, and
323 voluntary organizational assistance for the purpose of improving
324 the care received by residents.
325 (f) Assist the state ombudsman in preparing the annual
326 report described in s. 400.0065.
327 (3) The state Long-Term Care Ombudsman council shall be
328 composed of one active certified ombudsman from each district
329 local council member elected by each local council plus three
330 at-large members appointed by the secretary Governor.
331 (a) Each district manager, in consultation with the
332 district ombudsmen, shall select a district ombudsman local
333 council shall elect by majority vote a representative from among
334 the council members to represent the interests of the district
335 local council on the state council. A local council chair may
336 not serve as the representative of the local council on the
337 state council.
338 (b)1. The state ombudsman secretary, after consulting with
339 the ombudsman, shall submit to the secretary Governor a list of
340 individuals persons recommended for appointment to the at-large
341 positions on the state council. The list may shall not include
342 the name of any individual person who is currently serving in a
343 district on a local council.
344 2. The secretary Governor shall appoint three at-large
345 members chosen from the list.
346 3. If the secretary Governor does not appoint an at-large
347 member to fill a vacant position within 60 days after the list
348 is submitted, the state secretary, after consulting with the
349 ombudsman, shall appoint an at-large member to fill that vacant
350 position.
351 (4)(a)(c)1. All State council members shall serve 3-year
352 terms.
353 2. A member of the state council may not serve more than
354 two consecutive terms.
355 (b)3. A district manager, in consultation with the district
356 ombudsmen, local council may recommend replacement removal of
357 its selected ombudsman on elected representative from the state
358 council by a majority vote. If the district manager, in
359 consultation with the district ombudsmen, selects a replacement
360 ombudsman, council votes to remove its representative, the local
361 council chair shall immediately notify the state ombudsman must
362 be notified. The secretary shall advise the Governor of the
363 local council’s vote upon receiving notice from the ombudsman.
364 (c)4. The position of any member missing three state
365 council meetings within a 1-year period without cause may be
366 declared vacant by the state ombudsman. The findings of the
367 state ombudsman regarding cause shall be final and binding.
368 (d)5. Any vacancy on the state council shall be filled in
369 the same manner as the original appointment.
370 (e)(d)1. The state council shall elect a chair to serve for
371 a term of 1 year. A chair may not serve more than two
372 consecutive terms.
373 2. The chair shall select a vice chair from among the
374 members. The vice chair shall preside over the state council in
375 the absence of the chair.
376 3. The chair may create additional executive positions as
377 necessary to carry out the duties of the state council. Any
378 person appointed to an executive position shall serve at the
379 pleasure of the chair, and his or her term shall expire on the
380 same day as the term of the chair.
381 4. A chair may be immediately removed from office before
382 prior to the expiration of his or her term by a vote of two
383 thirds of all state council members present at any meeting at
384 which a quorum is present. If a chair is removed from office
385 before prior to the expiration of his or her term, a replacement
386 chair shall be chosen during the same meeting in the same manner
387 as described in this paragraph, and the term of the replacement
388 chair shall begin immediately. The replacement chair shall serve
389 for the remainder of the term and is eligible to serve two
390 subsequent consecutive terms.
391 (f)(e)1. The state council shall meet upon the call of the
392 chair or upon the call of the state ombudsman. The state council
393 shall meet at least quarterly but may meet more frequently as
394 needed.
395 2. A quorum shall be considered present if more than 50
396 percent of all active state council members are in attendance at
397 the same meeting.
398 3. The state council may not vote on or otherwise make any
399 decisions resulting in a recommendation that will directly
400 impact the state council or any district local council, outside
401 of a publicly noticed meeting at which a quorum is present.
402 (g)(f) Members shall receive no compensation but shall,
403 with approval from the state ombudsman, be reimbursed for per
404 diem and travel expenses as provided in s. 112.061.
405 Section 6. Section 400.0069, Florida Statutes, is amended
406 to read:
407 400.0069 Local Long-term care ombudsman districts councils;
408 duties; appointment membership.—
409 (1)(a) The state ombudsman shall designate districts local
410 long-term care ombudsman councils to carry out the duties of the
411 state Long-Term Care ombudsman program within local communities.
412 Each district local council shall function under the direction
413 of the state ombudsman.
414 (b) The state ombudsman shall ensure that there are
415 representatives of the office is at least one local council
416 operating in each district of the department’s planning and
417 service areas. The ombudsman may create additional local
418 councils as necessary to ensure that residents throughout the
419 state have adequate access to state Long-Term Care ombudsman
420 program services. The ombudsman, after approval from the
421 secretary, shall designate the jurisdictional boundaries of each
422 local council.
423 (2) The duties of the representatives of the office in the
424 districts local councils are to:
425 (a) Provide services to assist in Serve as a third-party
426 mechanism for protecting the health, safety, welfare, and civil
427 and human rights of residents.
428 (b) Discover, investigate, and determine the existence of
429 abuse, or neglect, or exploitation using in any long-term care
430 facility and to use the procedures provided for in ss. 415.101
431 415.113 when applicable.
432 (c) Identify Elicit, receive, investigate, respond to, and
433 resolve complaints made by or on behalf of residents relating to
434 actions or omissions by providers or representatives of
435 providers of long-term care services, other public or private
436 agencies, guardians, or representative payees that may adversely
437 affect the health, safety, welfare, or rights of residents.
438 (d) Review and, if necessary, comment on all existing or
439 proposed rules, regulations, and other governmental policies and
440 actions relating to long-term care facilities that may
441 potentially have an effect on the rights, health, safety, and
442 welfare of residents.
443 (e) Review personal property and money accounts of
444 residents who are receiving assistance under the Medicaid
445 program pursuant to an investigation to obtain information
446 regarding a specific complaint or problem.
447 (f) Recommend that the state ombudsman and the legal
448 advocate seek administrative, legal, and other remedies to
449 protect the health, safety, welfare, and rights of the
450 residents.
451 (g) Provide technical assistance for the development of
452 resident and family councils within long-term care facilities.
453 (h)(g) Carry out other activities that the state ombudsman
454 determines to be appropriate.
455 (3) In order to carry out the duties specified in
456 subsection (2), a representative of the office may member of a
457 local council is authorized to enter any long-term care facility
458 without notice or without first obtaining a warrant; however,
459 subject to the provisions of s. 400.0074(2) may apply regarding
460 notice of a followup administrative assessment.
461 (4) Each district local council shall be composed of
462 ombudsmen members whose primary residences are residence is
463 located within the boundaries of the district local council’s
464 jurisdiction.
465 (a) Upon good cause shown, the state ombudsman, in his or
466 her sole discretion, may appoint an ombudsman to another
467 district. The ombudsman shall strive to ensure that each local
468 council include the following persons as members:
469 1. At least one medical or osteopathic physician whose
470 practice includes or has included a substantial number of
471 geriatric patients and who may practice in a long-term care
472 facility;
473 2. At least one registered nurse who has geriatric
474 experience;
475 3. At least one licensed pharmacist;
476 4. At least one registered dietitian;
477 5. At least six nursing home residents or representative
478 consumer advocates for nursing home residents;
479 6. At least three residents of assisted living facilities
480 or adult family-care homes or three representative consumer
481 advocates for alternative long-term care facility residents;
482 7. At least one attorney; and
483 8. At least one professional social worker.
484 (b) The following individuals may not be appointed as
485 ombudsmen:
486 1. The owner or representative of a long-term care
487 facility.
488 2. A provider or representative of a provider of long-term
489 care services.
490 3. An employee of the agency.
491 4. An employee of the department, except for a
492 representative of the office.
493 5. An employee of the Department of Children and Families.
494 6. An employee of the Agency for Persons with Disabilities.
495 In no case shall the medical director of a long-term care
496 facility or an employee of the agency, the department, the
497 Department of Children and Family Services, or the Agency for
498 Persons with Disabilities serve as a member or as an ex officio
499 member of a council.
500 (5)(a) To be appointed as an ombudsman, an individual must:
501 1. Individuals wishing to join a local council shall Submit
502 an application to the state ombudsman or his or her designee.
503 2. Successfully complete level 2 background screening
504 pursuant to s. 430.0402 and chapter 435. The ombudsman shall
505 review the individual’s application and advise the secretary of
506 his or her recommendation for approval or disapproval of the
507 candidate’s membership on the local council. If the secretary
508 approves of the individual’s membership, the individual shall be
509 appointed as a member of the local council.
510 (b) The state ombudsman shall approve or deny the
511 appointment of the individual as an ombudsman. The secretary may
512 rescind the ombudsman’s approval of a member on a local council
513 at any time. If the secretary rescinds the approval of a member
514 on a local council, the ombudsman shall ensure that the
515 individual is immediately removed from the local council on
516 which he or she serves and the individual may no longer
517 represent the State Long-Term Care Ombudsman Program until the
518 secretary provides his or her approval.
519 (c) Upon appointment as an ombudsman, the individual may
520 participate in district activities but may not represent the
521 office or conduct any authorized program duties until the
522 individual has completed the initial training specified in s.
523 400.0091(1) and has been certified by the state ombudsman.
524 (d) The state ombudsman, for good cause shown, such as
525 development of a conflict of interest, failure to adhere to the
526 policies and procedures established by the office, or
527 demonstrated inability to carry out the responsibilities of the
528 office, may rescind the appointment of an individual as an
529 ombudsman. After the appointment is rescinded, the individual
530 may not conduct any duties as an ombudsman and may not represent
531 the office or the state ombudsman program. A local council may
532 recommend the removal of one or more of its members by
533 submitting to the ombudsman a resolution adopted by a two-thirds
534 vote of the members of the council stating the name of the
535 member or members recommended for removal and the reasons for
536 the recommendation. If such a recommendation is adopted by a
537 local council, the local council chair or district coordinator
538 shall immediately report the council’s recommendation to the
539 ombudsman. The ombudsman shall review the recommendation of the
540 local council and advise the secretary of his or her
541 recommendation regarding removal of the council member or
542 members.
543 (6)(a) Each local council shall elect a chair for a term of
544 1 year. There shall be no limitation on the number of terms that
545 an approved member of a local council may serve as chair.
546 (b) The chair shall select a vice chair from among the
547 members of the council. The vice chair shall preside over the
548 council in the absence of the chair.
549 (c) The chair may create additional executive positions as
550 necessary to carry out the duties of the local council. Any
551 person appointed to an executive position shall serve at the
552 pleasure of the chair, and his or her term shall expire on the
553 same day as the term of the chair.
554 (d) A chair may be immediately removed from office prior to
555 the expiration of his or her term by a vote of two-thirds of the
556 members of the local council. If any chair is removed from
557 office prior to the expiration of his or her term, a replacement
558 chair shall be elected during the same meeting, and the term of
559 the replacement chair shall begin immediately. The replacement
560 chair shall serve for the remainder of the term of the person he
561 or she replaced.
562 (7) Each local council shall meet upon the call of its
563 chair or upon the call of the ombudsman. Each local council
564 shall meet at least once a month but may meet more frequently if
565 necessary.
566 (6)(8) An ombudsman may not A member of a local council
567 shall receive no compensation but shall, with approval from the
568 state ombudsman, be reimbursed for travel expenses both within
569 and outside the jurisdiction of the local council in accordance
570 with the provisions of s. 112.061.
571 (7)(9) The representatives of the office local councils are
572 authorized to call upon appropriate state agencies of state
573 government for such professional assistance as may be needed in
574 the discharge of their duties, and such. All state agencies
575 shall cooperate with the local councils in providing requested
576 information and agency representation at council meetings.
577 Section 7. Section 400.0070, Florida Statutes, is amended
578 to read:
579 400.0070 Conflicts of interest.—
580 (1) A representative of the office The ombudsman shall not:
581 (a) Have a direct involvement in the licensing or
582 certification of, or an ownership or investment interest in, a
583 long-term care facility or a provider of a long-term care
584 service.
585 (b) Be employed by, or participate in the management of, a
586 long-term care facility.
587 (c) Receive, or have a right to receive, directly or
588 indirectly, remuneration, in cash or in kind, under a
589 compensation agreement with the owner or operator of a long-term
590 care facility.
591 (2) Each representative employee of the office, each state
592 council member, and each local council member shall certify that
593 he or she has no conflict of interest.
594 (3) The department, in consultation with the state
595 ombudsman, shall define by rule:
596 (a) Situations that constitute an individual’s a person
597 having a conflict of interest that could materially affect the
598 objectivity or capacity of the individual a person to serve as a
599 representative on an ombudsman council, or as an employee of the
600 office, while carrying out the purposes of the State Long-Term
601 Care Ombudsman Program as specified in this part.
602 (b) The procedure by which an individual a person listed in
603 subsection (2) shall certify that he or she has no conflict of
604 interest.
605 Section 8. Section 400.0071, Florida Statutes, is amended
606 to read:
607 400.0071 State Long-Term Care ombudsman program complaint
608 procedures.—The department, in consultation with the state
609 ombudsman, shall adopt rules implementing state and local
610 complaint procedures. The rules must include procedures for
611 receiving, investigating, identifying, and resolving complaints
612 concerning the health, safety, welfare, and rights of residents:
613 (1) Receiving complaints against a long-term care facility
614 or an employee of a long-term care facility.
615 (2) Conducting investigations of a long-term care facility
616 or an employee of a long-term care facility subsequent to
617 receiving a complaint.
618 (3) Conducting onsite administrative assessments of long
619 term care facilities.
620 Section 9. Section 400.0073, Florida Statutes, is amended
621 to read:
622 400.0073 Complaint State and local ombudsman council
623 investigations.—
624 (1) A representative of the office local council shall
625 identify and investigate, within a reasonable time after a
626 complaint is made, any complaint made by or on behalf of a
627 resident that, a representative of a resident, or any other
628 credible source based on an action or omission by an
629 administrator, an employee, or a representative of a long-term
630 care facility which might be:
631 (a) Contrary to law;
632 (b) Unreasonable, unfair, oppressive, or unnecessarily
633 discriminatory, even though in accordance with law;
634 (c) Based on a mistake of fact;
635 (d) Based on improper or irrelevant grounds;
636 (e) Unaccompanied by an adequate statement of reasons;
637 (f) Performed in an inefficient manner; or
638 (g) Otherwise adversely affecting the health, safety,
639 welfare, or rights of a resident.
640 (2) In an investigation, both the state and local councils
641 have the authority to hold public hearings.
642 (3) Subsequent to an appeal from a local council, the state
643 council may investigate any complaint received by the local
644 council involving a long-term care facility or a resident.
645 (2)(4) If a representative of the office the ombudsman or
646 any state or local council member is not allowed to enter a
647 long-term care facility, the administrator of the facility shall
648 be considered to have interfered with a representative of the
649 office, the state council, or the local council in the
650 performance of official duties as described in s. 400.0083(1)
651 and to have committed a violation of this part. The
652 representative of the office ombudsman shall report a facility’s
653 refusal to allow entry to the facility to the state ombudsman or
654 his or her designee, who shall then report the incident to the
655 agency, and the agency shall record the report and take it into
656 consideration when determining actions allowable under s.
657 400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
658 429.71.
659 Section 10. Section 400.0074, Florida Statutes, is amended
660 to read:
661 400.0074 Local ombudsman council Onsite administrative
662 assessments.—
663 (1) A representative of the office must In addition to any
664 specific investigation conducted pursuant to a complaint, the
665 local council shall conduct, at least annually, an onsite
666 administrative assessment of each nursing home, assisted living
667 facility, and adult family-care home within its jurisdiction.
668 This administrative assessment must be resident-centered and
669 must shall focus on factors affecting the rights, health,
670 safety, and welfare of the residents. Each local council is
671 encouraged to conduct a similar onsite administrative assessment
672 of each additional long-term care facility within its
673 jurisdiction.
674 (2) An onsite administrative assessment is conducted by a
675 local council shall be subject to the following conditions:
676 (a) To the extent possible and reasonable, the
677 administrative assessment assessments shall not duplicate the
678 efforts of the agency surveys and inspections conducted by state
679 agencies of long-term care facilities under part II of this
680 chapter and parts I and II of chapter 429.
681 (b) An administrative assessment shall be conducted at a
682 time and for a duration necessary to produce the information
683 required to complete the assessment carry out the duties of the
684 local council.
685 (c) Advance notice of an administrative assessment may not
686 be provided to a long-term care facility, except that notice of
687 followup assessments on specific problems may be provided.
688 (d) A representative of the office local council member
689 physically present for the administrative assessment must shall
690 identify himself or herself to the administrator and cite the
691 specific statutory authority for his or her assessment of the
692 facility or his or her designee.
693 (e) An administrative assessment may not unreasonably
694 interfere with the programs and activities of residents.
695 (f) A representative of the office local council member may
696 not enter a single-family residential unit within a long-term
697 care facility during an administrative assessment without the
698 permission of the resident or the representative of the
699 resident.
700 (g) An administrative assessment must be conducted in a
701 manner that will impose no unreasonable burden on a long-term
702 care facility.
703 (3) Regardless of jurisdiction, the ombudsman may authorize
704 a state or local council member to assist another local council
705 to perform the administrative assessments described in this
706 section.
707 (3)(4) An onsite administrative assessment may not be
708 accomplished by forcible entry. However, if a representative of
709 the office ombudsman or a state or local council member is not
710 allowed to enter a long-term care facility, the administrator of
711 the facility shall be considered to have interfered with a
712 representative of the office, the state council, or the local
713 council in the performance of official duties as described in s.
714 400.0083(1) and to have committed a violation of this part. The
715 representative of the office ombudsman shall report the refusal
716 by a facility to allow entry to the state ombudsman or his or
717 her designee, who shall then report the incident to the agency,
718 and the agency shall record the report and take it into
719 consideration when determining actions allowable under s.
720 400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
721 429.71.
722 (4) The department, in consultation with the state
723 ombudsman, may adopt rules implementing procedures for
724 conducting onsite administrative assessments of long-term care
725 facilities.
726 Section 11. Section 400.0075, Florida Statutes, is amended
727 to read:
728 400.0075 Complaint notification and resolution procedures.—
729 (1)(a) Any complaint or problem verified by a
730 representative of the office an ombudsman council as a result of
731 an investigation may or onsite administrative assessment, which
732 complaint or problem is determined to require remedial action by
733 the local council, shall be identified and brought to the
734 attention of the long-term care facility administrator subject
735 to the confidentiality provisions of s. 400.0077 in writing.
736 Upon receipt of the information such document, the
737 administrator, with the concurrence of the representative of the
738 office local council chair, shall establish target dates for
739 taking appropriate remedial action. If, by the target date, the
740 remedial action is not completed or forthcoming, the
741 representative may extend the target date if there is reason to
742 believe such action would facilitate the resolution of the
743 complaint, or the representative may refer the complaint to the
744 district manager local council chair may, after obtaining
745 approval from the ombudsman and a majority of the members of the
746 local council:
747 1. Extend the target date if the chair has reason to
748 believe such action would facilitate the resolution of the
749 complaint.
750 2. In accordance with s. 400.0077, publicize the complaint,
751 the recommendations of the council, and the response of the
752 long-term care facility.
753 3. Refer the complaint to the state council.
754 (b) If an ombudsman determines the local council chair
755 believes that the health, safety, welfare, or rights of a the
756 resident are in imminent danger, the ombudsman must immediately
757 notify the district manager. The district manager chair shall
758 notify the ombudsman or legal advocate, who, after verifying
759 that such imminent danger exists, must notify the appropriate
760 state agencies, including law enforcement, the state ombudsman,
761 and the legal advocate to ensure the protection of shall seek
762 immediate legal or administrative remedies to protect the
763 resident.
764 (c) If the state ombudsman or legal advocate has reason to
765 believe that the long-term care facility or an employee of the
766 facility has committed a criminal act, the state ombudsman or
767 legal advocate shall provide the local law enforcement agency
768 with the relevant information to initiate an investigation of
769 the case.
770 (2)(a) Upon referral from a district local council, the
771 state ombudsman or his or her designee council shall assume the
772 responsibility for the disposition of the complaint. If a long
773 term care facility fails to take action to resolve or remedy the
774 on a complaint by the state council, the state ombudsman council
775 may, after obtaining approval from the ombudsman and a majority
776 of the state council members:
777 (a)1. In accordance with s. 400.0077, publicize the
778 complaint, the recommendations of the representatives of the
779 office local or state council, and the response of the long-term
780 care facility.
781 (b)2. Recommend to the department and the agency a series
782 of facility reviews pursuant to s. 400.19, s. 429.34, or s.
783 429.67 to ensure correction and nonrecurrence of the conditions
784 that gave give rise to the complaint complaints against the a
785 long-term care facility.
786 (c)3. Recommend to the department and the agency that the
787 long-term care facility no longer receive payments under any
788 state assistance program, including Medicaid.
789 (d)4. Recommend to the department and the agency that
790 procedures be initiated for action against revocation of the
791 long-term care facility’s license in accordance with chapter
792 120.
793 (b) If the state council chair believes that the health,
794 safety, welfare, or rights of the resident are in imminent
795 danger, the chair shall notify the ombudsman or legal advocate,
796 who, after verifying that such imminent danger exists, shall
797 seek immediate legal or administrative remedies to protect the
798 resident.
799 (3)(c) If the state ombudsman, after consultation with the
800 legal advocate, has reason to believe that the long-term care
801 facility or an employee of the facility has committed a criminal
802 act, the office ombudsman shall provide local law enforcement
803 with the relevant information to initiate an investigation of
804 the case.
805 Section 12. Section 400.0078, Florida Statutes, is amended
806 to read:
807 400.0078 Citizen access to state Long-Term Care ombudsman
808 program services.—
809 (1) The office shall establish a statewide toll-free
810 telephone number and e-mail address for receiving complaints
811 concerning matters adversely affecting the health, safety,
812 welfare, or rights of residents.
813 (2) Every resident or representative of a resident shall
814 receive, Upon admission to a long-term care facility, each
815 resident or representative of a resident must receive
816 information regarding:
817 (a) The purpose of the state Long-Term Care ombudsman
818 program.,
819 (b) The statewide toll-free telephone number and e-mail
820 address for receiving complaints., and
821 (c) Information that retaliatory action cannot be taken
822 against a resident for presenting grievances or for exercising
823 any other resident rights.
824 (d) Other relevant information regarding how to contact
825 representatives of the office program.
826
827 Residents or their representatives must be furnished additional
828 copies of this information upon request.
829 Section 13. Section 400.0079, Florida Statutes, is amended
830 to read:
831 400.0079 Immunity.—
832 (1) Any person making a complaint pursuant to this part who
833 does so in good faith shall be immune from any liability, civil
834 or criminal, that otherwise might be incurred or imposed as a
835 direct or indirect result of making the complaint.
836 (2) Representatives of the office and The ombudsman or any
837 person authorized by the ombudsman to act on behalf of the
838 office, as well as all members of the state council and local
839 councils, shall be immune from any liability, civil or criminal,
840 that otherwise might be incurred or imposed during the good
841 faith performance of official duties.
842 Section 14. Section 400.0081, Florida Statutes, is amended
843 to read:
844 400.0081 Access to facilities, residents, and records.—
845 (1) A long-term care facility shall provide representatives
846 of the office with, the state council and its members, and the
847 local councils and their members access to:
848 (a) Access to Any portion of the long-term care facility
849 and residents any resident as necessary to investigate or
850 resolve a complaint.
851 (b) Appropriate access to medical and social records of a
852 resident for review as necessary to investigate or resolve a
853 complaint, if:
854 1. The representative of the office has the permission of
855 the resident or the legal representative of the resident; or
856 2. The resident is unable to consent to the review and has
857 no legal representative.
858 (c) Access to medical and social records of a the resident
859 as necessary to investigate or resolve a complaint, if:
860 1. A legal representative or guardian of the resident
861 refuses to give permission;
862 2. A representative of the office has reasonable cause to
863 believe that the legal representative or guardian is not acting
864 in the best interests of the resident; and
865 3. The representative of the office state or local council
866 member obtains the approval of the state ombudsman.
867 (d) Access to the administrative records, policies, and
868 documents to which residents or the general public have access.
869 (e) Upon request, copies of all licensing and certification
870 records maintained by the state with respect to a long-term care
871 facility.
872 (2) The department, in consultation with the state
873 ombudsman and the state council, may adopt rules to establish
874 procedures to ensure access to facilities, residents, and
875 records as described in this section.
876 Section 15. Section 400.0083, Florida Statutes, is amended
877 to read:
878 400.0083 Interference; retaliation; penalties.—
879 (1) It shall be unlawful for any person, long-term care
880 facility, or other entity to willfully interfere with a
881 representative of the office or, the state council, or a local
882 council in the performance of official duties.
883 (2) It shall be unlawful for any person, long-term care
884 facility, or other entity to knowingly or willfully take action
885 or retaliate against any resident, employee, or other person for
886 filing a complaint with, providing information to, or otherwise
887 cooperating with any representative of the office or, the state
888 council, or a local council.
889 (3) Any person, long-term care facility, or other entity
890 that violates this section:
891 (a) Shall be liable for damages and equitable relief as
892 determined by law.
893 (b) Commits a misdemeanor of the second degree, punishable
894 as provided in s. 775.083.
895 Section 16. Section 400.0087, Florida Statutes, is amended
896 to read:
897 400.0087 Department oversight; funding.—
898 (1) The department shall meet the costs associated with the
899 state Long-Term Care ombudsman program from funds appropriated
900 to it.
901 (a) The department shall include the costs associated with
902 support of the state Long-Term Care ombudsman program when
903 developing its budget requests for consideration by the Governor
904 and submittal to the Legislature.
905 (b) The department may divert from the federal ombudsman
906 appropriation an amount equal to the department’s administrative
907 cost ratio to cover the costs associated with administering the
908 state ombudsman program. The remaining allotment from the Older
909 Americans Act program shall be expended on direct ombudsman
910 activities.
911 (2) The department shall monitor the office and, the state
912 council, and the local councils to ensure that each is carrying
913 out the duties delegated to it by state and federal law.
914 (3) The department is responsible for ensuring that the
915 office:
916 (a) Has the objectivity and independence required to
917 qualify it for funding under the federal Older Americans Act.
918 (b) Provides information to public and private agencies,
919 legislators, and others.
920 (c) Provides appropriate training to representatives of the
921 office or of the state or local councils.
922 (d) Coordinates ombudsman services with Disability Rights
923 Florida the Advocacy Center for Persons with Disabilities and
924 with providers of legal services to residents of long-term care
925 facilities in compliance with state and federal laws.
926 (4) The department shall also:
927 (a) Receive and disburse state and federal funds for
928 purposes that the state ombudsman has formulated in accordance
929 with the Older Americans Act.
930 (b) Whenever necessary, act as liaison between agencies and
931 branches of the federal and state governments and the office
932 State Long-Term Care Ombudsman Program.
933 Section 17. Section 400.0089, Florida Statutes, is amended
934 to read:
935 400.0089 Complaint data reports.—The office shall maintain
936 a statewide uniform reporting system to collect and analyze data
937 relating to complaints and conditions in long-term care
938 facilities and to residents for the purpose of identifying and
939 resolving significant complaints problems. The office shall
940 publish quarterly and make readily available information
941 pertaining to the number and types of complaints received by the
942 state Long-Term Care ombudsman program and shall include such
943 information in the annual report required under s. 400.0065.
944 Section 18. Section 400.0091, Florida Statutes, is amended
945 to read:
946 400.0091 Training.—The state ombudsman shall ensure that
947 appropriate training is provided to all representatives
948 employees of the office and to the members of the state and
949 local councils.
950 (1) All representatives state and local council members and
951 employees of the office shall be given a minimum of 20 hours of
952 training upon employment with the office or appointment as an
953 ombudsman. Ten approval as a state or local council member and
954 10 hours of continuing education are required annually
955 thereafter.
956 (2) The state ombudsman shall approve the curriculum for
957 the initial and continuing education training, which must, at a
958 minimum, address:
959 (a) Resident confidentiality.
960 (b) Guardianships and powers of attorney.
961 (c) Medication administration.
962 (d) Care and medication of residents with dementia and
963 Alzheimer’s disease.
964 (e) Accounting for residents’ funds.
965 (f) Discharge rights and responsibilities.
966 (g) Cultural sensitivity.
967 (h) Any other topic related to residency within a long-term
968 care facility recommended by the secretary.
969 (3) An individual No employee, officer, or representative
970 of the office or of the state or local councils, other than the
971 state ombudsman, may not hold himself or herself out as a
972 representative of the office State Long-Term Care Ombudsman
973 Program or conduct any authorized program duty described in this
974 part unless the individual person has received the training
975 required by this section and has been certified by the state
976 ombudsman as qualified to carry out ombudsman activities on
977 behalf of the office or the state or local councils.
978 Section 19. Subsection (4) of section 20.41, Florida
979 Statutes, is amended to read:
980 20.41 Department of Elderly Affairs.—There is created a
981 Department of Elderly Affairs.
982 (4) The department shall administer the Office of State
983 Long-Term Care Ombudsman Council, created by s. 400.0063
984 400.0067, and the local long-term care ombudsman councils,
985 created by s. 400.0069 and shall, as required by s. 712 of the
986 federal Older Americans Act of 1965, ensure that both the state
987 office operates and local long-term care ombudsman councils
988 operate in compliance with the Older Americans Act.
989 Section 20. Subsections (11) through (19) of section
990 400.021, Florida Statutes, are renumbered as subsections (10)
991 through (18), respectively, and present subsections (10) and
992 (18) are amended to read:
993 400.021 Definitions.—When used in this part, unless the
994 context otherwise requires, the term:
995 (10) “Local ombudsman council” means a local long-term care
996 ombudsman council established pursuant to s. 400.0069, located
997 within the Older Americans Act planning and service areas.
998 (17)(18) “State ombudsman program council” means the Office
999 of State Long-Term Care Ombudsman Council established pursuant
1000 to s. 400.0063 400.0067.
1001 Section 21. Paragraph (c) of subsection (1) and subsections
1002 (2) and (3) of section 400.022, Florida Statutes, are amended to
1003 read:
1004 400.022 Residents’ rights.—
1005 (1) All licensees of nursing home facilities shall adopt
1006 and make public a statement of the rights and responsibilities
1007 of the residents of such facilities and shall treat such
1008 residents in accordance with the provisions of that statement.
1009 The statement shall assure each resident the following:
1010 (c) Any entity or individual that provides health, social,
1011 legal, or other services to a resident has the right to have
1012 reasonable access to the resident. The resident has the right to
1013 deny or withdraw consent to access at any time by any entity or
1014 individual. Notwithstanding the visiting policy of the facility,
1015 the following individuals must be permitted immediate access to
1016 the resident:
1017 1. Any representative of the federal or state government,
1018 including, but not limited to, representatives of the Department
1019 of Children and Family Services, the Department of Health, the
1020 Agency for Health Care Administration, the Office of the
1021 Attorney General, and the Department of Elderly Affairs; any law
1022 enforcement officer; representatives members of the state or
1023 local ombudsman program council; and the resident’s individual
1024 physician.
1025 2. Subject to the resident’s right to deny or withdraw
1026 consent, immediate family or other relatives of the resident.
1027
1028 The facility must allow representatives of the state Long-Term
1029 Care ombudsman program Council to examine a resident’s clinical
1030 records with the permission of the resident or the resident’s
1031 legal representative and consistent with state law.
1032 (2) The licensee for each nursing home shall orally inform
1033 the resident of the resident’s rights and provide a copy of the
1034 statement required by subsection (1) to each resident or the
1035 resident’s legal representative at or before the resident’s
1036 admission to a facility. The licensee shall provide a copy of
1037 the resident’s rights to each staff member of the facility. Each
1038 such licensee shall prepare a written plan and provide
1039 appropriate staff training to implement the provisions of this
1040 section. The written statement of rights must include a
1041 statement that a resident may file a complaint with the agency
1042 or state local ombudsman program council. The statement must be
1043 in boldfaced type and shall include the name, address, and
1044 telephone number and e-mail address of the state numbers of the
1045 local ombudsman program council and the telephone number of the
1046 central abuse hotline where complaints may be lodged.
1047 (3) Any violation of the resident’s rights set forth in
1048 this section shall constitute grounds for action by the agency
1049 under the provisions of s. 400.102, s. 400.121, or part II of
1050 chapter 408. In order to determine whether the licensee is
1051 adequately protecting residents’ rights, the licensure
1052 inspection of the facility shall include private informal
1053 conversations with a sample of residents to discuss residents’
1054 experiences within the facility with respect to rights specified
1055 in this section and general compliance with standards, and
1056 consultation with the state ombudsman program council in the
1057 local planning and service area of the Department of Elderly
1058 Affairs in which the nursing home is located.
1059 Section 22. Subsections (8) and (9) and (11) through (14)
1060 of section 400.0255, Florida Statutes, are amended to read:
1061 400.0255 Resident transfer or discharge; requirements and
1062 procedures; hearings.—
1063 (8) The notice required by subsection (7) must be in
1064 writing and must contain all information required by state and
1065 federal law, rules, or regulations applicable to Medicaid or
1066 Medicare cases. The agency shall develop a standard document to
1067 be used by all facilities licensed under this part for purposes
1068 of notifying residents of a discharge or transfer. Such document
1069 must include a means for a resident to request the state local
1070 long-term care ombudsman program council to review the notice
1071 and request information about or assistance with initiating a
1072 fair hearing with the department’s Office of Appeals Hearings.
1073 In addition to any other pertinent information included, the
1074 form shall specify the reason allowed under federal or state law
1075 that the resident is being discharged or transferred, with an
1076 explanation to support this action. Further, the form shall
1077 state the effective date of the discharge or transfer and the
1078 location to which the resident is being discharged or
1079 transferred. The form shall clearly describe the resident’s
1080 appeal rights and the procedures for filing an appeal, including
1081 the right to request the state local ombudsman program council
1082 to review the notice of discharge or transfer. A copy of the
1083 notice must be placed in the resident’s clinical record, and a
1084 copy must be transmitted to the resident’s legal guardian or
1085 representative and to the state local ombudsman program council
1086 within 5 business days after signature by the resident or
1087 resident designee.
1088 (9) A resident may request that the state local ombudsman
1089 program council review any notice of discharge or transfer given
1090 to the resident. When requested by a resident to review a notice
1091 of discharge or transfer, the state local ombudsman program
1092 council shall do so within 7 days after receipt of the request.
1093 The nursing home administrator, or the administrator’s designee,
1094 must forward the request for review contained in the notice to
1095 the state local ombudsman program council within 24 hours after
1096 such request is submitted. Failure to forward the request within
1097 24 hours after the request is submitted shall toll the running
1098 of the 30-day advance notice period until the request has been
1099 forwarded.
1100 (11) Notwithstanding paragraph (10)(b), an emergency
1101 discharge or transfer may be implemented as necessary pursuant
1102 to state or federal law during the period of time after the
1103 notice is given and before the time a hearing decision is
1104 rendered. Notice of an emergency discharge or transfer to the
1105 resident, the resident’s legal guardian or representative, and
1106 the state local ombudsman program council if requested pursuant
1107 to subsection (9) must be by telephone or in person. This notice
1108 shall be given before the transfer, if possible, or as soon
1109 thereafter as practicable. A representative of the state local
1110 ombudsman program council conducting a review under this
1111 subsection shall do so within 24 hours after receipt of the
1112 request. The resident’s file must be documented to show who was
1113 contacted, whether the contact was by telephone or in person,
1114 and the date and time of the contact. If the notice is not given
1115 in writing, written notice meeting the requirements of
1116 subsection (8) must be given the next working day.
1117 (12) After receipt of any notice required under this
1118 section, the state local ombudsman program council may request a
1119 private informal conversation with a resident to whom the notice
1120 is directed, and, if known, a family member or the resident’s
1121 legal guardian or designee, to ensure that the facility is
1122 proceeding with the discharge or transfer in accordance with the
1123 requirements of this section. If requested, the state local
1124 ombudsman program council shall assist the resident with filing
1125 an appeal of the proposed discharge or transfer.
1126 (13) The following persons must be present at all hearings
1127 authorized under this section:
1128 (a) The resident, or the resident’s legal representative or
1129 designee.
1130 (b) The facility administrator, or the facility’s legal
1131 representative or designee.
1132
1133 A representative of the state local long-term care ombudsman
1134 program council may be present at all hearings authorized by
1135 this section.
1136 (14) In any hearing under this section, the following
1137 information concerning the parties shall be confidential and
1138 exempt from the provisions of s. 119.07(1):
1139 (a) Names and addresses.
1140 (b) Medical services provided.
1141 (c) Social and economic conditions or circumstances.
1142 (d) Evaluation of personal information.
1143 (e) Medical data, including diagnosis and past history of
1144 disease or disability.
1145 (f) Any information received verifying income eligibility
1146 and amount of medical assistance payments. Income information
1147 received from the Social Security Administration or the Internal
1148 Revenue Service must be safeguarded according to the
1149 requirements of the agency that furnished the data.
1150
1151 The exemption created by this subsection does not prohibit
1152 access to such information by the state ombudsman program a
1153 local long-term care ombudsman council upon request, by a
1154 reviewing court if such information is required to be part of
1155 the record upon subsequent review, or as specified in s. 24(a),
1156 Art. I of the State Constitution.
1157 Section 23. Subsection (2) of section 400.1413, Florida
1158 Statutes, is amended to read:
1159 400.1413 Volunteers in nursing homes.—
1160 (2) This section does not affect the activities of the
1161 state or local long-term care ombudsman program councils
1162 authorized under part I.
1163 Section 24. Paragraph (d) of subsection (5) of section
1164 400.162, Florida Statutes, is amended to read:
1165 400.162 Property and personal affairs of residents.—
1166 (5)
1167 (d) If, at any time during the period for which a license
1168 is issued, a licensee that has not purchased a surety bond or
1169 entered into a self-insurance agreement, as provided in
1170 paragraphs (b) and (c), is requested to provide safekeeping for
1171 the personal funds of a resident, the licensee shall notify the
1172 agency of the request and make application for a surety bond or
1173 for participation in a self-insurance agreement within 7 days
1174 after of the request, exclusive of weekends and holidays. Copies
1175 of the application, along with written documentation of related
1176 correspondence with an insurance agency or group, shall be
1177 maintained by the licensee for review by the agency and the
1178 state Nursing Home and Long-Term Care Facility ombudsman program
1179 Council.
1180 Section 25. Subsections (1) and (4) of section 400.19,
1181 Florida Statutes, are amended to read:
1182 400.19 Right of entry and inspection.—
1183 (1) In accordance with part II of chapter 408, the agency
1184 and any duly designated officer or employee thereof or a
1185 representative member of the state Long-Term Care ombudsman
1186 program Council or the local long-term care ombudsman council
1187 shall have the right to enter upon and into the premises of any
1188 facility licensed pursuant to this part, or any distinct nursing
1189 home unit of a hospital licensed under chapter 395 or any
1190 freestanding facility licensed under chapter 395 that provides
1191 extended care or other long-term care services, at any
1192 reasonable time in order to determine the state of compliance
1193 with the provisions of this part, part II of chapter 408, and
1194 applicable rules in force pursuant thereto. The agency shall,
1195 within 60 days after receipt of a complaint made by a resident
1196 or resident’s representative, complete its investigation and
1197 provide to the complainant its findings and resolution.
1198 (4) The agency shall conduct unannounced onsite facility
1199 reviews following written verification of licensee noncompliance
1200 in instances in which the state ombudsman program a long-term
1201 care ombudsman council, pursuant to ss. 400.0071 and 400.0075,
1202 has received a complaint and has documented deficiencies in
1203 resident care or in the physical plant of the facility that
1204 threaten the health, safety, or security of residents, or when
1205 the agency documents through inspection that conditions in a
1206 facility present a direct or indirect threat to the health,
1207 safety, or security of residents. However, the agency shall
1208 conduct unannounced onsite reviews every 3 months of each
1209 facility while the facility has a conditional license.
1210 Deficiencies related to physical plant do not require followup
1211 reviews after the agency has determined that correction of the
1212 deficiency has been accomplished and that the correction is of
1213 the nature that continued compliance can be reasonably expected.
1214 Section 26. Subsection (1) of section 400.191, Florida
1215 Statutes, is amended to read:
1216 400.191 Availability, distribution, and posting of reports
1217 and records.—
1218 (1) The agency shall provide information to the public
1219 about all of the licensed nursing home facilities operating in
1220 the state. The agency shall, within 60 days after a licensure
1221 inspection visit or within 30 days after any interim visit to a
1222 facility, send copies of the inspection reports to the state
1223 local long-term care ombudsman program council, the agency’s
1224 local office, and a public library or the county seat for the
1225 county in which the facility is located. The agency may provide
1226 electronic access to inspection reports as a substitute for
1227 sending copies.
1228 Section 27. Subsection (6) and paragraph (c) of subsection
1229 (7) of section 400.23, Florida Statutes, is amended to read:
1230 400.23 Rules; evaluation and deficiencies; licensure
1231 status.—
1232 (6) Before Prior to conducting a survey of the facility,
1233 the survey team shall obtain a copy of the state local long-term
1234 care ombudsman program council report on the facility. Problems
1235 noted in the report shall be incorporated into and followed up
1236 through the agency’s inspection process. This procedure does not
1237 preclude the state local long-term care ombudsman program
1238 council from requesting the agency to conduct a followup visit
1239 to the facility.
1240 (7) The agency shall, at least every 15 months, evaluate
1241 all nursing home facilities and make a determination as to the
1242 degree of compliance by each licensee with the established rules
1243 adopted under this part as a basis for assigning a licensure
1244 status to that facility. The agency shall base its evaluation on
1245 the most recent inspection report, taking into consideration
1246 findings from other official reports, surveys, interviews,
1247 investigations, and inspections. In addition to license
1248 categories authorized under part II of chapter 408, the agency
1249 shall assign a licensure status of standard or conditional to
1250 each nursing home.
1251 (c) In evaluating the overall quality of care and services
1252 and determining whether the facility will receive a conditional
1253 or standard license, the agency shall consider the needs and
1254 limitations of residents in the facility and the results of
1255 interviews and surveys of a representative sampling of
1256 residents, families of residents, representatives of the state
1257 ombudsman program council members in the planning and service
1258 area in which the facility is located, guardians of residents,
1259 and staff of the nursing home facility.
1260 Section 28. Paragraph (a) of subsection (3), paragraph (f)
1261 of subsection (5), and subsection (6) of section 400.235,
1262 Florida Statutes, are amended to read:
1263 400.235 Nursing home quality and licensure status; Gold
1264 Seal Program.—
1265 (3)(a) The Gold Seal Program shall be developed and
1266 implemented by the Governor’s Panel on Excellence in Long-Term
1267 Care which shall operate under the authority of the Executive
1268 Office of the Governor. The panel shall be composed of three
1269 persons appointed by the Governor, to include a consumer
1270 advocate for senior citizens and two persons with expertise in
1271 the fields of quality management, service delivery excellence,
1272 or public sector accountability; three persons appointed by the
1273 Secretary of Elderly Affairs, to include an active member of a
1274 nursing facility family and resident care council and a member
1275 of the University Consortium on Aging; a representative of the
1276 Office of State Long-Term Care Ombudsman; one person appointed
1277 by the Florida Life Care Residents Association; one person
1278 appointed by the State Surgeon General; two persons appointed by
1279 the Secretary of Health Care Administration; one person
1280 appointed by the Florida Association of Homes for the Aging; and
1281 one person appointed by the Florida Health Care Association.
1282 Vacancies on the panel shall be filled in the same manner as the
1283 original appointments.
1284 (5) Facilities must meet the following additional criteria
1285 for recognition as a Gold Seal Program facility:
1286 (f) Evidence an outstanding record regarding the number and
1287 types of substantiated complaints reported to the Office of
1288 State Long-Term Care Ombudsman Council within the 30 months
1289 preceding application for the program.
1290
1291 A facility assigned a conditional licensure status may not
1292 qualify for consideration for the Gold Seal Program until after
1293 it has operated for 30 months with no class I or class II
1294 deficiencies and has completed a regularly scheduled relicensure
1295 survey.
1296 (6) The agency, nursing facility industry organizations,
1297 consumers, Office of State Long-Term Care Ombudsman Council, and
1298 members of the community may recommend to the Governor
1299 facilities that meet the established criteria for consideration
1300 for and award of the Gold Seal. The panel shall review nominees
1301 and make a recommendation to the Governor for final approval and
1302 award. The decision of the Governor is final and is not subject
1303 to appeal.
1304 Section 29. Paragraph (a) of subsection (1) of section
1305 415.1034, Florida Statutes, is amended to read:
1306 415.1034 Mandatory reporting of abuse, neglect, or
1307 exploitation of vulnerable adults; mandatory reports of death.—
1308 (1) MANDATORY REPORTING.—
1309 (a) Any person, including, but not limited to, any:
1310 1. Physician, osteopathic physician, medical examiner,
1311 chiropractic physician, nurse, paramedic, emergency medical
1312 technician, or hospital personnel engaged in the admission,
1313 examination, care, or treatment of vulnerable adults;
1314 2. Health professional or mental health professional other
1315 than one listed in subparagraph 1.;
1316 3. Practitioner who relies solely on spiritual means for
1317 healing;
1318 4. Nursing home staff; assisted living facility staff;
1319 adult day care center staff; adult family-care home staff;
1320 social worker; or other professional adult care, residential, or
1321 institutional staff;
1322 5. State, county, or municipal criminal justice employee or
1323 law enforcement officer;
1324 6. An Employee of the Department of Business and
1325 Professional Regulation conducting inspections of public lodging
1326 establishments under s. 509.032;
1327 7. Florida advocacy council member or representative of the
1328 Office of State Long-Term Care Ombudsman council member; or
1329 8. Bank, savings and loan, or credit union officer,
1330 trustee, or employee,
1331
1332 who knows, or has reasonable cause to suspect, that a vulnerable
1333 adult has been or is being abused, neglected, or exploited shall
1334 immediately report such knowledge or suspicion to the central
1335 abuse hotline.
1336 Section 30. Subsection (1) of section 415.104, Florida
1337 Statutes, is amended to read:
1338 415.104 Protective investigations of cases of abuse,
1339 neglect, or exploitation of vulnerable adults; transmittal of
1340 records to state attorney.—
1341 (1) The department shall, upon receipt of a report alleging
1342 abuse, neglect, or exploitation of a vulnerable adult, begin
1343 within 24 hours a protective investigation of the facts alleged
1344 therein. If a caregiver refuses to allow the department to begin
1345 a protective investigation or interferes with the conduct of
1346 such an investigation, the appropriate law enforcement agency
1347 shall be contacted for assistance. If, during the course of the
1348 investigation, the department has reason to believe that the
1349 abuse, neglect, or exploitation is perpetrated by a second
1350 party, the appropriate law enforcement agency and state attorney
1351 shall be orally notified. The department and the law enforcement
1352 agency shall cooperate to allow the criminal investigation to
1353 proceed concurrently with, and not be hindered by, the
1354 protective investigation. The department shall make a
1355 preliminary written report to the law enforcement agencies
1356 within 5 working days after the oral report. The department
1357 shall, within 24 hours after receipt of the report, notify the
1358 appropriate Florida local advocacy council, or state long-term
1359 care ombudsman program council, when appropriate, that an
1360 alleged abuse, neglect, or exploitation perpetrated by a second
1361 party has occurred. Notice to the Florida local advocacy council
1362 or state long-term care ombudsman program council may be
1363 accomplished orally or in writing and shall include the name and
1364 location of the vulnerable adult alleged to have been abused,
1365 neglected, or exploited and the nature of the report.
1366 Section 31. Subsection (8) of section 415.1055, Florida
1367 Statutes, is amended to read:
1368 415.1055 Notification to administrative entities.—
1369 (8) At the conclusion of a protective investigation at a
1370 facility, the department shall notify either the Florida local
1371 advocacy council or state long-term care ombudsman program
1372 council of the results of the investigation. This notification
1373 must be in writing.
1374 Section 32. Subsection (2) of section 415.106, Florida
1375 Statutes, is amended to read:
1376 415.106 Cooperation by the department and criminal justice
1377 and other agencies.—
1378 (2) To ensure coordination, communication, and cooperation
1379 with the investigation of abuse, neglect, or exploitation of
1380 vulnerable adults, the department shall develop and maintain
1381 interprogram agreements or operational procedures among
1382 appropriate departmental programs and the Office of State Long
1383 Term Care Ombudsman Council, the Florida Statewide Advocacy
1384 Council, and other agencies that provide services to vulnerable
1385 adults. These agreements or procedures must cover such subjects
1386 as the appropriate roles and responsibilities of the department
1387 in identifying and responding to reports of abuse, neglect, or
1388 exploitation of vulnerable adults; the provision of services;
1389 and related coordinated activities.
1390 Section 33. Paragraph (g) of subsection (3) of section
1391 415.107, Florida Statutes, is amended to read:
1392 415.107 Confidentiality of reports and records.—
1393 (3) Access to all records, excluding the name of the
1394 reporter which shall be released only as provided in subsection
1395 (6), shall be granted only to the following persons, officials,
1396 and agencies:
1397 (g) Any appropriate official of the Florida advocacy
1398 council or state long-term care ombudsman program council
1399 investigating a report of known or suspected abuse, neglect, or
1400 exploitation of a vulnerable adult.
1401 Section 34. Subsection (20) of section 429.02, Florida
1402 Statutes, is amended to read:
1403 429.02 Definitions.—When used in this part, the term:
1404 (20) “Resident’s representative or designee” means a person
1405 other than the owner, or an agent or employee of the facility,
1406 designated in writing by the resident, if legally competent, to
1407 receive notice of changes in the contract executed pursuant to
1408 s. 429.24; to receive notice of and to participate in meetings
1409 between the resident and the facility owner, administrator, or
1410 staff concerning the rights of the resident; to assist the
1411 resident in contacting the state ombudsman program council if
1412 the resident has a complaint against the facility; or to bring
1413 legal action on behalf of the resident pursuant to s. 429.29.
1414 Section 35. Paragraph (b) of subsection (3) of section
1415 429.07, Florida Statutes, is amended to read:
1416 429.07 License required; fee.—
1417 (3) In addition to the requirements of s. 408.806, each
1418 license granted by the agency must state the type of care for
1419 which the license is granted. Licenses shall be issued for one
1420 or more of the following categories of care: standard, extended
1421 congregate care, limited nursing services, or limited mental
1422 health.
1423 (b) An extended congregate care license shall be issued to
1424 facilities providing, directly or through contract, services
1425 beyond those authorized in paragraph (a), including services
1426 performed by persons licensed under part I of chapter 464 and
1427 supportive services, as defined by rule, to persons who would
1428 otherwise be disqualified from continued residence in a facility
1429 licensed under this part.
1430 1. In order for extended congregate care services to be
1431 provided, the agency must first determine that all requirements
1432 established in law and rule are met and must specifically
1433 designate, on the facility’s license, that such services may be
1434 provided and whether the designation applies to all or part of
1435 the facility. Such designation may be made at the time of
1436 initial licensure or relicensure, or upon request in writing by
1437 a licensee under this part and part II of chapter 408. The
1438 notification of approval or the denial of the request shall be
1439 made in accordance with part II of chapter 408. Existing
1440 facilities qualifying to provide extended congregate care
1441 services must have maintained a standard license and may not
1442 have been subject to administrative sanctions during the
1443 previous 2 years, or since initial licensure if the facility has
1444 been licensed for less than 2 years, for any of the following
1445 reasons:
1446 a. A class I or class II violation;
1447 b. Three or more repeat or recurring class III violations
1448 of identical or similar resident care standards from which a
1449 pattern of noncompliance is found by the agency;
1450 c. Three or more class III violations that were not
1451 corrected in accordance with the corrective action plan approved
1452 by the agency;
1453 d. Violation of resident care standards which results in
1454 requiring the facility to employ the services of a consultant
1455 pharmacist or consultant dietitian;
1456 e. Denial, suspension, or revocation of a license for
1457 another facility licensed under this part in which the applicant
1458 for an extended congregate care license has at least 25 percent
1459 ownership interest; or
1460 f. Imposition of a moratorium pursuant to this part or part
1461 II of chapter 408 or initiation of injunctive proceedings.
1462 2. A facility that is licensed to provide extended
1463 congregate care services shall maintain a written progress
1464 report on each person who receives services which describes the
1465 type, amount, duration, scope, and outcome of services that are
1466 rendered and the general status of the resident’s health. A
1467 registered nurse, or appropriate designee, representing the
1468 agency shall visit the facility at least quarterly to monitor
1469 residents who are receiving extended congregate care services
1470 and to determine whether if the facility is in compliance with
1471 this part, part II of chapter 408, and relevant rules. One of
1472 the visits may be in conjunction with the regular survey. The
1473 monitoring visits may be provided through contractual
1474 arrangements with appropriate community agencies. A registered
1475 nurse shall serve as part of the team that inspects the
1476 facility. The agency may waive one of the required yearly
1477 monitoring visits for a facility that has been licensed for at
1478 least 24 months to provide extended congregate care services,
1479 if, during the inspection, the registered nurse determines that
1480 extended congregate care services are being provided
1481 appropriately, and if the facility has no class I or class II
1482 violations and no uncorrected class III violations. The agency
1483 must first consult with the state long-term care ombudsman
1484 program council for the area in which the facility is located to
1485 determine whether if any complaints have been made and
1486 substantiated about the quality of services or care. The agency
1487 may not waive one of the required yearly monitoring visits if
1488 complaints have been made and substantiated.
1489 3. A facility that is licensed to provide extended
1490 congregate care services must:
1491 a. Demonstrate the capability to meet unanticipated
1492 resident service needs.
1493 b. Offer a physical environment that promotes a homelike
1494 setting, provides for resident privacy, promotes resident
1495 independence, and allows sufficient congregate space as defined
1496 by rule.
1497 c. Have sufficient staff available, taking into account the
1498 physical plant and firesafety features of the building, to
1499 assist with the evacuation of residents in an emergency.
1500 d. Adopt and follow policies and procedures that maximize
1501 resident independence, dignity, choice, and decisionmaking to
1502 permit residents to age in place, so that moves due to changes
1503 in functional status are minimized or avoided.
1504 e. Allow residents or, if applicable, a resident’s
1505 representative, designee, surrogate, guardian, or attorney in
1506 fact to make a variety of personal choices, participate in
1507 developing service plans, and share responsibility in
1508 decisionmaking.
1509 f. Implement the concept of managed risk.
1510 g. Provide, directly or through contract, the services of a
1511 person licensed under part I of chapter 464.
1512 h. In addition to the training mandated in s. 429.52,
1513 provide specialized training as defined by rule for facility
1514 staff.
1515 4. A facility that is licensed to provide extended
1516 congregate care services is exempt from the criteria for
1517 continued residency set forth in rules adopted under s. 429.41.
1518 A licensed facility must adopt its own requirements within
1519 guidelines for continued residency set forth by rule. However,
1520 the facility may not serve residents who require 24-hour nursing
1521 supervision. A licensed facility that provides extended
1522 congregate care services must also provide each resident with a
1523 written copy of facility policies governing admission and
1524 retention.
1525 5. The primary purpose of extended congregate care services
1526 is to allow residents, as they become more impaired, the option
1527 of remaining in a familiar setting from which they would
1528 otherwise be disqualified for continued residency. A facility
1529 licensed to provide extended congregate care services may also
1530 admit an individual who exceeds the admission criteria for a
1531 facility with a standard license, if the individual is
1532 determined appropriate for admission to the extended congregate
1533 care facility.
1534 6. Before the admission of an individual to a facility
1535 licensed to provide extended congregate care services, the
1536 individual must undergo a medical examination as provided in s.
1537 429.26(4) and the facility must develop a preliminary service
1538 plan for the individual.
1539 7. When a facility can no longer provide or arrange for
1540 services in accordance with the resident’s service plan and
1541 needs and the facility’s policy, the facility shall make
1542 arrangements for relocating the person in accordance with s.
1543 429.28(1)(k).
1544 8. Failure to provide extended congregate care services may
1545 result in denial of extended congregate care license renewal.
1546 Section 36. Subsection (9) of section 429.19, Florida
1547 Statutes, is amended to read:
1548 429.19 Violations; imposition of administrative fines;
1549 grounds.—
1550 (9) The agency shall develop and disseminate an annual list
1551 of all facilities sanctioned or fined for violations of state
1552 standards, the number and class of violations involved, the
1553 penalties imposed, and the current status of cases. The list
1554 shall be disseminated, at no charge, to the Department of
1555 Elderly Affairs, the Department of Health, the Department of
1556 Children and Families Family Services, the Agency for Persons
1557 with Disabilities, the area agencies on aging, the Florida
1558 Statewide Advocacy Council, and the state and local ombudsman
1559 program councils. The Department of Children and Families Family
1560 Services shall disseminate the list to service providers under
1561 contract to the department who are responsible for referring
1562 persons to a facility for residency. The agency may charge a fee
1563 commensurate with the cost of printing and postage to other
1564 interested parties requesting a copy of this list. This
1565 information may be provided electronically or through the
1566 agency’s Internet site.
1567 Section 37. Subsection (8) of section 429.26, Florida
1568 Statutes, is amended to read:
1569 429.26 Appropriateness of placements; examinations of
1570 residents.—
1571 (8) The Department of Children and Families Family Services
1572 may require an examination for supplemental security income and
1573 optional state supplementation recipients residing in facilities
1574 at any time and shall provide the examination whenever a
1575 resident’s condition requires it. Any facility administrator;
1576 personnel of the agency, the department, or the Department of
1577 Children and Families Family Services; or representative of the
1578 state long-term care ombudsman program council member who
1579 believes a resident needs to be evaluated shall notify the
1580 resident’s case manager, who shall take appropriate action. A
1581 report of the examination findings shall be provided to the
1582 resident’s case manager and the facility administrator to help
1583 the administrator meet his or her responsibilities under
1584 subsection (1).
1585 Section 38. Subsection (2) and paragraph (b) of subsection
1586 (3) of section 429.28, Florida Statutes, are amended to read:
1587 429.28 Resident bill of rights.—
1588 (2) The administrator of a facility shall ensure that a
1589 written notice of the rights, obligations, and prohibitions set
1590 forth in this part is posted in a prominent place in each
1591 facility and read or explained to residents who cannot read.
1592 This notice shall include the statewide toll-free telephone
1593 number and e-mail address name, address, and telephone numbers
1594 of the state local ombudsman program council and central abuse
1595 hotline and, when applicable, the Advocacy Center for Persons
1596 with Disabilities, Inc., and the Florida local advocacy council,
1597 where complaints may be lodged. The facility must ensure a
1598 resident’s access to a telephone to call the state local
1599 ombudsman program council, central abuse hotline, Advocacy
1600 Center for Persons with Disabilities, Inc., and the Florida
1601 local advocacy council.
1602 (3)
1603 (b) In order to determine whether the facility is
1604 adequately protecting residents’ rights, the biennial survey
1605 shall include private informal conversations with a sample of
1606 residents and consultation with the state ombudsman program
1607 council in the planning and service area in which the facility
1608 is located to discuss residents’ experiences within the
1609 facility.
1610 Section 39. Section 429.34, Florida Statutes, is amended to
1611 read:
1612 429.34 Right of entry and inspection.—In addition to the
1613 requirements of s. 408.811, any duly designated officer or
1614 employee of the department, the Department of Children and
1615 Families Family Services, the Medicaid Fraud Control Unit of the
1616 Office of the Attorney General, the state or local fire marshal,
1617 or a representative member of the state or local long-term care
1618 ombudsman program has council shall have the right to enter
1619 unannounced upon and into the premises of any facility licensed
1620 pursuant to this part in order to determine the state of
1621 compliance with the provisions of this part, part II of chapter
1622 408, and applicable rules. Data collected by the state or local
1623 long-term care ombudsman program councils or the state or local
1624 advocacy councils may be used by the agency in investigations
1625 involving violations of regulatory standards.
1626 Section 40. Subsection (2) of section 429.35, Florida
1627 Statutes, is amended to read:
1628 429.35 Maintenance of records; reports.—
1629 (2) Within 60 days after the date of the biennial
1630 inspection visit required under s. 408.811 or within 30 days
1631 after the date of any interim visit, the agency shall forward
1632 the results of the inspection to the state local ombudsman
1633 program council in whose planning and service area, as defined
1634 in part II of chapter 400, the facility is located; to at least
1635 one public library or, in the absence of a public library, the
1636 county seat in the county in which the inspected assisted living
1637 facility is located; and, when appropriate, to the district
1638 Adult Services and Mental Health Program Offices.
1639 Section 41. Subsection (2) of section 429.85, Florida
1640 Statutes, is amended to read:
1641 429.85 Residents’ bill of rights.—
1642 (2) The provider shall ensure that residents and their
1643 legal representatives are made aware of the rights, obligations,
1644 and prohibitions set forth in this part. Residents must also be
1645 given the statewide toll-free telephone number and e-mail
1646 address of the state ombudsman program and the telephone number
1647 of names, addresses, and telephone numbers of the local
1648 ombudsman council and the central abuse hotline where they may
1649 lodge complaints.
1650 Section 42. Subsection (17) of section 744.444, Florida
1651 Statutes, is amended to read:
1652 744.444 Power of guardian without court approval.—Without
1653 obtaining court approval, a plenary guardian of the property, or
1654 a limited guardian of the property within the powers granted by
1655 the order appointing the guardian or an approved annual or
1656 amended guardianship report, may:
1657 (17) Provide confidential information about a ward that is
1658 related to an investigation arising under part I of chapter 400
1659 to a representative of the local or state ombudsman program
1660 council member conducting such an investigation. Any such
1661 ombudsman has shall have a duty to maintain the confidentiality
1662 of such information.
1663 Section 43. This act shall take effect July 1, 2013.
