Bill Text: FL S7000 | 2014 | Regular Session | Introduced
Bill Title: Assisted Living Facilities
Spectrum: Committee Bill
Status: (N/A - Dead) 2013-10-08 - Submit as committee bill by Children, Families, and Elder Affairs (SB 248) [S7000 Detail]
Download: Florida-2014-S7000-Introduced.html
Florida Senate - 2014 (PROPOSED COMMITTEE BILL) SPB 7000
FOR CONSIDERATION By the Committee on Children, Families, and
Elder Affairs
586-00373A-14 20147000__
1 A bill to be entitled
2 An act relating to assisted living facilities;
3 amending s. 394.4574, F.S.; providing that Medicaid
4 prepaid behavioral health plans are responsible for
5 enrolled mental health residents; providing that
6 managing entities under contract with the Department
7 of Children and Families are responsible for mental
8 health residents who are not enrolled with a Medicaid
9 prepaid behavioral health plan; deleting a provision
10 to conform to changes made by the act; requiring that
11 the community living support plan be completed and
12 provided to the administrator of a facility upon the
13 mental health resident’s admission; requiring the
14 community living support plan to be updated when there
15 is a significant change to the mental health
16 resident’s behavioral health; requiring the case
17 manager assigned to a mental health resident of an
18 assisted living facility that holds a limited mental
19 health license to keep a record of the date and time
20 of face-to-face interactions with the resident and to
21 make the record available to the responsible entity
22 for inspection; requiring that the record be
23 maintained for a specified time; requiring the
24 responsible entity to ensure that there is adequate
25 and consistent monitoring and enforcement of community
26 living support plans and cooperative agreements and
27 that concerns are reported to the appropriate
28 regulatory oversight organization under certain
29 circumstances; amending s. 400.0074, F.S.; requiring
30 that an administrative assessment conducted by a local
31 council be comprehensive in nature and focus on
32 factors affecting the rights, health, safety, and
33 welfare of nursing home residents; requiring a local
34 council to conduct an exit consultation with the
35 facility administrator or administrator designee to
36 discuss issues and concerns in areas affecting the
37 rights, health, safety, and welfare of residents and
38 make recommendations for improvement; amending s.
39 400.0078, F.S.; requiring that a resident or a
40 representative of a resident of a long-term care
41 facility be informed that retaliatory action cannot be
42 taken against a resident for presenting grievances or
43 for exercising any other resident right; amending s.
44 429.02, F.S.; conforming a cross-reference; providing
45 a definition; amending s. 429.07, F.S.; requiring that
46 an extended congregate care license be issued to
47 certain facilities that have been licensed as assisted
48 living facilities under certain circumstances and
49 authorizing the issuance of such license if a
50 specified condition is met; providing the purpose of
51 an extended congregate care license; providing that
52 the initial extended congregate care license of an
53 assisted living facility is provisional under certain
54 circumstances; requiring a licensee to notify the
55 Agency for Health Care Administration if it accepts a
56 resident who qualifies for extended congregate care
57 services; requiring the agency to inspect the facility
58 for compliance with the requirements of an extended
59 congregate care license; requiring the issuance of an
60 extended congregate care license under certain
61 circumstances; requiring the licensee to immediately
62 suspend extended congregate care services under
63 certain circumstances; requiring a registered nurse
64 representing the agency to visit the facility at least
65 twice a year, rather than quarterly, to monitor
66 residents who are receiving extended congregate care
67 services; authorizing the agency to waive one of the
68 required yearly monitoring visits under certain
69 circumstances; authorizing the agency to deny or
70 revoke a facility’s extended congregate care license;
71 requiring a registered nurse representing the agency
72 to visit the facility at least annually, rather than
73 twice a year, to monitor residents who are receiving
74 limited nursing services; providing that such
75 monitoring visits may be conducted in conjunction with
76 other agency inspections; authorizing the agency to
77 waive the required yearly monitoring visit for a
78 facility that is licensed to provide limited nursing
79 services under certain circumstances; amending s.
80 429.075, F.S.; requiring an assisted living facility
81 that serves one or more mental health residents to
82 obtain a limited mental health license; amending s.
83 429.14, F.S.; revising the circumstances under which
84 the agency may deny, revoke, or suspend the license of
85 an assisted living facility and impose an
86 administrative fine; requiring the agency to deny or
87 revoke the license of an assisted living facility
88 under certain circumstances; requiring the agency to
89 impose an immediate moratorium on the license of an
90 assisted living facility under certain circumstances;
91 deleting a provision requiring the agency to provide a
92 list of facilities with denied, suspended, or revoked
93 licenses to the Department of Business and
94 Professional Regulation; exempting a facility from the
95 45-day notice requirement if it is required to
96 relocate some or all of its residents; amending s.
97 429.178, F.S.; conforming cross-references; amending
98 s. 429.19, F.S.; revising the amounts and uses of
99 administrative fines; requiring the agency to levy a
100 fine for violations that are corrected before an
101 inspection if noncompliance occurred within a
102 specified period of time; deleting factors that the
103 agency is required to consider in determining
104 penalties and fines; amending s. 429.256, F.S.;
105 revising the term “assistance with self-administration
106 of medication” as it relates to the Assisted Living
107 Facilities Act; amending s. 429.28, F.S.; providing
108 notice requirements to inform facility residents that
109 the identity of the resident and complainant in any
110 complaint made to the State Long-Term Care Ombudsman
111 Program or a local long-term care ombudsman council is
112 confidential and that retaliatory action cannot be
113 taken against a resident for presenting grievances or
114 for exercising any other resident right; requiring
115 that a facility that terminates an individual’s
116 residency after the filing of a complaint be fined if
117 good cause is not shown for the termination; amending
118 s. 429.34, F.S.; requiring certain persons to report
119 elder abuse in assisted living facilities; requiring
120 the agency to regularly inspect every licensed
121 assisted living facility; requiring the agency to
122 conduct more frequent inspections under certain
123 circumstances; requiring the licensee to pay a fee for
124 the cost of additional inspections; requiring the
125 agency to annually adjust the fee; amending s. 429.41,
126 F.S.; providing that certain staffing requirements
127 apply only to residents in continuing care facilities
128 who are receiving the relevant service; amending s.
129 429.52, F.S.; requiring each newly hired employee of
130 an assisted living facility to attend a preservice
131 orientation provided by the assisted living facility;
132 requiring the employee and administrator to sign an
133 affidavit upon completion of the preservice
134 orientation; requiring the assisted living facility to
135 maintain the signed affidavit in the employee’s work
136 file; conforming a cross-reference; creating s.
137 429.55, F.S.; providing that a facility may apply for
138 a flexible bed license; requiring a facility that has
139 a flexible bed license to keep a log, specify certain
140 information in a flexible bed contract, and retain
141 certain records; requiring a licensed flexible bed
142 facility to provide state surveyors with access to the
143 log and certain independent living units; authorizing
144 state surveyors to interview certain residents;
145 providing that a flexible bed license does not
146 preclude a resident from obtaining certain services;
147 requiring the Office of Program Policy Analysis and
148 Government Accountability to study the reliability of
149 facility surveys and submit to the Governor and the
150 Legislature its findings and recommendations;
151 requiring the agency to implement a rating system of
152 assisted living facilities by a specified date, adopt
153 rules, and create content for the agency’s website
154 that makes available to consumers information
155 regarding assisted living facilities; providing
156 criteria for the content; providing an effective date.
157
158 Be It Enacted by the Legislature of the State of Florida:
159
160 Section 1. Section 394.4574, Florida Statutes, is amended
161 to read:
162 394.4574 Department Responsibilities for coordination of
163 services for a mental health resident who resides in an assisted
164 living facility that holds a limited mental health license.—
165 (1) As used in this section, the term “mental health
166 resident” “mental health resident,” for purposes of this
167 section, means an individual who receives social security
168 disability income due to a mental disorder as determined by the
169 Social Security Administration or receives supplemental security
170 income due to a mental disorder as determined by the Social
171 Security Administration and receives optional state
172 supplementation.
173 (2) Medicaid prepaid behavioral health plans are
174 responsible for enrolled mental health residents, and managing
175 entities under contract with the department are responsible for
176 mental health residents who are not enrolled with a Medicaid
177 prepaid behavioral health plan. A Medicaid prepaid behavioral
178 health plan or a managing entity, as appropriate, shall The
179 department must ensure that:
180 (a) A mental health resident has been assessed by a
181 psychiatrist, clinical psychologist, clinical social worker, or
182 psychiatric nurse, or an individual who is supervised by one of
183 these professionals, and determined to be appropriate to reside
184 in an assisted living facility. The documentation must be
185 provided to the administrator of the facility within 30 days
186 after the mental health resident has been admitted to the
187 facility. An evaluation completed upon discharge from a state
188 mental hospital meets the requirements of this subsection
189 related to appropriateness for placement as a mental health
190 resident if it was completed within 90 days before prior to
191 admission to the facility.
192 (b) A cooperative agreement, as required in s. 429.075, is
193 developed by between the mental health care services provider
194 that serves a mental health resident and the administrator of
195 the assisted living facility with a limited mental health
196 license in which the mental health resident is living. Any
197 entity that provides Medicaid prepaid health plan services shall
198 ensure the appropriate coordination of health care services with
199 an assisted living facility in cases where a Medicaid recipient
200 is both a member of the entity’s prepaid health plan and a
201 resident of the assisted living facility. If the entity is at
202 risk for Medicaid targeted case management and behavioral health
203 services, the entity shall inform the assisted living facility
204 of the procedures to follow should an emergent condition arise.
205 (c) The community living support plan, as defined in s.
206 429.02, has been prepared by a mental health resident and his or
207 her a mental health case manager of that resident in
208 consultation with the administrator of the facility or the
209 administrator’s designee. The plan must be completed and
210 provided to the administrator of the assisted living facility
211 with a limited mental health license in which the mental health
212 resident lives upon the resident’s admission. The support plan
213 and the agreement may be in one document.
214 (d) The assisted living facility with a limited mental
215 health license is provided with documentation that the
216 individual meets the definition of a mental health resident.
217 (e) The mental health services provider assigns a case
218 manager to each mental health resident for whom the entity is
219 responsible who lives in an assisted living facility with a
220 limited mental health license. The case manager shall coordinate
221 is responsible for coordinating the development of and
222 implementation of the community living support plan defined in
223 s. 429.02. The plan must be updated at least annually, or when
224 there is a significant change in the resident’s behavioral
225 health status, such as an inpatient admission or a change in
226 medication, level of service, or residence. Each case manager
227 shall keep a record of the date and time of any face-to-face
228 interaction with the resident and make the record available to
229 the responsible entity for inspection. The record must be
230 retained for at least 2 years after the date of the most recent
231 interaction.
232 (f) Adequate and consistent monitoring and enforcement of
233 community living support plans and cooperative agreements are
234 conducted by the resident’s case manager.
235 (g) Concerns are reported to the appropriate regulatory
236 oversight organization if a regulated provider fails to deliver
237 appropriate services or otherwise acts in a manner that has the
238 potential to result in harm to the resident.
239 (3) The Secretary of Children and Families Family Services,
240 in consultation with the Agency for Health Care Administration,
241 shall annually require each district administrator to develop,
242 with community input, a detailed annual plan that demonstrates
243 detailed plans that demonstrate how the district will ensure the
244 provision of state-funded mental health and substance abuse
245 treatment services to residents of assisted living facilities
246 that hold a limited mental health license. This plan These plans
247 must be consistent with the substance abuse and mental health
248 district plan developed pursuant to s. 394.75 and must address
249 case management services; access to consumer-operated drop-in
250 centers; access to services during evenings, weekends, and
251 holidays; supervision of the clinical needs of the residents;
252 and access to emergency psychiatric care.
253 Section 2. Subsection (1) of section 400.0074, Florida
254 Statutes, is amended, and paragraph (h) is added to subsection
255 (2) of that section, to read:
256 400.0074 Local ombudsman council onsite administrative
257 assessments.—
258 (1) In addition to any specific investigation conducted
259 pursuant to a complaint, the local council shall conduct, at
260 least annually, an onsite administrative assessment of each
261 nursing home, assisted living facility, and adult family-care
262 home within its jurisdiction. This administrative assessment
263 must be comprehensive in nature and must shall focus on factors
264 affecting residents’ the rights, health, safety, and welfare of
265 the residents. Each local council is encouraged to conduct a
266 similar onsite administrative assessment of each additional
267 long-term care facility within its jurisdiction.
268 (2) An onsite administrative assessment conducted by a
269 local council shall be subject to the following conditions:
270 (h) The local council shall conduct an exit consultation
271 with the facility administrator or administrator designee to
272 discuss issues and concerns in areas affecting residents’
273 rights, health, safety, and welfare and, if needed, make
274 recommendations for improvement.
275 Section 3. Subsection (2) of section 400.0078, Florida
276 Statutes, is amended to read:
277 400.0078 Citizen access to State Long-Term Care Ombudsman
278 Program services.—
279 (2) Every resident or representative of a resident shall
280 receive, Upon admission to a long-term care facility, each
281 resident or representative of a resident must receive
282 information regarding the purpose of the State Long-Term Care
283 Ombudsman Program, the statewide toll-free telephone number for
284 receiving complaints, information that retaliatory action cannot
285 be taken against a resident for presenting grievances or for
286 exercising any other resident right, and other relevant
287 information regarding how to contact the program. Each resident
288 or his or her representative Residents or their representatives
289 must be furnished additional copies of this information upon
290 request.
291 Section 4. Subsection (11) of section 429.02, Florida
292 Statutes, is amended, present subsections (12) through (26) of
293 that section are redesignated as subsections (13) through (27),
294 respectively, and a new subsection (12) is added to that
295 section, to read:
296 429.02 Definitions.—When used in this part, the term:
297 (11) “Extended congregate care” means acts beyond those
298 authorized in subsection (17) which (16) that may be performed
299 by persons licensed under pursuant to part I of chapter 464 by
300 persons licensed thereunder while carrying out their
301 professional duties, and other supportive services which may be
302 specified by rule. The purpose of such services is to enable
303 residents to age in place in a residential environment despite
304 mental or physical limitations that might otherwise disqualify
305 them from residency in a facility licensed under this part.
306 (12) “Flexible bed” means a licensed bed designated to
307 allow a continuing care facility licensed under chapter 651 or a
308 retirement community that offers other services pursuant to this
309 part in addition to nursing home, home health, or adult day care
310 services licensed under this chapter or chapter 400 on a single
311 campus to provide assisted living services for up to 15 percent
312 of independent living residents residing in residential units
313 designated for independent living on the campus. A flexible bed
314 allows a resident who needs personal care services, but who does
315 not require a secure care setting, to age in place. A flexible
316 bed is reserved for individuals who have been a contract holder
317 of a facility licensed under chapter 651 or a resident of a
318 retirement community for at least 6 months.
319 Section 5. Paragraphs (b) and (c) of subsection (3) of
320 section 429.07, Florida Statutes, are amended to read:
321 429.07 License required; fee.—
322 (3) In addition to the requirements of s. 408.806, each
323 license granted by the agency must state the type of care for
324 which the license is granted. Licenses shall be issued for one
325 or more of the following categories of care: standard, extended
326 congregate care, limited nursing services, or limited mental
327 health.
328 (b) An extended congregate care license shall be issued to
329 each facility that has been licensed as an assisted living
330 facility for 2 or more years and that provides services
331 facilities providing, directly or through contract, services
332 beyond those authorized in paragraph (a), including services
333 performed by persons licensed under part I of chapter 464 and
334 supportive services, as defined by rule, to persons who would
335 otherwise be disqualified from continued residence in a facility
336 licensed under this part. An extended congregate care license
337 may be issued to a facility that has a provisional extended
338 congregate care license and meets the requirements for licensure
339 under subparagraph 2. The primary purpose of extended congregate
340 care services is to allow residents the option of remaining in a
341 familiar setting from which they would otherwise be disqualified
342 for continued residency as they become more impaired. A facility
343 licensed to provide extended congregate care services may also
344 admit an individual who exceeds the admission criteria for a
345 facility with a standard license, if he or she is determined
346 appropriate for admission to the extended congregate care
347 facility.
348 1. In order for extended congregate care services to be
349 provided, the agency must first determine that all requirements
350 established in law and rule are met and must specifically
351 designate, on the facility’s license, that such services may be
352 provided and whether the designation applies to all or part of
353 the facility. This Such designation may be made at the time of
354 initial licensure or relicensure, or upon request in writing by
355 a licensee under this part and part II of chapter 408. The
356 notification of approval or the denial of the request shall be
357 made in accordance with part II of chapter 408. Each existing
358 facility that qualifies facilities qualifying to provide
359 extended congregate care services must have maintained a
360 standard license and may not have been subject to administrative
361 sanctions during the previous 2 years, or since initial
362 licensure if the facility has been licensed for less than 2
363 years, for any of the following reasons:
364 a. A class I or class II violation;
365 b. Three or more repeat or recurring class III violations
366 of identical or similar resident care standards from which a
367 pattern of noncompliance is found by the agency;
368 c. Three or more class III violations that were not
369 corrected in accordance with the corrective action plan approved
370 by the agency;
371 d. Violation of resident care standards which results in
372 requiring the facility to employ the services of a consultant
373 pharmacist or consultant dietitian;
374 e. Denial, suspension, or revocation of a license for
375 another facility licensed under this part in which the applicant
376 for an extended congregate care license has at least 25 percent
377 ownership interest; or
378 f. Imposition of a moratorium pursuant to this part or part
379 II of chapter 408 or initiation of injunctive proceedings.
380
381 The agency may deny or revoke a facility’s extended congregate
382 care license for not meeting the criteria for an extended
383 congregate care license as provided in this subparagraph.
384 2. If an assisted living facility has been licensed for
385 less than 2 years but meets all other licensure requirements for
386 an extended congregate care license, it shall be issued a
387 provisional extended congregate care license for a period of 6
388 months. Within the first 3 months after the provisional license
389 is issued, the licensee shall notify the agency when it has
390 admitted an extended congregate care resident, after which an
391 unannounced inspection shall be made to determine compliance
392 with requirements of an extended congregate care license. If the
393 licensee demonstrates compliance with all of the requirements of
394 an extended congregate care license during the inspection, the
395 licensee shall be issued an extended congregate care license. In
396 addition to sanctions authorized under this part, if violations
397 are found during the inspection and the licensee fails to
398 demonstrate compliance with all assisted living requirements
399 during a followup inspection, the licensee shall immediately
400 suspend extended congregate care services, and the provisional
401 extended congregate care license expires.
402 3.2. A facility that is licensed to provide extended
403 congregate care services shall maintain a written progress
404 report on each person who receives services which describes the
405 type, amount, duration, scope, and outcome of services that are
406 rendered and the general status of the resident’s health. A
407 registered nurse, or appropriate designee, representing the
408 agency shall visit the facility at least twice a year quarterly
409 to monitor residents who are receiving extended congregate care
410 services and to determine if the facility is in compliance with
411 this part, part II of chapter 408, and relevant rules. One of
412 the visits may be in conjunction with the regular survey. The
413 monitoring visits may be provided through contractual
414 arrangements with appropriate community agencies. A registered
415 nurse shall serve as part of the team that inspects the
416 facility. The agency may waive one of the required yearly
417 monitoring visits for a facility that has:
418 a. Held an extended congregate care license for at least 24
419 months; been licensed for at least 24 months to provide extended
420 congregate care services, if, during the inspection, the
421 registered nurse determines that extended congregate care
422 services are being provided appropriately, and if the facility
423 has
424 b. No class I or class II violations and no uncorrected
425 class III violations; and.
426 c. No confirmed ombudsman council complaints that resulted
427 in a citation for licensure The agency must first consult with
428 the long-term care ombudsman council for the area in which the
429 facility is located to determine if any complaints have been
430 made and substantiated about the quality of services or care.
431 The agency may not waive one of the required yearly monitoring
432 visits if complaints have been made and substantiated.
433 4.3. A facility that is licensed to provide extended
434 congregate care services must:
435 a. Demonstrate the capability to meet unanticipated
436 resident service needs.
437 b. Offer a physical environment that promotes a homelike
438 setting, provides for resident privacy, promotes resident
439 independence, and allows sufficient congregate space as defined
440 by rule.
441 c. Have sufficient staff available, taking into account the
442 physical plant and firesafety features of the building, to
443 assist with the evacuation of residents in an emergency.
444 d. Adopt and follow policies and procedures that maximize
445 resident independence, dignity, choice, and decisionmaking to
446 permit residents to age in place, so that moves due to changes
447 in functional status are minimized or avoided.
448 e. Allow residents or, if applicable, a resident’s
449 representative, designee, surrogate, guardian, or attorney in
450 fact to make a variety of personal choices, participate in
451 developing service plans, and share responsibility in
452 decisionmaking.
453 f. Implement the concept of managed risk.
454 g. Provide, directly or through contract, the services of a
455 person licensed under part I of chapter 464.
456 h. In addition to the training mandated in s. 429.52,
457 provide specialized training as defined by rule for facility
458 staff.
459 5.4. A facility that is licensed to provide extended
460 congregate care services is exempt from the criteria for
461 continued residency set forth in rules adopted under s. 429.41.
462 A licensed facility must adopt its own requirements within
463 guidelines for continued residency set forth by rule. However,
464 the facility may not serve residents who require 24-hour nursing
465 supervision. A licensed facility that provides extended
466 congregate care services must also provide each resident with a
467 written copy of facility policies governing admission and
468 retention.
469 5. The primary purpose of extended congregate care services
470 is to allow residents, as they become more impaired, the option
471 of remaining in a familiar setting from which they would
472 otherwise be disqualified for continued residency. A facility
473 licensed to provide extended congregate care services may also
474 admit an individual who exceeds the admission criteria for a
475 facility with a standard license, if the individual is
476 determined appropriate for admission to the extended congregate
477 care facility.
478 6. Before the admission of an individual to a facility
479 licensed to provide extended congregate care services, the
480 individual must undergo a medical examination as provided in s.
481 429.26(4) and the facility must develop a preliminary service
482 plan for the individual.
483 7. If When a facility can no longer provide or arrange for
484 services in accordance with the resident’s service plan and
485 needs and the facility’s policy, the facility must shall make
486 arrangements for relocating the person in accordance with s.
487 429.28(1)(k).
488 8. Failure to provide extended congregate care services may
489 result in denial of extended congregate care license renewal.
490 (c) A limited nursing services license shall be issued to a
491 facility that provides services beyond those authorized in
492 paragraph (a) and as specified in this paragraph.
493 1. In order for limited nursing services to be provided in
494 a facility licensed under this part, the agency must first
495 determine that all requirements established in law and rule are
496 met and must specifically designate, on the facility’s license,
497 that such services may be provided. This Such designation may be
498 made at the time of initial licensure or licensure renewal
499 relicensure, or upon request in writing by a licensee under this
500 part and part II of chapter 408. Notification of approval or
501 denial of such request shall be made in accordance with part II
502 of chapter 408. An existing facility that qualifies facilities
503 qualifying to provide limited nursing services must shall have
504 maintained a standard license and may not have been subject to
505 administrative sanctions that affect the health, safety, and
506 welfare of residents for the previous 2 years or since initial
507 licensure if the facility has been licensed for less than 2
508 years.
509 2. A facility Facilities that is are licensed to provide
510 limited nursing services shall maintain a written progress
511 report on each person who receives such nursing services. The,
512 which report must describe describes the type, amount, duration,
513 scope, and outcome of services that are rendered and the general
514 status of the resident’s health. A registered nurse representing
515 the agency shall visit the facility such facilities at least
516 annually twice a year to monitor residents who are receiving
517 limited nursing services and to determine if the facility is in
518 compliance with applicable provisions of this part, part II of
519 chapter 408, and related rules. The monitoring visits may be
520 provided through contractual arrangements with appropriate
521 community agencies. A registered nurse shall also serve as part
522 of the team that inspects such facility. Visits may be in
523 conjunction with other agency inspections. The agency may waive
524 the required yearly monitoring visit for a facility that has:
525 a. Had a limited nursing services license for at least 24
526 months;
527 b. No class I or class II violations and no uncorrected
528 class III violations; and
529 c. No confirmed ombudsman council complaints that resulted
530 in a citation for licensure.
531 3. A person who receives limited nursing services under
532 this part must meet the admission criteria established by the
533 agency for assisted living facilities. When a resident no longer
534 meets the admission criteria for a facility licensed under this
535 part, arrangements for relocating the person shall be made in
536 accordance with s. 429.28(1)(k), unless the facility is licensed
537 to provide extended congregate care services.
538 Section 6. Section 429.075, Florida Statutes, is amended to
539 read:
540 429.075 Limited mental health license.—An assisted living
541 facility that serves one three or more mental health residents
542 must obtain a limited mental health license.
543 (1) To obtain a limited mental health license, a facility
544 must hold a standard license as an assisted living facility,
545 must not have any current uncorrected deficiencies or
546 violations, and must ensure that, within 6 months after
547 receiving a limited mental health license, the facility
548 administrator and the staff of the facility who are in direct
549 contact with mental health residents must complete training of
550 no less than 6 hours related to their duties. This Such
551 designation may be made at the time of initial licensure or
552 relicensure or upon request in writing by a licensee under this
553 part and part II of chapter 408. Notification of approval or
554 denial of such request shall be made in accordance with this
555 part, part II of chapter 408, and applicable rules. This
556 training must will be provided by or approved by the Department
557 of Children and Families Family Services.
558 (2) A facility that is Facilities licensed to provide
559 services to mental health residents must shall provide
560 appropriate supervision and staffing to provide for the health,
561 safety, and welfare of such residents.
562 (3) A facility that has a limited mental health license
563 must:
564 (a) Have a copy of each mental health resident’s community
565 living support plan and the cooperative agreement with the
566 mental health care services provider. The support plan and the
567 agreement may be combined.
568 (b) Have documentation that is provided by the Department
569 of Children and Families Family Services that each mental health
570 resident has been assessed and determined to be able to live in
571 the community in an assisted living facility that has with a
572 limited mental health license.
573 (c) Make the community living support plan available for
574 inspection by the resident, the resident’s legal guardian or,
575 the resident’s health care surrogate, and other individuals who
576 have a lawful basis for reviewing this document.
577 (d) Assist the mental health resident in carrying out the
578 activities identified in the individual’s community living
579 support plan.
580 (4) A facility that has with a limited mental health
581 license may enter into a cooperative agreement with a private
582 mental health provider. For purposes of the limited mental
583 health license, the private mental health provider may act as
584 the case manager.
585 Section 7. Section 429.14, Florida Statutes, is amended to
586 read:
587 429.14 Administrative penalties.—
588 (1) In addition to the requirements of part II of chapter
589 408, the agency may deny, revoke, and suspend any license issued
590 under this part and impose an administrative fine in the manner
591 provided in chapter 120 against a licensee for a violation of
592 any provision of this part, part II of chapter 408, or
593 applicable rules, or for any of the following actions by a
594 licensee, for the actions of any person subject to level 2
595 background screening under s. 408.809, or for the actions of any
596 facility staff employee:
597 (a) An intentional or negligent act seriously affecting the
598 health, safety, or welfare of a resident of the facility.
599 (b) A The determination by the agency that the owner lacks
600 the financial ability to provide continuing adequate care to
601 residents.
602 (c) Misappropriation or conversion of the property of a
603 resident of the facility.
604 (d) Failure to follow the criteria and procedures provided
605 under part I of chapter 394 relating to the transportation,
606 voluntary admission, and involuntary examination of a facility
607 resident.
608 (e) A citation for of any of the following violations
609 deficiencies as specified in s. 429.19:
610 1. One or more cited class I violations deficiencies.
611 2. Three or more cited class II violations deficiencies.
612 3. Five or more cited class III violations deficiencies
613 that have been cited on a single survey and have not been
614 corrected within the times specified.
615 (f) Failure to comply with the background screening
616 standards of this part, s. 408.809(1), or chapter 435.
617 (g) Violation of a moratorium.
618 (h) Failure of the license applicant, the licensee during
619 relicensure, or a licensee that holds a provisional license to
620 meet the minimum license requirements of this part, or related
621 rules, at the time of license application or renewal.
622 (i) An intentional or negligent life-threatening act in
623 violation of the uniform firesafety standards for assisted
624 living facilities or other firesafety standards which that
625 threatens the health, safety, or welfare of a resident of a
626 facility, as communicated to the agency by the local authority
627 having jurisdiction or the State Fire Marshal.
628 (j) Knowingly operating any unlicensed facility or
629 providing without a license any service that must be licensed
630 under this chapter or chapter 400.
631 (k) Any act constituting a ground upon which application
632 for a license may be denied.
633 (2) Upon notification by the local authority having
634 jurisdiction or by the State Fire Marshal, the agency may deny
635 or revoke the license of an assisted living facility that fails
636 to correct cited fire code violations that affect or threaten
637 the health, safety, or welfare of a resident of a facility.
638 (3) The agency may deny or revoke a license of an to any
639 applicant or controlling interest as defined in part II of
640 chapter 408 which has or had a 25 percent 25-percent or greater
641 financial or ownership interest in any other facility that is
642 licensed under this part, or in any entity licensed by this
643 state or another state to provide health or residential care, if
644 that which facility or entity during the 5 years prior to the
645 application for a license closed due to financial inability to
646 operate; had a receiver appointed or a license denied,
647 suspended, or revoked; was subject to a moratorium; or had an
648 injunctive proceeding initiated against it.
649 (4) The agency shall deny or revoke the license of an
650 assisted living facility if:
651 (a) There are two moratoria, issued pursuant to this part
652 or part II of chapter 408, within a 2-year period which are
653 imposed by final order;
654 (b) The facility is cited for two or more class I
655 violations arising from unrelated circumstances during the same
656 survey or investigation; or
657 (c) The facility is cited for two or more class I
658 violations arising from separate surveys or investigations
659 within a 2-year period that has two or more class I violations
660 that are similar or identical to violations identified by the
661 agency during a survey, inspection, monitoring visit, or
662 complaint investigation occurring within the previous 2 years.
663 (5) An action taken by the agency to suspend, deny, or
664 revoke a facility’s license under this part or part II of
665 chapter 408, in which the agency claims that the facility owner
666 or an employee of the facility has threatened the health,
667 safety, or welfare of a resident of the facility, must be heard
668 by the Division of Administrative Hearings of the Department of
669 Management Services within 120 days after receipt of the
670 facility’s request for a hearing, unless that time limitation is
671 waived by both parties. The administrative law judge shall must
672 render a decision within 30 days after receipt of a proposed
673 recommended order.
674 (6) As provided under s. 408.814, the agency shall impose
675 an immediate moratorium on an assisted living facility that
676 fails to provide the agency access to the facility or prohibits
677 the agency from conducting a regulatory inspection. The licensee
678 may not restrict agency staff in accessing and copying records
679 or in conducting confidential interviews with facility staff or
680 any individual who receives services from the facility provide
681 to the Division of Hotels and Restaurants of the Department of
682 Business and Professional Regulation, on a monthly basis, a list
683 of those assisted living facilities that have had their licenses
684 denied, suspended, or revoked or that are involved in an
685 appellate proceeding pursuant to s. 120.60 related to the
686 denial, suspension, or revocation of a license.
687 (7) Agency notification of a license suspension or
688 revocation, or denial of a license renewal, shall be posted and
689 visible to the public at the facility.
690 (8) If a facility is required to relocate some or all of
691 its residents due to agency action, that facility is exempt from
692 the 45-days’ notice requirement imposed under s. 429.28(1)(k).
693 This subsection does not exempt the facility from any deadlines
694 for corrective action set by the agency.
695 Section 8. Paragraphs (a) and (b) of subsection (2) of
696 section 429.178, Florida Statutes, are amended to read:
697 429.178 Special care for persons with Alzheimer’s disease
698 or other related disorders.—
699 (2)(a) An individual who is employed by a facility that
700 provides special care for residents who have with Alzheimer’s
701 disease or other related disorders, and who has regular contact
702 with such residents, must complete up to 4 hours of initial
703 dementia-specific training developed or approved by the
704 department. The training must shall be completed within 3 months
705 after beginning employment and satisfy shall satisfy the core
706 training requirements of s. 429.52(3)(g) s. 429.52(2)(g).
707 (b) A direct caregiver who is employed by a facility that
708 provides special care for residents with Alzheimer’s disease or
709 other related disorders, and who provides direct care to such
710 residents, must complete the required initial training and 4
711 additional hours of training developed or approved by the
712 department. The training must shall be completed within 9 months
713 after beginning employment and satisfy shall satisfy the core
714 training requirements of s. 429.52(3)(g) s. 429.52(2)(g).
715 Section 9. Section 429.19, Florida Statutes, is amended to
716 read:
717 429.19 Violations; imposition of administrative fines;
718 grounds.—
719 (1) In addition to the requirements of part II of chapter
720 408, the agency shall impose an administrative fine in the
721 manner provided in chapter 120 for the violation of any
722 provision of this part, part II of chapter 408, and applicable
723 rules by an assisted living facility, for the actions of any
724 person subject to level 2 background screening under s. 408.809,
725 for the actions of any facility employee, or for an intentional
726 or negligent act seriously affecting the health, safety, or
727 welfare of a resident of the facility.
728 (2) Each violation of this part and adopted rules must
729 shall be classified according to the nature of the violation and
730 the gravity of its probable effect on facility residents. The
731 agency shall indicate the classification on the written notice
732 of the violation as follows:
733 (a) Class “I” violations are defined in s. 408.813. The
734 agency shall impose an administrative fine of $7,500 for each a
735 cited class I violation in a facility that is licensed for fewer
736 than 100 beds at the time of the violation in an amount not less
737 than $5,000 and not exceeding $10,000 for each violation. The
738 agency shall impose an administrative fine of $11,250 for each
739 cited class I violation in a facility that is licensed for 100
740 or more beds at the time of the violation. If the noncompliance
741 occurred within the prior 12 months, the fine must be levied for
742 violations that are corrected before an inspection.
743 (b) Class “II” violations are defined in s. 408.813. The
744 agency shall impose an administrative fine of $3,000 for each a
745 cited class II violation in a facility that is licensed for
746 fewer than 100 beds at the time of the violation in an amount
747 not less than $1,000 and not exceeding $5,000 for each
748 violation. The agency shall impose an administrative fine of
749 $4,500 for each cited class II violation in a facility that is
750 licensed for 100 or more beds at the time of the violation.
751 (c) Class “III” violations are defined in s. 408.813. The
752 agency shall impose an administrative fine of $750 for each a
753 cited class III violation in a facility that is licensed for
754 fewer than 100 beds at the time of the violation in an amount
755 not less than $500 and not exceeding $1,000 for each violation.
756 The agency shall impose an administrative fine of $1,125 for
757 each cited class III violation in a facility that is licensed
758 for 100 or more beds at the time of the violation.
759 (d) Class “IV” violations are defined in s. 408.813. The
760 agency shall impose an administrative fine of $150 for each a
761 cited class IV violation in a facility that is licensed for
762 fewer than 100 beds at the time of the violation in an amount
763 not less than $100 and not exceeding $200 for each violation.
764 The agency shall impose an administrative fine of $225 for each
765 cited class IV violation in a facility that is licensed for 100
766 or more beds at the time of the violation.
767 (e) Any fine imposed for a class I violation or a class II
768 violation must be doubled if a facility was previously cited for
769 one or more class I or class II violations during the agency’s
770 last licensure inspection or any inspection or complaint
771 investigation since the last licensure inspection.
772 (f) Notwithstanding s. 408.813(2)(c) and (d) and s.
773 408.832, a fine must be imposed for each class III or class IV
774 violation, regardless of correction, if a facility was
775 previously cited for one or more class III or class IV
776 violations during the agency’s last licensure inspection or any
777 inspection or complaint investigation since the last licensure
778 inspection for the same regulatory violation. A fine imposed for
779 class III or class IV violations must be doubled if a facility
780 was previously cited for one or more class III or class IV
781 violations during the agency’s last two licensure inspections
782 for the same regulatory violation.
783 (g) Regardless of the class of violation cited, instead of
784 the fine amounts listed in paragraphs (a)-(d), the agency shall
785 impose an administrative fine of $500 if a facility is found not
786 to be in compliance with the background screening requirements
787 as provided in s. 408.809.
788 (3) For purposes of this section, in determining if a
789 penalty is to be imposed and in fixing the amount of the fine,
790 the agency shall consider the following factors:
791 (a) The gravity of the violation, including the probability
792 that death or serious physical or emotional harm to a resident
793 will result or has resulted, the severity of the action or
794 potential harm, and the extent to which the provisions of the
795 applicable laws or rules were violated.
796 (b) Actions taken by the owner or administrator to correct
797 violations.
798 (c) Any previous violations.
799 (d) The financial benefit to the facility of committing or
800 continuing the violation.
801 (e) The licensed capacity of the facility.
802 (3)(4) Each day of continuing violation after the date
803 established by the agency fixed for correction termination of
804 the violation, as ordered by the agency, constitutes an
805 additional, separate, and distinct violation.
806 (4)(5) An Any action taken to correct a violation shall be
807 documented in writing by the owner or administrator of the
808 facility and verified through followup visits by agency
809 personnel. The agency may impose a fine and, in the case of an
810 owner-operated facility, revoke or deny a facility’s license
811 when a facility administrator fraudulently misrepresents action
812 taken to correct a violation.
813 (5)(6) A Any facility whose owner fails to apply for a
814 change-of-ownership license in accordance with part II of
815 chapter 408 and operates the facility under the new ownership is
816 subject to a fine of $5,000.
817 (6)(7) In addition to any administrative fines imposed, the
818 agency may assess a survey fee, equal to the lesser of one half
819 of the facility’s biennial license and bed fee or $500, to cover
820 the cost of conducting initial complaint investigations that
821 result in the finding of a violation that was the subject of the
822 complaint or monitoring visits conducted under s. 429.28(3)(c)
823 to verify the correction of the violations.
824 (7)(8) During an inspection, the agency shall make a
825 reasonable attempt to discuss each violation with the owner or
826 administrator of the facility, prior to written notification.
827 (8)(9) The agency shall develop and disseminate an annual
828 list of all facilities sanctioned or fined for violations of
829 state standards, the number and class of violations involved,
830 the penalties imposed, and the current status of cases. The list
831 shall be disseminated, at no charge, to the Department of
832 Elderly Affairs, the Department of Health, the Department of
833 Children and Families Family Services, the Agency for Persons
834 with Disabilities, the area agencies on aging, the Florida
835 Statewide Advocacy Council, and the state and local ombudsman
836 councils. The Department of Children and Families Family
837 Services shall disseminate the list to service providers under
838 contract to the department who are responsible for referring
839 persons to a facility for residency. The agency may charge a fee
840 commensurate with the cost of printing and postage to other
841 interested parties requesting a copy of this list. This
842 information may be provided electronically or through the
843 agency’s website Internet site.
844 Section 10. Subsection (3) and paragraph (c) of subsection
845 (4) of section 429.256, Florida Statutes, are amended to read:
846 429.256 Assistance with self-administration of medication.—
847 (3) Assistance with self-administration of medication
848 includes:
849 (a) Taking the medication, in its previously dispensed,
850 properly labeled container, including an insulin syringe that is
851 prefilled with the proper dosage by a pharmacist and an insulin
852 pen that is prefilled by the manufacturer, from where it is
853 stored, and bringing it to the resident.
854 (b) In the presence of the resident, reading the label,
855 opening the container, removing a prescribed amount of
856 medication from the container, and closing the container,
857 including removing the cap of a nebulizer, opening the unit dose
858 of nebulizer solution, and pouring the prescribed premeasured
859 dose of medication into the dispensing cup of the nebulizer.
860 (c) Placing an oral dosage in the resident’s hand or
861 placing the dosage in another container and helping the resident
862 by lifting the container to his or her mouth.
863 (d) Applying topical medications.
864 (e) Returning the medication container to proper storage.
865 (f) Keeping a record of when a resident receives assistance
866 with self-administration under this section.
867 (g) Assisting with the use of a nebulizer.
868 (h) Using a glucometer to perform blood-glucose level
869 checks.
870 (i) Assisting with putting on and taking off antiembolism
871 stockings.
872 (j) Assisting with applying and removing an oxygen cannula.
873 (k) Assisting with the use of a continuous positive airway
874 pressure (CPAP) device.
875 (l) Assisting with measuring vital signs.
876 (m) Assisting with colostomy bags.
877 (4) Assistance with self-administration does not include:
878 (c) Administration of medications through intermittent
879 positive pressure breathing machines or a nebulizer.
880 Section 11. Subsections (2), (5), and (6) of section
881 429.28, Florida Statutes, are amended to read:
882 429.28 Resident bill of rights.—
883 (2) The administrator of a facility shall ensure that a
884 written notice of the rights, obligations, and prohibitions set
885 forth in this part is posted in a prominent place in each
886 facility and read or explained to residents who cannot read. The
887 This notice must shall include the name, address, and telephone
888 numbers of the local ombudsman council, the and central abuse
889 hotline, and, if when applicable, Disability Rights Florida the
890 Advocacy Center for Persons with Disabilities, Inc., and the
891 Florida local advocacy council, where complaints may be lodged.
892 The notice must state that a complaint made to the Office of
893 State Long-Term Care Ombudsman or a local long-term care
894 ombudsman council, the names and identities of the residents
895 involved in the complaint, and the identity of complainants are
896 kept confidential pursuant to s. 400.0077 and that retaliatory
897 action cannot be taken against a resident for presenting
898 grievances or for exercising any other resident right. The
899 facility must ensure a resident’s access to a telephone to call
900 the local ombudsman council, central abuse hotline, and
901 Disability Rights Florida Advocacy Center for Persons with
902 Disabilities, Inc., and the Florida local advocacy council.
903 (5) A No facility or employee of a facility may not serve
904 notice upon a resident to leave the premises or take any other
905 retaliatory action against any person who:
906 (a) Exercises any right set forth in this section.
907 (b) Appears as a witness in any hearing, inside or outside
908 the facility.
909 (c) Files a civil action alleging a violation of the
910 provisions of this part or notifies a state attorney or the
911 Attorney General of a possible violation of such provisions.
912 (6) A Any facility that which terminates the residency of
913 an individual who participated in activities specified in
914 subsection (5) must shall show good cause in a court of
915 competent jurisdiction. If good cause is not shown, the agency
916 shall impose a fine of $2,500 in addition to any other penalty
917 assessed against the facility.
918 Section 12. Section 429.34, Florida Statutes, is amended to
919 read:
920 429.34 Right of entry and inspection.—
921 (1) In addition to the requirements of s. 408.811, any duly
922 designated officer or employee of the department, the Department
923 of Children and Families Family Services, the Medicaid Fraud
924 Control Unit of the Office of the Attorney General, the state or
925 local fire marshal, or a member of the state or local long-term
926 care ombudsman council has shall have the right to enter
927 unannounced upon and into the premises of any facility licensed
928 pursuant to this part in order to determine the state of
929 compliance with the provisions of this part, part II of chapter
930 408, and applicable rules. Data collected by the state or local
931 long-term care ombudsman councils or the state or local advocacy
932 councils may be used by the agency in investigations involving
933 violations of regulatory standards. A person specified in this
934 section who knows or has reasonable cause to suspect that a
935 vulnerable adult has been or is being abused, neglected, or
936 exploited shall immediately report such knowledge or suspicion
937 to the central abuse hotline pursuant to chapter 415.
938 (2) The agency shall inspect each licensed assisted living
939 facility at least once every 24 months to determine compliance
940 with this chapter and related rules. If an assisted living
941 facility is cited for one or more class I violations or two or
942 more class II violations arising from separate surveys within a
943 60-day period or due to unrelated circumstances during the same
944 survey, the agency must conduct an additional licensure
945 inspection within 6 months. In addition to any fines imposed on
946 the facility under s. 429.19, the licensee shall pay a fee for
947 the cost of the additional inspection equivalent to the standard
948 assisted living facility license and per-bed fees, without
949 exception for beds designated for recipients of optional state
950 supplementation. The agency shall adjust the fee in accordance
951 with s. 408.805.
952 Section 13. Subsection (2) of section 429.41, Florida
953 Statutes, is amended to read:
954 429.41 Rules establishing standards.—
955 (2) In adopting any rules pursuant to this part, the
956 department, in conjunction with the agency, shall make distinct
957 standards for facilities based upon facility size; the types of
958 care provided; the physical and mental capabilities and needs of
959 residents; the type, frequency, and amount of services and care
960 offered; and the staffing characteristics of the facility. Rules
961 developed pursuant to this section may shall not restrict the
962 use of shared staffing and shared programming in facilities that
963 are part of retirement communities that provide multiple levels
964 of care and otherwise meet the requirements of law and rule. If
965 a continuing care facility licensed under chapter 651 or a
966 retirement community offering multiple levels of care authorizes
967 assisted living services in a building or part of a building
968 designated for independent living, staffing requirements
969 established in rule apply only to residents who have contracted
970 for, and are receiving, assisted living services. If a facility
971 uses flexible beds, staffing requirements established in rule
972 apply only to residents receiving services through the flexible
973 bed license provided for by department rule. Except for uniform
974 firesafety standards, the department shall adopt by rule
975 separate and distinct standards for facilities with 16 or fewer
976 beds and for facilities with 17 or more beds. The standards for
977 facilities with 16 or fewer beds must shall be appropriate for a
978 noninstitutional residential environment;, however, provided
979 that the structure may not be is no more than two stories in
980 height and all persons who cannot exit the facility unassisted
981 in an emergency must reside on the first floor. The department,
982 in conjunction with the agency, may make other distinctions
983 among types of facilities as necessary to enforce the provisions
984 of this part. Where appropriate, the agency shall offer
985 alternate solutions for complying with established standards,
986 based on distinctions made by the department and the agency
987 relative to the physical characteristics of facilities and the
988 types of care offered therein.
989 Section 14. Present subsections (1) through (11) of section
990 429.52, Florida Statutes, are renumbered as subsections (2)
991 through (12), respectively, a new subsection (1) is added to
992 that section, and present subsection (9) of that section is
993 amended, to read:
994 429.52 Staff training and educational programs; core
995 educational requirement.—
996 (1) Effective October 1, 2014, each new assisted living
997 facility employee who has not previously completed core training
998 must attend a preservice orientation provided by the facility
999 before interacting with residents. The preservice orientation
1000 must be at least 2 hours in duration and cover topics that help
1001 the employee provide responsible care and respond to the needs
1002 of facility residents. Upon completion, the employee and the
1003 administrator of the facility must sign an affidavit stating
1004 that the employee completed the required preservice orientation.
1005 The facility must keep the affidavit in the employee’s work
1006 file.
1007 (10)(9) The training required by this section must shall be
1008 conducted by persons registered with the department as having
1009 the requisite experience and credentials to conduct the
1010 training. A person seeking to register as a trainer must provide
1011 the department with proof of completion of the minimum core
1012 training education requirements, successful passage of the
1013 competency test established under this section, and proof of
1014 compliance with the continuing education requirement in
1015 subsection (5) (4).
1016 Section 15. Section 429.55, Florida Statutes, is created to
1017 read:
1018 429.55 Facilities licensed for flexible beds.—
1019 (1) Beginning January 1, 2015, a facility may apply for a
1020 flexible bed license.
1021 (2) A facility that has a flexible bed license shall:
1022 (a) Retain a log that lists the name of each resident who
1023 has contracted for and is receiving assisted living services in
1024 flexible bed living units, the unit number in which the resident
1025 resides, the date the contract for the services commenced, the
1026 date that services ended in the flexible bed living unit if
1027 applicable, and documentation to demonstrate that minimum
1028 staffing standards are met;
1029 (b) Specify in the flexible bed contract the process that
1030 will be used to determine when a resident is no longer eligible
1031 for services provided through the flexible bed license. This
1032 contract for services must also outline if the delivery of
1033 services in a flexible bed living unit will be covered under the
1034 existing residency agreement or will require a fee for service
1035 payment; and
1036 (c) Retain each flexible bed contract for 5 years after the
1037 assisted living services end. All other records must be retained
1038 for at least 2 years from the date of termination of the
1039 services.
1040 (3) Upon request, a facility that has a flexible bed
1041 license must provide state surveyors with access to the log
1042 described in paragraph (2)(a). State surveyors shall also have
1043 access to independent living units occupied by residents who are
1044 receiving services through the flexible bed license at the time
1045 of any survey. State surveyors may interview any resident who
1046 has received services through the flexible bed license since the
1047 last biennial survey, but who is no longer receiving such
1048 services.
1049 (4) A flexible bed license does not preclude a resident who
1050 lives in a building that has such a license from obtaining home
1051 health services in accordance with the policies of the facility.
1052 Section 16. The Legislature finds that consistent
1053 regulation of assisted living facilities benefits residents and
1054 operators of such facilities. To determine whether surveys are
1055 consistent between surveys and surveyors, the Office of Program
1056 Policy Analysis and Government Accountability (OPPAGA) shall
1057 conduct a study of intersurveyor reliability for assisted living
1058 facilities. By November 1, 2014, OPPAGA shall report its
1059 findings to the Governor, the President of the Senate, and the
1060 Speaker of the House of Representatives and make any
1061 recommendations for improving intersurveyor reliability.
1062 Section 17. The Legislature finds that consumers need
1063 additional information on the quality of care and service in
1064 assisted living facilities in order to select the best facility
1065 for themselves or their loved ones. Therefore, the Agency for
1066 Health Care Administration shall:
1067 (1) Implement a rating system for assisted living
1068 facilities by November 1, 2014. The agency shall adopt rules to
1069 administer this subsection.
1070 (2) By January 1, 2015, create content that is easily
1071 accessible through the front page of the agency’s website. At a
1072 minimum, the content must include:
1073 (a) Information on each licensed assisted living facility,
1074 including, but not limited to:
1075 1. The name and address of the facility.
1076 2. The number and type of licensed beds in the facility.
1077 3. The types of licenses held by the facility.
1078 4. The facility’s license expiration date and status.
1079 5. Other relevant information that the agency currently
1080 collects.
1081 (b) A list of the facility’s violations, including, for
1082 each violation:
1083 1. A summary of the violation which is presented in a
1084 manner understandable by the general public;
1085 2. Any sanctions imposed by final order; and
1086 3. A summary of any corrective action taken by the
1087 facility.
1088 (c) Links to inspection reports that the agency has on
1089 file.
1090 (d) A monitored comment page, maintained by the agency,
1091 which allows members of the public to anonymously comment on
1092 assisted living facilities that are licensed to operate in this
1093 state. This comment page must, at a minimum, allow members of
1094 the public to post comments on their experiences with, or
1095 observations of, an assisted living facility and to review other
1096 people’s comments. Comments posted to the agency’s comment page
1097 may not contain profanity and are intended to provide meaningful
1098 feedback about the assisted living facility. The agency shall
1099 review comments for profane content before the comments are
1100 posted to the page. A controlling interest, as defined in s.
1101 408.803, Florida Statutes, in an assisted living facility, or an
1102 employee or owner of an assisted living facility, is prohibited
1103 from posting comments on the page, except that a controlling
1104 interest, employee, or owner may respond to comments on the
1105 page, and the agency shall ensure that the responses are
1106 identified as being from a representative of the facility.
1107 Section 18. This act shall take effect July 1, 2014.
