Florida Senate - 2009                                    SB 2634
       
       
       
       By Senator Storms
       
       
       
       
       10-01275A-09                                          20092634__
    1                        A bill to be entitled                      
    2         An act relating to adult protection and care; amending
    3         s. 322.142, F.S.; authorizing the Department of
    4         Highway Safety and Motor Vehicles to make a
    5         reproduction of a digital record of a licensee for the
    6         purposes of ch. 415, F.S., relating to adult
    7         protective investigations; amending s. 400.141, F.S.;
    8         requiring a search of the Department of Law
    9         Enforcement’s sexual offender data base to be
   10         conducted on prospective or newly admitted nursing
   11         home residents; allowing a licensed facility to use
   12         certain information to assess the needs of its
   13         resident and to provide health care and protective and
   14         support services; allowing a licensed facility to
   15         disclose certain information to its residents;
   16         requiring certain contract workers to sign in and out
   17         of a facility and for the facility to maintain a log
   18         of the information; amending s. 408.808, F.S.;
   19         deleting a cross-reference; amending s. 408.810, F.S.;
   20         requiring health care facilities regulated by the
   21         Agency for Health Care Administration to post certain
   22         information in the facility; amending s. 415.103,
   23         F.S.; requiring certain reports to the central abuse
   24         hotline relating to vulnerable adults to be
   25         immediately transferred to the appropriate law
   26         enforcement agency; amending s. 415.1051, F.S.;
   27         authorizing the Department of Children and Family
   28         Services to file the petition to determine incapacity
   29         in adult protection proceedings; prohibiting the
   30         department from serving as the guardian or providing
   31         legal counsel to the guardian under specified
   32         circumstances; amending s. 415.112, F.S.; specifying
   33         rules to be adopted by the Department of Children and
   34         Family Services relating to adult protective services
   35         under ch. 415, F.S.; amending s. 429.02, F.S.;
   36         revising the definition of “service plan” to remove
   37         the limitation that plans apply only to residents in
   38         assisted living facilities who receive extended
   39         congregate care services; amending s. 429.07, F.S.;
   40         providing that requirements for specialty licenses
   41         apply to current licensees as well as applicants for
   42         an extended congregate care and limited nursing
   43         license; conforming a cross-reference; deleting the
   44         requirement that the Department of Elderly Affairs
   45         submit a yearly report on extended congregate care
   46         services; amending s. 429.174, F.S.; requiring certain
   47         contract workers to sign in and out of a facility and
   48         for the facility to maintain a log of the information;
   49         amending s. 429.255, F.S.; requiring professional
   50         volunteers to report their observations about
   51         residents to a facility employee, who is required to
   52         make appropriate notation in the residents' records;
   53         providing that the owner or administrator of an
   54         assisted living facility is responsible for the
   55         services provided in the facility; amending s. 429.26,
   56         F.S.; clarifying a prohibition on moving a resident;
   57         providing for the development of a service plan for
   58         all residents; requiring a search of the Department of
   59         Law Enforcement’s sexual offender data base to be
   60         conducted on prospective or newly admitted nursing
   61         home residents; requiring residents in nursing care to
   62         be assessed monthly for change of status; requiring
   63         residents to be assessed periodically for competency
   64         to handle personal and financial affairs; amending s.
   65         429.27, F.S.; prohibiting assisted living facility
   66         personnel from making certain decisions for a resident
   67         or act as the resident’s representative or surrogate;
   68         amending s. 429.28, F.S.; requiring that notice of a
   69         resident’s relocation or termination of residency be
   70         in writing and a copy sent to specified persons,
   71         including the State Long-Term Care Ombudsman Program;
   72         requiring the program to include the information in
   73         their annual report; requiring facilities to have a
   74         written grievance procedure that includes certain
   75         information; requiring that grievances reported to the
   76         local ombudsman council be included in a statewide
   77         reporting system; amending s. 429.294, F.S.; deleting
   78         a cross-reference; amending s. 429.41, F.S.; requiring
   79         all residents of assisted living facilities to have a
   80         service plan; amending s. 429.65, F.S.; defining the
   81         term “reside”; amending s. 429.69, F.S.; providing
   82         that the failure of an adult family-care home provider
   83         to live in the home is grounds for the denial,
   84         revocation, or suspension of a license; amending s.
   85         429.73, F.S.; requiring adult family-care home
   86         residents to be periodically assessed for competency
   87         to handle personal and financial affairs; repealing s.
   88         400.141(13), F.S., relating to a requirement to post
   89         certain information in nursing homes; repealing s.
   90         408.809(3), F.S., relating to the issuance of a
   91         provisional license while awaiting federal background
   92         screening results; repealing s. 429.08(2), F.S.,
   93         deleting a provision relating to local workgroups of
   94         field offices of the Agency for Health Care
   95         Administration; repealing s. 429.41(5), F.S., relating
   96         to agency inspections; amending ss. 430.80 and
   97         651.118, F.S.; conforming cross-references; providing
   98         an effective date.
   99  
  100  Be It Enacted by the Legislature of the State of Florida:
  101  
  102         Section 1. Subsection (4) of section 322.142, Florida
  103  Statutes, is amended to read:
  104         322.142 Color photographic or digital imaged licenses.—
  105         (4) The department may maintain a film negative or print
  106  file. The department shall maintain a record of the digital
  107  image and signature of the licensees, together with other data
  108  required by the department for identification and retrieval.
  109  Reproductions from the file or digital record are exempt from
  110  the provisions of s. 119.07(1) and shall be made and issued only
  111  for departmental administrative purposes; for the issuance of
  112  duplicate licenses; in response to law enforcement agency
  113  requests; to the Department of State pursuant to an interagency
  114  agreement to facilitate determinations of eligibility of voter
  115  registration applicants and registered voters in accordance with
  116  ss. 98.045 and 98.075; to the Department of Revenue pursuant to
  117  an interagency agreement for use in establishing paternity and
  118  establishing, modifying, or enforcing support obligations in
  119  Title IV-D cases; to the Department of Children and Family
  120  Services pursuant to an interagency agreement to conduct
  121  protective investigations under part III of chapter 39 and
  122  chapter 415; or to the Department of Financial Services pursuant
  123  to an interagency agreement to facilitate the location of owners
  124  of unclaimed property, the validation of unclaimed property
  125  claims, and the identification of fraudulent or false claims.
  126         Section 2. Subsections (25) and (26) are added to section
  127  400.141, Florida Statutes, to read:
  128         400.141 Administration and management of nursing home
  129  facilities.—Every licensed facility shall comply with all
  130  applicable standards and rules of the agency and shall:
  131         (25)Conduct a search of the Department of Law
  132  Enforcements sexual offender database for each prospective
  133  resident before admission or immediately after admission. A
  134  facility must maintain verification that all residents have been
  135  screened. The information obtained may be used by the facility
  136  to assess the needs of the resident and to provide adequate and
  137  appropriate health care and protective and support services in
  138  accordance with this part. The information may be disclosed to
  139  other residents. The facility does not have to rescreen a
  140  resident who is away from a facility for less than 45 days.
  141         (26)Require that each contract worker who does not provide
  142  personal services sign in upon entering the facility, wear
  143  visitor identification while on the premises, and sign out
  144  before leaving the facility. Each facility shall maintain a log
  145  containing the information collected, which must be retained by
  146  the facility for at least 6 months.
  147  
  148  Facilities that have been awarded a Gold Seal under the program
  149  established in s. 400.235 may develop a plan to provide
  150  certified nursing assistant training as prescribed by federal
  151  regulations and state rules and may apply to the agency for
  152  approval of their program.
  153         Section 3. Subsection (2) of section 408.808, Florida
  154  Statutes, is amended to read:
  155         408.808 License categories.—
  156         (2) PROVISIONAL LICENSE.—A provisional license may be
  157  issued to an applicant pursuant to s. 408.809(3). An applicant
  158  against whom a proceeding denying or revoking a license is
  159  pending at the time of license renewal may be issued a
  160  provisional license effective until final action not subject to
  161  further appeal.
  162         Section 4. Subsection (5) of section 408.810, Florida
  163  Statutes, is amended to read:
  164         408.810 Minimum licensure requirements.—In addition to the
  165  licensure requirements specified in this part, authorizing
  166  statutes, and applicable rules, each applicant and licensee must
  167  comply with the requirements of this section in order to obtain
  168  and maintain a license.
  169         (5) Each licensee must:
  170         (a) On or before the first day services are provided to a
  171  client, a licensee must inform the client and his or her
  172  immediate family or representative, if appropriate, of the right
  173  to report:
  174         1. Complaints. The statewide toll-free telephone number for
  175  reporting complaints to the agency must be provided to clients
  176  in a manner that is clearly legible and must include the words:
  177  “To report a complaint regarding the services you receive,
  178  please call toll-free (phone number).”
  179         2. Abusive, neglectful, or exploitative practices. The
  180  statewide toll-free telephone number for the central abuse
  181  hotline must be provided to clients in a manner that is clearly
  182  legible and must include the words: “To report abuse, neglect,
  183  or exploitation, please call toll-free (phone number).” The
  184  agency shall publish a minimum of a 90-day advance notice of a
  185  change in the toll-free telephone numbers.
  186         (b) Each licensee shall Establish appropriate policies and
  187  procedures for providing such notice to clients.
  188         (c)Publicly display a poster approved by the agency
  189  containing the names, addresses, and telephone numbers for the
  190  state’s central abuse hotline, the State Long-Term Care
  191  Ombudsman, the agency’s consumer hotline, the Advocacy Center
  192  for Persons with Disabilities, the Florida Statewide Advocacy
  193  Council, the Medicaid Fraud Control Unit, and the website for
  194  the Statewide Public Guardianship Office, along with a clear
  195  description of the assistance to be expected from each. The
  196  agency may charge a fee for the cost of production and
  197  distribution of the poster. However, providers may download the
  198  poster, at no charge, from the agency’s website.
  199         Section 5. Subsection (2) of section 415.103, Florida
  200  Statutes, is amended to read:
  201         415.103 Central abuse hotline.—
  202         (2) Upon receiving an oral or written report of known or
  203  suspected abuse, neglect, or exploitation of a vulnerable adult,
  204  the central abuse hotline shall must determine if the report
  205  requires an immediate onsite protective investigation.
  206         (a) For reports requiring an immediate onsite protective
  207  investigation, the central abuse hotline must immediately notify
  208  the department’s designated protective investigative district
  209  staff responsible for protective investigations to ensure prompt
  210  initiation of an onsite investigation.
  211         (b) For reports not requiring an immediate onsite
  212  protective investigation, the central abuse hotline must notify
  213  the department’s designated protective investigative district
  214  staff responsible for protective investigations in sufficient
  215  time to allow for an investigation to be commenced within 24
  216  hours. At the time of notification of district staff with
  217  respect to the report, the central abuse hotline must also
  218  provide any known information on any previous reports report
  219  concerning the a subject of the present report or any pertinent
  220  information relative to the present report or any noted earlier
  221  reports.
  222         (c)If the report is of known or suspected abuse of a
  223  vulnerable adult by someone other than a relative, caregiver, or
  224  household member, the call shall be immediately transferred to
  225  the appropriate law enforcement agency.
  226         Section 6. Paragraph (e) of subsection (1) and paragraph
  227  (g) of subsection (2) of section 415.1051, Florida Statutes, is
  228  amended to read:
  229         415.1051 Protective services interventions when capacity to
  230  consent is lacking; nonemergencies; emergencies; orders;
  231  limitations.—
  232         (1) NONEMERGENCY PROTECTIVE SERVICES INTERVENTIONS.—If the
  233  department has reasonable cause to believe that a vulnerable
  234  adult or a vulnerable adult in need of services is being abused,
  235  neglected, or exploited and is in need of protective services
  236  but lacks the capacity to consent to protective services, the
  237  department shall petition the court for an order authorizing the
  238  provision of protective services.
  239         (e) Continued protective services.—
  240         1. Within No more than 60 days after the date of the order
  241  authorizing the provision of protective services, the department
  242  shall petition the court to determine whether:
  243         a. Protective services are to will be continued with the
  244  consent of the vulnerable adult pursuant to this subsection;
  245         b. Protective services are to will be continued for the
  246  vulnerable adult who lacks capacity;
  247         c. Protective services are to will be discontinued; or
  248         d. A petition for guardianship shall should be filed
  249  pursuant to chapter 744.
  250         2. If the court determines that a petition for guardianship
  251  shall should be filed pursuant to chapter 744, the court, for
  252  good cause shown, may order continued protective services until
  253  it makes a determination regarding capacity.
  254         3.If the department has a good faith belief that the
  255  vulnerable adult lacks capacity, the petition to determine
  256  incapacity under s. 744.3201 may be filed by the department.
  257  Once the petition is filed, the department may not be appointed
  258  guardian and may not provide legal counsel for the guardian.
  259         (2) EMERGENCY PROTECTIVE SERVICES INTERVENTION.—If the
  260  department has reasonable cause to believe that a vulnerable
  261  adult is suffering from abuse or neglect that presents a risk of
  262  death or serious physical injury to the vulnerable adult and
  263  that the vulnerable adult lacks the capacity to consent to
  264  emergency protective services, the department may take action
  265  under this subsection. If the vulnerable adult has the capacity
  266  to consent and refuses consent to emergency protective services,
  267  emergency protective services may not be provided.
  268         (g) Continued emergency protective services.—
  269         1. Within Not more than 60 days after the date of the order
  270  authorizing the provision of emergency protective services, the
  271  department shall petition the court to determine whether:
  272         a. Emergency protective services are to will be continued
  273  with the consent of the vulnerable adult;
  274         b. Emergency protective services are to will be continued
  275  for the vulnerable adult who lacks capacity;
  276         c. Emergency protective services are to will be
  277  discontinued; or
  278         d. A petition shall should be filed under chapter 744.
  279         2. If it is decided to file a petition under chapter 744,
  280  for good cause shown, the court may order continued emergency
  281  protective services until a determination is made by the court.
  282         3.If the department has a good faith belief that the
  283  vulnerable adult lacks capacity, the petition to determine
  284  incapacity under s. 744.3201 may be filed by the department.
  285  Once the petition is filed, the department may not be appointed
  286  guardian and may not provide legal counsel for the guardian.
  287         Section 7. Section 415.112, Florida Statutes, is amended to
  288  read:
  289         415.112 Rules for implementation of ss. 415.101-415.113.
  290  The department shall adopt promulgate rules to administer this
  291  chapter, including, but not limited to: for the implementation
  292  of ss. 415.101-415.113.
  293         (1)Background screening of department employees and
  294  employee applicants which includes a criminal records check and
  295  drug testing of adult protective investigators and adult
  296  protective investigator supervisors.
  297         (2)The reporting of adult abuse, neglect, exploitation, a
  298  vulnerable adult in need of services, false reporting, and adult
  299  protective investigations.
  300         (3)Confidentiality and retention of department records,
  301  access to records, and record requests.
  302         (4)Injunctions and other protective orders.
  303         (5)The provision of emergency and nonemergency protective
  304  services intervention.
  305         (6)Agreements with law enforcement agencies and other
  306  state agencies.
  307         (7)Legal and casework procedures, including, but not
  308  limited to, diligent search, petitions, emergency removals,
  309  capacity to consent, and adult protection teams.
  310         (8)The legal and casework management of cases involving
  311  protective supervision, protective orders, judicial reviews,
  312  administrative reviews, case plans, and documentation
  313  requirements.
  314         (9)The coordination of casework, as appropriate, with the
  315  Agency for Health Care Administration, the Department of Elderly
  316  Affairs, the area agency on aging, the nursing home diversion or
  317  Medicaid waiver program provider, the Florida Senior Care
  318  provider, and other relevant agencies or organizations to
  319  develop a plan that improves the prospects for safety of
  320  affected residents and, if necessary, identifies alternative
  321  living arrangements such as facilities licensed under part II of
  322  chapter 400 or chapter 429.
  323         Section 8. Subsection (21) of section 429.02, Florida
  324  Statutes, is amended to read:
  325         429.02 Definitions.—When used in this part, the term:
  326         (21) “Service plan” means a written plan, developed and
  327  agreed upon by the resident and, if applicable, the resident’s
  328  representative or designee or the resident’s surrogate,
  329  guardian, or attorney in fact, if any, and the administrator or
  330  designee representing the facility, which addresses the unique
  331  physical and psychosocial needs, abilities, and personal
  332  preferences of each resident receiving extended congregate care
  333  services. The plan must shall include a brief written
  334  description, in easily understood language, of what services
  335  shall be provided, who shall provide the services, when the
  336  services shall be rendered, and the purposes and benefits of the
  337  services.
  338         Section 9. Paragraphs (b) and (c) of subsection (3) of
  339  section 429.07, Florida Statutes, are amended to read:
  340         429.07 License required; fee.—
  341         (3) In addition to the requirements of s. 408.806, each
  342  license granted by the agency must state the type of care for
  343  which the license is granted. Licenses shall be issued for one
  344  or more of the following categories of care: standard, extended
  345  congregate care, limited nursing services, or limited mental
  346  health.
  347         (b) An extended congregate care license shall be issued to
  348  facilities providing, directly or through contract, services
  349  beyond those authorized in paragraph (a), including services
  350  performed by persons licensed under acts performed pursuant to
  351  part I of chapter 464 by persons licensed thereunder, and
  352  supportive services, as defined by rule, to persons who would
  353  otherwise would be disqualified from continued residence in a
  354  facility licensed under this part.
  355         1. To obtain an In order for extended congregate care
  356  license services to be provided in a facility licensed under
  357  this part, the agency must first determine that all requirements
  358  established in law and rule are met and must specifically
  359  designate, on the facility’s license, that such services may be
  360  provided and whether the designation applies to all or part of
  361  the a facility. Such designation may be made at the time of
  362  initial licensure or relicensure, or upon request in writing by
  363  a licensee under this part and part II of chapter 408.
  364  Notification of approval or denial of the such request shall be
  365  made in accordance with part II of chapter 408. Existing
  366         2. Facilities applying for, and facilities currently
  367  licensed qualifying to provide, extended congregate care
  368  services must have maintained a standard license and may not
  369  have been subject to administrative sanctions during the
  370  previous 2 years, or since initial licensure if the facility has
  371  been licensed for less than 2 years, for any of the following
  372  reasons:
  373         a. A class I or class II violation;
  374         b. Three or more repeat or recurring class III violations
  375  of identical or similar resident care standards as specified in
  376  rule from which a pattern of noncompliance is found by the
  377  agency;
  378         c. Three or more class III violations that were not
  379  corrected in accordance with the corrective action plan approved
  380  by the agency;
  381         d. Violation of resident care standards that results in
  382  requiring the facility resulting in a requirement to employ the
  383  services of a consultant pharmacist or consultant dietitian;
  384         e. Denial, suspension, or revocation of a license for
  385  another facility licensed under this part in which the applicant
  386  for an extended congregate care license has at least 25 percent
  387  ownership interest; or
  388         f. Imposition of a moratorium pursuant to this part or part
  389  II of chapter 408 or initiation of injunctive proceedings.
  390         3.2.A facility that is Facilities that are licensed to
  391  provide extended congregate care services must shall maintain a
  392  written progress report on each person who receives such
  393  services, which report describes the type, amount, duration,
  394  scope, and outcome of services that are rendered and the general
  395  status of the resident’s health. A registered nurse, or
  396  appropriate designee, representing the agency shall visit the
  397  facility such facilities at least quarterly to monitor residents
  398  who are receiving extended congregate care services and to
  399  determine if the facility is in compliance with this part, part
  400  II of chapter 408, and rules that relate to extended congregate
  401  care. One of these visits may be in conjunction with the regular
  402  survey. The monitoring visits may be provided through
  403  contractual arrangements with appropriate community agencies. A
  404  registered nurse shall serve as part of the team that inspects
  405  the such facility. The agency may waive one of the required
  406  yearly monitoring visits for a facility that has been licensed
  407  for at least 24 months to provide extended congregate care
  408  services, if, during the inspection, the registered nurse
  409  determines that extended congregate care services are being
  410  provided appropriately, and if the facility has no class I or
  411  class II violations and no uncorrected class III violations.
  412  Before such decision is made, The agency must first shall
  413  consult with the long-term care ombudsman council for the area
  414  in which the facility is located to determine if any complaints
  415  have been made and substantiated about the quality of services
  416  or care. The agency may not waive one of the required yearly
  417  monitoring visits if complaints have been made and
  418  substantiated.
  419         4.3. Facilities that are licensed to provide extended
  420  congregate care services must shall:
  421         a. Demonstrate the capability to meet unanticipated
  422  resident service needs.
  423         b. Offer a physical environment that promotes a homelike
  424  setting, provides for resident privacy, promotes resident
  425  independence, and allows sufficient congregate space as defined
  426  by rule.
  427         c. Have sufficient staff available, taking into account the
  428  physical plant and firesafety features of the building, to
  429  assist with the evacuation of residents in an emergency, as
  430  necessary.
  431         d. Adopt and follow policies and procedures that maximize
  432  resident independence, dignity, choice, and decisionmaking to
  433  permit residents to age in place to the extent possible, so that
  434  moves due to changes in functional status are minimized or
  435  avoided.
  436         e. Allow residents or, if applicable, a resident’s
  437  representative, designee, surrogate, guardian, or attorney in
  438  fact to make a variety of personal choices, participate in
  439  developing service plans, and share responsibility in
  440  decisionmaking.
  441         f. Implement the concept of managed risk.
  442         g. Provide, either directly or through contract, the
  443  services of a person licensed pursuant to part I of chapter 464.
  444         h. In addition to the training mandated in s. 429.52,
  445  provide specialized training as defined by rule for facility
  446  staff.
  447         5.4. Facilities licensed to provide extended congregate
  448  care services are exempt from the criteria for continued
  449  residency as set forth in rules adopted under s. 429.41.
  450  Facilities so licensed must shall adopt their own requirements
  451  within guidelines for continued residency set forth by rule.
  452  However, such facilities may not serve residents who require 24
  453  hour nursing supervision. Facilities licensed to provide
  454  extended congregate care services must shall provide each
  455  resident with a written copy of facility policies governing
  456  admission and retention.
  457         6.5. The primary purpose of extended congregate care
  458  services is to allow residents, as they become more impaired,
  459  the option of remaining in a familiar setting from which they
  460  would otherwise be disqualified for continued residency. A
  461  facility licensed to provide extended congregate care services
  462  may also admit an individual who exceeds the admission criteria
  463  for a facility with a standard license, if the individual is
  464  determined appropriate for admission to the extended congregate
  465  care facility.
  466         7.6. Before admission of an individual to a facility
  467  licensed to provide extended congregate care services, the
  468  individual must undergo a medical examination as provided in s.
  469  429.26(4) and the facility must develop a preliminary service
  470  plan for the individual as provided in s. 429.26.
  471         8.7. When a facility can no longer provide or arrange for
  472  services in accordance with the resident’s service plan and
  473  needs and the facility’s policy, the facility shall make
  474  arrangements for relocating the person in accordance with s.
  475  429.28(1)(k).
  476         9.8. Failure to provide extended congregate care services
  477  may result in denial of extended congregate care license
  478  renewal.
  479         9.No later than January 1 of each year, the department, in
  480  consultation with the agency, shall prepare and submit to the
  481  Governor, the President of the Senate, the Speaker of the House
  482  of Representatives, and the chairs of appropriate legislative
  483  committees, a report on the status of, and recommendations
  484  related to, extended congregate care services. The status report
  485  must include, but need not be limited to, the following
  486  information:
  487         a.A description of the facilities licensed to provide such
  488  services, including total number of beds licensed under this
  489  part.
  490         b.The number and characteristics of residents receiving
  491  such services.
  492         c.The types of services rendered that could not be
  493  provided through a standard license.
  494         d.An analysis of deficiencies cited during licensure
  495  inspections.
  496         e.The number of residents who required extended congregate
  497  care services at admission and the source of admission.
  498         f.Recommendations for statutory or regulatory changes.
  499         g.The availability of extended congregate care to state
  500  clients residing in facilities licensed under this part and in
  501  need of additional services, and recommendations for
  502  appropriations to subsidize extended congregate care services
  503  for such persons.
  504         h.Such other information as the department considers
  505  appropriate.
  506         (c) A limited nursing services license shall be issued to a
  507  facility that provides services beyond those authorized in
  508  paragraph (a) and as specified in this paragraph.
  509         1. To obtain a In order for limited nursing services
  510  license to be provided in a facility licensed under this part,
  511  the agency must first determine that all requirements
  512  established in law and rule are met and must specifically
  513  designate, on the facility’s license, that such services may be
  514  provided. Such designation may be made at the time of initial
  515  licensure or relicensure, or upon request in writing by a
  516  licensee under this part and part II of chapter 408.
  517  Notification of approval or denial of such request shall be made
  518  in accordance with part II of chapter 408. Existing
  519         2. Facilities applying for, and facilities currently
  520  licensed qualifying to provide, limited nursing services must
  521  shall have maintained a standard license and may not have been
  522  subject to administrative sanctions that affect the health,
  523  safety, and welfare of residents for the previous 2 years or
  524  since initial licensure if the facility has been licensed for
  525  less than 2 years.
  526         3.2. Facilities that are licensed to provide limited
  527  nursing services shall maintain a written progress report on
  528  each person who receives such nursing services, which report
  529  describes the type, amount, duration, scope, and outcome of
  530  services that are rendered and the general status of the
  531  resident’s health. A registered nurse representing the agency
  532  shall visit such facilities at least twice a year to monitor
  533  residents who are receiving limited nursing services and to
  534  determine if the facility is in compliance with applicable
  535  provisions of this part, part II of chapter 408, and related
  536  rules. The monitoring visits may be provided through contractual
  537  arrangements with appropriate community agencies. A registered
  538  nurse shall also serve as part of the team that inspects the
  539  such facility.
  540         4.3. A person who receives limited nursing services under
  541  this part must meet the admission criteria established by the
  542  agency for assisted living facilities. If When a resident no
  543  longer meets the admission criteria for a facility licensed
  544  under this part, arrangements for relocating the person shall be
  545  made in accordance with s. 429.28(1)(k), unless the facility is
  546  also licensed to provide extended congregate care services.
  547         Section 10. Section 429.174, Florida Statutes, is amended
  548  to read:
  549         429.174 Background screening; exemptions.—
  550         (1) The owner or administrator of an assisted living
  551  facility must conduct level 1 background screening, as set forth
  552  in chapter 435, on all employees hired on or after October 1,
  553  1998, who perform personal services as defined in s. 429.02(16).
  554  The agency may exempt an individual from employment
  555  disqualification as set forth in chapter 435. Such persons shall
  556  be considered as having met this requirement if:
  557         (a)(1) Proof of compliance with level 1 screening
  558  requirements obtained to meet any professional license
  559  requirements in this state is provided and accompanied, under
  560  penalty of perjury, by a copy of the person’s current
  561  professional license and an affidavit of current compliance with
  562  the background screening requirements.
  563         (b)(2) The person required to be screened has been
  564  continuously employed in the same type of occupation for which
  565  the person is seeking employment without a breach in service
  566  which exceeds 180 days, and proof of compliance with the level 1
  567  screening requirement which is no more than 2 years old is
  568  provided. Proof of compliance shall be provided directly from
  569  one employer or contractor to another, and not from the person
  570  screened. Upon request, a copy of screening results shall be
  571  provided by the employer retaining documentation of the
  572  screening to the person screened.
  573         (c)(3) The person required to be screened is employed by a
  574  corporation or business entity or related corporation or
  575  business entity that owns, operates, or manages more than one
  576  facility or agency licensed under this chapter, and for whom a
  577  level 1 screening was conducted by the corporation or business
  578  entity as a condition of initial or continued employment.
  579         (2)A facility must require that each contract worker who
  580  does not provide personal services sign in upon entering the
  581  facility, wear visitor identification while on the premises, and
  582  sign out before leaving the facility. Each facility shall
  583  maintain a log containing the information collected, which must
  584  be retained by the facility for at least 6 months.
  585         Section 11. Subsection (1) of section 429.255, Florida
  586  Statutes, is amended to read:
  587         429.255 Use of personnel; emergency care.—
  588         (1)(a) Facility staff, including persons under contract to
  589  the facility, facility employees staff, or volunteers, who are
  590  licensed according to part I of chapter 464, or those persons
  591  exempt under s. 464.022(1), and others as defined by rule, may
  592  administer medications to residents, take residents’ vital
  593  signs, manage individual weekly pill organizers for residents
  594  who self-administer medication, give prepackaged enemas ordered
  595  by a physician, observe residents, document observations on the
  596  appropriate resident’s record, report observations to the
  597  resident’s physician, and contract or allow residents or a
  598  resident’s representative, designee, surrogate, guardian, or
  599  attorney in fact to contract with a third party, provided
  600  residents meet the criteria for appropriate placement as defined
  601  in s. 429.26. Nursing assistants certified pursuant to part II
  602  of chapter 464 may take residents’ vital signs as directed by a
  603  licensed nurse or physician.
  604         (b) Facility All staff, including persons under contract to
  605  the facility, and facility employees in facilities licensed
  606  under this part shall exercise their professional responsibility
  607  to observe residents, to document observations on the
  608  appropriate resident’s record, and to report the observations to
  609  the resident’s physician, and to provide needed services
  610  competently. Licensed volunteers have the same responsibility,
  611  but shall report to a facility employee who shall make the
  612  appropriate notation in the residents records. However, The
  613  owner or administrator of the facility is shall be responsible
  614  for determining that the resident receiving services is
  615  appropriate for residence in the facility and for the provision
  616  of and quality of care and services provided to the resident.
  617         (c) In an emergency situation, licensed personnel may carry
  618  out their professional duties pursuant to part I of chapter 464
  619  until emergency medical personnel assume responsibility for
  620  care.
  621         Section 12. Present subsections (8) through (12) of section
  622  429.26, Florida Statutes, are renumbered as sections (6) through
  623  (10), respectively, and present subsections (1) through (7) of
  624  that section, are amended to read:
  625         429.26 Appropriateness of placements; examinations of
  626  residents.—
  627         (1) The owner or administrator of a facility is responsible
  628  for determining the appropriateness of admission of an
  629  individual to the facility and for determining the continued
  630  appropriateness of residence of an individual in the facility. A
  631  determination shall be based upon an assessment of the
  632  strengths, needs, and preferences of the resident, the care and
  633  services offered or arranged for by the facility in accordance
  634  with facility policy, and any limitations in law or rule related
  635  to admission criteria or continued residency for the type of
  636  license held by the facility under this part. Except as provided
  637  in s. 429.28(1)(k), a resident may not be moved from one
  638  facility to another without consultation with and agreement from
  639  the resident or, if applicable, the resident’s representative or
  640  designee or the resident’s family, guardian, surrogate, or
  641  attorney in fact. If In the case of a resident who has been
  642  placed by the department or the Department of Children and
  643  Family Services, the administrator must notify the appropriate
  644  contact person in the applicable department.
  645         (2)A physician, physician assistant, or nurse practitioner
  646  who is employed by an assisted living facility to provide an
  647  initial examination for admission purposes may not have
  648  financial interest in the facility.
  649         (3)Persons licensed under part I of chapter 464 who are
  650  employed by or under contract with a facility shall, on a
  651  routine basis or at least monthly, perform a nursing assessment
  652  of the residents for whom they are providing nursing services
  653  ordered by a physician, except administration of medication, and
  654  shall document such assessment, including any substantial
  655  changes in a resident’s status which may necessitate relocation
  656  to a nursing home, hospital, or specialized health care
  657  facility. Such records shall be maintained in the facility for
  658  inspection by the agency and shall be forwarded to the
  659  resident’s case manager, if applicable.
  660         (2)(4) If possible, each resident shall have been examined
  661  by a licensed physician, a licensed physician assistant, or a
  662  licensed nurse practitioner within 60 days before admission to
  663  the facility. The person conducting an examination under this
  664  subsection may not have financial interest in the facility. The
  665  signed and completed medical examination report shall be
  666  submitted to the owner or administrator of the facility who
  667  shall use the information contained in the report therein to
  668  assist in determining the determination of the appropriateness
  669  of the resident’s admission and continued stay in the facility
  670  and to develop a service plan for the resident. The medical
  671  examination report and service plan shall become a permanent
  672  part of the record of the resident at the facility and shall be
  673  made available to the agency during inspection or upon request.
  674  An assessment that has been completed through the Comprehensive
  675  Assessment and Review for Long-Term Care Services (CARES)
  676  Program fulfills the requirements for a medical examination
  677  under this subsection and s. 429.07(3)(b)6.
  678         (a)(5) Except as provided in s. 429.07, if a medical
  679  examination has not been completed within 60 days before the
  680  admission of the resident to the facility, medical personnel a
  681  licensed physician, licensed physician assistant, or licensed
  682  nurse practitioner shall examine the resident and complete a
  683  medical examination form provided by the agency within 30 days
  684  following the admission to the facility to enable the facility
  685  owner or administrator to determine the appropriateness of the
  686  admission. The medical examination form shall become a permanent
  687  part of the record of the resident at the facility and shall be
  688  made available to the agency during inspection by the agency or
  689  upon request.
  690         (b)(6) Any resident accepted in a facility and placed by
  691  the department or the Department of Children and Family Services
  692  must be shall have been examined by medical personnel within 30
  693  days before placement in the facility and recorded on a medical
  694  examination form provided by the agency. The examination shall
  695  include an assessment of the appropriateness of placement in a
  696  facility. The findings of this examination shall be recorded on
  697  the examination form provided by the agency. The completed form
  698  shall accompany the resident and shall be submitted to the
  699  facility owner or administrator. For Additionally, in the case
  700  of a mental health resident, the Department of Children and
  701  Family Services must provide documentation that the individual
  702  has been assessed by a psychiatrist, clinical psychologist,
  703  clinical social worker, or psychiatric nurse, or an individual
  704  who is supervised by one of these professionals, and determined
  705  to be appropriate to reside in an assisted living facility. The
  706  documentation must be in the facility within 30 days after the
  707  mental health resident has been admitted to the facility. An
  708  evaluation completed upon discharge from a state mental hospital
  709  meets the requirements of this subsection related to
  710  appropriateness for placement as a mental health resident
  711  providing it was completed within 90 days prior to admission to
  712  the facility. The applicable department shall provide to the
  713  facility administrator any information about the resident that
  714  would help the administrator meet his or her responsibilities
  715  under this section subsection (1). Further, department personnel
  716  shall explain to the facility operator any special needs of the
  717  resident and advise the operator whom to call should problems
  718  arise. The applicable department shall advise and assist the
  719  facility administrator where the special needs of residents who
  720  are recipients of optional state supplementation require such
  721  assistance.
  722         (3)A search of the Department of Law Enforcements sexual
  723  offender database of a prospective resident must be conducted by
  724  the facility before admission or immediately after admission.
  725  The facility must maintain verification that all residents have
  726  been screened. The information obtained may be used by the
  727  facility to assess the needs of the resident and the care and
  728  services offered or arranged by the facility in accordance with
  729  this section, and may be disclosed to other residents. The
  730  facility does not have to rescreen a resident who is away from a
  731  facility for less than 45 days.
  732         (4)Persons licensed under part I of chapter 464 who are
  733  employed by or under contract with a facility shall perform a
  734  nursing assessment at least monthly of residents for whom they
  735  are providing nursing services ordered by a physician, except
  736  administration of medication, and shall document such
  737  assessment, including any substantial change in a resident’s
  738  status which may necessitate relocation to a nursing home,
  739  hospital, or specialized health care facility. The records must
  740  be maintained in the facility for inspection by the agency and
  741  shall be forwarded to the resident’s case manager, if
  742  applicable.
  743         (5)(7)Residents shall be periodically assessed to
  744  determine if the resident is competent to handle his or her
  745  personal and financial affairs and, if not, whether a
  746  responsible person such as a resident representative or
  747  designee, guardian, surrogate, or attorney in fact is available
  748  to make decisions on behalf of the resident.
  749         (a)If a resident is having difficulty handling his or her
  750  personal or financial affairs because of a decline in health or
  751  cognitive abilities, the owner or administrator shall contact
  752  the resident’s representative or designee, guardian, surrogate,
  753  or attorney in fact. If the resident does not have family or a
  754  legal representative to make decisions on his or her behalf, the
  755  owner or administrator must contact the Florida Abuse Hotline.
  756         (b) The facility must notify a licensed physician when a
  757  resident exhibits signs of dementia or cognitive impairment or
  758  has a change of condition in order to rule out the presence of
  759  an underlying physiological condition that may be contributing
  760  to such dementia or impairment. The notification must occur
  761  within 30 days after the acknowledgment of such signs by
  762  facility staff. If an underlying condition is determined to
  763  exist, the facility shall arrange, with the appropriate health
  764  care provider, the necessary care and services to treat the
  765  condition.
  766         Section 13. Present subsections (3) through (8) of section
  767  429.27, Florida Statutes, are renumbered as subsections (6)
  768  through (11), respectively, and subsections (1) and (2) of that
  769  section, are amended to read:
  770         429.27 Property and personal affairs of residents.—
  771         (1)(a) A resident shall be given the option of using his or
  772  her own belongings, as space permits; choosing his or her
  773  roommate; and, whenever possible, unless the resident is
  774  adjudicated incompetent or incapacitated under state law,
  775  managing his or her own affairs.
  776         (2)(b) The admission of a resident to a facility does and
  777  his or her presence therein shall not confer on the facility or
  778  its owner, administrator, staff member employees, or
  779  representatives any authority to manage, use, or dispose of any
  780  property of the resident or to make financial or health care
  781  decisions on behalf of the resident; nor shall such admission or
  782  presence confer on any of such persons any authority or
  783  responsibilityfor the personal affairs of the resident, except
  784  if that which may be necessary for the safe management of the
  785  facility or for the safety of the resident.
  786         (3)(2) A facility, or an owner, administrator, staff member
  787  employee, or representative thereof, may not act as the
  788  representative or designee, guardian, health care surrogate,
  789  trustee, or conservator for a any resident of the assisted
  790  living facility or any of the such resident’s property unless
  791  the person is a relative of the resident.
  792         (4)A facility An owner, administrator, or staff member, or
  793  representative thereof, may not act as a competent resident’s
  794  payee for social security, veteran’s, or railroad benefits
  795  without the consent of the resident. Any facility whose owner,
  796  administrator, or staff, or representative thereof who, serves
  797  as representative payee for a any resident must of the facility
  798  shall file a surety bond with the agency in an amount equal to
  799  twice the average monthly aggregate income or personal funds due
  800  to residents, or expendable for his or her their account, which
  801  are received by a facility.
  802         (5) Any facility whose owner, administrator, or staff
  803  member, or a representative thereof who, is granted power of
  804  attorney for a any resident must of the facility shall file a
  805  surety bond with the agency for each resident for whom such
  806  power of attorney is granted. The surety bond must shall be in
  807  an amount equal to twice the average monthly income of the
  808  resident, plus the value of any resident’s property under the
  809  control of the attorney in fact. The bond must shall be executed
  810  by the facility as principal and a licensed surety company. The
  811  bond shall be conditioned upon the faithful compliance of the
  812  facility with this section and shall run to the agency for the
  813  benefit of any resident who suffers a financial loss as a result
  814  of the misuse or misappropriation by a facility of funds held
  815  pursuant to this subsection. Any surety company that cancels or
  816  does not renew the bond of any licensee shall notify the agency
  817  in writing not less than 30 days in advance of such action,
  818  giving the reason for the cancellation or nonrenewal. Any
  819  facility owner, administrator, or staff, or representative
  820  thereof, who is granted power of attorney for a any resident of
  821  the facility shall, on a monthly basis, be required to provide
  822  the resident with a written statement of any transaction made on
  823  behalf of the resident pursuant to this subsection, and a copy
  824  of such statement given to the resident shall be retained in
  825  each resident’s file and available for agency inspection.
  826         Section 14. Paragraphs (k) and (l) of subsection (1) of
  827  section 429.28, Florida Statutes, are amended to read:
  828         429.28 Resident bill of rights.—
  829         (1) No resident of a facility shall be deprived of any
  830  civil or legal rights, benefits, or privileges guaranteed by
  831  law, the Constitution of the State of Florida, or the
  832  Constitution of the United States as a resident of a facility.
  833  Every resident of a facility shall have the right to:
  834         (k) At least 45 days’ written notice of relocation or
  835  termination of residency from the facility unless, for medical
  836  reasons, the resident is certified by a physician to require an
  837  emergency relocation to a facility providing a more skilled
  838  level of care or the resident engages in a pattern of conduct
  839  that is harmful or offensive to other residents. The notice must
  840  specify the reasons for the relocation or termination and a copy
  841  of the notice must be sent by registered mail to the resident’s
  842  representative or designee, guardian, surrogate, or attorney in
  843  fact at the same time the notice is mailed to the resident.
  844  Notice must also be sent by regular mail, facsimile, or e-mail
  845  to the State Long-Term Care Ombudsman Program within 5 business
  846  days after being mailed to the resident. The ombudsman program
  847  shall incorporate the information received in its annual report
  848  required under s. 400.0065, including the number of relocated
  849  residents and reasons for relocation or termination of facility
  850  residents, the type and size of facilities, and other relevant
  851  information. In the case of a resident who has been adjudicated
  852  mentally incapacitated, the guardian shall be given at least 45
  853  days’ notice of a nonemergency relocation or residency
  854  termination. Reasons for relocation shall be set forth in
  855  writing. In order for a facility to terminate the residency of
  856  an individual without notice as provided in this paragraph
  857  herein, the facility must shall show good cause in a court of
  858  competent jurisdiction.
  859         (l) Present grievances and recommend changes in policies,
  860  procedures, and services to the staff of the facility, governing
  861  officials, or any other person without restraint, interference,
  862  coercion, discrimination, or reprisal. Each facility shall
  863  establish a written grievance procedure to facilitate the
  864  residents’ exercise of this right which must include, at a
  865  minimum, maintaining a written record of each grievance, stating
  866  the reasons for the grievance and the actions taken by the
  867  facility, and the reporting of grievances. Each facility shall
  868  transmit a copy of the written record weekly to the local
  869  ombudsman council by regular mail, facsimile, or e-mail. Each
  870  facility must accept grievances orally and may accept grievances
  871  in writing. The local council shall maintain a record of all
  872  grievances received from each facility in the local area which
  873  shall be submitted by the local council to the Office of the
  874  State Long-Term Care Ombudsman pursuant to s. 400.0089. The
  875  residents' This right also includes access to ombudsman
  876  volunteers and advocates and the right to be a member of, to be
  877  active in, and to associate with advocacy or special interest
  878  groups.
  879         Section 15. Subsection (1) of section 429.294, Florida
  880  Statutes, is amended to read:
  881         429.294 Availability of facility records for investigation
  882  of resident’s rights violations and defenses; penalty.—
  883         (1) Failure to provide complete copies of a resident’s
  884  records, including, but not limited to, all medical records and
  885  the resident’s chart, within the control or possession of the
  886  facility within 10 days, in accordance with the provisions of s.
  887  400.145, shall constitute evidence of failure of that party to
  888  comply with good faith discovery requirements and shall waive
  889  the good faith certificate and presuit notice requirements under
  890  this part by the requesting party.
  891         Section 16. Present paragraphs (k) and (l) of subsection
  892  (1) of section 429.41, Florida Statutes, are redesignated as
  893  paragraphs (l) and (m), respectively, and a new paragraph (k) is
  894  added to that subsection, to read:
  895         429.41 Rules establishing standards.—
  896         (1) It is the intent of the Legislature that rules
  897  published and enforced pursuant to this section shall include
  898  criteria by which a reasonable and consistent quality of
  899  resident care and quality of life may be ensured and the results
  900  of such resident care may be demonstrated. Such rules shall also
  901  ensure a safe and sanitary environment that is residential and
  902  noninstitutional in design or nature. It is further intended
  903  that reasonable efforts be made to accommodate the needs and
  904  preferences of residents to enhance the quality of life in a
  905  facility. The agency, in consultation with the department, may
  906  adopt rules to administer the requirements of part II of chapter
  907  408. In order to provide safe and sanitary facilities and the
  908  highest quality of resident care accommodating the needs and
  909  preferences of residents, the department, in consultation with
  910  the agency, the Department of Children and Family Services, and
  911  the Department of Health, shall adopt rules, policies, and
  912  procedures to administer this part, which must include
  913  reasonable and fair minimum standards in relation to:
  914         (k)The requirement that all residents have service plans.
  915  The service plan shall be reviewed and updated annually;
  916  however, for a resident receiving nursing services ordered by a
  917  physician, except administration of medication, the plan shall
  918  be reviewed and updated quarterly or whenever a resident
  919  experiences a significant change in condition. The agency shall
  920  develop a service plan form for use by providers. The agency may
  921  accept the community supported-living plan instead of a service
  922  plan for mental health residents.
  923         Section 17. Present subsection (14) of section 429.65,
  924  Florida Statutes, is renumbered as subsection (15), and
  925  subsection (14) is added to that section, to read:
  926         429.65 Definitions.—As used in this part, the term:
  927         (14)“Reside” means the licensee or applicant lives in the
  928  adult family-care home as a primary residence. Any two of the
  929  following documents that includes the adult family-care home
  930  address and the name of the licensee or applicant may be
  931  accepted by the agency as proof that the licensee or applicant
  932  resides in the home:
  933         (a)Homestead exemption documentation.
  934         (b)A lease or rental agreement accompanied by a
  935  corresponding utility bill.
  936         (c)Personal identification issued by a state or federal
  937  agency.
  938         Section 18. Subsection (3) is added to section 429.69,
  939  Florida Statutes, to read:
  940         429.69 Denial, revocation, and suspension of a license.—In
  941  addition to the requirements of part II of chapter 408, the
  942  agency may deny, suspend, and revoke a license for any of the
  943  following reasons:
  944         (3)Failure of the adult family-care home provider who owns
  945  or rents the home to live in the home.
  946         Section 19. Paragraph (b) of subsection (1) of section
  947  429.73, Florida Statutes, is amended to read:
  948         429.73 Rules and standards relating to adult family-care
  949  homes.—
  950         (1) The agency, in consultation with the department, may
  951  adopt rules to administer the requirements of part II of chapter
  952  408. The department, in consultation with the Department of
  953  Health, the Department of Children and Family Services, and the
  954  agency shall, by rule, establish minimum standards to ensure the
  955  health, safety, and well-being of each resident in the adult
  956  family-care home pursuant to this part. The rules must address:
  957         (b) Services that must be provided to all residents of an
  958  adult family-care home and standards for such services, which
  959  must include, but need not be limited to:
  960         1. Room and board.
  961         2. Assistance necessary to perform the activities of daily
  962  living.
  963         3. Assistance necessary to administer medication.
  964         4. Supervision of residents.
  965         5. Health monitoring, including periodic assessments to
  966  determine if the resident is competent to handle his or her
  967  personal and financial affairs and, if not, whether a
  968  responsible person such as a guardian, surrogate, or attorney in
  969  fact is available to make decisions on behalf of the resident.
  970         6. Social and leisure activities.
  971         Section 20. Subsection (13) of section 400.141, subsection
  972  (3) of section 408.809, subsection (2) of section 429.08, and
  973  subsection (5) of section 429.41, Florida Statutes, are
  974  repealed.
  975         Section 21. Paragraph (h) of subsection (3) of section
  976  430.80, Florida Statutes, is amended to read:
  977         430.80 Implementation of a teaching nursing home pilot
  978  project.—
  979         (3) To be designated as a teaching nursing home, a nursing
  980  home licensee must, at a minimum:
  981         (h) Maintain insurance coverage pursuant to s. 400.141(19)
  982  s. 400.141(20) or proof of financial responsibility in a minimum
  983  amount of $750,000. Such Proof of financial responsibility may
  984  include:
  985         1. Maintaining an escrow account consisting of cash or
  986  assets eligible for deposit in accordance with s. 625.52; or
  987         2. Obtaining and maintaining, pursuant to chapter 675, an
  988  unexpired, irrevocable, nontransferable and nonassignable letter
  989  of credit issued by a any bank or savings association organized
  990  and existing under the laws of this state or a any bank or
  991  savings association organized under the laws of the United
  992  States that has its principal place of business in this state or
  993  has a branch office which is authorized to receive deposits in
  994  this state. The letter of credit shall be used to satisfy the
  995  obligation of the facility to the claimant upon presentment of a
  996  final judgment indicating liability and awarding damages to be
  997  paid by the facility or upon presentment of a settlement
  998  agreement signed by all parties if the to the agreement when
  999  such final judgment or settlement is a result of a liability
 1000  claim against the facility.
 1001         Section 22. Subsection (13) of section 651.118, Florida
 1002  Statutes, is amended to read:
 1003         651.118 Agency for Health Care Administration; certificates
 1004  of need; sheltered beds; community beds.—
 1005         (13) Residents, as defined in this chapter, are not
 1006  considered new admissions for the purpose of s. 400.141(14)(d)
 1007  s. 400.141(15)(d).
 1008         Section 23. This act shall take effect July 1, 2009.