Florida Senate - 2012                                    SB 1054
       
       
       
       By Senator Sobel
       
       
       
       
       31-00802-12                                           20121054__
    1                        A bill to be entitled                      
    2         An act relating to the State Long-Term Care Ombudsman
    3         Program; amending s. 400.0060, F.S.; revising
    4         definitions; defining the term “autonomy”; amending s.
    5         400.0063, F.S.; providing for the ombudsman program to
    6         be operated by a private not-for-profit organization;
    7         revising how the ombudsman is selected; requiring that
    8         the ombudsman and the legal advocate be registered as
    9         lobbyists; revising the duties of the legal advocate;
   10         amending s. 400.0065, F.S.; revising the purpose of
   11         the Office of the State Long-Term Care Ombudsman;
   12         revising the duties and authority of the office;
   13         amending s. 400.0067, F.S.; revising the procedure for
   14         appointing members to the State Long-Term Care
   15         Ombudsman Council; amending s. 400.0069, F.S.;
   16         revising the procedure for selecting members of local
   17         councils; amending s. 400.0074, F.S.; revising
   18         requirements for carrying out investigations and
   19         assessments of long-term care facilities; amending s.
   20         400.0075, F.S.; revising provisions relating to the
   21         resolution of complaints or problems verified at a
   22         long-term care facility; amending s. 400.0078, F.S.;
   23         requiring that a licensed long-term care facility
   24         display the ombudsman program poster at conspicuous
   25         places in the facility; amending s. 400.0081, F.S.;
   26         requiring that facility records be made available at
   27         no cost to the ombudsman program; amending s.
   28         400.0083, F.S.; providing civil penalties for certain
   29         violations; authorizing the legal advocate to pursue
   30         legal and civil remedies for violations; amending s.
   31         400.0087, F.S.; revising provisions relating to
   32         program funding; deleting a provision that requires
   33         the Department of Elderly Affairs to monitor the state
   34         council and local councils for specified purposes;
   35         amending s. 400.0091, F.S.; revising training and
   36         continuing education requirements for ombudsman
   37         employees and state and local council members;
   38         providing an effective date.
   39  
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (8) of section 400.0060, Florida
   43  Statutes, is amended, present subsections (3) through (10) of
   44  that section are renumbered as subsections (4) through (11),
   45  respectively, and a new subsection (3) is added to that section,
   46  to read:
   47         400.0060 Definitions.—When used in this part, unless the
   48  context clearly dictates otherwise, the term:
   49         (3) “Autonomy” means that designated representatives of the
   50  Office of State Long-Term Care Ombudsman are able to determine
   51  and implement all advocacy activities deemed necessary to
   52  enhance the quality of life and care for residents without being
   53  threatened by interference, coercion, retaliation, or
   54  intimidation, and for the purpose of advocating on behalf of
   55  residents.
   56         (9)(8) “Resident” means an individual 60 years of age or
   57  older who resides in a long-term care facility.
   58         Section 2. Section 400.0063, Florida Statutes, is amended
   59  to read:
   60         400.0063 Establishment of Office of State Long-Term Care
   61  Ombudsman; designation of ombudsman and legal advocate.—
   62         (1) The There is created an Office of State Long-Term Care
   63  Ombudsman is established under and shall be administered by in
   64  the Department of Elderly Affairs through a contract with or
   65  grant to a private not-for-profit organization. However, such
   66  organization may not be made responsible for licensing and
   67  certification of long-term care facilities or otherwise have any
   68  relationship with long-term care facilities or associations.
   69         (2)(a) The office of State Long-Term Care Ombudsman shall
   70  be headed by the State Long-Term Care Ombudsman, who shall serve
   71  on a full-time basis and shall personally, or through
   72  representatives of the office, carry out the purposes and
   73  functions of the office in accordance with state and federal
   74  law. The ombudsman must be registered as a lobbyist.
   75         (a)(b) The ombudsman shall be appointed by a five-member
   76  panel that is appointed by and shall serve at the pleasure of
   77  the Secretary of Elderly Affairs. The panel’s membership must
   78  include one resident, two family members, a consumer advocate,
   79  and the chair of the state council.
   80         (b) The ombudsman must have at least 5 years of secretary
   81  shall appoint a person who has expertise and experience in the
   82  fields of long-term care resident and advocacy and in the
   83  successful operation of a nonprofit organization and must be
   84  free of conflicts of interest pursuant to federal and state law
   85  and rule governing the office and the regulation of long-term
   86  care facilities to serve as ombudsman.
   87         (3)(a)There is created in the office The position of legal
   88  advocate shall be established in the office. The legal advocate,
   89  who shall be selected by and serve at the pleasure of the
   90  ombudsman and must shall be a member in good standing of The
   91  Florida Bar and registered as a lobbyist.
   92         (b) The duties of the legal advocate shall include, but are
   93  not be limited to:
   94         (a)1. Assisting the ombudsman in carrying out the duties of
   95  the office with respect to the abuse, neglect, or violation of
   96  rights of residents of long-term care facilities.
   97         (b)2. Assisting the state and local councils in carrying
   98  out their responsibilities under this part.
   99         (c)3. Pursuing administrative, legal, and other appropriate
  100  remedies on behalf of residents.
  101         (d)4. Serving as legal counsel to the state and local
  102  councils, or individual members thereof, against whom any suit
  103  or other legal action is initiated in connection with the
  104  performance of the official duties of the councils or an
  105  individual member.
  106         (e) Assisting the ombudsman in ensuring that the ombudsman
  107  program operates with autonomy and without any conflict of
  108  interests. Violations of this paragraph are subject to legal
  109  recourse under s. 400.0083.
  110         Section 3. Paragraphs (f) and (g) of subsection (1) and
  111  paragraphs (c) and (i) of subsection (2) of section 400.0065,
  112  Florida Statutes, are amended to read:
  113         400.0065 State Long-Term Care Ombudsman; duties and
  114  responsibilities.—
  115         (1) The purpose of the Office of State Long-Term Care
  116  Ombudsman shall be to:
  117         (f) Support Administer the state and local councils.
  118         (g) Autonomously analyze, comment on, and monitor the
  119  development and implementation of federal, state, and local
  120  laws, rules, and regulations, and other governmental policies
  121  and actions, that pertain to the health, safety, welfare, and
  122  rights of the residents, with respect to the adequacy of long
  123  term care facilities and services in the state, and recommend
  124  any changes in such laws, rules, regulations, policies, and
  125  actions as the office determines to be appropriate and
  126  necessary.
  127         (2) The State Long-Term Care Ombudsman shall have the duty
  128  and authority to:
  129         (c) Within the limits of appropriated federal and state
  130  funding, employ such personnel as are necessary to perform
  131  adequately perform the functions of the office and provide or
  132  contract for legal services to assist the state and local
  133  councils in the performance of their duties. Staff positions
  134  established for the purpose of coordinating the activities of
  135  each local council and assisting its members may be filled by
  136  the ombudsman or designee after approval by the secretary.
  137  Notwithstanding any other provision of this part, upon
  138  certification by the ombudsman that the staff member hired to
  139  fill any such position has completed the initial training
  140  required under s. 400.0091, the staff member is such person
  141  shall be considered a representative of the State Long-Term Care
  142  Ombudsman Program for purposes of this part.
  143         (i) Prepare an annual report describing the activities
  144  carried out by the office, the state council, and the local
  145  councils in the year for which the report is prepared. The
  146  ombudsman shall submit the report to the secretary at least 30
  147  days before the convening of the regular session of the
  148  Legislature. The secretary shall in turn submit the report to
  149  the United States Assistant Secretary for Aging, the Governor,
  150  the President of the Senate, the Speaker of the House of
  151  Representatives, the Secretary of Children and Family Services,
  152  and the Secretary of Health Care Administration. The report must
  153  shall, at a minimum:
  154         1. Contain and analyze data collected concerning complaints
  155  about and conditions in long-term care facilities and the
  156  disposition of such complaints.
  157         2. Evaluate the problems experienced by residents.
  158         3. Analyze the successes of the ombudsman program during
  159  the preceding year, including an assessment of how successfully
  160  the program has carried out its responsibilities under the Older
  161  Americans Act and state law.
  162         4. Provide recommendations for policy, regulatory, and
  163  statutory changes designed to solve identified problems; resolve
  164  residents’ complaints; improve residents’ lives and quality of
  165  care; protect residents’ rights, health, safety, and welfare;
  166  and remove any barrier barriers to the optimal operation of the
  167  State Long-Term Care Ombudsman Program.
  168         5. Contain recommendations from the state Long-Term Care
  169  Ombudsman council regarding program functions and activities and
  170  recommendations for policy, regulatory, and statutory changes
  171  designed to protect residents’ rights, health, safety, and
  172  welfare.
  173         6. Contain any relevant recommendations from the local
  174  councils, resident and family councils, and consumer advocacy
  175  groups regarding program functions and activities and resident
  176  rights.
  177         Section 4. Subsection (3) of section 400.0067, Florida
  178  Statutes, is amended to read:
  179         400.0067 State Long-Term Care Ombudsman Council; duties;
  180  membership.—
  181         (3) The State Long-Term Care Ombudsman Council shall be
  182  composed of one active local council member elected by each
  183  local council plus one resident, one family member, and one
  184  consumer advocate, each of whom is appointed by the ombudsman
  185  three at-large members appointed by the Governor.
  186         (a) Each local council shall elect by majority vote a
  187  representative from among the council members to represent the
  188  interests of the local council on the state council. A local
  189  council chair may not also serve as the representative of the
  190  local council on the state council.
  191         (b)1. The secretary, after consulting with the ombudsman,
  192  shall submit to the Governor a list of persons recommended for
  193  appointment to the at-large positions on the state council. The
  194  list shall not include the name of any person who is currently
  195  serving on a local council.
  196         2. The Governor shall appoint three at-large members chosen
  197  from the list.
  198         3. If the Governor does not appoint an at-large member to
  199  fill a vacant position within 60 days after the list is
  200  submitted, the secretary, after consulting with the ombudsman,
  201  shall appoint an at-large member to fill that vacant position.
  202         (b)(c)1. All state council members shall be appointed for
  203  serve 3-year terms.
  204         2. A member of the state council may not serve more than
  205  two consecutive terms.
  206         3. A local council may recommend removal of its elected
  207  representative from the state council by a majority vote. If the
  208  council votes to remove its representative, the local council
  209  chair shall immediately notify the ombudsman. The secretary
  210  shall advise the Governor of the local council’s vote upon
  211  receiving notice from the ombudsman.
  212         (c)4. The position of a any member missing three state
  213  council meetings within a 1-year period without cause may be
  214  declared vacant by the ombudsman. The findings of the ombudsman
  215  regarding cause are shall be final and binding.
  216         (d)5. Any vacancy on the state council shall be filled in
  217  the same manner as the original appointment.
  218         (e)(d)1. The state council shall elect a chair to serve for
  219  a term of 1 year. A chair may not serve more than three two
  220  consecutive terms.
  221         1.2. The chair shall select a vice chair from among the
  222  members. The vice chair shall preside over the state council in
  223  the absence of the chair.
  224         2.3. The chair may create additional executive positions as
  225  necessary to carry out the duties of the state council. Any
  226  person appointed to an executive position serves shall serve at
  227  the pleasure of the chair, and his or her term expires shall
  228  expire on the same day as the term of the chair.
  229         4. A chair may be immediately removed from office prior to
  230  the expiration of his or her term by a vote of two-thirds of all
  231  state council members present at any meeting at which a quorum
  232  is present. If a chair is removed from office prior to the
  233  expiration of his or her term, a replacement chair shall be
  234  chosen during the same meeting in the same manner as described
  235  in this paragraph, and the term of the replacement chair shall
  236  begin immediately. The replacement chair shall serve for the
  237  remainder of the term and is eligible to serve two subsequent
  238  consecutive terms.
  239         (f)(e)1. The state council shall meet upon the call of the
  240  chair or upon the call of the ombudsman. The council shall meet
  241  at least quarterly but may meet more frequently as needed.
  242         1.2. A quorum is shall be considered present if more than
  243  50 percent of all active state council members are in attendance
  244  at the same meeting.
  245         2.3. The state council may not vote on or otherwise make
  246  any decision decisions resulting in a recommendation that will
  247  directly impact the state council or any local council, outside
  248  of a publicly noticed meeting at which a quorum is present.
  249         (g)(f) Members shall serve without receive no compensation
  250  but shall, with approval from the ombudsman, are entitled to
  251  reimbursement be reimbursed for per diem and travel expenses as
  252  provided under in s. 112.061.
  253         Section 5. Paragraph (b) of subsection (1) and subsections
  254  (4), (5), and (6) of section 400.0069, Florida Statutes, are
  255  amended to read:
  256         400.0069 Local long-term care ombudsman councils; duties;
  257  membership.—
  258         (1)
  259         (b) The ombudsman shall ensure that there is at least one
  260  local council operating in each of the department’s planning and
  261  service areas. The ombudsman may create additional local
  262  councils as necessary to ensure that residents throughout the
  263  state have adequate access to State Long-Term Care Ombudsman
  264  Program services. The ombudsman, after approval from the
  265  secretary, shall designate the jurisdictional boundaries of each
  266  local council.
  267         (4) Each local council shall be composed of members whose
  268  primary residence is located within the boundaries of the local
  269  council’s jurisdiction.
  270         (a) The ombudsman shall strive to ensure that each local
  271  council include the following persons as members:
  272         (a)1. At least one medical or osteopathic physician whose
  273  practice includes or has included a substantial number of
  274  geriatric patients and who may practice in a long-term care
  275  facility;
  276         (b)2. At least one registered nurse who has geriatric
  277  experience;
  278         (c)3. At least one licensed pharmacist;
  279         (d)4. At least one registered dietitian;
  280         (e)5. At least six nursing home residents or representative
  281  consumer advocates for nursing home residents;
  282         (f)6. At least three residents of assisted living
  283  facilities or adult family-care homes or three representative
  284  consumer advocates for alternative long-term care facility
  285  residents;
  286         (g)7. At least one attorney; and
  287         (h)8. At least one professional social worker.
  288  
  289  (b)An employee or contracted worker In no case shall the
  290  medical director of a long-term care facility or an employee of
  291  the agency, the department, the Department of Children and
  292  Family Services, or the Agency for Persons with Disabilities may
  293  not serve as a member or as an ex officio member of a council.
  294         (5)(a)An individual Individuals wishing to join a local
  295  council shall submit an application to the ombudsman and undergo
  296  a level 2 background screening pursuant to s. 435.04. The
  297  ombudsman, or his or her designee, shall review and approve or
  298  disapprove the individual’s application for and advise the
  299  secretary of his or her recommendation for approval or
  300  disapproval of the candidate’s membership on the local council.
  301  If the secretary approves of the individual’s membership, the
  302  individual shall be appointed as a member of the local council.
  303         (b) The secretary may rescind the ombudsman’s approval of a
  304  member on a local council at any time. If the secretary rescinds
  305  the approval of a member on a local council, the ombudsman shall
  306  ensure that the individual is immediately removed from the local
  307  council on which he or she serves and the individual may no
  308  longer represent the State Long-Term Care Ombudsman Program
  309  until the secretary provides his or her approval.
  310         (c) A local council may recommend the removal of one or
  311  more of its members by submitting to the ombudsman a resolution
  312  adopted by a two-thirds vote of the members of the council
  313  stating the name of the member or members recommended for
  314  removal and the reasons for the recommendation. If such a
  315  recommendation is adopted by a local council, the local council
  316  chair or district coordinator shall immediately report the
  317  council’s recommendation to the ombudsman. The ombudsman shall
  318  review the recommendation of the local council and advise the
  319  secretary of his or her recommendation regarding removal of the
  320  council member or members.
  321         (6)(a) Each local council shall elect a chair for a term of
  322  1 year. The chair may serve for up to three consecutive terms.
  323  There shall be no limitation on the number of terms that an
  324  approved member of a local council may serve as chair.
  325         (a)(b) The chair shall select a vice chair from among the
  326  members of the council. The vice chair shall preside over the
  327  council in the absence of the chair.
  328         (b)(c) The chair may create additional executive positions
  329  as necessary to carry out the duties of the local council. Any
  330  person appointed to an executive position serves shall serve at
  331  the pleasure of the chair, and his or her term expires shall
  332  expire on the same day as the term of the chair.
  333         (d) A chair may be immediately removed from office prior to
  334  the expiration of his or her term by a vote of two-thirds of the
  335  members of the local council. If any chair is removed from
  336  office prior to the expiration of his or her term, a replacement
  337  chair shall be elected during the same meeting, and the term of
  338  the replacement chair shall begin immediately. The replacement
  339  chair shall serve for the remainder of the term of the person he
  340  or she replaced.
  341         Section 6. Section 400.0074, Florida Statutes, is amended
  342  to read:
  343         400.0074 Local ombudsman council onsite administrative
  344  assessments.—
  345         (1) In addition to any specific investigation conducted
  346  pursuant to a complaint, the local council, through its members,
  347  shall conduct, at least annually, an onsite administrative
  348  assessment of each nursing home, assisted living facility, and
  349  adult family-care home within its jurisdiction. The This
  350  administrative assessment must shall focus on factors affecting
  351  the rights, health, safety, and welfare of the residents. Each
  352  local council is encouraged to conduct a similar onsite
  353  administrative assessment of each additional long-term care
  354  facility within its jurisdiction.
  355         (2) An onsite administrative assessment of a long-term care
  356  facility is conducted by a local council shall be subject to the
  357  following conditions:
  358         (a) To the extent possible and reasonable, the assessment
  359  may administrative assessments shall not duplicate the efforts
  360  of the agency surveys and inspections conducted under part II of
  361  this chapter and parts I and II of chapter 429.
  362         (b) The An administrative assessment must shall be
  363  conducted at a time and for a duration necessary to produce the
  364  information required to carry out the duties of the local
  365  council.
  366         (c) Advance notice of an administrative assessment may not
  367  be provided to a long-term care facility, except that notice of
  368  followup assessments on specific problems may be provided.
  369         (d) A local council member physically present for the
  370  administrative assessment must shall identify himself or herself
  371  upon entry into the facility and cite the specific statutory
  372  authority for his or her assessment of the facility.
  373         (e) An administrative assessment may not unreasonably
  374  interfere with the programs and activities of residents.
  375         (f) A local council member may not enter a single-family
  376  residential unit within a long-term care facility during an
  377  administrative assessment without the permission of the resident
  378  or the representative of the resident.
  379         (g) An administrative assessment must be conducted in a
  380  manner that will impose no unreasonable burden on a long-term
  381  care facility.
  382         (3) Regardless of jurisdiction, The ombudsman may authorize
  383  a state or local council member to assist another local council
  384  to perform the administrative assessments described in this
  385  section.
  386         (4) An onsite administrative assessment may not be
  387  accomplished by forcible entry. However, if the ombudsman or a
  388  state or local council member is not allowed to enter a long
  389  term care facility, the administrator of the facility shall be
  390  considered to have interfered with a representative of the
  391  office, the state council, or the local council in the
  392  performance of official duties as described in s. 400.0083(1)
  393  and to have committed a violation of this part. The ombudsman
  394  shall report the refusal by a facility to allow entry to the
  395  agency, and the agency shall record the report and take it into
  396  consideration when determining actions allowable under s.
  397  400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
  398  429.71.
  399         Section 7. Section 400.0075, Florida Statutes, is amended
  400  to read:
  401         400.0075 Complaint notification and resolution procedures.—
  402         (1)(a) Any complaint or problem verified by an ombudsman
  403  council as a result of an investigation or onsite administrative
  404  assessment of a long-term care facility, which complaint or
  405  problem is determined to require resolution by the facility
  406  remedial action by the local council, must shall be identified
  407  and brought to the attention of the long-term care facility
  408  administrator in writing. Upon receipt of such document, the
  409  administrator, with the concurrence of the local council member
  410  chair, shall establish target dates for resolving the complaint
  411  or problem taking appropriate remedial action. If, by the target
  412  date, resolution by the facility the remedial action is not
  413  completed or forthcoming, the local council member chair may,
  414  after obtaining approval from the ombudsman and a majority of
  415  the members of the local council:
  416         (a)1. Extend the target date if the council member chair
  417  has reason to believe that such action would facilitate the
  418  resolution of the complaint or problem.
  419         (b)2. In accordance with s. 400.0077, publicize the
  420  complaint or assessment, the recommendations of the council, and
  421  the response of the long-term care facility.
  422         (c)3.Through the local council, refer the complaint to the
  423  state council.
  424         (b) If the local council chair believes that the health,
  425  safety, welfare, or rights of the resident are in imminent
  426  danger, the chair shall notify the ombudsman or legal advocate,
  427  who, after verifying that such imminent danger exists, shall
  428  seek immediate legal or administrative remedies to protect the
  429  resident.
  430         (c) If the ombudsman has reason to believe that the long
  431  term care facility or an employee of the facility has committed
  432  a criminal act, the ombudsman shall provide the local law
  433  enforcement agency with the relevant information to initiate an
  434  investigation of the case.
  435         (2)(a) Upon referral from a local council, the state
  436  council shall assume the responsibility for the disposition of
  437  the complaint or assessment. If the a long-term care facility
  438  fails to take action on a complaint or assessment by the state
  439  council, the state council may, after obtaining approval from
  440  the ombudsman and a majority of the state council members:
  441         (a)1. In accordance with s. 400.0077, publicize the
  442  complaint or assessment, the recommendations of the local or
  443  state council, and the response of the long-term care facility.
  444         (b)2. Recommend to the department and the agency a series
  445  of facility reviews pursuant to s. 400.19, s. 429.34, or s.
  446  429.67 to ensure correction and nonrecurrence of conditions that
  447  give rise to complaints against the a long-term care facility.
  448         (c)3. Recommend to the department and the agency that the
  449  long-term care facility no longer receive payments under any
  450  state assistance program, including Medicaid.
  451         (d)4. Recommend to the department and the agency that
  452  procedures be initiated for revocation of the long-term care
  453  facility’s license in accordance with chapter 120.
  454         (b) If the state council chair believes that the health,
  455  safety, welfare, or rights of the resident are in imminent
  456  danger, the chair shall notify the ombudsman or legal advocate,
  457  who, after verifying that such imminent danger exists, shall
  458  seek immediate legal or administrative remedies to protect the
  459  resident.
  460         (c) If the ombudsman has reason to believe that the long
  461  term care facility or an employee of the facility has committed
  462  a criminal act, the ombudsman shall provide local law
  463  enforcement with the relevant information to initiate an
  464  investigation of the case.
  465         Section 8. Subsection (3) is added to section 400.0078,
  466  Florida Statutes, to read:
  467         400.0078 Citizen access to State Long-Term Care Ombudsman
  468  Program services.—
  469         (3) Each licensed long-term care facility must display the
  470  State Long-Term Care Ombudsman Program’s poster in multiple,
  471  conspicuous places and include the statewide toll-free telephone
  472  number, other relevant contact information for submitting
  473  complaints, and a summary of residents’ rights.
  474         Section 9. Present subsection (2) of section 400.0081,
  475  Florida Statutes, is renumbered as subsection (3), and a new
  476  subsection (2) is added to that section, to read:
  477         400.0081 Access to facilities, residents, and records.—
  478         (2) Any copy of records requested by a designated
  479  representative of the ombudsman program to complete an
  480  investigation or assessment must be made readily available by
  481  the facility at no expense to the program.
  482         Section 10. Section 400.0083, Florida Statutes, is amended
  483  to read:
  484         400.0083 Interference; retaliation; penalties.—
  485         (1) It is shall be unlawful for any person, long-term care
  486  facility, or other entity to willfully interfere with a
  487  representative of the office, the state council, or a local
  488  council in the performance of official duties.
  489         (2) It is shall be unlawful for any person, long-term care
  490  facility, or other entity to knowingly or willfully take action
  491  or retaliate against any resident, employee, or other person for
  492  filing a complaint with, providing information to, or otherwise
  493  cooperating with a any representative of the office, the state
  494  council, or a local council.
  495         (3) Any person, long-term care facility, or other entity
  496  that violates this section:
  497         (a) Is Shall be liable for damages and equitable relief as
  498  determined by law;.
  499         (b) Commits a misdemeanor of the first second degree,
  500  punishable as provided in s. 775.083; and.
  501         (c) Is subject to a civil fine of up to $5,000 per
  502  occurrence for violations of subsection (1) and a civil fine of
  503  up to $10,000 per occurrence for violations of subsection (2).
  504  Any fine imposed under this paragraph shall be paid to the
  505  agency and deposited into the Quality of Long-Term Care Facility
  506  Improvement Trust Fund and used for the creation and support of
  507  a statewide resident council.
  508         (4) The legal advocate may pursue legal and civil remedies
  509  for violations of this section.
  510         Section 11. Section 400.0087, Florida Statutes, is amended
  511  to read:
  512         400.0087 Department oversight; funding.—
  513         (1) The department shall meet the costs associated with the
  514  State Long-Term Care Ombudsman Program from Funds appropriated
  515  to the department by the Legislature to meet the costs of the
  516  State Long-Term Care Ombudsman Program must be expended by the
  517  department for that purpose it.
  518         (a) The nonprofit organization administering the ombudsman
  519  program shall develop and submit a budget to the department
  520  which includes shall include the costs associated with the
  521  administrative support of the State Long-Term Care Ombudsman
  522  Program. The department shall submit the organization’s budget
  523  when developing its budget requests for consideration by the
  524  Governor and submittal to the Legislature.
  525         (b) The department may divert from the federal ombudsman
  526  appropriation an amount equal to the department’s administrative
  527  cost ratio to cover the costs associated with administering the
  528  program, which may not exceed 5 percent of the federal
  529  appropriation. The remaining allotment from the Older Americans
  530  Act program shall be expended on direct ombudsman activities.
  531         (2) The department shall monitor the office, the state
  532  council, and the local councils to ensure that it carries each
  533  is carrying out the duties delegated to it by state and federal
  534  law.
  535         (3) The department is responsible for ensuring that the
  536  office:
  537         (a) Has the objectivity and independence required to
  538  qualify it for funding under the federal Older Americans Act.
  539         (b) Provides information to public and private agencies,
  540  legislators, and others.
  541         (c) Provides appropriate training to representatives of the
  542  office or of the state or local councils.
  543         (d) Coordinates ombudsman services with the Advocacy Center
  544  for Persons with Disabilities and with providers of legal
  545  services to residents of long-term care facilities in compliance
  546  with state and federal laws.
  547         (4) The department shall also:
  548         (a) Receive and disburse state and federal funds for
  549  purposes that the ombudsman has formulated in accordance with
  550  the Older Americans Act.
  551         (b) Whenever the ombudsman deems appropriate necessary, act
  552  as liaison between agencies and branches of the federal and
  553  state governments and the State Long-Term Care Ombudsman
  554  Program.
  555         Section 12. Subsections (1) and (2) of section 400.0091,
  556  Florida Statutes, are amended to read:
  557         400.0091 Training.—The ombudsman shall ensure that
  558  appropriate training is provided to all employees of the office
  559  and to the members of the state and local councils.
  560         (1) All state and local council members and employees of
  561  the office shall be given a minimum of 30 20 hours of training
  562  upon employment with the office or approval as a state or local
  563  council member and 12 10 hours of continuing education annually
  564  thereafter.
  565         (2) The ombudsman shall approve the curriculum for the
  566  initial and continuing education training, which must, at a
  567  minimum, address:
  568         (a) Resident confidentiality.
  569         (b) Guardianships and powers of attorney.
  570         (c) Medication administration.
  571         (d) Care and medication of residents with dementia and
  572  Alzheimer’s disease.
  573         (e) Accounting for residents’ funds.
  574         (f) Discharge rights and responsibilities.
  575         (g) Cultural sensitivity.
  576         (h) Person-centered care initiatives.
  577         (i)(h) Any other topic recommended by the ombudsman
  578  secretary.
  579         Section 13. This act shall take effect July 1, 2012.