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