Florida Senate - 2013                                     SB 646
       
       
       
       By the Committee on Children, Families, and Elder Affairs
       
       
       
       
       586-01561-13                                           2013646__
    1                        A bill to be entitled                      
    2         An act relating to assisted living facilities;
    3         amending s. 394.4574, F.S.; providing that Medicaid
    4         prepaid behavioral health plans are responsible for
    5         enrolled mental health residents; providing that
    6         managing entities under contract with the Department
    7         of Children and Families are responsible for mental
    8         health residents who are not enrolled with a Medicaid
    9         prepaid behavioral health plan; deleting a provision
   10         to conform to changes made by the act; requiring the
   11         community living support plan to be updated when there
   12         is a significant change to the mental health
   13         resident’s behavioral health; requiring the case
   14         manager assigned to a mental health resident of an
   15         assisted living facility that holds a limited mental
   16         health license to keep a record of the date and time
   17         of face-to-face interactions with the resident and to
   18         make the record available to the responsible entity
   19         for inspection; requiring that the record be
   20         maintained for a specified time; requiring the
   21         responsible entity to ensure that there is adequate
   22         and consistent monitoring and enforcement of community
   23         living support plans and cooperative agreements and
   24         that concerns are reported to the appropriate
   25         regulatory oversight organization under certain
   26         circumstances; amending s. 400.0074, F.S.; providing
   27         that an administrative assessment conducted by a local
   28         council be comprehensive in nature and focus on
   29         factors affecting the rights, health, safety, and
   30         welfare of the residents of a nursing home; requiring
   31         a local council to conduct an exit consultation with
   32         the facility administrator or administrator designee
   33         to discuss issues and concerns and make
   34         recommendations for improvement; amending s. 400.0078,
   35         F.S.; requiring that residents of long-term care
   36         facilities be informed about the confidentiality of
   37         the subject matter and identity of the complainant of
   38         a complaint received by the State Long-Term Care
   39         Ombudsman Program; amending s. 429.07, F.S.; providing
   40         that an extended congregate care license is issued to
   41         certain facilities that have been licensed as assisted
   42         living facilities under certain circumstances;
   43         providing the purpose of an extended congregate care
   44         license; providing that the initial extended
   45         congregate care license of an assisted living facility
   46         is provisional under certain circumstances; requiring
   47         the licensee to notify the Agency for Health Care
   48         Administration whenever it accepts a resident who
   49         qualifies for extended congregate care services;
   50         requiring the agency to inspect the facility for
   51         compliance with the requirements of an extended
   52         congregate care license; authorizing the agency to
   53         waive one of the required yearly monitoring visits
   54         under certain circumstances; authorizing the agency to
   55         deny or revoke a facility’s extended congregate care
   56         license for certain reasons or on certain grounds;
   57         requiring a registered nurse representing the agency
   58         to visit the facility at least annually, rather than
   59         twice a year, to monitor residents who are receiving
   60         limited nursing services; providing that the agency’s
   61         monitoring visits may be in conjunction with other
   62         agency inspections; authorizing the agency to waive
   63         one of the required yearly monitoring visits for
   64         certain facilities; amending s. 429.075, F.S.;
   65         requiring an assisted living facility that serves one
   66         or more mental health residents to obtain a limited
   67         mental health license; amending s. 429.14, F.S.;
   68         authorizing the agency to deny, revoke, or suspend a
   69         license of an assisted living facility for a negligent
   70         act of any facility staff which seriously affects the
   71         health, safety, or welfare of a resident; requiring
   72         the agency to deny or revoke the license of an
   73         assisted living facility under certain circumstances;
   74         requiring the agency to impose an immediate moratorium
   75         on the license of an assisted living facility under
   76         certain circumstances; deleting a provision requiring
   77         the agency to provide a list of facilities with
   78         denied, suspended, or revoked licenses to the
   79         Department of Business and Professional Regulation;
   80         amending s. 429.178, F.S.; conforming cross
   81         references; amending s. 429.19, F.S.; revising the
   82         amounts and uses of administrative fines; requiring
   83         the agency to levy a fine for violations that are
   84         corrected before an inspection if noncompliance
   85         occurred within a specified period of time; deleting
   86         factors that the agency is required to consider to
   87         determine penalties and fines; amending s. 429.28,
   88         F.S.; requiring residents of facilities to be informed
   89         about the confidentiality of the subject matter and
   90         identity of the resident and complainant of a
   91         complaint made to the State Long-Term Care Ombudsman
   92         Program; providing that a facility that terminates an
   93         individual’s residency is fined if good cause is not
   94         shown in court; amending s. 429.34, F.S.; requiring
   95         certain persons to report elder abuse in assisted
   96         living facilities; requiring the agency to regularly
   97         inspect every licensed assisted living facility;
   98         requiring the agency to conduct more frequent
   99         inspections under certain circumstances; requiring the
  100         licensee to pay a fee for the cost of additional
  101         inspections; requiring the agency to adjust the fee;
  102         amending s. 429.52, F.S.; requiring each newly hired
  103         employee of an assisted living facility to attend a
  104         preservice orientation provided by the assisted living
  105         facility; requiring the employee and administrator to
  106         sign an affidavit upon completion of the preservice
  107         orientation; requiring the assisted living facility to
  108         maintain the signed affidavit in each employee’s work
  109         file; conforming a cross-reference; requiring the
  110         Agency for Health Care Administration to study the
  111         reliability of facility surveys and submit to the
  112         Governor and the Legislature its findings and
  113         recommendations; requiring the agency to propose a
  114         rating system of assisted living facilities for
  115         consumers and create content for the agency’s website
  116         that makes available to consumers information
  117         regarding assisted living facilities; providing
  118         criteria for the content; providing an effective date.
  119  
  120  Be It Enacted by the Legislature of the State of Florida:
  121  
  122         Section 1. Section 394.4574, Florida Statutes, is amended
  123  to read:
  124         394.4574 Department Responsibilities for coordination of
  125  services for a mental health resident who resides in an assisted
  126  living facility that holds a limited mental health license.—
  127         (1) As used in this section, the term “mental health
  128  resident” “mental health resident,” for purposes of this
  129  section, means an individual who receives social security
  130  disability income due to a mental disorder as determined by the
  131  Social Security Administration or receives supplemental security
  132  income due to a mental disorder as determined by the Social
  133  Security Administration and receives optional state
  134  supplementation.
  135         (2) Medicaid prepaid behavioral health plans are
  136  responsible for enrolled mental health residents, and managing
  137  entities under contract with the department are responsible for
  138  mental health residents who are not enrolled with a Medicaid
  139  prepaid behavioral health plan. Each responsible entity shall
  140  The department must ensure that:
  141         (a) A mental health resident has been assessed by a
  142  psychiatrist, clinical psychologist, clinical social worker, or
  143  psychiatric nurse, or an individual who is supervised by one of
  144  these professionals, and determined to be appropriate to reside
  145  in an assisted living facility. The documentation must be
  146  provided to the administrator of the facility within 30 days
  147  after the mental health resident has been admitted to the
  148  facility. An evaluation completed upon discharge from a state
  149  mental hospital meets the requirements of this subsection
  150  related to appropriateness for placement as a mental health
  151  resident if it was completed within 90 days before prior to
  152  admission to the facility.
  153         (b) A cooperative agreement, as required in s. 429.075, is
  154  developed between the mental health care services provider that
  155  serves a mental health resident and the administrator of the
  156  assisted living facility with a limited mental health license in
  157  which the mental health resident is living. Any entity that
  158  provides Medicaid prepaid health plan services shall ensure the
  159  appropriate coordination of health care services with an
  160  assisted living facility in cases where a Medicaid recipient is
  161  both a member of the entity’s prepaid health plan and a resident
  162  of the assisted living facility. If the entity is at risk for
  163  Medicaid targeted case management and behavioral health
  164  services, the entity shall inform the assisted living facility
  165  of the procedures to follow should an emergent condition arise.
  166         (c) The community living support plan, as defined in s.
  167  429.02, has been prepared by a mental health resident and a
  168  mental health case manager of that resident in consultation with
  169  the administrator of the facility or the administrator’s
  170  designee. The plan must be provided to the administrator of the
  171  assisted living facility with a limited mental health license in
  172  which the mental health resident lives. The support plan and the
  173  agreement may be in one document.
  174         (d) The assisted living facility with a limited mental
  175  health license is provided with documentation that the
  176  individual meets the definition of a mental health resident.
  177         (e) The mental health services provider assigns a case
  178  manager to each mental health resident for whom the entity is
  179  responsible who lives in an assisted living facility with a
  180  limited mental health license. The case manager is responsible
  181  for coordinating the development of and implementation of the
  182  community living support plan defined in s. 429.02. The plan
  183  must be updated at least annually, or when there is a
  184  significant change to the resident’s behavioral health status,
  185  such as an inpatient admission or a change in behavioral status,
  186  medications, level of service, or residence. Each case manager
  187  shall keep a record of the date and time of any face-to-face
  188  interaction with the resident and make the record available to
  189  the responsible entity for inspection. The record must be
  190  retained for at least 2 years after the date of the most recent
  191  interaction.
  192         (f)Adequate and consistent monitoring and enforcement of
  193  community living support plans and cooperative agreements are
  194  conducted by the resident’s case manager.
  195         (g) Concerns are reported to the appropriate regulatory
  196  oversight organization if a regulated provider fails to deliver
  197  appropriate services or otherwise acts in a manner that has the
  198  potential to result in harm to the resident.
  199         (3) The Secretary of Children and Family Services, in
  200  consultation with the Agency for Health Care Administration,
  201  shall annually require each district administrator to develop,
  202  with community input, a detailed annual plan that demonstrates
  203  detailed plans that demonstrate how the district will ensure the
  204  provision of state-funded mental health and substance abuse
  205  treatment services to residents of assisted living facilities
  206  that hold a limited mental health license. These plans must be
  207  consistent with the substance abuse and mental health district
  208  plan developed pursuant to s. 394.75 and must address case
  209  management services; access to consumer-operated drop-in
  210  centers; access to services during evenings, weekends, and
  211  holidays; supervision of the clinical needs of the residents;
  212  and access to emergency psychiatric care.
  213         Section 2. Subsection (1) of section 400.0074, Florida
  214  Statutes, is amended, and paragraph (h) is added to subsection
  215  (2) of that section, to read:
  216         400.0074 Local ombudsman council onsite administrative
  217  assessments.—
  218         (1) In addition to any specific investigation conducted
  219  pursuant to a complaint, the local council shall conduct, at
  220  least annually, an onsite administrative assessment of each
  221  nursing home, assisted living facility, and adult family-care
  222  home within its jurisdiction. This administrative assessment
  223  must be comprehensive in nature and must shall focus on factors
  224  affecting the rights, health, safety, and welfare of the
  225  residents. Each local council is encouraged to conduct a similar
  226  onsite administrative assessment of each additional long-term
  227  care facility within its jurisdiction.
  228         (2) An onsite administrative assessment conducted by a
  229  local council shall be subject to the following conditions:
  230         (h) The local council shall conduct an exit consultation
  231  with the facility administrator or administrator designee to
  232  discuss issues and concerns and make recommendations for
  233  improvement, if any.
  234         Section 3. Subsection (2) of section 400.0078, Florida
  235  Statutes, is amended to read:
  236         400.0078 Citizen access to State Long-Term Care Ombudsman
  237  Program services.—
  238         (2) Every resident or representative of a resident shall
  239  receive, Upon admission to a long-term care facility, each
  240  resident or representative of a resident must receive
  241  information regarding the purpose of the State Long-Term Care
  242  Ombudsman Program, the statewide toll-free telephone number for
  243  receiving complaints, the confidentiality of the subject matter
  244  of a complaint and the complainant’s name and identity, and
  245  other relevant information regarding how to contact the program.
  246  Residents or their representatives must be furnished additional
  247  copies of this information upon request.
  248         Section 4. Paragraphs (b) and (c) of subsection (3) of
  249  section 429.07, Florida Statutes, are amended to read:
  250         429.07 License required; fee.—
  251         (3) In addition to the requirements of s. 408.806, each
  252  license granted by the agency must state the type of care for
  253  which the license is granted. Licenses shall be issued for one
  254  or more of the following categories of care: standard, extended
  255  congregate care, limited nursing services, or limited mental
  256  health.
  257         (b) An extended congregate care license shall be issued to
  258  facilities that have been licensed as assisted living facilities
  259  for 2 or more years and that provide providing, directly or
  260  through contract, services beyond those authorized in paragraph
  261  (a), including services performed by persons licensed under part
  262  I of chapter 464 and supportive services, as defined by rule, to
  263  persons who would otherwise be disqualified from continued
  264  residence in a facility licensed under this part. The primary
  265  purpose of extended congregate care services is to allow
  266  residents, as they become more impaired, the option of remaining
  267  in a familiar setting from which they would otherwise be
  268  disqualified for continued residency. A facility licensed to
  269  provide extended congregate care services may also admit an
  270  individual who exceeds the admission criteria for a facility
  271  with a standard license, if the individual is determined
  272  appropriate for admission to the extended congregate care
  273  facility.
  274         1. In order for extended congregate care services to be
  275  provided, the agency must first determine that all requirements
  276  established in law and rule are met and must specifically
  277  designate, on the facility’s license, that such services may be
  278  provided and whether the designation applies to all or part of
  279  the facility. Such designation may be made at the time of
  280  initial licensure or relicensure, or upon request in writing by
  281  a licensee under this part and part II of chapter 408. The
  282  notification of approval or the denial of the request shall be
  283  made in accordance with part II of chapter 408. Existing
  284  facilities qualifying to provide extended congregate care
  285  services must have maintained a standard license and may not
  286  have been subject to administrative sanctions during the
  287  previous 2 years, or since initial licensure if the facility has
  288  been licensed for less than 2 years, for any of the following
  289  reasons:
  290         a. A class I or class II violation;
  291         b. Three or more repeat or recurring class III violations
  292  of identical or similar resident care standards from which a
  293  pattern of noncompliance is found by the agency;
  294         c. Three or more class III violations that were not
  295  corrected in accordance with the corrective action plan approved
  296  by the agency;
  297         d. Violation of resident care standards which results in
  298  requiring the facility to employ the services of a consultant
  299  pharmacist or consultant dietitian;
  300         e. Denial, suspension, or revocation of a license for
  301  another facility licensed under this part in which the applicant
  302  for an extended congregate care license has at least 25 percent
  303  ownership interest; or
  304         f. Imposition of a moratorium pursuant to this part or part
  305  II of chapter 408 or initiation of injunctive proceedings.
  306         2.If an assisted living facility has been licensed for
  307  less than 2 years, the initial extended congregate care license
  308  must be provisional and may not exceed 6 months. Within the
  309  first 3 months after the provisional license is issued, the
  310  licensee shall notify the agency when it has admitted an
  311  extended congregate care resident, after which an unannounced
  312  inspection shall be made to determine compliance with
  313  requirements of an extended congregate care license. If the
  314  licensee demonstrates compliance with all of the requirements of
  315  an extended congregate care license during the inspection, the
  316  licensee shall be issued an extended congregate care license. In
  317  addition to sanctions authorized under this part, if violations
  318  are found during the inspection and the licensee fails to
  319  demonstrate compliance with all assisted living requirements
  320  during a followup inspection, the licensee shall immediately
  321  suspend extended congregate care services, and the provisional
  322  extended congregate care license expires.
  323         3.2. A facility that is licensed to provide extended
  324  congregate care services shall maintain a written progress
  325  report on each person who receives services which describes the
  326  type, amount, duration, scope, and outcome of services that are
  327  rendered and the general status of the resident’s health. A
  328  registered nurse, or appropriate designee, representing the
  329  agency shall visit the facility at least twice a year quarterly
  330  to monitor residents who are receiving extended congregate care
  331  services and to determine if the facility is in compliance with
  332  this part, part II of chapter 408, and relevant rules. One of
  333  the visits may be in conjunction with the regular survey. The
  334  monitoring visits may be provided through contractual
  335  arrangements with appropriate community agencies. A registered
  336  nurse shall serve as part of the team that inspects the
  337  facility. The agency may waive one of the required yearly
  338  monitoring visits for a facility that has been licensed for at
  339  least 24 months to provide extended congregate care services,
  340  if, during the inspection, the registered nurse determines that
  341  extended congregate care services are being provided
  342  appropriately, and if the facility has held an extended
  343  congregate care license during the last 24 months, has had no
  344  class I or class II violations, has had and no uncorrected class
  345  III violations, and has had no confirmed ombudsman council
  346  complaints that resulted in a citation for licensure. The agency
  347  must first consult with the long-term care ombudsman council for
  348  the area in which the facility is located to determine if any
  349  complaints have been made and substantiated about the quality of
  350  services or care. The agency may not waive one of the required
  351  yearly monitoring visits if complaints have been made and
  352  substantiated.
  353         4.3. A facility that is licensed to provide extended
  354  congregate care services must:
  355         a. Demonstrate the capability to meet unanticipated
  356  resident service needs.
  357         b. Offer a physical environment that promotes a homelike
  358  setting, provides for resident privacy, promotes resident
  359  independence, and allows sufficient congregate space as defined
  360  by rule.
  361         c. Have sufficient staff available, taking into account the
  362  physical plant and firesafety features of the building, to
  363  assist with the evacuation of residents in an emergency.
  364         d. Adopt and follow policies and procedures that maximize
  365  resident independence, dignity, choice, and decisionmaking to
  366  permit residents to age in place, so that moves due to changes
  367  in functional status are minimized or avoided.
  368         e. Allow residents or, if applicable, a resident’s
  369  representative, designee, surrogate, guardian, or attorney in
  370  fact to make a variety of personal choices, participate in
  371  developing service plans, and share responsibility in
  372  decisionmaking.
  373         f. Implement the concept of managed risk.
  374         g. Provide, directly or through contract, the services of a
  375  person licensed under part I of chapter 464.
  376         h. In addition to the training mandated in s. 429.52,
  377  provide specialized training as defined by rule for facility
  378  staff.
  379         5.4. A facility that is licensed to provide extended
  380  congregate care services is exempt from the criteria for
  381  continued residency set forth in rules adopted under s. 429.41.
  382  A licensed facility must adopt its own requirements within
  383  guidelines for continued residency set forth by rule. However,
  384  the facility may not serve residents who require 24-hour nursing
  385  supervision. A licensed facility that provides extended
  386  congregate care services must also provide each resident with a
  387  written copy of facility policies governing admission and
  388  retention.
  389         5. The primary purpose of extended congregate care services
  390  is to allow residents, as they become more impaired, the option
  391  of remaining in a familiar setting from which they would
  392  otherwise be disqualified for continued residency. A facility
  393  licensed to provide extended congregate care services may also
  394  admit an individual who exceeds the admission criteria for a
  395  facility with a standard license, if the individual is
  396  determined appropriate for admission to the extended congregate
  397  care facility.
  398         6. Before the admission of an individual to a facility
  399  licensed to provide extended congregate care services, the
  400  individual must undergo a medical examination as provided in s.
  401  429.26(4) and the facility must develop a preliminary service
  402  plan for the individual.
  403         7. If When a facility can no longer provide or arrange for
  404  services in accordance with the resident’s service plan and
  405  needs and the facility’s policy, the facility must shall make
  406  arrangements for relocating the person in accordance with s.
  407  429.28(1)(k).
  408         8. Failure to provide extended congregate care services may
  409  result in denial of extended congregate care license renewal.
  410  
  411  The agency may deny or revoke a facility’s extended congregate
  412  care license for not meeting the standards of an extended
  413  congregate care license or for any of the grounds listed in this
  414  subsection.
  415         (c) A limited nursing services license shall be issued to a
  416  facility that provides services beyond those authorized in
  417  paragraph (a) and as specified in this paragraph.
  418         1. In order for limited nursing services to be provided in
  419  a facility licensed under this part, the agency must first
  420  determine that all requirements established in law and rule are
  421  met and must specifically designate, on the facility’s license,
  422  that such services may be provided. Such designation may be made
  423  at the time of initial licensure or licensure renewal
  424  relicensure, or upon request in writing by a licensee under this
  425  part and part II of chapter 408. Notification of approval or
  426  denial of such request shall be made in accordance with part II
  427  of chapter 408. An existing facility that qualifies facilities
  428  qualifying to provide limited nursing services must shall have
  429  maintained a standard license and may not have been subject to
  430  administrative sanctions that affect the health, safety, and
  431  welfare of residents for the previous 2 years or since initial
  432  licensure if the facility has been licensed for less than 2
  433  years.
  434         2. A facility Facilities that is are licensed to provide
  435  limited nursing services shall maintain a written progress
  436  report on each person who receives such nursing services. The,
  437  which report must describe describes the type, amount, duration,
  438  scope, and outcome of services that are rendered and the general
  439  status of the resident’s health. A registered nurse representing
  440  the agency shall visit the facility such facilities at least
  441  annually twice a year to monitor residents who are receiving
  442  limited nursing services and to determine if the facility is in
  443  compliance with applicable provisions of this part, part II of
  444  chapter 408, and related rules. The monitoring visits may be
  445  provided through contractual arrangements with appropriate
  446  community agencies. A registered nurse shall also serve as part
  447  of the team that inspects such facility. Visits may be in
  448  conjunction with other agency inspections. The agency may waive
  449  one of the required yearly monitoring visits for a facility that
  450  has:
  451         a. A limited nursing services license for at least 24
  452  months;
  453         b. No class I or class II violations and no uncorrected
  454  class III violations; and
  455         c. No confirmed ombudsman council complaints that resulted
  456  in a citation for licensure.
  457         3. A person who receives limited nursing services under
  458  this part must meet the admission criteria established by the
  459  agency for assisted living facilities. When a resident no longer
  460  meets the admission criteria for a facility licensed under this
  461  part, arrangements for relocating the person shall be made in
  462  accordance with s. 429.28(1)(k), unless the facility is licensed
  463  to provide extended congregate care services.
  464         Section 5. Section 429.075, Florida Statutes, is amended to
  465  read:
  466         429.075 Limited mental health license.—An assisted living
  467  facility that serves one three or more mental health residents
  468  must obtain a limited mental health license.
  469         (1) To obtain a limited mental health license, a facility
  470  must hold a standard license as an assisted living facility,
  471  must not have any current uncorrected deficiencies or
  472  violations, and must ensure that, within 6 months after
  473  receiving a limited mental health license, the facility
  474  administrator and the staff of the facility who are in direct
  475  contact with mental health residents must complete training of
  476  no less than 6 hours related to their duties. Such designation
  477  may be made at the time of initial licensure or relicensure or
  478  upon request in writing by a licensee under this part and part
  479  II of chapter 408. Notification of approval or denial of such
  480  request shall be made in accordance with this part, part II of
  481  chapter 408, and applicable rules. This training must will be
  482  provided by or approved by the Department of Children and Family
  483  Services.
  484         (2) A facility that is Facilities licensed to provide
  485  services to mental health residents must shall provide
  486  appropriate supervision and staffing to provide for the health,
  487  safety, and welfare of such residents.
  488         (3) A facility that has a limited mental health license
  489  must:
  490         (a) Have a copy of each mental health resident’s community
  491  living support plan and the cooperative agreement with the
  492  mental health care services provider. The support plan and the
  493  agreement may be combined.
  494         (b) Have documentation that is provided by the Department
  495  of Children and Family Services that each mental health resident
  496  has been assessed and determined to be able to live in the
  497  community in an assisted living facility that has with a limited
  498  mental health license.
  499         (c) Make the community living support plan available for
  500  inspection by the resident, the resident’s legal guardian, the
  501  resident’s health care surrogate, and other individuals who have
  502  a lawful basis for reviewing this document.
  503         (d) Assist the mental health resident in carrying out the
  504  activities identified in the individual’s community living
  505  support plan.
  506         (4) A facility that has with a limited mental health
  507  license may enter into a cooperative agreement with a private
  508  mental health provider. For purposes of the limited mental
  509  health license, the private mental health provider may act as
  510  the case manager.
  511         Section 6. Section 429.14, Florida Statutes, is amended to
  512  read:
  513         429.14 Administrative penalties.—
  514         (1) In addition to the requirements of part II of chapter
  515  408, the agency may deny, revoke, and suspend any license issued
  516  under this part and impose an administrative fine in the manner
  517  provided in chapter 120 against a licensee for a violation of
  518  any provision of this part, part II of chapter 408, or
  519  applicable rules, or for any of the following actions by a
  520  licensee, for the actions of any person subject to level 2
  521  background screening under s. 408.809, or for the actions of any
  522  facility staff employee:
  523         (a) A An intentional or negligent act seriously affecting
  524  the health, safety, or welfare of a resident of the facility.
  525         (b) A The determination by the agency that the owner lacks
  526  the financial ability to provide continuing adequate care to
  527  residents.
  528         (c) Misappropriation or conversion of the property of a
  529  resident of the facility.
  530         (d) Failure to follow the criteria and procedures provided
  531  under part I of chapter 394 relating to the transportation,
  532  voluntary admission, and involuntary examination of a facility
  533  resident.
  534         (e) A citation of any of the following deficiencies as
  535  specified in s. 429.19:
  536         1. One or more cited class I deficiencies.
  537         2. Three or more cited class II deficiencies.
  538         3. Five or more cited class III deficiencies that have been
  539  cited on a single survey and have not been corrected within the
  540  times specified.
  541         (f) Failure to comply with the background screening
  542  standards of this part, s. 408.809(1), or chapter 435.
  543         (g) Violation of a moratorium.
  544         (h) Failure of the license applicant, the licensee during
  545  relicensure, or a licensee that holds a provisional license to
  546  meet the minimum license requirements of this part, or related
  547  rules, at the time of license application or renewal.
  548         (i) An intentional or negligent life-threatening act in
  549  violation of the uniform firesafety standards for assisted
  550  living facilities or other firesafety standards which that
  551  threatens the health, safety, or welfare of a resident of a
  552  facility, as communicated to the agency by the local authority
  553  having jurisdiction or the State Fire Marshal.
  554         (j) Knowingly operating any unlicensed facility or
  555  providing without a license any service that must be licensed
  556  under this chapter or chapter 400.
  557         (k) Any act constituting a ground upon which application
  558  for a license may be denied.
  559         (2) Upon notification by the local authority having
  560  jurisdiction or by the State Fire Marshal, the agency may deny
  561  or revoke the license of an assisted living facility that fails
  562  to correct cited fire code violations that affect or threaten
  563  the health, safety, or welfare of a resident of a facility.
  564         (3) The agency may deny or revoke a license of an to any
  565  applicant or controlling interest as defined in part II of
  566  chapter 408 which has or had a 25-percent or greater financial
  567  or ownership interest in any other facility that is licensed
  568  under this part, or in any entity licensed by this state or
  569  another state to provide health or residential care, if that
  570  which facility or entity during the 5 years prior to the
  571  application for a license closed due to financial inability to
  572  operate; had a receiver appointed or a license denied,
  573  suspended, or revoked; was subject to a moratorium; or had an
  574  injunctive proceeding initiated against it.
  575         (4) The agency shall deny or revoke the license of an
  576  assisted living facility if:
  577         (a)A resident’s health, safety, or welfare has been
  578  seriously affected by an intentional act of facility staff;
  579         (b)There are two moratoria issued pursuant to this part,
  580  or part II of chapter 408, which are imposed by final order
  581  within a 2-year period;
  582         (c)The facility is conditionally licensed for 180 or more
  583  consecutive days;
  584         (d)The facility is cited for two or more class I
  585  violations arising from unrelated circumstances during the same
  586  survey or investigation; or
  587         (e)The facility is cited for two or more class I
  588  violations arising from separate surveys or investigations
  589  within a 2-year period that has two or more class I violations
  590  that are similar or identical to violations identified by the
  591  agency during a survey, inspection, monitoring visit, or
  592  complaint investigation occurring within the previous 2 years.
  593         (5) An action taken by the agency to suspend, deny, or
  594  revoke a facility’s license under this part or part II of
  595  chapter 408, in which the agency claims that the facility owner
  596  or an employee of the facility has threatened the health,
  597  safety, or welfare of a resident of the facility must be heard
  598  by the Division of Administrative Hearings of the Department of
  599  Management Services within 120 days after receipt of the
  600  facility’s request for a hearing, unless that time limitation is
  601  waived by both parties. The administrative law judge shall must
  602  render a decision within 30 days after receipt of a proposed
  603  recommended order.
  604         (6) The agency shall impose an immediate moratorium, as
  605  provided under s. 408.814, on an assisted living facility that
  606  fails to provide the agency access to the facility or prohibits
  607  the agency from conducting a regulatory inspection. The licensee
  608  may not restrict agency staff in accessing and copying records
  609  or in conducting confidential interviews with facility staff or
  610  any individual who receives services from the facility provide
  611  to the Division of Hotels and Restaurants of the Department of
  612  Business and Professional Regulation, on a monthly basis, a list
  613  of those assisted living facilities that have had their licenses
  614  denied, suspended, or revoked or that are involved in an
  615  appellate proceeding pursuant to s. 120.60 related to the
  616  denial, suspension, or revocation of a license.
  617         (7) Agency notification of a license suspension or
  618  revocation, or denial of a license renewal, shall be posted and
  619  visible to the public at the facility.
  620         Section 7. Paragraphs (a) and (b) of subsection (2) of
  621  section 429.178, Florida Statutes, are amended to read:
  622         429.178 Special care for persons with Alzheimer’s disease
  623  or other related disorders.—
  624         (2)(a) An individual who is employed by a facility that
  625  provides special care for residents with Alzheimer’s disease or
  626  other related disorders, and who has regular contact with such
  627  residents, must complete up to 4 hours of initial dementia
  628  specific training developed or approved by the department. The
  629  training must shall be completed within 3 months after beginning
  630  employment and satisfy shall satisfy the core training
  631  requirements of s. 429.52(3)(g) s. 429.52(2)(g).
  632         (b) A direct caregiver who is employed by a facility that
  633  provides special care for residents with Alzheimer’s disease or
  634  other related disorders, and who provides direct care to such
  635  residents, must complete the required initial training and 4
  636  additional hours of training developed or approved by the
  637  department. The training must shall be completed within 9 months
  638  after beginning employment and satisfy shall satisfy the core
  639  training requirements of s. 429.52(3)(g) s. 429.52(2)(g).
  640         Section 8. Section 429.19, Florida Statutes, is amended to
  641  read:
  642         429.19 Violations; imposition of administrative fines;
  643  grounds.—
  644         (1) In addition to the requirements of part II of chapter
  645  408, the agency shall impose an administrative fine in the
  646  manner provided in chapter 120 for the violation of any
  647  provision of this part, part II of chapter 408, and applicable
  648  rules by an assisted living facility, for the actions of any
  649  person subject to level 2 background screening under s. 408.809,
  650  for the actions of any facility employee, or for an intentional
  651  or negligent act seriously affecting the health, safety, or
  652  welfare of a resident of the facility.
  653         (2) Each violation of this part and adopted rules must
  654  shall be classified according to the nature of the violation and
  655  the gravity of its probable effect on facility residents. The
  656  agency shall indicate the classification on the written notice
  657  of the violation as follows:
  658         (a) Class “I” violations are defined in s. 408.813. The
  659  agency shall impose an administrative fine of $7,500 for each a
  660  cited class I violation in a facility that is licensed for fewer
  661  than 100 beds at the time of the violation in an amount not less
  662  than $5,000 and not exceeding $10,000 for each violation. The
  663  agency shall impose an administrative fine of $11,250 for each
  664  cited class I violation in a facility that is licensed for 100
  665  or more beds at the time of the violation. If the noncompliance
  666  occurs within the prior 12 months, the fine must be levied for
  667  violations that are corrected before an inspection.
  668         (b) Class “II” violations are defined in s. 408.813. The
  669  agency shall impose an administrative fine of $3,000 for each a
  670  cited class II violation in a facility that is licensed for
  671  fewer than 100 beds at the time of the violation in an amount
  672  not less than $1,000 and not exceeding $5,000 for each
  673  violation. The agency shall impose an administrative fine of
  674  $4,500 for each cited class II violation in a facility that is
  675  licensed for 100 or more beds at the time of the violation.
  676         (c) Class “III” violations are defined in s. 408.813. The
  677  agency shall impose an administrative fine of $750 for each a
  678  cited class III violation in a facility that is licensed for
  679  fewer than 100 beds at the time of the violation in an amount
  680  not less than $500 and not exceeding $1,000 for each violation.
  681  The agency shall impose an administrative fine of $1,125 for
  682  each cited class III violation in a facility that is licensed
  683  for 100 or more beds at the time of the violation.
  684         (d) Class “IV” violations are defined in s. 408.813. The
  685  agency shall impose an administrative fine of $150 for each a
  686  cited class IV violation in a facility that is licensed for
  687  fewer than 100 beds at the time of the violation in an amount
  688  not less than $100 and not exceeding $200 for each violation.
  689  The agency shall impose an administrative fine of $225 for each
  690  cited class IV violation in a facility that is licensed for 100
  691  or more beds at the time of the violation.
  692         (e) Any fine imposed for class I and class II violations
  693  must be doubled if a facility was previously cited for one or
  694  more class I or class II violations during the agency’s last
  695  licensure inspection or any inspection or complaint
  696  investigation since the last licensure inspection.
  697         (f) Notwithstanding any other provision of law, a fine must
  698  be imposed for each class III and class IV violation, regardless
  699  of correction, if a facility was previously cited for one or
  700  more class III or class IV violations during the agency’s last
  701  licensure inspection or any inspection or complaint
  702  investigation since the last licensure inspection, for the same
  703  regulatory violation. A fine imposed for class III or class IV
  704  violations must be doubled if a facility was previously cited
  705  for one or more class III or class IV violations during the
  706  agency’s last two licensure inspections for the same regulatory
  707  violation.
  708         (g) In addition to the fines listed in paragraphs (a)-(d),
  709  the agency shall impose an administrative fine of $500 if a
  710  facility is found not to be in compliance with the background
  711  screening requirements as provided in s. 408.809.
  712         (3) For purposes of this section, in determining if a
  713  penalty is to be imposed and in fixing the amount of the fine,
  714  the agency shall consider the following factors:
  715         (a) The gravity of the violation, including the probability
  716  that death or serious physical or emotional harm to a resident
  717  will result or has resulted, the severity of the action or
  718  potential harm, and the extent to which the provisions of the
  719  applicable laws or rules were violated.
  720         (b) Actions taken by the owner or administrator to correct
  721  violations.
  722         (c) Any previous violations.
  723         (d) The financial benefit to the facility of committing or
  724  continuing the violation.
  725         (e) The licensed capacity of the facility.
  726         (3)(4) Each day of continuing violation after the date
  727  established by the agency fixed for correction termination of
  728  the violation, as ordered by the agency, constitutes an
  729  additional, separate, and distinct violation.
  730         (4)(5)An Any action taken to correct a violation shall be
  731  documented in writing by the owner or administrator of the
  732  facility and verified through followup visits by agency
  733  personnel. The agency may impose a fine and, in the case of an
  734  owner-operated facility, revoke or deny a facility’s license
  735  when a facility administrator fraudulently misrepresents action
  736  taken to correct a violation.
  737         (5)(6)A Any facility whose owner fails to apply for a
  738  change-of-ownership license in accordance with part II of
  739  chapter 408 and operates the facility under the new ownership is
  740  subject to a fine of $5,000.
  741         (6)(7) In addition to any administrative fines imposed, the
  742  agency may assess a survey fee, equal to the lesser of one half
  743  of the facility’s biennial license and bed fee or $500, to cover
  744  the cost of conducting initial complaint investigations that
  745  result in the finding of a violation that was the subject of the
  746  complaint or monitoring visits conducted under s. 429.28(3)(c)
  747  to verify the correction of the violations.
  748         (7)(8) During an inspection, the agency shall make a
  749  reasonable attempt to discuss each violation with the owner or
  750  administrator of the facility, prior to written notification.
  751         (8)(9) The agency shall develop and disseminate an annual
  752  list of all facilities sanctioned or fined for violations of
  753  state standards, the number and class of violations involved,
  754  the penalties imposed, and the current status of cases. The list
  755  shall be disseminated, at no charge, to the Department of
  756  Elderly Affairs, the Department of Health, the Department of
  757  Children and Family Services, the Agency for Persons with
  758  Disabilities, the area agencies on aging, the Florida Statewide
  759  Advocacy Council, and the state and local ombudsman councils.
  760  The Department of Children and Family Services shall disseminate
  761  the list to service providers under contract to the department
  762  who are responsible for referring persons to a facility for
  763  residency. The agency may charge a fee commensurate with the
  764  cost of printing and postage to other interested parties
  765  requesting a copy of this list. This information may be provided
  766  electronically or through the agency’s Internet site.
  767         Section 9. Subsections (2) and (6) of section 429.28,
  768  Florida Statutes, are amended to read:
  769         429.28 Resident bill of rights.—
  770         (2) The administrator of a facility shall ensure that a
  771  written notice of the rights, obligations, and prohibitions set
  772  forth in this part is posted in a prominent place in each
  773  facility and read or explained to residents who cannot read. The
  774  This notice must shall include the name, address, and telephone
  775  numbers of the local ombudsman council and central abuse hotline
  776  and, if when applicable, the Advocacy Center for Persons with
  777  Disabilities, Inc., and the Florida local advocacy council,
  778  where complaints may be lodged. The notice must state that the
  779  subject matter of a complaint made to the Office of State Long
  780  Term Care Ombudsman or a local long-term care ombudsman council
  781  and the names and identities of the residents involved in the
  782  complaint and the complainants are kept confidential pursuant to
  783  s. 400.0077. The facility must ensure a resident’s access to a
  784  telephone to call the local ombudsman council, central abuse
  785  hotline, Advocacy Center for Persons with Disabilities, Inc.,
  786  and the Florida local advocacy council.
  787         (6) A Any facility that which terminates the residency of
  788  an individual who participated in activities specified in
  789  subsection (5) must shall show good cause in a court of
  790  competent jurisdiction. If good cause is not shown, the agency
  791  shall impose a fine of $2,500 in addition to any other penalty
  792  assessed against the facility.
  793         Section 10. Section 429.34, Florida Statutes, is amended to
  794  read:
  795         429.34 Right of entry and inspection.—
  796         (1) In addition to the requirements of s. 408.811, any duly
  797  designated officer or employee of the department, the Department
  798  of Children and Family Services, the Medicaid Fraud Control Unit
  799  of the Office of the Attorney General, the state or local fire
  800  marshal, or a member of the state or local long-term care
  801  ombudsman council has shall have the right to enter unannounced
  802  upon and into the premises of any facility licensed pursuant to
  803  this part in order to determine the state of compliance with the
  804  provisions of this part, part II of chapter 408, and applicable
  805  rules. Data collected by the state or local long-term care
  806  ombudsman councils or the state or local advocacy councils may
  807  be used by the agency in investigations involving violations of
  808  regulatory standards. A person specified in this section who
  809  knows or has reasonable cause to suspect that a vulnerable adult
  810  has been or is being abused, neglected, or exploited shall
  811  immediately report such knowledge or suspicion to the central
  812  abuse hotline pursuant to chapter 415.
  813         (2) Each licensed assisted living facility must be
  814  inspected by the agency at least once every 24 months to
  815  determine compliance with this chapter and related rules. If an
  816  assisted living facility is cited for one or more class I
  817  violations or two or more class II violations arising from
  818  separate surveys within a 60-day period or due to unrelated
  819  circumstances during the same survey, the agency must conduct an
  820  additional licensure inspection within 6 months. In addition to
  821  any fines imposed on the facility under s. 429.19, the licensee
  822  must pay a fee for the cost of the additional inspection
  823  equivalent to the standard assisted living facility license and
  824  per-bed fees, without exception for beds designated for
  825  recipients of optional state supplementation. The agency shall
  826  adjust the fee in accordance with s. 408.805.
  827         Section 11. Present subsections (1) through (11) of section
  828  429.52, Florida Statutes, are redesignated as subsections (2)
  829  through (12), respectively, a new subsection (1) is added to
  830  that section, and present subsection (9) of that section is
  831  amended, to read:
  832         429.52 Staff training and educational programs; core
  833  educational requirement.—
  834         (1) Effective October 1, 2013, each new assisted living
  835  facility employee who has not previously completed core training
  836  must attend a preservice orientation provided by the facility
  837  before interacting with residents. The preservice orientation
  838  must be at least 2 hours in duration and cover topics that help
  839  the employee provide responsible care and respond to the needs
  840  of residents of the facility. Upon completion, the employee and
  841  the administrator of the facility must sign an affidavit stating
  842  that the employee completed the required preservice orientation.
  843  The facility must keep the affidavit in the employee’s work
  844  file.
  845         (10)(9) The training required by this section must shall be
  846  conducted by persons registered with the department as having
  847  the requisite experience and credentials to conduct the
  848  training. A person seeking to register as a trainer must provide
  849  the department with proof of completion of the minimum core
  850  training education requirements, successful passage of the
  851  competency test established under this section, and proof of
  852  compliance with the continuing education requirement in
  853  subsection (5)(4).
  854         Section 12. The Legislature finds that consistent
  855  regulation of assisted living facilities benefits residents and
  856  operators of such facilities. To determine whether surveys are
  857  consistent between surveys and surveyors, the Agency for Health
  858  Care Administration shall conduct a study of intersurveyor
  859  reliability for assisted living facilities. By November 1, 2013,
  860  the agency shall report to the Governor, the President of the
  861  Senate, and the Speaker of the House of Representatives its
  862  findings and make any recommendations to improve intersurveyor
  863  reliability.
  864         Section 13. The Legislature finds that consumers need
  865  additional information on the quality of care and service in
  866  assisted living facilities in order to select the best facility
  867  for themselves or their loved ones. Therefore, the Agency for
  868  Health Care Administration shall:
  869         (1)Propose a rating system for assisted living facilities
  870  similar to that used for nursing homes. The proposal must
  871  include, but is not limited to, the data elements to be used,
  872  the method of collecting the data, the method of determining the
  873  rating, an estimate of the initial and ongoing costs of a rating
  874  system to both the agency and assisted living facilities, and a
  875  timetable for the implementation of the rating system for
  876  assisted living facilities. The agency shall submit its proposal
  877  to the Governor, the President of the Senate, and the Speaker of
  878  the House of Representatives by November 1, 2013.
  879         (2) By January 1, 2014, create a content that is easily
  880  accessible through the front page of the agency’s website. At a
  881  minimum, the content must include:
  882         (a)Information on each licensed assisted living facility,
  883  including, but not limited to:
  884         1.The name and address of the facility.
  885         2.The number and type of licensed beds in the facility.
  886         3.The types of licenses held by the facility.
  887         4.The facility’s license expiration date and status.
  888         5.Other relevant information that the agency currently
  889  collects.
  890         (b)A list of the facility’s cited violations and a summary
  891  of each violation which is presented in an understandable manner
  892  to the general public.
  893         (c)Links to inspection reports that the agency has on
  894  file.
  895         (d)A monitored comment page, maintained by the agency,
  896  which allows citizens to anonymously comment on assisted living
  897  facilities that are licensed to operate in the state. This
  898  comment page must, at a minimum, allow members of the public to
  899  post comments on their experiences with, or observations of, an
  900  assisted living facility and to review other people’s comments.
  901  Comments posted to the agency’s comment page may not contain
  902  profanity and are intended to provide meaningful feedback about
  903  the assisted living facility. The agency shall provide for a
  904  webpage moderator to review comments for profane content before
  905  the comments are posted to the page. An employee, owner, or
  906  controlling interest in an assisted living facility is
  907  prohibited from posting comments on the page.
  908         Section 14. This act shall take effect July 1, 2013.