Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SPB 7018
       
       
       
       
       
       
                                Ì3704846Î370484                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/05/2015           .                                
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       The Committee on Children, Families, and Elder Affairs (Sobel)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 400.0060, Florida Statutes, is amended
    6  to read:
    7         400.0060 Definitions.—When used in this part, unless the
    8  context clearly dictates otherwise, the term:
    9         (1) “Administrative assessment” means a review of
   10  conditions in a long-term care facility which impact the rights,
   11  health, safety, and welfare of residents with the purpose of
   12  noting needed improvement and making recommendations to enhance
   13  the quality of life for residents.
   14         (2) “Agency” means the Agency for Health Care
   15  Administration.
   16         (3) “Department” means the Department of Elderly Affairs.
   17         (4) “District” means a geographical area designated by the
   18  state ombudsman in which individuals certified as ombudsmen
   19  carry out the duties of the State Long-Term Care Ombudsman
   20  Program. A district may have one or more local councils.
   21         (5)(4) “Local council” means a local long-term care
   22  ombudsman council designated by the ombudsman pursuant to s.
   23  400.0069. Local councils are also known as district long-term
   24  care ombudsman councils or district councils.
   25         (6)(5) “Long-term care facility” means a nursing home
   26  facility, assisted living facility, adult family-care home,
   27  board and care facility, or any other similar residential adult
   28  care facility.
   29         (7)(6) “Office” means the Office of the State Long-Term
   30  Care Ombudsman Program created by s. 400.0063.
   31         (8)(7) “Ombudsman” means an individual who has been
   32  certified by the state ombudsman as meeting the requirements of
   33  ss. 400.0069, 400.0070, and 400.0091 the individual appointed by
   34  the Secretary of Elderly Affairs to head the Office of State
   35  Long-Term Care Ombudsman.
   36         (9) “Representative of the State Long-Term Care Ombudsman
   37  Program” means the state ombudsman, an employee of the state or
   38  district office certified as an ombudsman or an individual
   39  certified as an ombudsman serving on the state or a local
   40  council.
   41         (10)(8) “Resident” means an individual 18 60 years of age
   42  or older who resides in a long-term care facility.
   43         (11)(9) “Secretary” means the Secretary of Elderly Affairs.
   44         (12)(10) “State council” means the State Long-Term Care
   45  Ombudsman Council created by s. 400.0067.
   46         (13) “State ombudsman” means the State Long-Term Care
   47  Ombudsman, who is the individual appointed by the Secretary of
   48  Elderly Affairs to head the State Long-Term Care Ombudsman
   49  Program.
   50         (14) “State ombudsman program” means the State Long-Term
   51  Care Ombudsman Program operating under the direction of the
   52  State Long Term Care Ombudsman.
   53         Section 2. Section 400.0061, Florida Statutes, is amended
   54  to read:
   55         400.0061 Legislative findings and intent; long-term care
   56  facilities.—
   57         (1) The Legislature finds that conditions in long-term care
   58  facilities in this state are such that the rights, health,
   59  safety, and welfare of residents are not fully ensured by rules
   60  of the Department of Elderly Affairs or the Agency for Health
   61  Care Administration or by the good faith of owners or operators
   62  of long-term care facilities. Furthermore, there is a need for a
   63  formal mechanism whereby a long-term care facility resident, a
   64  representative of a long-term care facility resident, or any
   65  other concerned citizen may make a complaint against the
   66  facility or its employees, or against other persons who are in a
   67  position to restrict, interfere with, or threaten the rights,
   68  health, safety, or welfare of a long-term care facility
   69  resident. The Legislature finds that concerned citizens are
   70  often more effective advocates for the rights of others than
   71  governmental agencies. The Legislature further finds that in
   72  order to be eligible to receive an allotment of funds authorized
   73  and appropriated under the federal Older Americans Act, the
   74  state must establish and operate an Office of State Long-Term
   75  Care Ombudsman, to be headed by the State Long-Term Care
   76  Ombudsman, and carry out a long-term care ombudsman program.
   77         (2) It is the intent of the Legislature, therefore, to use
   78  utilize voluntary citizen ombudsman councils under the
   79  leadership of the State Long-Term Care Ombudsman ombudsman, and,
   80  through them, to operate a state an ombudsman program, which
   81  shall, without interference by any executive agency, undertake
   82  to discover, investigate, and determine the presence of
   83  conditions or individuals that which constitute a threat to the
   84  rights, health, safety, or welfare of the residents of long-term
   85  care facilities. To ensure that the effectiveness and efficiency
   86  of such investigations are not impeded by advance notice or
   87  delay, the Legislature intends that the representatives of the
   88  State Long-Term Care Ombudsman Program ombudsman and ombudsman
   89  councils and their designated representatives not be required to
   90  obtain warrants in order to enter into or conduct investigations
   91  or onsite administrative assessments of long-term care
   92  facilities. It is the further intent of the Legislature that the
   93  environment in long-term care facilities be conducive to the
   94  dignity and independence of residents and that investigations by
   95  representatives of the State Long-Term Care Ombudsman Program
   96  ombudsman councils shall further the enforcement of laws, rules,
   97  and regulations that safeguard the health, safety, and welfare
   98  of residents.
   99         Section 3. Section 400.0063, Florida Statutes, is amended
  100  to read:
  101         400.0063 Establishment of the Office of State Long-Term
  102  Care Ombudsman Program; designation of ombudsman and legal
  103  advocate.—
  104         (1) There is created the an Office of State Long-Term Care
  105  Ombudsman Program in the Department of Elderly Affairs.
  106         (2)(a) The Office of State Long-Term Care Ombudsman Program
  107  shall be headed by the State Long-Term Care Ombudsman, who shall
  108  serve on a full-time basis and shall personally, or through
  109  representatives of the state ombudsman program office, carry out
  110  its the purposes and functions of the office in accordance with
  111  state and federal law.
  112         (b) The state ombudsman shall be appointed by and shall
  113  serve at the pleasure of the Secretary of Elderly Affairs. The
  114  secretary shall appoint a person who has expertise and
  115  experience in the fields of long-term care and advocacy to serve
  116  as state ombudsman.
  117         (3)(a) There is created in the office the position of legal
  118  advocate, who shall be selected by and serve at the pleasure of
  119  the state ombudsman and shall be a member in good standing of
  120  The Florida Bar.
  121         (b) The duties of the legal advocate shall include, but not
  122  be limited to:
  123         1. Assisting the state ombudsman in carrying out the duties
  124  of the office with respect to the abuse, neglect, exploitation
  125  or violation of rights of residents of long-term care
  126  facilities.
  127         2. Assisting the representatives of the State Long-Term
  128  Care Ombudsman Program state and local councils in carrying out
  129  their responsibilities under this part.
  130         3. Pursuing administrative, legal, and other appropriate
  131  remedies on behalf of residents.
  132         4. Serving as legal counsel to the representatives of the
  133  State Long-Term Care Ombudsman Program in state and local
  134  councils, or individual members thereof, against whom any suit
  135  or other legal action that is initiated in connection with the
  136  performance of the official duties of the representatives of the
  137  State Long-Term Care Ombudsman Program councils or an individual
  138  member.
  139         Section 4. Section 400.0065, Florida Statutes, is amended
  140  to read:
  141         400.0065 State Long-Term Care Ombudsman Program; duties and
  142  responsibilities.—
  143         (1) The purpose of the Office of State Long-Term Care
  144  Ombudsman Program is shall be to:
  145         (a) Identify, investigate, and resolve complaints made by
  146  or on behalf of residents of long-term care facilities relating
  147  to actions or omissions by providers or representatives of
  148  providers of long-term care services, other public or private
  149  agencies, guardians, or representative payees that may adversely
  150  affect the health, safety, welfare, or rights of the residents.
  151         (b) Provide services that assist in protecting the health,
  152  safety, welfare, and rights of residents.
  153         (c) Inform residents, their representatives, and other
  154  citizens about obtaining the services of the State Long-Term
  155  Care Ombudsman Program and its representatives.
  156         (d) Ensure that residents have regular and timely access to
  157  the services provided through the State Long-Term Care Program
  158  office and that residents and complainants receive timely
  159  responses from representatives of the State Long-Term Care
  160  Program office to their complaints.
  161         (e) Represent the interests of residents before
  162  governmental agencies and seek administrative, legal, and other
  163  remedies to protect the health, safety, welfare, and rights of
  164  the residents.
  165         (f) Administer the state and local councils.
  166         (g) Analyze, comment on, and monitor the development and
  167  implementation of federal, state, and local laws, rules, and
  168  regulations, and other governmental policies and actions, that
  169  pertain to the health, safety, welfare, and rights of the
  170  residents, with respect to the adequacy of long-term care
  171  facilities and services in the state, and recommend any changes
  172  in such laws, rules, regulations, policies, and actions as the
  173  office determines to be appropriate and necessary.
  174         (h) Provide technical support for the development of
  175  resident and family councils to protect the well-being and
  176  rights of residents.
  177         (2) The State Long-Term Care Ombudsman has shall have the
  178  duty and authority to:
  179         (a) Establish and coordinate districts and local councils
  180  throughout the state.
  181         (b) Perform the duties specified in state and federal law,
  182  rules, and regulations.
  183         (c) Within the limits of appropriated federal and state
  184  funding, employ such personnel as are necessary to perform
  185  adequately the functions of the office and provide or contract
  186  for legal services to assist the representatives of the State
  187  Long-Term Care Ombudsman Program state and local councils in the
  188  performance of their duties. Staff positions established for the
  189  purpose of coordinating the activities of each local council and
  190  assisting its members may be filled by the ombudsman after
  191  approval by the secretary. Notwithstanding any other provision
  192  of this part, upon certification by the ombudsman that the staff
  193  member hired to fill any such position has completed the initial
  194  training required under s. 400.0091, such person shall be
  195  considered a representative of the State Long-Term Care
  196  Ombudsman Program for purposes of this part.
  197         (d) Contract for services necessary to carry out the
  198  activities of the office.
  199         (e) Apply for, receive, and accept grants, gifts, or other
  200  payments, including, but not limited to, real property, personal
  201  property, and services from a governmental entity or other
  202  public or private entity or person, and make arrangements for
  203  the use of such grants, gifts, or payments.
  204         (f) Coordinate, to the greatest extent possible, state and
  205  local ombudsman services with the protection and advocacy
  206  systems for individuals with developmental disabilities and
  207  mental illnesses and with legal assistance programs for the poor
  208  through adoption of memoranda of understanding and other means.
  209         (g) Enter into a cooperative agreement with the Statewide
  210  Advocacy Council for the purpose of coordinating and avoiding
  211  duplication of advocacy services provided to residents.
  212         (g)(h) Enter into a cooperative agreement with the Medicaid
  213  Fraud Division as prescribed under s. 731(e)(2)(B) of the Older
  214  Americans Act.
  215         (h)(i) Prepare an annual report describing the activities
  216  carried out by the office, the state council, the districts and
  217  the local councils in the year for which the report is prepared.
  218  The state ombudsman shall submit the report to the secretary,
  219  the United States Assistant Secretary for Aging, the Governor,
  220  the President of the Senate, the Speaker of the House of
  221  Representatives, the Secretary of Children and Families, and the
  222  Secretary of the Agency for Health Care Administration at least
  223  30 days before the convening of the regular session of the
  224  Legislature. The secretary shall in turn submit the report to
  225  the United States Assistant Secretary for Aging, the Governor,
  226  the President of the Senate, the Speaker of the House of
  227  Representatives, the Secretary of Children and Families, and the
  228  Secretary of Health Care Administration. The report must shall,
  229  at a minimum:
  230         1. Contain and analyze data collected concerning complaints
  231  about and conditions in long-term care facilities and the
  232  disposition of such complaints.
  233         2. Evaluate the problems experienced by residents.
  234         3. Analyze the successes of the State Long-Term Care
  235  Ombudsman Program ombudsman program during the preceding year,
  236  including an assessment of how successfully the program has
  237  carried out its responsibilities under the Older Americans Act.
  238         4. Provide recommendations for policy, regulatory, and
  239  statutory changes designed to solve identified problems; resolve
  240  residents’ complaints; improve residents’ lives and quality of
  241  care; protect residents’ rights, health, safety, and welfare;
  242  and remove any barriers to the optimal operation of the State
  243  Long-Term Care Ombudsman Program.
  244         5. Contain recommendations from the State Long-Term Care
  245  Ombudsman Council regarding program functions and activities and
  246  recommendations for policy, regulatory, and statutory changes
  247  designed to protect residents’ rights, health, safety, and
  248  welfare.
  249         6. Contain any relevant recommendations from the
  250  representatives of the State Long-Term Care Ombudsman Program
  251  local councils regarding program functions and activities.
  252         Section 5. Section 400.0067, Florida Statutes, is amended
  253  to read:
  254         400.0067 State Long-Term Care Ombudsman Council; duties;
  255  membership.—
  256         (1) There is created within the Office of State Long-Term
  257  Care Ombudsman Program, the State Long-Term Care Ombudsman
  258  Council.
  259         (2) The State Long-Term Care Ombudsman Council shall:
  260         (a) Serve as an advisory body to assist the state ombudsman
  261  in reaching a consensus among districts and local councils on
  262  issues affecting residents and impacting the optimal operation
  263  of the program.
  264         (b) Serve as an appellate body in receiving from the
  265  districts or local councils complaints not resolved at the
  266  district or local level. Any individual member or members of the
  267  state council may enter any long-term care facility involved in
  268  an appeal, pursuant to the conditions specified in s.
  269  400.0074(2).
  270         (c) Assist the ombudsman to discover, investigate, and
  271  determine the existence of abuse or neglect in any long-term
  272  care facility, and work with the adult protective services
  273  program as required in ss. 415.101-415.113.
  274         (d) Assist the ombudsman in eliciting, receiving,
  275  responding to, and resolving complaints made by or on behalf of
  276  residents.
  277         (e) Elicit and coordinate state, district, local, and
  278  voluntary organizational assistance for the purpose of improving
  279  the care received by residents.
  280         (f) Assist the state ombudsman in preparing the annual
  281  report described in s. 400.0065.
  282         (3) The State Long-Term Care Ombudsman Council consists
  283  shall be composed of one active certified ombudsman from each
  284  local council in a district member elected by each local council
  285  plus three at-large members appointed by the Governor.
  286         (a) Each local council in a district must select shall
  287  elect by majority vote a representative of its choice to serve
  288  from among the council members to represent the interests of the
  289  local council on the state council. A local council chair may
  290  not serve as the representative of the local council on the
  291  state council.
  292         (b)1. The state ombudsman secretary, after consulting with
  293  the ombudsman, shall submit to the secretary Governor a list of
  294  individuals persons recommended for appointment to the at-large
  295  positions on the state council. The list may shall not include
  296  the name of any individual person who is currently serving in a
  297  district on a local council.
  298         2. The secretary Governor shall appoint three at-large
  299  members chosen from the list.
  300         3. If the Governor does not appoint an at-large member to
  301  fill a vacant position within 60 days after the list is
  302  submitted, the secretary, after consulting with the ombudsman,
  303  shall appoint an at-large member to fill that vacant position.
  304         (4)(a)(c)1. All state council members shall serve 3-year
  305  terms.
  306         2. A member of the state council may not serve more than
  307  two consecutive terms.
  308         3. A local council may recommend replacement removal of its
  309  selected elected representative from the state council by a
  310  majority vote. If the council votes to replace remove its
  311  representative, the local council chair shall immediately notify
  312  the state ombudsman. The secretary shall advise the Governor of
  313  the local council’s vote upon receiving notice from the
  314  ombudsman.
  315         4. The position of any member missing three state council
  316  meetings within a 1-year period without cause may be declared
  317  vacant by the state ombudsman. The findings of the state
  318  ombudsman regarding cause shall be final and binding.
  319         (b)5. Any vacancy on the state council shall be filled in
  320  the same manner as the original appointment.
  321         (c)(d)1. The state council shall elect a chair to serve for
  322  a term of 1 year. A chair may not serve more than two
  323  consecutive terms.
  324         2. The chair shall select a vice chair from among the
  325  members. The vice chair shall preside over the state council in
  326  the absence of the chair.
  327         3. The chair may create additional executive positions as
  328  necessary to carry out the duties of the state council. Any
  329  person appointed to an executive position shall serve at the
  330  pleasure of the chair, and his or her term shall expire on the
  331  same day as the term of the chair.
  332         4. A chair may be immediately removed from office before
  333  prior to the expiration of his or her term by a vote of two
  334  thirds of all state council members present at any meeting at
  335  which a quorum is present. If a chair is removed from office
  336  before prior to the expiration of his or her term, a replacement
  337  chair shall be chosen during the same meeting in the same manner
  338  as described in this paragraph, and the term of the replacement
  339  chair shall begin immediately. The replacement chair shall serve
  340  for the remainder of the term and is eligible to serve two
  341  subsequent consecutive terms.
  342         (d)(e)1. The state council shall meet upon the call of the
  343  chair or upon the call of the state ombudsman. The state council
  344  shall meet at least quarterly but may meet more frequently as
  345  needed.
  346         2. A quorum shall be considered present if more than 50
  347  percent of all active state council members are in attendance at
  348  the same meeting.
  349         3. The state council may not vote on or otherwise make any
  350  decisions resulting in a recommendation that will directly
  351  impact the state council, the district, or any local council,
  352  outside of a publicly noticed meeting at which a quorum is
  353  present.
  354         (e)(f) Members may not shall receive no compensation for
  355  attendance at state council meetings but shall, with approval
  356  from the state ombudsman, be reimbursed for per diem and travel
  357  expenses as provided in s. 112.061.
  358         Section 6. Section 400.0069, Florida Statutes, is amended
  359  to read:
  360         400.0069 Long-term care ombudsman districts; local long
  361  term care ombudsman councils; duties; appointment membership.—
  362         (1)(a) The state ombudsman shall designate districts and
  363  each district shall designate local long-term care ombudsman
  364  councils to carry out the duties of the State Long-Term Care
  365  Ombudsman Program within local communities. Each district local
  366  council shall function under the direction of the state
  367  ombudsman.
  368         (b) The state ombudsman shall ensure that there is at least
  369  one employee of the department certified as a long-term care
  370  ombudsman and a least one local council operating in each
  371  district of the department’s planning and service areas. The
  372  state ombudsman may create additional local councils as
  373  necessary to ensure that residents throughout the state have
  374  adequate access to State Long-Term Care Ombudsman Program
  375  services. The ombudsman, after approval from the secretary,
  376  shall designate the jurisdictional boundaries of each local
  377  council.
  378         (c) Each district shall convene a public meeting every
  379  quarter or as needed.
  380         (2) The duties of the representatives of the State Long
  381  Term Care Ombudsman Program local councils are to:
  382         (a) Provide services to assist in Serve as a third-party
  383  mechanism for protecting the health, safety, welfare, and civil
  384  and human rights of residents.
  385         (b) Discover, investigate, and determine the existence of
  386  abuse, or neglect, or exploitation in any long-term care
  387  facility and to use the procedures provided for in ss. 415.101
  388  415.113 when applicable.
  389         (c) Identify Elicit, receive, investigate, respond to, and
  390  resolve complaints made by or on behalf of residents relating to
  391  actions or omissions by providers of long-term care services,
  392  other public agencies, guardians, or representative payees which
  393  may adversely affect the health, safety, welfare, or rights of
  394  residents.
  395         (d) Review and, if necessary, comment on all existing or
  396  proposed rules, regulations, and other governmental policies and
  397  actions relating to long-term care facilities that may
  398  potentially have an effect on the rights, health, safety,
  399  welfare, and rights welfare of residents.
  400         (e) Review personal property and money accounts of
  401  residents who are receiving assistance under the Medicaid
  402  program pursuant to an investigation to obtain information
  403  regarding a specific complaint or problem.
  404         (f) Recommend that the state ombudsman and the legal
  405  advocate seek administrative, legal, and other remedies to
  406  protect the health, safety, welfare, and rights of the
  407  residents.
  408         (g) Provide technical assistance for the development of
  409  resident and family councils within long-term care facilities.
  410         (h)(g) Carry out other activities that the state ombudsman
  411  determines to be appropriate.
  412         (3) In order to carry out the duties specified in
  413  subsection (2), a representative of the State Long-Term Care
  414  Ombudsman Program or a member of a local council is authorized
  415  to enter any long-term care facility without notice or first
  416  obtaining a warrant; however, subject to the provisions of s.
  417  400.0074(2) may apply regarding notice of a followup
  418  administrative assessment.
  419         (4) Each district and local council shall be composed of
  420  ombudsmen members whose primary residences are residence is
  421  located within the boundaries of the district local council’s
  422  jurisdiction.
  423         (a) Upon good cause shown and with the consent of the
  424  ombudsman, the state ombudsman may appoint an ombudsman to
  425  another district. The ombudsman shall strive to ensure that each
  426  local council include the following persons as members:
  427         1. At least one medical or osteopathic physician whose
  428  practice includes or has included a substantial number of
  429  geriatric patients and who may practice in a long-term care
  430  facility;
  431         2. At least one registered nurse who has geriatric
  432  experience;
  433         3. At least one licensed pharmacist;
  434         4. At least one registered dietitian;
  435         5. At least six nursing home residents or representative
  436  consumer advocates for nursing home residents;
  437         6. At least three residents of assisted living facilities
  438  or adult family-care homes or three representative consumer
  439  advocates for alternative long-term care facility residents;
  440         7. At least one attorney; and
  441         8. At least one professional social worker.
  442         (b) The following individuals may not be appointed as
  443  ombudsmen:
  444         1. The owner or representative of a long-term care
  445  facility.
  446         2. A provider or representative of a provider of long-term
  447  care service.
  448         3. An employee of the agency.
  449         4. An employee of the department, except for staff
  450  certified as ombudsmen in the district offices.
  451         5. An employee of the Department of Children and Families.
  452         6. An employee of the Agency for Persons with Disabilities.
  453         (b) In no case shall the medical director of a long-term
  454  care facility or an employee of the agency, the department, the
  455  Department of Children and Families, or the Agency for Persons
  456  with Disabilities serve as a member or as an ex officio member
  457  of a council.
  458         (5)(a) To be appointed as an ombudsman, an individual must:
  459         1.Individuals wishing to join a local council shall Submit
  460  an application to the state ombudsman or his or her designee.
  461  The ombudsman shall review the individual’s application and
  462  advise the secretary of his or her recommendation for approval
  463  or disapproval of the candidate’s membership on the local
  464  council. If the secretary approves of the individual’s
  465  membership, the individual shall be appointed as a member of the
  466  local council.
  467         2. Successfully complete a level 2 background screening
  468  pursuant to s. 430.0402 and chapter 435.
  469         (b) The state ombudsman shall approve or deny the
  470  appointment of the individual as an ombudsman secretary may
  471  rescind the ombudsman’s approval of a member on a local council
  472  at any time. If the state ombudsman secretary rescinds the
  473  approval of a member on a local council, the state ombudsman
  474  shall ensure that the individual is immediately removed from the
  475  local council on which he or she serves and the individual may
  476  no longer represent the State Long-Term Care Ombudsman Program
  477  until the state ombudsman secretary provides his or her
  478  approval.
  479         (c) Upon appointment as an ombudsman, the individual may
  480  participate in district activities but may not represent the
  481  program or conduct any authorized program duties until the
  482  individual has completed the initial training specified in s.
  483  400.0091(1) and has been certified by the state ombudsman.
  484         (d) The state ombudsman may rescind the appointment of an
  485  individual as an ombudsman for good cause shown, such as
  486  development of a conflict of interest, failure to adhere to the
  487  policies and procedures established by the State Long Term Care
  488  Program, or demonstrative inability to carry out the
  489  responsibilities of the State Long Term Care Program. After the
  490  appointment is rescinded, the individual may not conduct any
  491  duties as an ombudsman and may not represent the State Long-Term
  492  Care Ombudsman Program.
  493         (e)(c) A local council may recommend the removal of one or
  494  more of its members by submitting to the state ombudsman a
  495  resolution adopted by a two-thirds vote of the members of the
  496  council stating the name of the member or members recommended
  497  for removal and the reasons for the recommendation. If such a
  498  recommendation is adopted by a local council, the local council
  499  chair or district manager coordinator shall immediately report
  500  the council’s recommendation to the state ombudsman. The state
  501  ombudsman shall review the recommendation of the local council
  502  and advise the district manager and local council chair
  503  secretary of his or her decision recommendation regarding
  504  removal of the council member or members.
  505         (6)(a) Each local council shall elect a chair for a term of
  506  1 year. There shall be no limitation on the number of terms that
  507  an approved member of a local council may serve as chair.
  508         (b) The chair shall select a vice chair from among the
  509  members of the council. The vice chair shall preside over the
  510  council in the absence of the chair.
  511         (c) The chair may create additional executive positions as
  512  necessary to carry out the duties of the local council. Any
  513  person appointed to an executive position shall serve at the
  514  pleasure of the chair, and his or her term shall expire on the
  515  same day as the term of the chair.
  516         (d) A chair may be immediately removed from office prior to
  517  the expiration of his or her term by a vote of two-thirds of the
  518  members of the local council. If any chair is removed from
  519  office before prior to the expiration of his or her term, a
  520  replacement chair shall be elected during the same meeting, and
  521  the term of the replacement chair shall begin immediately. The
  522  replacement chair shall serve for the remainder of the term of
  523  the person he or she replaced.
  524         (7) Each local council shall meet upon the call of its
  525  chair or upon the call of the ombudsman. Each local council
  526  shall meet at least once a month but may meet more frequently if
  527  necessary.
  528         (8) An ombudsman may not A member of a local council shall
  529  receive no compensation but shall, with approval from the state
  530  ombudsman, be reimbursed for travel expenses both within and
  531  outside the jurisdiction of the local council in accordance with
  532  the provisions of s. 112.061.
  533         (9) A representative of the State Long-Term Care Ombudsman
  534  Program may The local councils are authorized to call upon
  535  appropriate state agencies of state government for such
  536  professional assistance as may be needed in the discharge of his
  537  or her their duties, and such. All state agencies shall
  538  cooperate with the local councils in providing requested
  539  information and agency representation at council meetings.
  540         Section 7. Section 400.0070, Florida Statutes, is amended
  541  to read:
  542         400.0070 Conflicts of interest.—
  543         (1) A representative of the State Long-Term Care Ombudsman
  544  Program may The ombudsman shall not:
  545         (a) Have a direct involvement in the licensing or
  546  certification of, or an ownership or investment interest in, a
  547  long-term care facility or a provider of a long-term care
  548  service.
  549         (b) Be employed by, or participate in the management of, a
  550  long-term care facility.
  551         (c) Receive, or have a right to receive, directly or
  552  indirectly, remuneration, in cash or in kind, under a
  553  compensation agreement with the owner or operator of a long-term
  554  care facility.
  555         (2) Each representative of the State Long-Term Care
  556  Ombudsman Program employee of the office, each state council
  557  member, and each local council member shall certify that he or
  558  she does not have a has no conflict of interest.
  559         (3) The department, in consultation with the state
  560  ombudsman, shall define by rule:
  561         (a) Situations that constitute a person having a conflict
  562  of interest which that could materially affect the objectivity
  563  or capacity of an individual a person to serve as a
  564  representative of the State Long-Term Care Ombudsman Program
  565  while carrying out the purposes of the State Long-Term Care
  566  Program as specified in this part on an ombudsman council, or as
  567  an employee of the office, while carrying out the purposes of
  568  the State Long-Term Care Ombudsman Program as specified in this
  569  part.
  570         (b) The procedure by which an individual a person listed in
  571  subsection (2) must shall certify that he or she does not have a
  572  has no conflict of interest.
  573         Section 8. Section 400.0071, Florida Statutes, is amended
  574  to read:
  575         400.0071 State Long-Term Care Ombudsman Program complaint
  576  procedures.—The department, in consultation with the state
  577  ombudsman, shall adopt rules implementing state and local
  578  complaint procedures. The rules must include procedures for
  579  receiving, investigating, identifying, and resolving complaints
  580  concerning the health, safety, welfare, and rights of
  581  residents.:
  582         (1) Receiving complaints against a long-term care facility
  583  or an employee of a long-term care facility.
  584         (2) Conducting investigations of a long-term care facility
  585  or an employee of a long-term care facility subsequent to
  586  receiving a complaint.
  587         (3) Conducting onsite administrative assessments of long
  588  term care facilities.
  589         Section 9. Section 400.0073, Florida Statutes, is amended
  590  to read:
  591         400.0073 State and local ombudsman council investigations.—
  592         (1) A representative of the State Long-Term Care Ombudsman
  593  Program local council shall identify and investigate, within a
  594  reasonable time after a complaint is made, by or on behalf any
  595  complaint of a resident relating to actions or omissions by
  596  providers or representatives of providers of long-term care
  597  services, other public agencies, guardians, or representative
  598  payees which may adversely affect the health, safety, welfare,
  599  or rights of residents., a representative of a resident, or any
  600  other credible source based on an action or omission by an
  601  administrator, an employee, or a representative of a long-term
  602  care facility which might be:
  603         (a) Contrary to law;
  604         (b) Unreasonable, unfair, oppressive, or unnecessarily
  605  discriminatory, even though in accordance with law;
  606         (c) Based on a mistake of fact;
  607         (d) Based on improper or irrelevant grounds;
  608         (e) Unaccompanied by an adequate statement of reasons;
  609         (f) Performed in an inefficient manner; or
  610         (g) Otherwise adversely affecting the health, safety,
  611  welfare, or rights of a resident.
  612         (2) In an investigation, both the state and local councils
  613  have the authority to hold public hearings.
  614         (2)(3) Subsequent to an appeal from a local council, the
  615  state council may investigate any complaint received by the
  616  local council involving a long-term care facility or a resident.
  617         (3)(4) If a representative of the State Long-Term Care
  618  Ombudsman Program the ombudsman or any state or local council
  619  member is not allowed to enter a long-term care facility, the
  620  administrator of the facility shall be considered to have
  621  interfered with a representative of the State Long-Term Care
  622  Ombudsman Program office, the state council, or the local
  623  council in the performance of official duties as described in s.
  624  400.0083(1) and to have violated committed a violation of this
  625  part. The representative of the State Long-Term Care Ombudsman
  626  Program ombudsman shall report a facility’s refusal to allow
  627  entry to the state ombudsman or his or her designee, who shall
  628  report the incident to the agency, and the agency shall record
  629  the report and take it into consideration when determining
  630  actions allowable under s. 400.102, s. 400.121, s. 429.14, s.
  631  429.19, s. 429.69, or s. 429.71.
  632         Section 10. Section 400.0074, Florida Statutes, is amended
  633  to read:
  634         400.0074 Local ombudsman council onsite administrative
  635  assessments.—
  636         (1) A representative of the State Long-Term Care Ombudsman
  637  Program shall In addition to any specific investigation
  638  conducted pursuant to a complaint, the local council shall
  639  conduct, at least annually, an onsite administrative assessment
  640  of each nursing home, assisted living facility, and adult
  641  family-care home within its jurisdiction. This administrative
  642  assessment must be resident-centered and must shall focus on
  643  factors affecting the rights, health, safety, and welfare of the
  644  residents. Each local council is encouraged to conduct a similar
  645  onsite administrative assessment of each additional long-term
  646  care facility within its jurisdiction.
  647         (2) An onsite administrative assessment conducted by a
  648  local council shall be subject to the following conditions:
  649         (a) To the extent possible and reasonable, the
  650  administrative assessment may assessments shall not duplicate
  651  the efforts of the agency surveys and inspections of long-term
  652  care facilities conducted by state agencies under part II of
  653  this chapter and parts I and II of chapter 429.
  654         (b) An administrative assessment shall be conducted at a
  655  time and for a duration necessary to produce the information
  656  required to complete the assessment carry out the duties of the
  657  local council.
  658         (c) Advance notice of an administrative assessment may not
  659  be provided to a long-term care facility, except that notice of
  660  followup assessments on specific problems may be provided.
  661         (d) A representative of the State Long-Term Care Ombudsman
  662  Program local council member physically present for the
  663  administrative assessment must shall identify himself or herself
  664  to the administrator and cite the specific statutory authority
  665  for his or her assessment of the facility or his or her
  666  designee.
  667         (e) An administrative assessment may not unreasonably
  668  interfere with the programs and activities of residents.
  669         (f) A representative of the State Long-Term Care Ombudsman
  670  Program local council member may not enter a single-family
  671  residential unit within a long-term care facility during an
  672  administrative assessment without the permission of the resident
  673  or the representative of the resident.
  674         (g) An administrative assessment must be conducted in a
  675  manner that does not impose an will impose no unreasonable
  676  burden on a long-term care facility.
  677         (3) Regardless of jurisdiction, the state ombudsman may
  678  authorize a state or local council member to assist another
  679  local council to perform the administrative assessments
  680  described in this section.
  681         (4) An onsite administrative assessment may not be
  682  accomplished by forcible entry. However, if a representative of
  683  the State Long-Term Care Ombudsman Program the ombudsman or a
  684  state or local council member is not allowed to enter a long
  685  term care facility, the administrator of the facility shall be
  686  considered to have interfered with a representative of the State
  687  Long-Term Care Ombudsman Program office, the state council, or
  688  the local council in the performance of official duties as
  689  described in s. 400.0083(1) and to have committed a violation of
  690  this part. The representative of the State Long-Term Care
  691  Ombudsman Program ombudsman shall report the refusal by a
  692  facility to allow entry to the state ombudsman or his or her
  693  designee, who shall report the incident to the agency, and the
  694  agency shall record the report and take it into consideration
  695  when determining actions allowable under s. 400.102, s. 400.121,
  696  s. 429.14, s. 429.19, s. 429.69, or s. 429.71.
  697         (5)The department, in consultation with the state
  698  ombudsman, may adopt rules implementing procedures for
  699  conducting onsite administrative assessments of long-term care
  700  facilities.
  701         Section 11. Section 400.0075, Florida Statutes, is amended
  702  to read:
  703         400.0075 Complaint notification and resolution procedures.—
  704         (1)(a) Any complaint or problem verified by a
  705  representative of the State Long-Term Care Ombudsman Program an
  706  ombudsman council as a result of an investigation which is
  707  determined by the local council to require remedial action may
  708  or onsite administrative assessment, which complaint or problem
  709  is determined to require remedial action by the local council,
  710  shall be identified and brought to the attention of the long
  711  term care facility administrator subject to the confidentiality
  712  provisions of s. 400.0077 in writing. Upon receipt of the
  713  information such document, the administrator, with the
  714  concurrence of the representative of the State Long-Term Care
  715  Ombudsman Program local council chair, shall establish target
  716  dates for taking appropriate remedial action. If, by the target
  717  date, the remedial action is not completed or forthcoming, the
  718  representative of the State Long-Term Care Ombudsman Program may
  719  extend the target date if there is reason to believe such action
  720  would facilitate the resolution of the complaint, or the
  721  representative of the State Long-Term Care Ombudsman Program may
  722  refer the complaint to the district manager who may refer the
  723  complaint to the state council. local council chair may, after
  724  obtaining approval from the ombudsman and a majority of the
  725  members of the local council:
  726         1. Extend the target date if the chair has reason to
  727  believe such action would facilitate the resolution of the
  728  complaint.
  729         2. In accordance with s. 400.0077, publicize the complaint,
  730  the recommendations of the council, and the response of the
  731  long-term care facility.
  732         3. Refer the complaint to the state council.
  733         (b) If the representative of the State Long-Term Care
  734  Ombudsman Program determines local council chair believes that
  735  the health, safety, welfare, or rights of a the resident are in
  736  imminent danger, the representative of the State Long-Term Care
  737  Ombudsman Program must immediately the chair shall notify the
  738  district manager and local council chair. ombudsman or legal
  739  advocate, who, The district manager or local council chair,
  740  after verifying that such imminent danger exists, must notify
  741  the appropriate state agencies, including law enforcement
  742  agencies, the state ombudsman, and the legal advocate to ensure
  743  the protection of shall seek immediate legal or administrative
  744  remedies to protect the resident.
  745         (c) If the state ombudsman or legal advocate has reason to
  746  believe that the long-term care facility or an employee of the
  747  facility has committed a criminal act, the state ombudsman or
  748  legal advocate shall provide the local law enforcement agency
  749  with the relevant information to initiate an investigation of
  750  the case.
  751         (2)(a) Upon referral from a district or local council, the
  752  state ombudsman or his or her designee council shall assume the
  753  responsibility for the disposition of the complaint. If a long
  754  term care facility fails to take action to resolve or remedy the
  755  on a complaint by the state council, the state ombudsman council
  756  may, after obtaining approval from the ombudsman and a majority
  757  of the state council members:
  758         (a)1. In accordance with s. 400.0077, publicize the
  759  complaint, the recommendations of the local or state council,
  760  and the response of the long-term care facility.
  761         (b)2. Recommend to the department and the agency a series
  762  of facility reviews pursuant to s. 400.19, s. 429.34, or s.
  763  429.67 to ensure correction and nonrecurrence of the conditions
  764  that gave give rise to the complaint complaints against the a
  765  long-term care facility.
  766         (c)3. Recommend to the department and the agency that the
  767  long-term care facility no longer receive payments under any
  768  state assistance program, including Medicaid.
  769         (d)4. Recommend to the department and the agency that
  770  procedures be initiated for action against revocation of the
  771  long-term care facility’s license in accordance with chapter
  772  120.
  773         (b) If the state council chair believes that the health,
  774  safety, welfare, or rights of the resident are in imminent
  775  danger, the chair shall notify the ombudsman or legal advocate,
  776  who, after verifying that such imminent danger exists, shall
  777  seek immediate legal or administrative remedies to protect the
  778  resident.
  779         (3)(c) If the state ombudsman, after consultation with the
  780  legal advocate, has reason to believe that the long-term care
  781  facility or an employee of the facility has committed a criminal
  782  act, the state ombudsman shall provide the local law enforcement
  783  agency with the relevant information to initiate an
  784  investigation of the case.
  785         Section 12. Section 400.0078, Florida Statutes, is amended
  786  to read:
  787         400.0078 Citizen access to State Long-Term Care Ombudsman
  788  Program services.—
  789         (1) The office shall establish a statewide toll-free
  790  telephone number and e-mail address for receiving complaints
  791  concerning matters adversely affecting the health, safety,
  792  welfare, or rights of residents.
  793         (2) Every resident or representative of a resident shall
  794  receive, Upon admission to a long-term care facility, each
  795  resident or representative of a resident must receive
  796  information regarding:
  797         (a) The purpose of the State Long-Term Care Ombudsman
  798  Program,;
  799         (b) The statewide toll-free telephone number and e-mail
  800  address for receiving complaints;, and
  801         (c) Information that retaliatory action cannot be taken
  802  against a resident for presenting grievances or for exercising
  803  any other resident rights.
  804         (d) Other relevant information regarding how to contact
  805  representatives of the State Long Term Care Ombudsman Program
  806  the program.
  807  
  808         Residents or their representatives must be furnished
  809  additional copies of this information upon request.
  810         Section 13. Section 400.0079, Florida Statutes, is amended
  811  to read:
  812         400.0079 Immunity.—
  813         (1) Any person making a complaint pursuant to this part who
  814  does so in good faith shall be immune from any liability, civil
  815  or criminal, that otherwise might be incurred or imposed as a
  816  direct or indirect result of making the complaint.
  817         (2) Representatives of the State Long-Term Care Ombudsman
  818  Program are The ombudsman or any person authorized by the
  819  ombudsman to act on behalf of the office, as well as all members
  820  of the state and local councils, shall be immune from any
  821  liability, civil or criminal, that otherwise might be incurred
  822  or imposed during the good faith performance of official duties.
  823         Section 14. Section 400.0081, Florida Statutes, is amended
  824  to read:
  825         400.0081 Access to facilities, residents, and records.—
  826         (1) A long-term care facility shall provide representatives
  827  of the State Long-Term Care Program with the office, the state
  828  council and its members, and the local councils and their
  829  members access to:
  830         (a) Any portion of The long-term care facility and its
  831  residents any resident as necessary to investigate or resolve a
  832  complaint.
  833         (b) Where appropriate, medical and social records of a
  834  resident for review as necessary to investigate or resolve a
  835  complaint, if:
  836         1. The representative of the State Long-Term Care Ombudsman
  837  Program office has the permission of the resident or the legal
  838  representative of the resident; or
  839         2. The resident is unable to consent to the review and does
  840  not have a has no legal representative.
  841         (c) Medical and social records of a the resident as
  842  necessary to investigate or resolve a complaint, if:
  843         1. A legal representative or guardian of the resident
  844  refuses to give permission;
  845         2. The representative of the State Long-Term Care Ombudsman
  846  Program office has reasonable cause to believe that the legal
  847  representative or guardian is not acting in the best interests
  848  of the resident; and
  849         3. The representative of the State Long-Term Care Ombudsman
  850  Program state or local council member obtains the approval of
  851  the state ombudsman.
  852         (d) Access to The administrative records, policies, and
  853  documents to which residents or the general public have access.
  854         (e) Upon request, copies of all licensing and certification
  855  records maintained by the state with respect to a long-term care
  856  facility.
  857         (2) The department, in consultation with the state
  858  ombudsman and the state council, may adopt rules to establish
  859  procedures to ensure access to facilities, residents, and
  860  records as described in this section.
  861         Section 15. Section 400.0083, Florida Statutes, is amended
  862  to read:
  863         400.0083 Interference; retaliation; penalties.—
  864         (1) A It shall be unlawful for any person, long-term care
  865  facility, or other entity may not to willfully interfere with a
  866  representative of the State Long-Term Care Ombudsman Program
  867  office, the state council, or a local council in the performance
  868  of official duties.
  869         (2) A It shall be unlawful for any person, long-term care
  870  facility, or other entity may not to knowingly or willfully take
  871  action or retaliate against any resident, employee, or other
  872  person for filing a complaint with, providing information to, or
  873  otherwise cooperating with any representative of the State Long
  874  Term-Care Ombudsman Program office, the state council, or a
  875  local council.
  876         (3) A Any person, long-term care facility, or other entity
  877  that violates this section:
  878         (a) Is Shall be liable for damages and equitable relief as
  879  determined by law.
  880         (b) Commits a misdemeanor of the second degree, punishable
  881  as provided in s. 775.083.
  882         Section 16. Section 400.0087, Florida Statutes, is amended
  883  to read:
  884         400.0087 Department oversight; funding.—
  885         (1) The department shall meet the costs associated with the
  886  State Long-Term Care Ombudsman Program from funds appropriated
  887  to it.
  888         (a) The department shall include the costs associated with
  889  support of the State Long-Term Care Ombudsman Program when
  890  developing its budget requests for consideration by the Governor
  891  and submittal to the Legislature.
  892         (b) The department may divert from the federal ombudsman
  893  appropriation an amount equal to the department’s administrative
  894  cost ratio to cover the costs associated with administering the
  895  State Long-Term Care Ombudsman Program. The remaining allotment
  896  from the Older Americans Act program shall be expended on direct
  897  ombudsman activities.
  898         (2) The department shall monitor the State Long-Term Care
  899  Ombudsman Program office, the state council, and the local
  900  councils to ensure that each is carrying out the duties
  901  delegated to it by state and federal law.
  902         (3) The department is responsible for ensuring that the
  903  State Long-Term Care Ombudsman Program office:
  904         (a) Has the objectivity and independence required to
  905  qualify it for funding under the federal Older Americans Act.
  906         (b) Provides information to public and private agencies,
  907  legislators, and others.
  908         (c) Provides appropriate training to representatives of the
  909  State Long-Term Care Ombudsman Office or of the state or local
  910  councils.
  911         (d) Coordinates ombudsman services with Disability Rights
  912  Florida, the Advocacy Center for Persons with Disabilities and
  913  with providers of legal services to residents of long-term care
  914  facilities in compliance with state and federal laws.
  915         (4) The department shall also:
  916         (a) Receive and disburse state and federal funds for
  917  purposes that the state ombudsman has formulated in accordance
  918  with the Older Americans Act.
  919         (b) Whenever necessary, act as liaison between agencies and
  920  branches of the federal and state governments and the State
  921  Long-Term Care Ombudsman Program.
  922         Section 17. Section 400.0089, Florida Statutes, is amended
  923  to read:
  924         400.0089 Complaint data reports.—The State Long-Term Care
  925  Ombudsman Program office shall maintain a statewide uniform
  926  reporting system to collect and analyze data relating to
  927  complaints and conditions in long-term care facilities and to
  928  residents for the purpose of identifying and resolving
  929  complaints significant problems. The office shall publish
  930  quarterly and make readily available Information pertaining to
  931  the number and types of complaints received by the State Long
  932  Term Care Ombudsman Program shall be published quarterly and
  933  made readily available and shall include such information in the
  934  annual report required under s. 400.0065.
  935         Section 18. Section 400.0091, Florida Statutes, is amended
  936  to read:
  937         400.0091 Training.—The state ombudsman shall ensure that
  938  appropriate training is provided to all representatives of the
  939  State Long-Term Care Ombudsman Program employees of the office
  940  and to the members of the state and local councils.
  941         (1) All representatives of the State Long-Term Care
  942  Ombudsman Program state and local council members and employees
  943  of the office shall be given a minimum of 20 hours of training
  944  upon employment with the State Long-Term Care Ombudsman Program
  945  office or appointment as an ombudsman. Ten approval as a state
  946  or local council member and 10 hours of training in the form of
  947  continuing education is required annually thereafter.
  948         (2) The state ombudsman shall approve the curriculum for
  949  the initial and continuing education training, which must, at a
  950  minimum, address:
  951         (a) Resident confidentiality.
  952         (b) Guardianships and powers of attorney.
  953         (c) Medication administration.
  954         (d) Care and medication of residents with dementia and
  955  Alzheimer’s disease.
  956         (e) Accounting for residents’ funds.
  957         (f) Discharge rights and responsibilities.
  958         (g) Cultural sensitivity.
  959         (h) Any other topic related to residency in a long-term
  960  care facility recommended by the secretary.
  961         (3) An individual No employee, officer, or representative
  962  of the office or of the state or local councils, other than the
  963  state ombudsman, may not hold himself or herself out as a
  964  representative of the State Long-Term Care Ombudsman Program or
  965  conduct any authorized program duty described in this part
  966  unless the individual person has received the training required
  967  by this section and has been certified by the state ombudsman as
  968  qualified to carry out ombudsman activities on behalf of the
  969  office or the state or local councils.
  970         Section 19. Subsection (4) of section 20.41, Florida
  971  Statutes, is amended to read:
  972         20.41 Department of Elderly Affairs.—There is created a
  973  Department of Elderly Affairs.
  974         (4) The department shall administer the State Long-Term
  975  Care Ombudsman Program Council, created by s. 400.0063 400.0067,
  976  and the local long-term care ombudsman councils, created by s.
  977  400.0069 and shall, as required by s. 712 of the federal Older
  978  Americans Act of 1965, ensure that both the State Long Term Care
  979  Ombudsman Program operates state and local long-term care
  980  ombudsman councils operate in compliance with the Older
  981  Americans Act.
  982         Section 20. Subsections (14) through (19) of section
  983  400.021, Florida Statutes, are amended to read:
  984         400.021 Definitions.—When used in this part, unless the
  985  context otherwise requires, the term:
  986         (14) “Office” has the same meaning as in s. 400.0060.
  987         (15)(14) “Planning and service area” means the geographic
  988  area in which the Older Americans Act programs are administered
  989  and services are delivered by the Department of Elderly Affairs.
  990         (16) “Representative of the State Long Term Care Ombudsman
  991  Program” has the same meaning as in s. 400.0060.
  992         (17)(15) “Respite care” means admission to a nursing home
  993  for the purpose of providing a short period of rest or relief or
  994  emergency alternative care for the primary caregiver of an
  995  individual receiving care at home who, without home-based care,
  996  would otherwise require institutional care.
  997         (18)(16) “Resident care plan” means a written plan
  998  developed, maintained, and reviewed not less than quarterly by a
  999  registered nurse, with participation from other facility staff
 1000  and the resident or his or her designee or legal representative,
 1001  which includes a comprehensive assessment of the needs of an
 1002  individual resident; the type and frequency of services required
 1003  to provide the necessary care for the resident to attain or
 1004  maintain the highest practicable physical, mental, and
 1005  psychosocial well-being; a listing of services provided within
 1006  or outside the facility to meet those needs; and an explanation
 1007  of service goals.
 1008         (19)(17) “Resident designee” means a person, other than the
 1009  owner, administrator, or employee of the facility, designated in
 1010  writing by a resident or a resident’s guardian, if the resident
 1011  is adjudicated incompetent, to be the resident’s representative
 1012  for a specific, limited purpose.
 1013         (20)(18) “State Long Term Care Ombudsman Program ombudsman
 1014  councilhas the same meaning as in s. 400.0060 means the State
 1015  Long-Term Care Ombudsman Council established pursuant to s.
 1016  400.0067.
 1017         (21)(19) “Therapeutic spa services” means bathing, nail,
 1018  and hair care services and other similar services related to
 1019  personal hygiene.
 1020         Section 21. Paragraph (c) of subsection (1) and subsections
 1021  (2), and (3) of section 400.022, Florida Statutes, are amended
 1022  to read:
 1023         400.022 Residents’ rights.—
 1024         (1) All licensees of nursing home facilities shall adopt
 1025  and make public a statement of the rights and responsibilities
 1026  of the residents of such facilities and shall treat such
 1027  residents in accordance with the provisions of that statement.
 1028  The statement shall assure each resident the following:
 1029         (c) Any entity or individual that provides health, social,
 1030  legal, or other services to a resident has the right to have
 1031  reasonable access to the resident. The resident has the right to
 1032  deny or withdraw consent to access at any time by any entity or
 1033  individual. Notwithstanding the visiting policy of the facility,
 1034  the following individuals must be permitted immediate access to
 1035  the resident:
 1036         1. Any representative of the federal or state government,
 1037  including, but not limited to, representatives of the Department
 1038  of Children and Families, the Department of Health, the Agency
 1039  for Health Care Administration, the Office of the Attorney
 1040  General, and the Department of Elderly Affairs; any law
 1041  enforcement officer; any representative of the State Long Term
 1042  Care Ombudsman Program members of the state or local ombudsman
 1043  council; and the resident’s individual physician.
 1044         2. Subject to the resident’s right to deny or withdraw
 1045  consent, immediate family or other relatives of the resident.
 1046  
 1047  The facility must allow representatives of the State Long-Term
 1048  Care Ombudsman Program Council to examine a resident’s clinical
 1049  records with the permission of the resident or the resident’s
 1050  legal representative and consistent with state law.
 1051         (2) The licensee for each nursing home shall orally inform
 1052  the resident of the resident’s rights and provide a copy of the
 1053  statement required by subsection (1) to each resident or the
 1054  resident’s legal representative at or before the resident’s
 1055  admission to a facility. The licensee shall provide a copy of
 1056  the resident’s rights to each staff member of the facility. Each
 1057  such licensee shall prepare a written plan and provide
 1058  appropriate staff training to implement the provisions of this
 1059  section. The written statement of rights must include a
 1060  statement that a resident may file a complaint with the agency
 1061  or state or local ombudsman council. The statement must be in
 1062  boldfaced type and shall include the name, address, and
 1063  telephone number and e-mail address of the State Long Term Care
 1064  Ombudsman Program, the numbers of the local ombudsman council
 1065  and the Elder Abuse Hotline operated by the Department of
 1066  Children and Families central abuse hotline where complaints may
 1067  be lodged.
 1068         (3) Any violation of the resident’s rights set forth in
 1069  this section constitutes shall constitute grounds for action by
 1070  the agency under the provisions of s. 400.102, s. 400.121, or
 1071  part II of chapter 408. In order to determine whether the
 1072  licensee is adequately protecting residents’ rights, the
 1073  licensure inspection of the facility must shall include private
 1074  informal conversations with a sample of residents to discuss
 1075  residents’ experiences within the facility with respect to
 1076  rights specified in this section and general compliance with
 1077  standards, and consultation with the State Long-Term Care
 1078  Ombudsman Program ombudsman council in the local planning and
 1079  service area of the Department of Elderly Affairs in which the
 1080  nursing home is located.
 1081         Section 22. Subsections (8), (9), and (11) through (14) of
 1082  section 400.0255, Florida Statutes, are amended to read:
 1083         400.0255 Resident transfer or discharge; requirements and
 1084  procedures; hearings.—
 1085         (8) The notice required by subsection (7) must be in
 1086  writing and must contain all information required by state and
 1087  federal law, rules, or regulations applicable to Medicaid or
 1088  Medicare cases. The agency shall develop a standard document to
 1089  be used by all facilities licensed under this part for purposes
 1090  of notifying residents of a discharge or transfer. Such document
 1091  must include a means for a resident to request the local long
 1092  term care ombudsman council to review the notice and request
 1093  information about or assistance with initiating a fair hearing
 1094  with the department’s Office of Appeals Hearings. In addition to
 1095  any other pertinent information included, the form shall specify
 1096  the reason allowed under federal or state law that the resident
 1097  is being discharged or transferred, with an explanation to
 1098  support this action. Further, the form must shall state the
 1099  effective date of the discharge or transfer and the location to
 1100  which the resident is being discharged or transferred. The form
 1101  must shall clearly describe the resident’s appeal rights and the
 1102  procedures for filing an appeal, including the right to request
 1103  the local ombudsman council to review the notice of discharge or
 1104  transfer. A copy of the notice must be placed in the resident’s
 1105  clinical record, and a copy must be transmitted to the
 1106  resident’s legal guardian or representative and to the local
 1107  ombudsman council within 5 business days after signature by the
 1108  resident or resident designee.
 1109         (9) A resident may request that the State Long-Term Care
 1110  Ombudsman Program or local ombudsman council review any notice
 1111  of discharge or transfer given to the resident. When requested
 1112  by a resident to review a notice of discharge or transfer, the
 1113  local ombudsman council shall do so within 7 days after receipt
 1114  of the request. The nursing home administrator, or the
 1115  administrator’s designee, must forward the request for review
 1116  contained in the notice to the State Long-Term Care Ombudsman
 1117  Program or local ombudsman council within 24 hours after such
 1118  request is submitted. Failure to forward the request within 24
 1119  hours after the request is submitted shall toll the running of
 1120  the 30-day advance notice period until the request has been
 1121  forwarded.
 1122         (11) Notwithstanding paragraph (10)(b), an emergency
 1123  discharge or transfer may be implemented as necessary pursuant
 1124  to state or federal law during the period of time after the
 1125  notice is given and before the time a hearing decision is
 1126  rendered. Notice of an emergency discharge or transfer to the
 1127  resident, the resident’s legal guardian or representative, and
 1128  the State Long-Term Care Ombudsman Program or the local
 1129  ombudsman council if requested pursuant to subsection (9) must
 1130  be by telephone or in person. This notice shall be given before
 1131  the transfer, if possible, or as soon thereafter as practicable.
 1132  The State Long-Term Care Ombudsman Program or a A local
 1133  ombudsman council conducting a review under this subsection
 1134  shall do so within 24 hours after receipt of the request. The
 1135  resident’s file must be documented to show who was contacted,
 1136  whether the contact was by telephone or in person, and the date
 1137  and time of the contact. If the notice is not given in writing,
 1138  written notice meeting the requirements of subsection (8) must
 1139  be given the next working day.
 1140         (12) After receipt of any notice required under this
 1141  section, the State Long-Term Care Ombudsman Program or local
 1142  ombudsman council may request a private informal conversation
 1143  with a resident to whom the notice is directed, and, if known, a
 1144  family member or the resident’s legal guardian or designee, to
 1145  ensure that the facility is proceeding with the discharge or
 1146  transfer in accordance with the requirements of this section. If
 1147  requested, the State Long-Term Care Ombudsman Program or the
 1148  local ombudsman council shall assist the resident with filing an
 1149  appeal of the proposed discharge or transfer.
 1150         (13) The following persons must be present at all hearings
 1151  authorized under this section:
 1152         (a) The resident, or the resident’s legal representative or
 1153  designee.
 1154         (b) The facility administrator, or the facility’s legal
 1155  representative or designee.
 1156  
 1157  A representative of the State Long-Term Care Ombudsman Program
 1158  or the local long-term care ombudsman council may be present at
 1159  all hearings authorized by this section.
 1160         (14) In any hearing under this section, the following
 1161  information concerning the parties shall be confidential and
 1162  exempt from the provisions of s. 119.07(1):
 1163         (a) Names and addresses.
 1164         (b) Medical services provided.
 1165         (c) Social and economic conditions or circumstances.
 1166         (d) Evaluation of personal information.
 1167         (e) Medical data, including diagnosis and past history of
 1168  disease or disability.
 1169         (f) Any information received verifying income eligibility
 1170  and amount of medical assistance payments. Income information
 1171  received from the Social Security Administration or the Internal
 1172  Revenue Service must be safeguarded according to the
 1173  requirements of the agency that furnished the data.
 1174  
 1175  The exemption created by this subsection does not prohibit
 1176  access to such information by the State Long-Term Care Ombudsman
 1177  Program or a local long-term care ombudsman council upon
 1178  request, by a reviewing court if such information is required to
 1179  be part of the record upon subsequent review, or as specified in
 1180  s. 24(a), Art. I of the State Constitution.
 1181         Section 23. Paragraph (d) of subsection (5) of section
 1182  400.162, Florida Statutes, is amended to read:
 1183         400.162 Property and personal affairs of residents.—
 1184         (5)
 1185         (d) If, at any time during the period for which a license
 1186  is issued, a licensee that has not purchased a surety bond or
 1187  entered into a self-insurance agreement, as provided in
 1188  paragraphs (b) and (c), is requested to provide safekeeping for
 1189  the personal funds of a resident, the licensee shall notify the
 1190  agency of the request and make application for a surety bond or
 1191  for participation in a self-insurance agreement within 7 days
 1192  after of the request, exclusive of weekends and holidays. Copies
 1193  of the application, along with written documentation of related
 1194  correspondence with an insurance agency or group, shall be
 1195  maintained by the licensee for review by the agency and the
 1196  State Nursing Home and Long-Term Care Facility Ombudsman Program
 1197  Council.
 1198         Section 24. Subsections (1) and (4) of section 400.19,
 1199  Florida Statutes, are amended to read:
 1200         400.19 Right of entry and inspection.—
 1201         (1) In accordance with part II of chapter 408, the agency
 1202  and any of its duly designated officers officer or employees
 1203  employee thereof or a representative of member of the State
 1204  Long-Term Care Ombudsman Program Council or the local long-term
 1205  care ombudsman council shall have the right to enter upon and
 1206  into the premises of any facility licensed pursuant to this
 1207  part, or any distinct nursing home unit of a hospital licensed
 1208  under chapter 395 or any freestanding facility licensed under
 1209  chapter 395 which that provides extended care or other long-term
 1210  care services, at any reasonable time in order to determine the
 1211  state of compliance with the provisions of this part, part II of
 1212  chapter 408, and applicable rules in force pursuant thereto. The
 1213  agency shall, within 60 days after receipt of a complaint made
 1214  by a resident or resident’s representative, complete its
 1215  investigation and provide to the complainant its findings and
 1216  resolution.
 1217         (4) The agency shall conduct unannounced onsite facility
 1218  reviews following written verification of licensee noncompliance
 1219  in instances in which a representative of the State Long-Term
 1220  Care Ombudsman Program or long-term care ombudsman council,
 1221  pursuant to ss. 400.0071 and 400.0075, has received a complaint
 1222  and has documented deficiencies in resident care or in the
 1223  physical plant of the facility that threaten the health, safety,
 1224  or security of residents, or when the agency documents through
 1225  inspection that conditions in a facility present a direct or
 1226  indirect threat to the health, safety, or security of residents.
 1227  However, the agency shall conduct unannounced onsite reviews
 1228  every 3 months of each facility while the facility has a
 1229  conditional license. Deficiencies related to physical plant do
 1230  not require followup reviews after the agency has determined
 1231  that correction of the deficiency has been accomplished and that
 1232  the correction is of the nature that continued compliance can be
 1233  reasonably expected.
 1234         Section 25. Subsection (6) and paragraph (c) of subsection
 1235  (7) of section 400.23, Florida Statutes, are amended to read:
 1236         400.23 Rules; evaluation and deficiencies; licensure
 1237  status.—
 1238         (6) Before Prior to conducting a survey of the facility,
 1239  the survey team shall obtain a copy of the local long-term care
 1240  ombudsman council report on the facility. Problems noted in the
 1241  report shall be incorporated into and followed up through the
 1242  agency’s inspection process. This procedure does not preclude
 1243  the State Long-Term Care Ombudsman Program or local long-term
 1244  care ombudsman council from requesting the agency to conduct a
 1245  followup visit to the facility.
 1246         (7) The agency shall, at least every 15 months, evaluate
 1247  all nursing home facilities and make a determination as to the
 1248  degree of compliance by each licensee with the established rules
 1249  adopted under this part as a basis for assigning a licensure
 1250  status to that facility. The agency shall base its evaluation on
 1251  the most recent inspection report, taking into consideration
 1252  findings from other official reports, surveys, interviews,
 1253  investigations, and inspections. In addition to license
 1254  categories authorized under part II of chapter 408, the agency
 1255  shall assign a licensure status of standard or conditional to
 1256  each nursing home.
 1257         (c) In evaluating the overall quality of care and services
 1258  and determining whether the facility will receive a conditional
 1259  or standard license, the agency shall consider the needs and
 1260  limitations of residents in the facility and the results of
 1261  interviews and surveys of a representative sampling of
 1262  residents, families of residents, representatives of the State
 1263  Long-Term Care Ombudsman Program ombudsman council members in
 1264  the planning and service area in which the facility is located,
 1265  guardians of residents, and staff of the nursing home facility.
 1266         Section 26. Paragraph (a) of subsection (3), paragraph (f)
 1267  of subsection (5), and subsection (6) of section 400.235,
 1268  Florida Statutes, is amended to read:
 1269         400.235 Nursing home quality and licensure status; Gold
 1270  Seal Program.—
 1271         (3)(a) The Gold Seal Program shall be developed and
 1272  implemented by the Governor’s Panel on Excellence in Long-Term
 1273  Care which shall operate under the authority of the Executive
 1274  Office of the Governor. The panel shall be composed of three
 1275  persons appointed by the Governor, to include a consumer
 1276  advocate for senior citizens and two persons with expertise in
 1277  the fields of quality management, service delivery excellence,
 1278  or public sector accountability; three persons appointed by the
 1279  Secretary of Elderly Affairs, to include an active member of a
 1280  nursing facility family and resident care council and a member
 1281  of the University Consortium on Aging; a representative of the
 1282  State Long-Term Care Ombudsman Program; one person appointed by
 1283  the Florida Life Care Residents Association; one person
 1284  appointed by the State Surgeon General; two persons appointed by
 1285  the Secretary of Health Care Administration; one person
 1286  appointed by the Florida Association of Homes for the Aging; and
 1287  one person appointed by the Florida Health Care Association.
 1288  Vacancies on the panel shall be filled in the same manner as the
 1289  original appointments.
 1290         (5) Facilities must meet the following additional criteria
 1291  for recognition as a Gold Seal Program facility:
 1292         (f) Verification of Evidence an outstanding minimal record
 1293  regarding the number and types of substantiated complaints
 1294  reported to the State Long-Term Care Ombudsman Program Council
 1295  within the 30 months preceding application for the program.
 1296  
 1297  A facility assigned a conditional licensure status may not
 1298  qualify for consideration for the Gold Seal Program until after
 1299  it has operated for 30 months with no class I or class II
 1300  deficiencies and has completed a regularly scheduled relicensure
 1301  survey.
 1302         (6) The agency, nursing facility industry organizations,
 1303  consumers, State Long-Term Care Ombudsman Program Council, and
 1304  members of the community may recommend to the Governor
 1305  facilities that meet the established criteria for consideration
 1306  for and award of the Gold Seal. The panel shall review nominees
 1307  and make a recommendation to the Governor for final approval and
 1308  award. The decision of the Governor is final and is not subject
 1309  to appeal.
 1310         Section 27. Subsections (18) through (28) of section
 1311  415.102, Florida Statutes, are redesignated as subsections (19)
 1312  through and (29), respectively, and a new subsection (18) is
 1313  added to that section, to read:
 1314         415.102 Definitions of terms used in ss. 415.101-415.113.
 1315  As used in ss. 415.101-415.113, the term:
 1316         (18) “Office” has the same meaning as in s. 400.0060.
 1317         Section 28. Paragraph (a) of subsection (1) of section
 1318  415.1034, Florida Statutes, is amended to read:
 1319         415.1034 Mandatory reporting of abuse, neglect, or
 1320  exploitation of vulnerable adults; mandatory reports of death.—
 1321         (1) MANDATORY REPORTING.—
 1322         (a) Any person, including, but not limited to, any:
 1323         1. Physician, osteopathic physician, medical examiner,
 1324  chiropractic physician, nurse, paramedic, emergency medical
 1325  technician, or hospital personnel engaged in the admission,
 1326  examination, care, or treatment of vulnerable adults;
 1327         2. Health professional or mental health professional other
 1328  than one listed in subparagraph 1.;
 1329         3. Practitioner who relies solely on spiritual means for
 1330  healing;
 1331         4. Nursing home staff; assisted living facility staff;
 1332  adult day care center staff; adult family-care home staff;
 1333  social worker; or other professional adult care, residential, or
 1334  institutional staff;
 1335         5. State, county, or municipal criminal justice employee or
 1336  law enforcement officer;
 1337         6. An Employee of the Department of Business and
 1338  Professional Regulation conducting inspections of public lodging
 1339  establishments under s. 509.032;
 1340         7. Florida advocacy council or Disability Rights Florida
 1341  member or a representative of the State Long-Term Care Ombudsman
 1342  Program long-term care ombudsman council member; or
 1343         8. Bank, savings and loan, or credit union officer,
 1344  trustee, or employee,
 1345  
 1346  who knows, or has reasonable cause to suspect, that a vulnerable
 1347  adult has been or is being abused, neglected, or exploited shall
 1348  immediately report such knowledge or suspicion to the central
 1349  abuse hotline.
 1350         Section 29. Subsection (1) of section 415.104, Florida
 1351  Statutes, is amended to read:
 1352         415.104 Protective investigations of cases of abuse,
 1353  neglect, or exploitation of vulnerable adults; transmittal of
 1354  records to state attorney.—
 1355         (1) The department shall, upon receipt of a report alleging
 1356  abuse, neglect, or exploitation of a vulnerable adult, begin
 1357  within 24 hours a protective investigation of the facts alleged
 1358  therein. If a caregiver refuses to allow the department to begin
 1359  a protective investigation or interferes with the conduct of
 1360  such an investigation, the appropriate law enforcement agency
 1361  shall be contacted for assistance. If, during the course of the
 1362  investigation, the department has reason to believe that the
 1363  abuse, neglect, or exploitation is perpetrated by a second
 1364  party, the appropriate law enforcement agency and state attorney
 1365  shall be orally notified. The department and the law enforcement
 1366  agency shall cooperate to allow the criminal investigation to
 1367  proceed concurrently with, and not be hindered by, the
 1368  protective investigation. The department shall make a
 1369  preliminary written report to the law enforcement agencies
 1370  within 5 working days after the oral report. The department
 1371  shall, within 24 hours after receipt of the report, notify the
 1372  appropriate Florida local advocacy council, or the State Long
 1373  Term Care Ombudsman Program long-term care ombudsman council,
 1374  when appropriate, that an alleged abuse, neglect, or
 1375  exploitation perpetrated by a second party has occurred. Notice
 1376  to the Florida local advocacy council or the State Long-Term
 1377  Care Ombudsman Program long-term care ombudsman council may be
 1378  accomplished orally or in writing and shall include the name and
 1379  location of the vulnerable adult alleged to have been abused,
 1380  neglected, or exploited and the nature of the report.
 1381         Section 30. Subsection (8) of section 415.1055, Florida
 1382  Statutes, is amended to read:
 1383         415.1055 Notification to administrative entities.—
 1384         (8) At the conclusion of a protective investigation at a
 1385  facility, the department shall notify either the Florida local
 1386  advocacy council or the State Long-Term Care Ombudsman Program
 1387  or the long-term care ombudsman council of the results of the
 1388  investigation. This notification must be in writing.
 1389         Section 31. Subsection (2) of section 415.106, Florida
 1390  Statutes, is amended to read:
 1391         415.106 Cooperation by the department and criminal justice
 1392  and other agencies.—
 1393         (2) To ensure coordination, communication, and cooperation
 1394  with the investigation of abuse, neglect, or exploitation of
 1395  vulnerable adults, the department shall develop and maintain
 1396  interprogram agreements or operational procedures among
 1397  appropriate departmental programs and the State Long-Term Care
 1398  Ombudsman Program Council, the Florida Statewide Advocacy
 1399  Council, and other agencies that provide services to vulnerable
 1400  adults. These agreements or procedures must cover such subjects
 1401  as the appropriate roles and responsibilities of the department
 1402  in identifying and responding to reports of abuse, neglect, or
 1403  exploitation of vulnerable adults; the provision of services;
 1404  and related coordinated activities.
 1405         Section 32. Paragraph (g) of subsection (3) of section
 1406  415.107, Florida Statutes, is amended to read:
 1407         415.107 Confidentiality of reports and records.—
 1408         (3) Access to all records, excluding the name of the
 1409  reporter which shall be released only as provided in subsection
 1410  (6), shall be granted only to the following persons, officials,
 1411  and agencies:
 1412         (g) Any appropriate official of the Florida advocacy
 1413  council, State Long-Term Care Ombudsman Program or long-term
 1414  care ombudsman council investigating a report of known or
 1415  suspected abuse, neglect, or exploitation of a vulnerable adult.
 1416         Section 33. Present subsections (16) through (26) of
 1417  section 429.02, Florida Statutes, are redesignated as
 1418  subsections (17) through (27), respectively, present subsections
 1419  (11) and (20) are amended, and a new subsection (16) is added to
 1420  that section to read:
 1421         429.02 Definitions.—When used in this part, the term:
 1422         (11) “Extended congregate care” means acts beyond those
 1423  authorized in subsection (17) (16) that may be performed
 1424  pursuant to part I of chapter 464 by persons licensed thereunder
 1425  while carrying out their professional duties, and other
 1426  supportive services which may be specified by rule. The purpose
 1427  of such services is to enable residents to age in place in a
 1428  residential environment despite mental or physical limitations
 1429  that might otherwise disqualify them from residency in a
 1430  facility licensed under this part.
 1431         (16) “Office” has the same meaning as in s. 400.0060.
 1432         (17)(16) “Personal services” means direct physical
 1433  assistance with or supervision of the activities of daily living
 1434  and the self-administration of medication and other similar
 1435  services which the department may define by rule. “Personal
 1436  services” shall not be construed to mean the provision of
 1437  medical, nursing, dental, or mental health services.
 1438         (18)(17) “Physical restraint” means a device which
 1439  physically limits, restricts, or deprives an individual of
 1440  movement or mobility, including, but not limited to, a half-bed
 1441  rail, a full-bed rail, a geriatric chair, and a posey restraint.
 1442  The term “physical restraint” shall also include any device
 1443  which was not specifically manufactured as a restraint but which
 1444  has been altered, arranged, or otherwise used for this purpose.
 1445  The term shall not include bandage material used for the purpose
 1446  of binding a wound or injury.
 1447         (19)(18) “Relative” means an individual who is the father,
 1448  mother, stepfather, stepmother, son, daughter, brother, sister,
 1449  grandmother, grandfather, great-grandmother, great-grandfather,
 1450  grandson, granddaughter, uncle, aunt, first cousin, nephew,
 1451  niece, husband, wife, father-in-law, mother-in-law, son-in-law,
 1452  daughter-in-law, brother-in-law, sister-in-law, stepson,
 1453  stepdaughter, stepbrother, stepsister, half brother, or half
 1454  sister of an owner or administrator.
 1455         (20)(19) “Resident” means a person 18 years of age or
 1456  older, residing in and receiving care from a facility.
 1457         (21)(20) “Resident’s representative or designee” means a
 1458  person other than the owner, or an agent or employee of the
 1459  facility, designated in writing by the resident, if legally
 1460  competent, to receive notice of changes in the contract executed
 1461  pursuant to s. 429.24; to receive notice of and to participate
 1462  in meetings between the resident and the facility owner,
 1463  administrator, or staff concerning the rights of the resident;
 1464  to assist the resident in contacting the State Long-Term Care
 1465  Ombudsman Program or local ombudsman council if the resident has
 1466  a complaint against the facility; or to bring legal action on
 1467  behalf of the resident pursuant to s. 429.29.
 1468         (22)(21) “Service plan” means a written plan, developed and
 1469  agreed upon by the resident and, if applicable, the resident’s
 1470  representative or designee or the resident’s surrogate,
 1471  guardian, or attorney in fact, if any, and the administrator or
 1472  designee representing the facility, which addresses the unique
 1473  physical and psychosocial needs, abilities, and personal
 1474  preferences of each resident receiving extended congregate care
 1475  services. The plan shall include a brief written description, in
 1476  easily understood language, of what services shall be provided,
 1477  who shall provide the services, when the services shall be
 1478  rendered, and the purposes and benefits of the services.
 1479         (23)(22) “Shared responsibility” means exploring the
 1480  options available to a resident within a facility and the risks
 1481  involved with each option when making decisions pertaining to
 1482  the resident’s abilities, preferences, and service needs,
 1483  thereby enabling the resident and, if applicable, the resident’s
 1484  representative or designee, or the resident’s surrogate,
 1485  guardian, or attorney in fact, and the facility to develop a
 1486  service plan which best meets the resident’s needs and seeks to
 1487  improve the resident’s quality of life.
 1488         (24)(23) “Supervision” means reminding residents to engage
 1489  in activities of daily living and the self-administration of
 1490  medication, and, when necessary, observing or providing verbal
 1491  cuing to residents while they perform these activities.
 1492         (25)(24) “Supplemental security income,” Title XVI of the
 1493  Social Security Act, means a program through which the Federal
 1494  Government guarantees a minimum monthly income to every person
 1495  who is age 65 or older, or disabled, or blind and meets the
 1496  income and asset requirements.
 1497         (26)(25) “Supportive services” means services designed to
 1498  encourage and assist aged persons or adults with disabilities to
 1499  remain in the least restrictive living environment and to
 1500  maintain their independence as long as possible.
 1501         (27)(26) “Twenty-four-hour nursing supervision” means
 1502  services that are ordered by a physician for a resident whose
 1503  condition requires the supervision of a physician and continued
 1504  monitoring of vital signs and physical status. Such services
 1505  shall be: medically complex enough to require constant
 1506  supervision, assessment, planning, or intervention by a nurse;
 1507  required to be performed by or under the direct supervision of
 1508  licensed nursing personnel or other professional personnel for
 1509  safe and effective performance; required on a daily basis; and
 1510  consistent with the nature and severity of the resident’s
 1511  condition or the disease state or stage.
 1512         Section 34. Subsection (9) of section 429.19, Florida
 1513  Statutes, is amended to read:
 1514         429.19 Violations; imposition of administrative fines;
 1515  grounds.—
 1516         (9) The agency shall develop and disseminate an annual list
 1517  of all facilities sanctioned or fined for violations of state
 1518  standards, the number and class of violations involved, the
 1519  penalties imposed, and the current status of cases. The list
 1520  shall be disseminated, at no charge, to the Department of
 1521  Elderly Affairs, the Department of Health, the Department of
 1522  Children and Families, the Agency for Persons with Disabilities,
 1523  the area agencies on aging, the Florida Statewide Advocacy
 1524  Council, and the State Long-Term Care Ombudsman Program and
 1525  state and local ombudsman councils. The Department of Children
 1526  and Families shall disseminate the list to service providers
 1527  under contract to the department who are responsible for
 1528  referring persons to a facility for residency. The agency may
 1529  charge a fee commensurate with the cost of printing and postage
 1530  to other interested parties requesting a copy of this list. This
 1531  information may be provided electronically or through the
 1532  agency’s Internet site.
 1533         Section 35. Subsection (8) of section 429.26, Florida
 1534  Statutes, is amended to read:
 1535         429.26 Appropriateness of placements; examinations of
 1536  residents.—
 1537         (8) The Department of Children and Families may require an
 1538  examination for supplemental security income and optional state
 1539  supplementation recipients residing in facilities at any time
 1540  and shall provide the examination whenever a resident’s
 1541  condition requires it. Any facility administrator; personnel of
 1542  the agency, the department, or the Department of Children and
 1543  Families; or a representative of the State Long-Term Care
 1544  Ombudsman Program long-term care ombudsman council member who
 1545  believes a resident needs to be evaluated shall notify the
 1546  resident’s case manager, who shall take appropriate action. A
 1547  report of the examination findings shall be provided to the
 1548  resident’s case manager and the facility administrator to help
 1549  the administrator meet his or her responsibilities under
 1550  subsection (1).
 1551         Section 36. Subsection (2) and paragraph (b) of subsection
 1552  (3) of section 429.28, Florida Statutes, are amended to read:
 1553         429.28 Resident bill of rights.—
 1554         (2) The administrator of a facility shall ensure that a
 1555  written notice of the rights, obligations, and prohibitions set
 1556  forth in this part is posted in a prominent place in each
 1557  facility and read or explained to residents who cannot read.
 1558  This notice must shall include the statewide toll-free telephone
 1559  number and e-mail address of the State Long-Term Care Ombudsman
 1560  Program and the telephone number of name, address, and telephone
 1561  numbers of the local ombudsman council and the Elder Abuse
 1562  Hotline operated by the Department of Children and Families
 1563  central abuse hotline and, when applicable, the Advocacy Center
 1564  for Persons with Disabilities, Inc., and the Florida local
 1565  advocacy council, where complaints may be lodged. The facility
 1566  must ensure a resident’s access to a telephone to call the State
 1567  Long Term Care Ombudsman Program or local ombudsman council, the
 1568  Elder Abuse Hotline operated by the Department of Children and
 1569  Families central abuse hotline, Advocacy Center for Persons with
 1570  Disabilities, Inc., and the Florida local advocacy council.
 1571         (3)
 1572         (b) In order to determine whether the facility is
 1573  adequately protecting residents’ rights, the biennial survey
 1574  shall include private informal conversations with a sample of
 1575  residents and consultation with the ombudsman council in the
 1576  district planning and service area in which the facility is
 1577  located to discuss residents’ experiences within the facility.
 1578         Section 37. Section 429.34, Florida Statutes, is amended to
 1579  read:
 1580         429.34 Right of entry and inspection.—In addition to the
 1581  requirements of s. 408.811, a any duly designated officer or
 1582  employee of the department, the Department of Children and
 1583  Families, the Medicaid Fraud Control Unit of the Office of the
 1584  Attorney General, the state or local fire marshal, or a
 1585  representative of the State Long-Term Care Ombudsman Program or
 1586  a member of the state or local long-term care ombudsman council
 1587  may shall have the right to enter unannounced upon and into the
 1588  premises of any facility licensed under pursuant to this part in
 1589  order to determine the state of compliance with the provisions
 1590  of this part, part II of chapter 408, and applicable rules. Data
 1591  collected by the State Long-Term Care Ombudsman Program, state
 1592  or local long-term care ombudsman councils or the state or local
 1593  advocacy councils may be used by the agency in investigations
 1594  involving violations of regulatory standards.
 1595         Section 38. Subsection (2) of section 429.35, Florida
 1596  Statutes, is amended to read:
 1597         429.35 Maintenance of records; reports.—
 1598         (2) Within 60 days after the date of the biennial
 1599  inspection visit required under s. 408.811 or within 30 days
 1600  after the date of any interim visit, the agency shall forward
 1601  the results of the inspection to the local ombudsman council in
 1602  in the district whose planning and service area, as defined in
 1603  part II of chapter 400, where the facility is located; to at
 1604  least one public library or, in the absence of a public library,
 1605  the county seat in the county in which the inspected assisted
 1606  living facility is located; and, when appropriate, to the
 1607  district Adult Services and Mental Health Program Offices.
 1608         Section 39. Subsection (6) of section 429.67, Florida
 1609  Statutes, is amended to read:
 1610         429.67 Licensure.—
 1611         (6) In addition to the requirements of s. 408.811, access
 1612  to a licensed adult family-care home must be provided at
 1613  reasonable times for the appropriate officials of the
 1614  department, the Department of Health, the Department of Children
 1615  and Families, the agency, and the State Fire Marshal, who are
 1616  responsible for the development and maintenance of fire, health,
 1617  sanitary, and safety standards, to inspect the facility to
 1618  assure compliance with these standards. In addition, access to a
 1619  licensed adult family-care home must be provided at reasonable
 1620  times to representatives of the State Long Term Care Ombudsman
 1621  Program for the local long-term care ombudsman council.
 1622         Section 40. Subsection (2) of section 429.85, Florida
 1623  Statutes, is amended to read:
 1624         429.85 Residents’ bill of rights.—
 1625         (2) The provider shall ensure that residents and their
 1626  legal representatives are made aware of the rights, obligations,
 1627  and prohibitions set forth in this part. Residents must also be
 1628  given the statewide toll-free telephone number and e-mail
 1629  address of the State Long-Term Care Ombudsman Program, the
 1630  telephone number names, addresses, and telephone numbers of the
 1631  local ombudsman council and the Elder Abuse Hotline operated by
 1632  the Department of Children and Families the central abuse
 1633  hotline where they may lodge complaints.
 1634  
 1635  
 1636  
 1637  ================= T I T L E  A M E N D M E N T ================
 1638  And the title is amended as follows:
 1639         Delete everything before the enacting clause
 1640  and insert:
 1641                        A bill to be entitled                      
 1642         An act relating to the state ombudsman program;
 1643         amending s. 400.0060, F.S.; revising and defining
 1644         terms; amending s. 400.0061, F.S.; revising
 1645         legislative intent with respect to citizen ombudsmen;
 1646         deleting references to ombudsman councils and
 1647         transferring their responsibilities to representatives
 1648         of the Office of State Long-Term Care Ombudsman;
 1649         amending s. 400.0063, F.S.; revising duties of the
 1650         office; amending s. 400.0065, F.S.; revising the
 1651         purpose of the office; revising the duties and
 1652         authority of the state ombudsman; requiring the state
 1653         ombudsman to submit an annual report to the Governor,
 1654         the Legislature, and specified agencies and entities;
 1655         amending s. 400.0067, F.S.; revising duties and
 1656         membership of the State Long-Term Care Ombudsman
 1657         Council; amending s. 400.0069, F.S.; requiring the
 1658         state ombudsman to designate and direct program
 1659         districts; requiring each district to conduct
 1660         quarterly public meetings; providing duties of
 1661         representatives of the office in the districts;
 1662         revising the appointments of and qualifications for
 1663         district ombudsmen; prohibiting certain individuals
 1664         from serving as ombudsmen; amending s. 400.0070, F.S.;
 1665         providing conditions under which a representative of
 1666         the office could be found to have a conflict of
 1667         interest; requiring the Department of Elderly Affairs,
 1668         in consultation with the state ombudsman, to define by
 1669         rule what constitutes a conflict of interest; amending
 1670         s. 400.0071, F.S.; requiring the Department of Elderly
 1671         Affairs to consult with the state ombudsman to adopt
 1672         rules pertaining to complaint procedures; amending s.
 1673         400.0073, F.S.; providing procedures for investigation
 1674         of complaints; amending s. 400.0074, F.S.; revising
 1675         procedures for conducting onsite administrative
 1676         assessments; authorizing the department to adopt
 1677         rules; amending s. 400.0075, F.S.; revising complaint
 1678         notification and resolution procedures; amending s.
 1679         400.0078, F.S.; providing for a resident or
 1680         representative of a resident to receive additional
 1681         information regarding resident rights; amending s.
 1682         400.0079, F.S.; providing immunity from liability for
 1683         a representative of the office under certain
 1684         circumstances; amending s. 400.0081, F.S.; requiring
 1685         long-term care facilities to provide representatives
 1686         of the office with access to facilities, residents,
 1687         and records for certain purposes; amending s.
 1688         400.0083, F.S.; conforming provisions to changes made
 1689         by the act; amending s. 400.0087, F.S.; providing for
 1690         the office to coordinate ombudsman services with
 1691         Disability Rights Florida; amending s. 400.0089, F.S.;
 1692         conforming provisions to changes made by the act;
 1693         amending s. 400.0091, F.S.; revising training
 1694         requirements for representatives of the office and
 1695         ombudsmen; amending ss. 20.41, 400.021, 400.022,
 1696         400.0255, 400.162, 400.19, 400.191, and 400.23, F.S.;
 1697         conforming provisions to changes made by the act;
 1698         amending s. 400.235, F.S.; conforming provisions to
 1699         changes made by the act; revising the additional
 1700         criteria for recognition as a Gold Seal Program
 1701         facility; amending ss. 415.102, 415.1034, 415.104,
 1702         415.1055, 415.106, 415.107, 429.02, 429.19, 429.26,
 1703         429.28, 429.34, 429.35, 429.67, and 429.85, F.S.;
 1704         conforming provisions to changes made by the act;
 1705         providing an effective date.