Florida Senate - 2015                   (PROPOSED BILL) SPB 7018
       
       
        
       FOR CONSIDERATION By the Committee on Children, Families, and
       Elder Affairs
       
       
       
       
       586-01400-15                                          20157018pb
    1                        A bill to be entitled                      
    2         An act relating to the state ombudsman program;
    3         amending s. 400.0060, F.S.; revising and providing
    4         definitions; amending s. 400.0061, F.S.; revising
    5         legislative intent with respect to citizen ombudsmen;
    6         deleting references to ombudsman councils and
    7         transferring their responsibilities to representatives
    8         of the Office of State Long-Term Care Ombudsman;
    9         amending s. 400.0063, F.S.; revising duties of the
   10         office; amending s. 400.0065, F.S.; revising the
   11         purpose of the office; revising the duties and
   12         authority of the state ombudsman; requiring the state
   13         ombudsman to submit an annual report to the Governor,
   14         the Legislature, and specified agencies and entities;
   15         amending s. 400.0067, F.S.; revising duties and
   16         membership of the State Long-Term Care Ombudsman
   17         Council; amending s. 400.0069, F.S.; requiring the
   18         state ombudsman to designate and direct program
   19         districts; requiring each district to conduct
   20         quarterly public meetings; providing duties of
   21         representatives of the office in the districts;
   22         revising the appointments of and qualifications for
   23         district ombudsmen; prohibiting certain individuals
   24         from serving as ombudsmen; amending s. 400.0070, F.S.;
   25         providing conditions under which a representative of
   26         the office could be found to have a conflict of
   27         interest; requiring the Department of Elderly Affairs,
   28         in consultation with the state ombudsman, to define by
   29         rule what constitutes a conflict of interest; amending
   30         s. 400.0071, F.S.; requiring the Department of Elderly
   31         Affairs to consult with the state ombudsman to adopt
   32         rules pertaining to complaint procedures; amending s.
   33         400.0073, F.S.; providing procedures for investigation
   34         of complaints; amending s. 400.0074, F.S.; revising
   35         procedures for conducting onsite administrative
   36         assessments; authorizing the department to adopt
   37         rules; amending s. 400.0075, F.S.; revising complaint
   38         notification and resolution procedures; amending s.
   39         400.0078, F.S.; providing for a resident or
   40         representative of a resident to receive additional
   41         information regarding resident rights; amending s.
   42         400.0079, F.S.; providing immunity from liability for
   43         a representative of the office under certain
   44         circumstances; amending s. 400.0081, F.S.; requiring
   45         long-term care facilities to provide representatives
   46         of the office with access to facilities, residents,
   47         and records for certain purposes; amending s.
   48         400.0083, F.S.; conforming provisions to changes made
   49         by the act; amending s. 400.0087, F.S.; providing for
   50         the office to coordinate ombudsman services with
   51         Disability Rights Florida; amending s. 400.0089, F.S.;
   52         conforming provisions to changes made by the act;
   53         amending s. 400.0091, F.S.; revising training
   54         requirements for representatives of the office and
   55         ombudsmen; amending ss. 20.41, 400.021, 400.022,
   56         400.0255, 400.1413, 400.162, 400.19, 400.191, and
   57         400.23, F.S.; conforming provisions to changes made by
   58         the act; amending s. 400.235, F.S.; conforming
   59         provisions to changes made by the act; revising the
   60         additional criteria for recognition as a Gold Seal
   61         Program facility; amending ss. 415.102, 415.1034,
   62         415.104, 415.1055, 415.106, 415.107, 429.02, 429.07,
   63         429.19, 429.26, 429.28, 429.34, 429.35, 429.67,
   64         429.85, and 744.444, F.S.; conforming provisions to
   65         changes made by the act; providing an effective date.
   66          
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Section 400.0060, Florida Statutes, is amended
   70  to read:
   71         400.0060 Definitions.—When used in this part, unless the
   72  context clearly dictates otherwise, the term:
   73         (1) “Administrative assessment” means a review of
   74  conditions in a long-term care facility which impact the rights,
   75  health, safety, and welfare of residents with the purpose of
   76  noting needed improvement and making recommendations to enhance
   77  the quality of life for residents.
   78         (2) “Agency” means the Agency for Health Care
   79  Administration.
   80         (3) “Department” means the Department of Elderly Affairs.
   81         (4) “District” means a geographical area designated by the
   82  state ombudsman in which individuals certified as ombudsmen
   83  carry out the duties of the state ombudsman program. A district
   84  may have more than one local council of ombudsmen.
   85         (5) “Local council” means a local long-term care ombudsman
   86  council designated by the ombudsman pursuant to s. 400.0069.
   87  Local councils are also known as district long-term care
   88  ombudsman councils or district councils.
   89         (6)(5) “Long-term care facility” means a nursing home
   90  facility, assisted living facility, adult family-care home,
   91  board and care facility, facility in which continuing long-term
   92  care is provided, or any other similar residential adult care
   93  facility.
   94         (7)(6) “Office” means the Office of State Long-Term Care
   95  Ombudsman created by s. 400.0063.
   96         (8)(7) “Ombudsman” means an individual who has been
   97  certified by the state ombudsman as meeting the requirements of
   98  ss. 400.0069, 400.0070, and 400.0091 the individual appointed by
   99  the Secretary of Elderly Affairs to head the Office of State
  100  Long-Term Care Ombudsman.
  101         (9) “Representative of the office” means the state
  102  ombudsman, an employee of the office, or an individual certified
  103  as an ombudsman serving on a local council.
  104         (10)(8) “Resident” means an individual 18 60 years of age
  105  or older who resides in a long-term care facility.
  106         (11)(9) “Secretary” means the Secretary of Elderly Affairs.
  107         (12)(10) “State council” means the State Long-Term Care
  108  Ombudsman Council created by s. 400.0067.
  109         (13) “State ombudsman” means the individual appointed by
  110  the Secretary of Elderly Affairs to head the Office of State
  111  Long-Term Care Ombudsman.
  112         (14) “State ombudsman program” means the program operating
  113  under the direction of the office.
  114         Section 2. Section 400.0061, Florida Statutes, is amended
  115  to read:
  116         400.0061 Legislative findings and intent; long-term care
  117  facilities.—
  118         (1) The Legislature finds that conditions in long-term care
  119  facilities in this state are such that the rights, health,
  120  safety, and welfare of residents are not fully ensured by rules
  121  of the Department of Elderly Affairs or the Agency for Health
  122  Care Administration or by the good faith of owners or operators
  123  of long-term care facilities. Furthermore, there is a need for a
  124  formal mechanism whereby a long-term care facility resident, a
  125  representative of a long-term care facility resident, or any
  126  other concerned citizen may make a complaint against the
  127  facility or its employees, or against other persons who are in a
  128  position to restrict, interfere with, or threaten the rights,
  129  health, safety, or welfare of a long-term care facility
  130  resident. The Legislature finds that concerned citizens are
  131  often more effective advocates for the rights of others than
  132  governmental agencies. The Legislature further finds that in
  133  order to be eligible to receive an allotment of funds authorized
  134  and appropriated under the federal Older Americans Act, the
  135  state must establish and operate an Office of State Long-Term
  136  Care Ombudsman, to be headed by the state Long-Term Care
  137  ombudsman, and carry out a state long-term care ombudsman
  138  program.
  139         (2) It is the intent of the Legislature, therefore, to use
  140  utilize voluntary citizen ombudsmen ombudsman councils under the
  141  leadership of the state ombudsman, and, through them, to operate
  142  a state an ombudsman program, which shall, without interference
  143  by any executive agency, undertake to discover, investigate, and
  144  determine the presence of conditions or individuals who which
  145  constitute a threat to the rights, health, safety, or welfare of
  146  the residents of long-term care facilities. To ensure that the
  147  effectiveness and efficiency of such investigations are not
  148  impeded by advance notice or delay, the Legislature intends that
  149  representatives of the office ombudsman and ombudsman councils
  150  and their designated representatives not be required to obtain
  151  warrants in order to enter into or conduct investigations or
  152  onsite administrative assessments of long-term care facilities.
  153  It is the further intent of the Legislature that the environment
  154  in long-term care facilities be conducive to the dignity and
  155  independence of residents and that investigations by
  156  representatives of the office ombudsman councils shall further
  157  the enforcement of laws, rules, and regulations that safeguard
  158  the health, safety, and welfare of residents.
  159         Section 3. Section 400.0063, Florida Statutes, is amended
  160  to read:
  161         400.0063 Establishment of Office of State Long-Term Care
  162  Ombudsman; designation of ombudsman and legal advocate.—
  163         (1) There is created an Office of State Long-Term Care
  164  Ombudsman in the Department of Elderly Affairs.
  165         (2)(a) The Office of State Long-Term Care Ombudsman shall
  166  be headed by the state Long-Term Care ombudsman, who shall serve
  167  on a full-time basis and shall personally, or through
  168  representatives of the office, carry out the purposes and
  169  functions of the state ombudsman program office in accordance
  170  with state and federal law.
  171         (b) The state ombudsman shall be appointed by and shall
  172  serve at the pleasure of the Secretary of Elderly Affairs. The
  173  secretary shall appoint a person who has expertise and
  174  experience in the fields of long-term care and advocacy to serve
  175  as state ombudsman.
  176         (3)(a) There is created in the office the position of legal
  177  advocate, who shall be selected by and serve at the pleasure of
  178  the state ombudsman and shall be a member in good standing of
  179  The Florida Bar.
  180         (b) The duties of the legal advocate shall include, but not
  181  be limited to:
  182         1. Assisting the state ombudsman in carrying out the duties
  183  of the office with respect to the abuse, neglect, exploitation,
  184  or violation of rights of residents of long-term care
  185  facilities.
  186         2. Assisting the state council, representatives of the
  187  office, and local councils in carrying out their
  188  responsibilities under this part.
  189         3. Pursuing administrative, legal, and other appropriate
  190  remedies on behalf of residents.
  191         4. Serving as legal counsel to the state council,
  192  representatives of the office, and local councils, or individual
  193  members thereof, against whom any suit or other legal action
  194  that is initiated in connection with the performance of the
  195  official duties of the state ombudsman program councils or an
  196  individual member.
  197         Section 4. Section 400.0065, Florida Statutes, is amended
  198  to read:
  199         400.0065 Office of State Long-Term Care Ombudsman; duties
  200  and responsibilities.—
  201         (1) The purpose of the Office of State Long-Term Care
  202  Ombudsman is shall be to:
  203         (a) Identify, investigate, and resolve complaints made by
  204  or on behalf of residents of long-term care facilities relating
  205  to actions or omissions by providers or representatives of
  206  providers of long-term care services, other public or private
  207  agencies, guardians, or representative payees that may adversely
  208  affect the health, safety, welfare, or rights of the residents.
  209         (b) Provide services that assist in protecting the health,
  210  safety, welfare, and rights of residents.
  211         (c) Inform residents, their representatives, and other
  212  citizens about obtaining the services of the state Long-Term
  213  Care ombudsman program and its representatives.
  214         (d) Ensure that residents have regular and timely access to
  215  the services provided through the office and that residents and
  216  complainants receive timely responses from representatives of
  217  the office to their complaints.
  218         (e) Represent the interests of residents before
  219  governmental agencies and seek administrative, legal, and other
  220  remedies to protect the health, safety, welfare, and rights of
  221  the residents.
  222         (f) Administer the state council and local councils.
  223         (g) Analyze, comment on, and monitor the development and
  224  implementation of federal, state, and local laws, rules, and
  225  regulations, and other governmental policies and actions, that
  226  pertain to the health, safety, welfare, and rights of the
  227  residents, with respect to the adequacy of long-term care
  228  facilities and services in the state, and recommend any changes
  229  in such laws, rules, regulations, policies, and actions as the
  230  office determines to be appropriate and necessary.
  231         (h) Provide technical support for the development of
  232  resident and family councils to protect the well-being and
  233  rights of residents.
  234         (2) The state Long-Term Care ombudsman has shall have the
  235  duty and authority to:
  236         (a) Establish and coordinate districts and local councils
  237  throughout the state.
  238         (b) Perform the duties specified in state and federal law,
  239  rules, and regulations.
  240         (c) Within the limits of appropriated federal and state
  241  funding, employ such personnel as are necessary to perform
  242  adequately the functions of the office and provide or contract
  243  for legal services to assist the state council, representatives
  244  of the office, and local councils in the performance of their
  245  duties. Staff positions established for the purpose of
  246  coordinating the activities of each local council and assisting
  247  its members may be filled by the ombudsman after approval by the
  248  secretary. Notwithstanding any other provision of this part,
  249  upon certification by the ombudsman that the staff member hired
  250  to fill any such position has completed the initial training
  251  required under s. 400.0091, such person shall be considered a
  252  representative of the State Long-Term Care Ombudsman Program for
  253  purposes of this part.
  254         (d) Contract for services necessary to carry out the
  255  activities of the office.
  256         (e) Apply for, receive, and accept grants, gifts, or other
  257  payments, including, but not limited to, real property, personal
  258  property, and services from a governmental entity or other
  259  public or private entity or person, and make arrangements for
  260  the use of such grants, gifts, or payments.
  261         (f) Coordinate, to the greatest extent possible, state and
  262  local ombudsman services with the protection and advocacy
  263  systems for individuals with developmental disabilities and
  264  mental illnesses and with legal assistance programs for the poor
  265  through adoption of memoranda of understanding and other means.
  266         (g) Enter into a cooperative agreement with the Statewide
  267  Advocacy Council for the purpose of coordinating and avoiding
  268  duplication of advocacy services provided to residents.
  269         (g)(h) Enter into a cooperative agreement with the Medicaid
  270  Fraud Division as prescribed under s. 731(e)(2)(B) of the Older
  271  Americans Act.
  272         (h)(i) Prepare an annual report describing the activities
  273  carried out by the office, the state council, and the districts
  274  local councils in the year for which the report is prepared. The
  275  state ombudsman shall submit the report to the secretary, the
  276  United States Assistant Secretary for Aging, the Governor, the
  277  President of the Senate, the Speaker of the House of
  278  Representatives, the Secretary of Children and Families, and the
  279  Secretary of Health Care Administration at least 30 days before
  280  the convening of the regular session of the Legislature. The
  281  secretary shall in turn submit the report to the United States
  282  Assistant Secretary for Aging, the Governor, the President of
  283  the Senate, the Speaker of the House of Representatives, the
  284  Secretary of Children and Families, and the Secretary of Health
  285  Care Administration. The report must shall, at a minimum:
  286         1. Contain and analyze data collected concerning complaints
  287  about and conditions in long-term care facilities and the
  288  disposition of such complaints.
  289         2. Evaluate the problems experienced by residents.
  290         3. Analyze the successes of the state ombudsman program
  291  during the preceding year, including an assessment of how
  292  successfully the office program has carried out its
  293  responsibilities under the Older Americans Act.
  294         4. Provide recommendations for policy, regulatory, and
  295  statutory changes designed to solve identified problems; resolve
  296  residents’ complaints; improve residents’ lives and quality of
  297  care; protect residents’ rights, health, safety, and welfare;
  298  and remove any barriers to the optimal operation of the state
  299  Long-Term Care ombudsman program.
  300         5. Contain recommendations from the state Long-Term Care
  301  Ombudsman council regarding program functions and activities and
  302  recommendations for policy, regulatory, and statutory changes
  303  designed to protect residents’ rights, health, safety, and
  304  welfare.
  305         6. Contain any relevant recommendations from
  306  representatives of the office and local councils regarding
  307  program functions and activities.
  308         Section 5. Section 400.0067, Florida Statutes, is amended
  309  to read:
  310         400.0067 State Long-Term Care Ombudsman Council; duties;
  311  membership.—
  312         (1) There is created, within the Office of State Long-Term
  313  Care Ombudsman, the State Long-Term Care Ombudsman Council.
  314         (2) The state Long-Term Care Ombudsman council shall:
  315         (a) Serve as an advisory body to assist the state ombudsman
  316  in reaching a consensus among districts local councils on issues
  317  affecting residents and impacting the optimal operation of the
  318  program.
  319         (b) Serve as an appellate body in receiving from the
  320  districts or local councils complaints not resolved at the
  321  district local level. Any individual member or members of the
  322  state council may enter any long-term care facility involved in
  323  an appeal, pursuant to the conditions specified in s.
  324  400.0074(2).
  325         (c) Assist the state ombudsman to discover, investigate,
  326  and determine the existence of abuse or neglect in any long-term
  327  care facility, and work with the adult protective services
  328  program as required in ss. 415.101-415.113.
  329         (d) Assist the state ombudsman in eliciting, receiving,
  330  responding to, and resolving complaints made by or on behalf of
  331  residents.
  332         (e) Elicit and coordinate state, district, local, and
  333  voluntary organizational assistance for the purpose of improving
  334  the care received by residents.
  335         (f) Assist the state ombudsman in preparing the annual
  336  report described in s. 400.0065.
  337         (3) The state Long-Term Care Ombudsman council consists
  338  shall be composed of one active certified ombudsman from each
  339  local council within a district member elected by each local
  340  council plus three at-large members appointed by the secretary
  341  Governor.
  342         (a) Each local council in a district must select shall
  343  elect by majority vote a representative of its choice to serve
  344  from among the council members to represent the interests of the
  345  local council on the state council. A local council chair may
  346  not serve as the representative of the local council on the
  347  state council.
  348         (b)1. The state ombudsman secretary, after consulting with
  349  the ombudsman, shall submit to the secretary Governor a list of
  350  individuals persons recommended for appointment to the at-large
  351  positions on the state council. The list may shall not include
  352  the name of any individual person who is currently serving in a
  353  district on a local council.
  354         2. The secretary Governor shall appoint three at-large
  355  members chosen from the list.
  356         3. If the secretary Governor does not appoint an at-large
  357  member to fill a vacant position within 60 days after the list
  358  is submitted, the state secretary, after consulting with the
  359  ombudsman, shall appoint an at-large member to fill that vacant
  360  position.
  361         (4)(a)(c)1.All State council members shall serve 3-year
  362  terms.
  363         2. A member of the state council may not serve more than
  364  two consecutive terms.
  365         (b)3. A district manager, in consultation with the district
  366  ombudsmen, local council may recommend replacement removal of
  367  its selected ombudsman elected representative from the state
  368  council by a majority vote. If the district manager, in
  369  consultation with the district ombudsmen, selects a replacement
  370  ombudsman, the district manager council votes to remove its
  371  representative, the local council chair shall immediately notify
  372  the state ombudsman. The secretary shall advise the Governor of
  373  the local council’s vote upon receiving notice from the
  374  ombudsman.
  375         (c)4. The position of any member missing three state
  376  council meetings within a 1-year period without cause may be
  377  declared vacant by the state ombudsman. The findings of the
  378  state ombudsman regarding cause shall be final and binding.
  379         (d)5. Any vacancy on the state council shall be filled in
  380  the same manner as the original appointment.
  381         (e)(d)1. The state council shall elect a chair to serve for
  382  a term of 1 year. A chair may not serve more than two
  383  consecutive terms.
  384         2. The chair shall select a vice chair from among the
  385  members. The vice chair shall preside over the state council in
  386  the absence of the chair.
  387         3. The chair may create additional executive positions as
  388  necessary to carry out the duties of the state council. Any
  389  person appointed to an executive position shall serve at the
  390  pleasure of the chair, and his or her term shall expire on the
  391  same day as the term of the chair.
  392         4. A chair may be immediately removed from office before
  393  prior to the expiration of his or her term by a vote of two
  394  thirds of all state council members present at any meeting at
  395  which a quorum is present. If a chair is removed from office
  396  before prior to the expiration of his or her term, a replacement
  397  chair shall be chosen during the same meeting in the same manner
  398  as described in this paragraph, and the term of the replacement
  399  chair shall begin immediately. The replacement chair shall serve
  400  for the remainder of the term and is eligible to serve two
  401  subsequent consecutive terms.
  402         (f)(e)1. The state council shall meet upon the call of the
  403  chair or upon the call of the state ombudsman. The state council
  404  shall meet at least quarterly but may meet more frequently as
  405  needed.
  406         2. A quorum shall be considered present if more than 50
  407  percent of all active state council members are in attendance at
  408  the same meeting.
  409         3. The state council may not vote on or otherwise make any
  410  decisions resulting in a recommendation that will directly
  411  impact the state council, the district, or the any local
  412  council, outside of a publicly noticed meeting at which a quorum
  413  is present.
  414         (g)(f) Members may not shall receive no compensation for
  415  attendance at state council meetings but shall, with approval
  416  from the state ombudsman, be reimbursed for per diem and travel
  417  expenses as provided in s. 112.061.
  418         Section 6. Section 400.0069, Florida Statutes, is amended
  419  to read:
  420         400.0069 Local Long-term care ombudsman districts councils;
  421  duties; appointment membership.—
  422         (1)(a) The state ombudsman shall designate districts local
  423  long-term care ombudsman councils to carry out the duties of the
  424  state Long-Term Care ombudsman program within local communities.
  425  Each district local council shall function under the direction
  426  of the state ombudsman.
  427         (b) The state ombudsman shall ensure that there are
  428  representatives of the office and is at least one local council
  429  operating in each district of the department’s planning and
  430  service areas. The ombudsman may create additional local
  431  councils as necessary to ensure that residents throughout the
  432  state have adequate access to state Long-Term Care ombudsman
  433  program services. The ombudsman, after approval from the
  434  secretary, shall designate the jurisdictional boundaries of each
  435  local council.
  436         (c) Each district shall convene a public meeting every
  437  quarter.
  438         (2) The duties of the representatives of the office in the
  439  districts and the members of the local councils are to:
  440         (a) Provide services to assist in Serve as a third-party
  441  mechanism for protecting the health, safety, welfare, and civil
  442  and human rights of residents.
  443         (b) Discover, investigate, and determine the existence of
  444  abuse, or neglect, or exploitation using in any long-term care
  445  facility and to use the procedures provided for in ss. 415.101
  446  415.113 when applicable.
  447         (c) Identify Elicit, receive, investigate, respond to, and
  448  resolve complaints made by or on behalf of residents relating to
  449  actions or omissions by providers or representatives of
  450  providers of long-term care services, other public agencies,
  451  guardians, or representative payees which may adversely affect
  452  the health, safety, welfare, or rights of residents.
  453         (d) Review and, if necessary, comment on all existing or
  454  proposed rules, regulations, and other governmental policies and
  455  actions relating to long-term care facilities that may
  456  potentially have an effect on the rights, health, safety,
  457  welfare, and rights welfare of residents.
  458         (e) Review personal property and money accounts of
  459  residents who are receiving assistance under the Medicaid
  460  program pursuant to an investigation to obtain information
  461  regarding a specific complaint or problem.
  462         (f) Recommend that the state ombudsman and the legal
  463  advocate seek administrative, legal, and other remedies to
  464  protect the health, safety, welfare, and rights of the
  465  residents.
  466         (g) Provide technical assistance for the development of
  467  resident and family councils within long-term care facilities.
  468         (h)(g) Carry out other activities that the state ombudsman
  469  determines to be appropriate.
  470         (3) In order to carry out the duties specified in
  471  subsection (2), a representative of the office or a member of a
  472  local council is authorized to enter any long-term care facility
  473  without notice or without first obtaining a warrant; however,
  474  subject to the provisions of s. 400.0074(2) may apply regarding
  475  notice of a followup administrative assessment.
  476         (4) Each district and local council shall be composed of
  477  ombudsmen members whose primary residences are residence is
  478  located within the boundaries of the district local council’s
  479  jurisdiction.
  480         (a) Upon good cause shown, the state ombudsman may appoint
  481  an ombudsman to another district. The ombudsman shall strive to
  482  ensure that each local council include the following persons as
  483  members:
  484         1. At least one medical or osteopathic physician whose
  485  practice includes or has included a substantial number of
  486  geriatric patients and who may practice in a long-term care
  487  facility;
  488         2. At least one registered nurse who has geriatric
  489  experience;
  490         3. At least one licensed pharmacist;
  491         4. At least one registered dietitian;
  492         5. At least six nursing home residents or representative
  493  consumer advocates for nursing home residents;
  494         6. At least three residents of assisted living facilities
  495  or adult family-care homes or three representative consumer
  496  advocates for alternative long-term care facility residents;
  497         7. At least one attorney; and
  498         8. At least one professional social worker.
  499         (b) The following individuals may not be appointed as
  500  ombudsmen:
  501         1. The owner or representative of a long-term care
  502  facility.
  503         2. A provider or representative of a provider of long-term
  504  care service.
  505         3. An employee of the agency.
  506         4. An employee of the department, except for a
  507  representative of the office.
  508         5. An employee of the Department of Children and Families.
  509         6. An employee of the Agency for Persons with Disabilities
  510  In no case shall the medical director of a long-term care
  511  facility or an employee of the agency, the department, the
  512  Department of Children and Families, or the Agency for Persons
  513  with Disabilities serve as a member or as an ex officio member
  514  of a council.
  515         (5)(a) To be appointed as an ombudsman, an individual must:
  516         1.Individuals wishing to join a local council shall Submit
  517  an application to the state ombudsman or his or her designee.
  518         2. Successfully complete level 2 background screening
  519  pursuant to s. 430.0402 and chapter 435 The ombudsman shall
  520  review the individual’s application and advise the secretary of
  521  his or her recommendation for approval or disapproval of the
  522  candidate’s membership on the local council. If the secretary
  523  approves of the individual’s membership, the individual shall be
  524  appointed as a member of the local council.
  525         (b) The state ombudsman shall approve or deny the
  526  appointment of the individual as an ombudsman The secretary may
  527  rescind the ombudsman’s approval of a member on a local council
  528  at any time. If the secretary rescinds the approval of a member
  529  on a local council, the ombudsman shall ensure that the
  530  individual is immediately removed from the local council on
  531  which he or she serves and the individual may no longer
  532  represent the State Long-Term Care Ombudsman Program until the
  533  secretary provides his or her approval.
  534         (c) Upon appointment as an ombudsman, the individual may
  535  participate in district activities but may not represent the
  536  office or conduct any authorized program duties until the
  537  individual has completed the initial training specified in s.
  538  400.0091(1) and has been certified by the state ombudsman.
  539         (d) The state ombudsman may rescind the appointment of an
  540  individual as an ombudsman for good cause shown, such as
  541  development of a conflict of interest, failure to adhere to the
  542  policies and procedures established by the office, or
  543  demonstrated inability to carry out the responsibilities of the
  544  office. After the appointment is rescinded, the individual may
  545  not conduct any duties as an ombudsman and may not represent the
  546  office or the state ombudsman program A local council may
  547  recommend the removal of one or more of its members by
  548  submitting to the ombudsman a resolution adopted by a two-thirds
  549  vote of the members of the council stating the name of the
  550  member or members recommended for removal and the reasons for
  551  the recommendation. If such a recommendation is adopted by a
  552  local council, the local council chair or district coordinator
  553  shall immediately report the council’s recommendation to the
  554  ombudsman. The ombudsman shall review the recommendation of the
  555  local council and advise the secretary of his or her
  556  recommendation regarding removal of the council member or
  557  members.
  558         (6)(a) Each local council shall elect a chair for a term of
  559  1 year. There shall be no limitation on the number of terms that
  560  an approved member of a local council may serve as chair.
  561         (b) The chair shall select a vice chair from among the
  562  members of the council. The vice chair shall preside over the
  563  council in the absence of the chair.
  564         (c) The chair may create additional executive positions as
  565  necessary to carry out the duties of the local council. Any
  566  person appointed to an executive position shall serve at the
  567  pleasure of the chair, and his or her term shall expire on the
  568  same day as the term of the chair.
  569         (d) A chair may be immediately removed from office prior to
  570  the expiration of his or her term by a vote of two-thirds of the
  571  members of the local council. If any chair is removed from
  572  office before prior to the expiration of his or her term, a
  573  replacement chair shall be elected during the same meeting, and
  574  the term of the replacement chair shall begin immediately. The
  575  replacement chair shall serve for the remainder of the term of
  576  the person he or she replaced.
  577         (7) Each local council shall meet upon the call of its
  578  chair or upon the call of the ombudsman. Each local council
  579  shall meet at least once a month but may meet more frequently if
  580  necessary.
  581         (8) An ombudsman may not A member of a local council shall
  582  receive no compensation but shall, with approval from the state
  583  ombudsman, be reimbursed for travel expenses both within and
  584  outside the jurisdiction of the local council in accordance with
  585  the provisions of s. 112.061.
  586         (9) A representative of the office may The local councils
  587  are authorized to call upon appropriate state agencies of state
  588  government for such professional assistance as may be needed in
  589  the discharge of his or her their duties, and such. All state
  590  agencies shall cooperate with the local councils in providing
  591  requested information and agency representation at council
  592  meetings.
  593         Section 7. Section 400.0070, Florida Statutes, is amended
  594  to read:
  595         400.0070 Conflicts of interest.—
  596         (1) A representative of the office may The ombudsman shall
  597  not:
  598         (a) Have a direct involvement in the licensing or
  599  certification of, or an ownership or investment interest in, a
  600  long-term care facility or a provider of a long-term care
  601  service.
  602         (b) Be employed by, or participate in the management of, a
  603  long-term care facility.
  604         (c) Receive, or have a right to receive, directly or
  605  indirectly, remuneration, in cash or in kind, under a
  606  compensation agreement with the owner or operator of a long-term
  607  care facility.
  608         (2) Each representative employee of the office, each state
  609  council member, and each local council member shall certify that
  610  he or she does not have any has no conflict of interest.
  611         (3) The department, in consultation with the state
  612  ombudsman, shall define by rule:
  613         (a) Situations that constitute an individual a person
  614  having a conflict of interest which that could materially affect
  615  the objectivity or capacity of the individual a person to serve
  616  as a representative on an ombudsman council, or as an employee
  617  of the office, while carrying out the purposes of the State
  618  Long-Term Care Ombudsman Program as specified in this part.
  619         (b) The procedure by which an individual a person listed in
  620  subsection (2) shall certify that he or she does not have a has
  621  no conflict of interest.
  622         Section 8. Section 400.0071, Florida Statutes, is amended
  623  to read:
  624         400.0071 State Long-Term Care ombudsman program complaint
  625  procedures.—The department, in consultation with the state
  626  ombudsman, shall adopt rules implementing state and local
  627  complaint procedures. The rules must include procedures for
  628  receiving, investigating, identifying, and resolving complaints
  629  concerning the health, safety, welfare, and rights of residents:
  630         (1) Receiving complaints against a long-term care facility
  631  or an employee of a long-term care facility.
  632         (2) Conducting investigations of a long-term care facility
  633  or an employee of a long-term care facility subsequent to
  634  receiving a complaint.
  635         (3) Conducting onsite administrative assessments of long
  636  term care facilities.
  637         Section 9. Section 400.0073, Florida Statutes, is amended
  638  to read:
  639         400.0073 Complaint State and local ombudsman council
  640  investigations.—
  641         (1) A representative of the office local council shall
  642  identify and investigate, within a reasonable time after a
  643  complaint is made, any complaint made by or on behalf of a
  644  resident relating to actions or omissions by providers or
  645  representatives of providers of long-term care services, other
  646  public agencies, guardians, or representative payees which may
  647  adversely affect the health, safety, welfare, or rights of
  648  residents, a representative of a resident, or any other credible
  649  source based on an action or omission by an administrator, an
  650  employee, or a representative of a long-term care facility which
  651  might be:
  652         (a) Contrary to law;
  653         (b) Unreasonable, unfair, oppressive, or unnecessarily
  654  discriminatory, even though in accordance with law;
  655         (c) Based on a mistake of fact;
  656         (d) Based on improper or irrelevant grounds;
  657         (e) Unaccompanied by an adequate statement of reasons;
  658         (f) Performed in an inefficient manner; or
  659         (g) Otherwise adversely affecting the health, safety,
  660  welfare, or rights of a resident.
  661         (2) In an investigation, both the state and local councils
  662  have the authority to hold public hearings.
  663         (3) Subsequent to an appeal from a local council, the state
  664  council may investigate any complaint received by the local
  665  council involving a long-term care facility or a resident.
  666         (2)(4) If a representative of the office the ombudsman or
  667  any state or local council member is not allowed to enter a
  668  long-term care facility, the administrator of the facility shall
  669  be considered to have interfered with a representative of the
  670  office, the state council, or the local council in the
  671  performance of official duties as described in s. 400.0083(1)
  672  and to have violated committed a violation of this part. The
  673  representative of the office ombudsman shall report a facility’s
  674  refusal to allow entry to the facility to the state ombudsman or
  675  his or her designee, who shall report the incident to the
  676  agency, and the agency shall record the report and take it into
  677  consideration when determining actions allowable under s.
  678  400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
  679  429.71.
  680         Section 10. Section 400.0074, Florida Statutes, is amended
  681  to read:
  682         400.0074 Local ombudsman council Onsite administrative
  683  assessments.—
  684         (1) A representative of the office shall In addition to any
  685  specific investigation conducted pursuant to a complaint, the
  686  local council shall conduct, at least annually, an onsite
  687  administrative assessment of each nursing home, assisted living
  688  facility, and adult family-care home within its jurisdiction.
  689  This administrative assessment must be resident-centered and
  690  must shall focus on factors affecting the rights, health,
  691  safety, and welfare of the residents. Each local council is
  692  encouraged to conduct a similar onsite administrative assessment
  693  of each additional long-term care facility within its
  694  jurisdiction.
  695         (2) An onsite administrative assessment is conducted by a
  696  local council shall be subject to the following conditions:
  697         (a) To the extent possible and reasonable, the
  698  administrative assessment may assessments shall not duplicate
  699  the efforts of the agency surveys and inspections of long-term
  700  care facilities conducted by state agencies under part II of
  701  this chapter and parts I and II of chapter 429.
  702         (b) An administrative assessment shall be conducted at a
  703  time and for a duration necessary to produce the information
  704  required to complete the assessment carry out the duties of the
  705  local council.
  706         (c) Advance notice of an administrative assessment may not
  707  be provided to a long-term care facility, except that notice of
  708  followup assessments on specific problems may be provided.
  709         (d) A representative of the office local council member
  710  physically present for the administrative assessment must shall
  711  identify himself or herself to the administrator and cite the
  712  specific statutory authority for his or her assessment of the
  713  facility or his or her designee.
  714         (e) An administrative assessment may not unreasonably
  715  interfere with the programs and activities of residents.
  716         (f) A representative of the office local council member may
  717  not enter a single-family residential unit within a long-term
  718  care facility during an administrative assessment without the
  719  permission of the resident or the representative of the
  720  resident.
  721         (g) An administrative assessment shall must be conducted in
  722  a manner that does not impose an will impose no unreasonable
  723  burden on a long-term care facility.
  724         (3) Regardless of jurisdiction, the ombudsman may authorize
  725  a state or local council member to assist another local council
  726  to perform the administrative assessments described in this
  727  section.
  728         (4) An onsite administrative assessment may not be
  729  accomplished by forcible entry. However, if a representative of
  730  the office ombudsman or a state or local council member is not
  731  allowed to enter a long-term care facility, the administrator of
  732  the facility shall be considered to have interfered with a
  733  representative of the office, the state council, or the local
  734  council in the performance of official duties as described in s.
  735  400.0083(1) and to have committed a violation of this part. The
  736  representative of the office ombudsman shall report the refusal
  737  by a facility to allow entry to the state ombudsman or his or
  738  her designee, who shall then report the incident to the agency,
  739  and the agency shall record the report and take it into
  740  consideration when determining actions allowable under s.
  741  400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
  742  429.71.
  743         (4) The department, in consultation with the state
  744  ombudsman, may adopt rules implementing procedures for
  745  conducting onsite administrative assessments of long-term care
  746  facilities.
  747         Section 11. Section 400.0075, Florida Statutes, is amended
  748  to read:
  749         400.0075 Complaint notification and resolution procedures.—
  750         (1)(a) Any complaint or problem verified by a
  751  representative of the office an ombudsman council as a result of
  752  an investigation may or onsite administrative assessment, which
  753  complaint or problem is determined to require remedial action by
  754  the local council, shall be identified and brought to the
  755  attention of the long-term care facility administrator subject
  756  to the confidentiality provisions of s. 400.0077 in writing.
  757  Upon receipt of the information such document, the
  758  administrator, with the concurrence of the representative of the
  759  office local council chair, shall establish target dates for
  760  taking appropriate remedial action. If, by the target date, the
  761  remedial action is not completed or forthcoming, the
  762  representative may extend the target date if there is reason to
  763  believe such action would facilitate the resolution of the
  764  complaint, or the representative may refer the complaint to the
  765  district manager local council chair may, after obtaining
  766  approval from the ombudsman and a majority of the members of the
  767  local council:
  768         1. Extend the target date if the chair has reason to
  769  believe such action would facilitate the resolution of the
  770  complaint.
  771         2. In accordance with s. 400.0077, publicize the complaint,
  772  the recommendations of the council, and the response of the
  773  long-term care facility.
  774         3. Refer the complaint to the state council.
  775         (b) If an ombudsman determines the local council chair
  776  believes that the health, safety, welfare, or rights of a the
  777  resident are in imminent danger, the ombudsman must immediately
  778  notify the district manager. The district manager chair shall
  779  notify the ombudsman or legal advocate, who, after verifying
  780  that such imminent danger exists, must notify the appropriate
  781  state agencies, including law enforcement agencies, the state
  782  ombudsman, and the legal advocate to ensure the protection of
  783  shall seek immediate legal or administrative remedies to protect
  784  the resident.
  785         (c) If the state ombudsman or legal advocate has reason to
  786  believe that the long-term care facility or an employee of the
  787  facility has committed a criminal act, the state ombudsman or
  788  legal advocate shall provide the local law enforcement agency
  789  with the relevant information to initiate an investigation of
  790  the case.
  791         (2)(a) Upon referral from a district local council, the
  792  state ombudsman or his or her designee council shall assume the
  793  responsibility for the disposition of the complaint. If a long
  794  term care facility fails to take action to resolve or remedy the
  795  on a complaint by the state council, the state ombudsman council
  796  may, after obtaining approval from the ombudsman and a majority
  797  of the state council members:
  798         (a)1. In accordance with s. 400.0077, publicize the
  799  complaint, the recommendations of the representatives of the
  800  office local or state council, and the response of the long-term
  801  care facility.
  802         (b)2. Recommend to the department and the agency a series
  803  of facility reviews pursuant to s. 400.19, s. 429.34, or s.
  804  429.67 to ensure correction and nonrecurrence of the conditions
  805  that gave give rise to the complaint complaints against the a
  806  long-term care facility.
  807         (c)3. Recommend to the department and the agency that the
  808  long-term care facility no longer receive payments under any
  809  state assistance program, including Medicaid.
  810         (d)4. Recommend to the department and the agency that
  811  procedures be initiated for action against revocation of the
  812  long-term care facility’s license in accordance with chapter
  813  120.
  814         (b) If the state council chair believes that the health,
  815  safety, welfare, or rights of the resident are in imminent
  816  danger, the chair shall notify the ombudsman or legal advocate,
  817  who, after verifying that such imminent danger exists, shall
  818  seek immediate legal or administrative remedies to protect the
  819  resident.
  820         (3)(c) If the state ombudsman, after consultation with the
  821  legal advocate, has reason to believe that the long-term care
  822  facility or an employee of the facility has committed a criminal
  823  act, the office ombudsman shall provide the local law
  824  enforcement agency with the relevant information to initiate an
  825  investigation of the case.
  826         Section 12. Section 400.0078, Florida Statutes, is amended
  827  to read:
  828         400.0078 Citizen access to state Long-Term Care ombudsman
  829  program services.—
  830         (1) The office shall establish a statewide toll-free
  831  telephone number and e-mail address for receiving complaints
  832  concerning matters adversely affecting the health, safety,
  833  welfare, or rights of residents.
  834         (2) Every resident or representative of a resident shall
  835  receive, Upon admission to a long-term care facility, each
  836  resident or representative of a resident must receive
  837  information regarding:
  838         (a) The purpose of the state Long-Term Care ombudsman
  839  program.,
  840         (b) The statewide toll-free telephone number and e-mail
  841  address for receiving complaints., and
  842         (c) Information that retaliatory action cannot be taken
  843  against a resident for presenting grievances or for exercising
  844  any other resident rights.
  845         (d) Other relevant information regarding how to contact
  846  representatives of the office program.
  847  
  848  Residents or their representatives must be furnished additional
  849  copies of this information upon request.
  850         Section 13. Section 400.0079, Florida Statutes, is amended
  851  to read:
  852         400.0079 Immunity.—
  853         (1) Any person making a complaint pursuant to this part who
  854  does so in good faith shall be immune from any liability, civil
  855  or criminal, that otherwise might be incurred or imposed as a
  856  direct or indirect result of making the complaint.
  857         (2) Representatives of the office and The ombudsman or any
  858  person authorized by the ombudsman to act on behalf of the
  859  office, as well as all members of the state council and local
  860  councils are, shall be immune from any liability, civil or
  861  criminal, that otherwise might be incurred or imposed during the
  862  good faith performance of official duties.
  863         Section 14. Section 400.0081, Florida Statutes, is amended
  864  to read:
  865         400.0081 Access to facilities, residents, and records.—
  866         (1) A long-term care facility shall provide representatives
  867  of the office with, the state council and its members, and the
  868  local councils and their members access to:
  869         (a) Access to Any portion of the long-term care facility
  870  and residents any resident as necessary to investigate or
  871  resolve a complaint.
  872         (b) Appropriate access to medical and social records of a
  873  resident for review as necessary to investigate or resolve a
  874  complaint, if:
  875         1. The representative of the office has the permission of
  876  the resident or the legal representative of the resident; or
  877         2. The resident is unable to consent to the review and does
  878  not have a has no legal representative.
  879         (c) Access to medical and social records of a the resident
  880  as necessary to investigate or resolve a complaint, if:
  881         1. A legal representative or guardian of the resident
  882  refuses to give permission;
  883         2. A representative of the office has reasonable cause to
  884  believe that the legal representative or guardian is not acting
  885  in the best interests of the resident; and
  886         3. The representative of the office state or local council
  887  member obtains the approval of the state ombudsman.
  888         (d) Access to the administrative records, policies, and
  889  documents to which residents or the general public has have
  890  access.
  891         (e) Upon request, copies of all licensing and certification
  892  records maintained by the state with respect to a long-term care
  893  facility.
  894         (2) The department, in consultation with the state
  895  ombudsman and the state council, may adopt rules to establish
  896  procedures to ensure access to facilities, residents, and
  897  records as described in this section.
  898         Section 15. Section 400.0083, Florida Statutes, is amended
  899  to read:
  900         400.0083 Interference; retaliation; penalties.—
  901         (1) A It shall be unlawful for any person, long-term care
  902  facility, or other entity may not to willfully interfere with a
  903  representative of the office or, the state council, or a local
  904  council in the performance of official duties.
  905         (2) A It shall be unlawful for any person, long-term care
  906  facility, or other entity may not to knowingly or willfully take
  907  action or retaliate against any resident, employee, or other
  908  person for filing a complaint with, providing information to, or
  909  otherwise cooperating with any representative of the office or,
  910  the state council, or a local council.
  911         (3) A Any person, long-term care facility, or other entity
  912  that violates this section:
  913         (a) Is Shall be liable for damages and equitable relief as
  914  determined by law.
  915         (b) Commits a misdemeanor of the second degree, punishable
  916  as provided in s. 775.083.
  917         Section 16. Section 400.0087, Florida Statutes, is amended
  918  to read:
  919         400.0087 Department oversight; funding.—
  920         (1) The department shall meet the costs associated with the
  921  state Long-Term Care ombudsman program from funds appropriated
  922  to it.
  923         (a) The department shall include the costs associated with
  924  support of the state Long-Term Care ombudsman program when
  925  developing its budget requests for consideration by the Governor
  926  and submittal to the Legislature.
  927         (b) The department may divert from the federal ombudsman
  928  appropriation an amount equal to the department’s administrative
  929  cost ratio to cover the costs associated with administering the
  930  state ombudsman program. The remaining allotment from the Older
  931  Americans Act program shall be expended on direct ombudsman
  932  activities.
  933         (2) The department shall monitor the office and, the state
  934  council, and the local councils to ensure that each is carrying
  935  out the duties delegated to it by state and federal law.
  936         (3) The department is responsible for ensuring that the
  937  office:
  938         (a) Has the objectivity and independence required to
  939  qualify it for funding under the federal Older Americans Act.
  940         (b) Provides information to public and private agencies,
  941  legislators, and others.
  942         (c) Provides appropriate training to representatives of the
  943  office or of the state or local councils.
  944         (d) Coordinates ombudsman services with Disability Rights
  945  Florida the Advocacy Center for Persons with Disabilities and
  946  with providers of legal services to residents of long-term care
  947  facilities in compliance with state and federal laws.
  948         (4) The department shall also:
  949         (a) Receive and disburse state and federal funds for
  950  purposes that the state ombudsman has formulated in accordance
  951  with the Older Americans Act.
  952         (b) Whenever necessary, act as liaison between agencies and
  953  branches of the federal and state governments and the office
  954  State Long-Term Care Ombudsman Program.
  955         Section 17. Section 400.0089, Florida Statutes, is amended
  956  to read:
  957         400.0089 Complaint data reports.—The office shall maintain
  958  a statewide uniform reporting system to collect and analyze data
  959  relating to complaints and conditions in long-term care
  960  facilities and to residents for the purpose of identifying and
  961  resolving complaints significant problems. The office shall
  962  publish quarterly and make readily available information
  963  pertaining to the number and types of complaints received by the
  964  state Long-Term Care ombudsman program and shall include such
  965  information in the annual report required under s. 400.0065.
  966         Section 18. Section 400.0091, Florida Statutes, is amended
  967  to read:
  968         400.0091 Training.—The state ombudsman shall ensure that
  969  appropriate training is provided to all representatives
  970  employees of the office and to the members of the state and
  971  local councils.
  972         (1) All representatives state and local council members and
  973  employees of the office shall be given a minimum of 20 hours of
  974  training upon employment with the office or appointment as an
  975  ombudsman. Ten approval as a state or local council member and
  976  10 hours of continuing education is required annually
  977  thereafter.
  978         (2) The state ombudsman shall approve the curriculum for
  979  the initial and continuing education training, which must, at a
  980  minimum, address:
  981         (a) Resident confidentiality.
  982         (b) Guardianships and powers of attorney.
  983         (c) Medication administration.
  984         (d) Care and medication of residents with dementia and
  985  Alzheimer’s disease.
  986         (e) Accounting for residents’ funds.
  987         (f) Discharge rights and responsibilities.
  988         (g) Cultural sensitivity.
  989         (h) Any other topic related to residency in a long-term
  990  care facility recommended by the secretary.
  991         (3) An individual No employee, officer, or representative
  992  of the office or of the state or local councils, other than the
  993  state ombudsman, may not hold himself or herself out as a
  994  representative of the office State Long-Term Care Ombudsman
  995  Program or conduct any authorized program duty described in this
  996  part unless the individual person has received the training
  997  required by this section and has been certified by the state
  998  ombudsman as qualified to carry out ombudsman activities on
  999  behalf of the office or the state or local councils.
 1000         Section 19. Subsection (4) of section 20.41, Florida
 1001  Statutes, is amended to read:
 1002         20.41 Department of Elderly Affairs.—There is created a
 1003  Department of Elderly Affairs.
 1004         (4) The department shall administer the Office of State
 1005  Long-Term Care Ombudsman Council, created by s. 400.0063
 1006  400.0067, and the local long-term care ombudsman councils,
 1007  created by s. 400.0069 and shall, as required by s. 712 of the
 1008  federal Older Americans Act of 1965, ensure that both the state
 1009  office operates and local long-term care ombudsman councils
 1010  operate in compliance with the Older Americans Act.
 1011         Section 20. Subsections (14) through (19) of section
 1012  400.021, Florida Statutes, are amended to read:
 1013         400.021 Definitions.—When used in this part, unless the
 1014  context otherwise requires, the term:
 1015         (14) “Office” has the same meaning as in s. 400.0060.
 1016         (15)(14) “Planning and service area” means the geographic
 1017  area in which the Older Americans Act programs are administered
 1018  and services are delivered by the Department of Elderly Affairs.
 1019         (16) “Representative of the office” has the same meaning as
 1020  in s. 400.0060.
 1021         (17)(15) “Respite care” means admission to a nursing home
 1022  for the purpose of providing a short period of rest or relief or
 1023  emergency alternative care for the primary caregiver of an
 1024  individual receiving care at home who, without home-based care,
 1025  would otherwise require institutional care.
 1026         (18)(16) “Resident care plan” means a written plan
 1027  developed, maintained, and reviewed not less than quarterly by a
 1028  registered nurse, with participation from other facility staff
 1029  and the resident or his or her designee or legal representative,
 1030  which includes a comprehensive assessment of the needs of an
 1031  individual resident; the type and frequency of services required
 1032  to provide the necessary care for the resident to attain or
 1033  maintain the highest practicable physical, mental, and
 1034  psychosocial well-being; a listing of services provided within
 1035  or outside the facility to meet those needs; and an explanation
 1036  of service goals.
 1037         (19)(17) “Resident designee” means a person, other than the
 1038  owner, administrator, or employee of the facility, designated in
 1039  writing by a resident or a resident’s guardian, if the resident
 1040  is adjudicated incompetent, to be the resident’s representative
 1041  for a specific, limited purpose.
 1042         (20)(18) “State ombudsman program councilhas the same
 1043  meaning as in s. 400.0060 means the State Long-Term Care
 1044  Ombudsman Council established pursuant to s. 400.0067.
 1045         (21)(19) “Therapeutic spa services” means bathing, nail,
 1046  and hair care services and other similar services related to
 1047  personal hygiene.
 1048         Section 21. Paragraph (c) of subsection (1) and subsections
 1049  (2) and (3) of section 400.022, Florida Statutes, are amended to
 1050  read:
 1051         400.022 Residents’ rights.—
 1052         (1) All licensees of nursing home facilities shall adopt
 1053  and make public a statement of the rights and responsibilities
 1054  of the residents of such facilities and shall treat such
 1055  residents in accordance with the provisions of that statement.
 1056  The statement shall assure each resident the following:
 1057         (c) Any entity or individual that provides health, social,
 1058  legal, or other services to a resident has the right to have
 1059  reasonable access to the resident. The resident has the right to
 1060  deny or withdraw consent to access at any time by any entity or
 1061  individual. Notwithstanding the visiting policy of the facility,
 1062  the following individuals must be permitted immediate access to
 1063  the resident:
 1064         1. Any representative of the federal or state government,
 1065  including, but not limited to, representatives of the Department
 1066  of Children and Families, the Department of Health, the Agency
 1067  for Health Care Administration, the Office of the Attorney
 1068  General, and the Department of Elderly Affairs; any law
 1069  enforcement officer; any representative members of the office
 1070  state or local ombudsman council; and the resident’s individual
 1071  physician.
 1072         2. Subject to the resident’s right to deny or withdraw
 1073  consent, immediate family or other relatives of the resident.
 1074  
 1075  The facility must allow representatives of the office state
 1076  Long-Term Care ombudsman Council to examine a resident’s
 1077  clinical records with the permission of the resident or the
 1078  resident’s legal representative and consistent with state law.
 1079         (2) The licensee for each nursing home shall orally inform
 1080  the resident of the resident’s rights and provide a copy of the
 1081  statement required by subsection (1) to each resident or the
 1082  resident’s legal representative at or before the resident’s
 1083  admission to a facility. The licensee shall provide a copy of
 1084  the resident’s rights to each staff member of the facility. Each
 1085  such licensee shall prepare a written plan and provide
 1086  appropriate staff training to implement the provisions of this
 1087  section. The written statement of rights must include a
 1088  statement that a resident may file a complaint with the agency
 1089  or state or local ombudsman program council. The statement must
 1090  be in boldfaced type and shall include the name, address, and
 1091  telephone number and e-mail address of the state numbers of the
 1092  local ombudsman program council and the telephone number of the
 1093  central abuse hotline where complaints may be lodged.
 1094         (3) Any violation of the resident’s rights set forth in
 1095  this section constitutes shall constitute grounds for action by
 1096  the agency under the provisions of s. 400.102, s. 400.121, or
 1097  part II of chapter 408. In order to determine whether the
 1098  licensee is adequately protecting residents’ rights, the
 1099  licensure inspection of the facility must shall include private
 1100  informal conversations with a sample of residents to discuss
 1101  residents’ experiences within the facility with respect to
 1102  rights specified in this section and general compliance with
 1103  standards, and consultation with the state ombudsman program
 1104  council in the local planning and service area of the Department
 1105  of Elderly Affairs in which the nursing home is located.
 1106         Section 22. Subsections (8), (9), and (11) through (14) of
 1107  section 400.0255, Florida Statutes, are amended to read:
 1108         400.0255 Resident transfer or discharge; requirements and
 1109  procedures; hearings.—
 1110         (8) The notice required by subsection (7) must be in
 1111  writing and must contain all information required by state and
 1112  federal law, rules, or regulations applicable to Medicaid or
 1113  Medicare cases. The agency shall develop a standard document to
 1114  be used by all facilities licensed under this part for purposes
 1115  of notifying residents of a discharge or transfer. Such document
 1116  must include a means for a resident to request the office or
 1117  local long-term care ombudsman council to review the notice and
 1118  request information about or assistance with initiating a fair
 1119  hearing with the department’s Office of Appeals Hearings. In
 1120  addition to any other pertinent information included, the form
 1121  shall specify the reason allowed under federal or state law that
 1122  the resident is being discharged or transferred, with an
 1123  explanation to support this action. Further, the form must shall
 1124  state the effective date of the discharge or transfer and the
 1125  location to which the resident is being discharged or
 1126  transferred. The form must shall clearly describe the resident’s
 1127  appeal rights and the procedures for filing an appeal, including
 1128  the right to request the office or local ombudsman council to
 1129  review the notice of discharge or transfer. A copy of the notice
 1130  must be placed in the resident’s clinical record, and a copy
 1131  must be transmitted to the resident’s legal guardian or
 1132  representative and to the office local ombudsman council within
 1133  5 business days after signature by the resident or resident
 1134  designee.
 1135         (9) A resident may request that the office or local
 1136  ombudsman council review any notice of discharge or transfer
 1137  given to the resident. When requested by a resident to review a
 1138  notice of discharge or transfer, the office or local ombudsman
 1139  council shall do so within 7 days after receipt of the request.
 1140  The nursing home administrator, or the administrator’s designee,
 1141  must forward the request for review contained in the notice to
 1142  the office or local ombudsman council within 24 hours after such
 1143  request is submitted. Failure to forward the request within 24
 1144  hours after the request is submitted shall toll the running of
 1145  the 30-day advance notice period until the request has been
 1146  forwarded.
 1147         (11) Notwithstanding paragraph (10)(b), an emergency
 1148  discharge or transfer may be implemented as necessary pursuant
 1149  to state or federal law during the period of time after the
 1150  notice is given and before the time a hearing decision is
 1151  rendered. Notice of an emergency discharge or transfer to the
 1152  resident, the resident’s legal guardian or representative, and
 1153  the office or local ombudsman council if requested pursuant to
 1154  subsection (9) must be by telephone or in person. This notice
 1155  shall be given before the transfer, if possible, or as soon
 1156  thereafter as practicable. A representative of the office local
 1157  ombudsman council conducting a review under this subsection
 1158  shall do so within 24 hours after receipt of the request. The
 1159  resident’s file must be documented to show who was contacted,
 1160  whether the contact was by telephone or in person, and the date
 1161  and time of the contact. If the notice is not given in writing,
 1162  written notice meeting the requirements of subsection (8) must
 1163  be given the next working day.
 1164         (12) After receipt of any notice required under this
 1165  section, the office or local ombudsman council may request a
 1166  private informal conversation with a resident to whom the notice
 1167  is directed, and, if known, a family member or the resident’s
 1168  legal guardian or designee, to ensure that the facility is
 1169  proceeding with the discharge or transfer in accordance with the
 1170  requirements of this section. If requested, the office or local
 1171  ombudsman council shall assist the resident with filing an
 1172  appeal of the proposed discharge or transfer.
 1173         (13) The following persons must be present at all hearings
 1174  authorized under this section:
 1175         (a) The resident, or the resident’s legal representative or
 1176  designee.
 1177         (b) The facility administrator, or the facility’s legal
 1178  representative or designee.
 1179  
 1180  A representative of the office or local long-term care ombudsman
 1181  council may be present at all hearings authorized by this
 1182  section.
 1183         (14) In any hearing under this section, the following
 1184  information concerning the parties shall be confidential and
 1185  exempt from the provisions of s. 119.07(1):
 1186         (a) Names and addresses.
 1187         (b) Medical services provided.
 1188         (c) Social and economic conditions or circumstances.
 1189         (d) Evaluation of personal information.
 1190         (e) Medical data, including diagnosis and past history of
 1191  disease or disability.
 1192         (f) Any information received verifying income eligibility
 1193  and amount of medical assistance payments. Income information
 1194  received from the Social Security Administration or the Internal
 1195  Revenue Service must be safeguarded according to the
 1196  requirements of the agency that furnished the data.
 1197  
 1198  The exemption created by this subsection does not prohibit
 1199  access to such information by a representative of the office
 1200  local long-term care ombudsman council upon request, by a
 1201  reviewing court if such information is required to be part of
 1202  the record upon subsequent review, or as specified in s. 24(a),
 1203  Art. I of the State Constitution.
 1204         Section 23. Subsection (2) of section 400.1413, Florida
 1205  Statutes, is amended to read:
 1206         400.1413 Volunteers in nursing homes.—
 1207         (2) This section does not affect the activities of the
 1208  state or local long-term care ombudsman program or local
 1209  councils authorized under part I.
 1210         Section 24. Paragraph (d) of subsection (5) of section
 1211  400.162, Florida Statutes, is amended to read:
 1212         400.162 Property and personal affairs of residents.—
 1213         (5)
 1214         (d) If, at any time during the period for which a license
 1215  is issued, a licensee that has not purchased a surety bond or
 1216  entered into a self-insurance agreement, as provided in
 1217  paragraphs (b) and (c), is requested to provide safekeeping for
 1218  the personal funds of a resident, the licensee shall notify the
 1219  agency of the request and make application for a surety bond or
 1220  for participation in a self-insurance agreement within 7 days
 1221  after of the request, exclusive of weekends and holidays. Copies
 1222  of the application, along with written documentation of related
 1223  correspondence with an insurance agency or group, shall be
 1224  maintained by the licensee for review by the agency and the
 1225  office state Nursing Home and Long-Term Care Facility ombudsman
 1226  Council.
 1227         Section 25. Subsections (1) and (4) of section 400.19,
 1228  Florida Statutes, are amended to read:
 1229         400.19 Right of entry and inspection.—
 1230         (1) In accordance with part II of chapter 408, the agency
 1231  and any duly designated officer or employee thereof or a
 1232  representative member of the office state Long-Term Care
 1233  ombudsman Council or the local long-term care ombudsman council
 1234  shall have the right to enter upon and into the premises of any
 1235  facility licensed pursuant to this part, or any distinct nursing
 1236  home unit of a hospital licensed under chapter 395 or any
 1237  freestanding facility licensed under chapter 395 which that
 1238  provides extended care or other long-term care services, at any
 1239  reasonable time in order to determine the state of compliance
 1240  with the provisions of this part, part II of chapter 408, and
 1241  applicable rules in force pursuant thereto. The agency shall,
 1242  within 60 days after receipt of a complaint made by a resident
 1243  or resident’s representative, complete its investigation and
 1244  provide to the complainant its findings and resolution.
 1245         (4) The agency shall conduct unannounced onsite facility
 1246  reviews following written verification of licensee noncompliance
 1247  in instances in which the office a long-term care ombudsman
 1248  council, pursuant to ss. 400.0071 and 400.0075, has received a
 1249  complaint and has documented deficiencies in resident care or in
 1250  the physical plant of the facility that threaten the health,
 1251  safety, or security of residents, or when the agency documents
 1252  through inspection that conditions in a facility present a
 1253  direct or indirect threat to the health, safety, or security of
 1254  residents. However, the agency shall conduct unannounced onsite
 1255  reviews every 3 months of each facility while the facility has a
 1256  conditional license. Deficiencies related to physical plant do
 1257  not require followup reviews after the agency has determined
 1258  that correction of the deficiency has been accomplished and that
 1259  the correction is of the nature that continued compliance can be
 1260  reasonably expected.
 1261         Section 26. Subsection (1) of section 400.191, Florida
 1262  Statutes, is amended to read:
 1263         400.191 Availability, distribution, and posting of reports
 1264  and records.—
 1265         (1) The agency shall provide information to the public
 1266  about all of the licensed nursing home facilities operating in
 1267  the state. The agency shall, within 60 days after a licensure
 1268  inspection visit or within 30 days after any interim visit to a
 1269  facility, send copies of the inspection reports to the office
 1270  local long-term care ombudsman council, the agency’s local
 1271  office, and a public library or the county seat for the county
 1272  in which the facility is located. The agency may provide
 1273  electronic access to inspection reports as a substitute for
 1274  sending copies.
 1275         Section 27. Subsection (6) and paragraph (c) of subsection
 1276  (7) of section 400.23, Florida Statutes, are amended to read:
 1277         400.23 Rules; evaluation and deficiencies; licensure
 1278  status.—
 1279         (6) Before Prior to conducting a survey of the facility,
 1280  the survey team shall obtain a copy of the office’s local long
 1281  term care ombudsman council report on the facility. Problems
 1282  noted in the report shall be incorporated into and followed up
 1283  through the agency’s inspection process. This procedure does not
 1284  preclude the office or local long-term care ombudsman council
 1285  from requesting the agency to conduct a followup visit to the
 1286  facility.
 1287         (7) The agency shall, at least every 15 months, evaluate
 1288  all nursing home facilities and make a determination as to the
 1289  degree of compliance by each licensee with the established rules
 1290  adopted under this part as a basis for assigning a licensure
 1291  status to that facility. The agency shall base its evaluation on
 1292  the most recent inspection report, taking into consideration
 1293  findings from other official reports, surveys, interviews,
 1294  investigations, and inspections. In addition to license
 1295  categories authorized under part II of chapter 408, the agency
 1296  shall assign a licensure status of standard or conditional to
 1297  each nursing home.
 1298         (c) In evaluating the overall quality of care and services
 1299  and determining whether the facility will receive a conditional
 1300  or standard license, the agency shall consider the needs and
 1301  limitations of residents in the facility and the results of
 1302  interviews and surveys of a representative sampling of
 1303  residents, families of residents, representatives of the office
 1304  ombudsman council members in the planning and service area in
 1305  which the facility is located, guardians of residents, and staff
 1306  of the nursing home facility.
 1307         Section 28. Paragraph (a) of subsection (3), paragraph (f)
 1308  of subsection (5), and subsection (6) of section 400.235,
 1309  Florida Statutes, are amended to read:
 1310         400.235 Nursing home quality and licensure status; Gold
 1311  Seal Program.—
 1312         (3)(a) The Gold Seal Program shall be developed and
 1313  implemented by the Governor’s Panel on Excellence in Long-Term
 1314  Care which shall operate under the authority of the Executive
 1315  Office of the Governor. The panel shall be composed of three
 1316  persons appointed by the Governor, to include a consumer
 1317  advocate for senior citizens and two persons with expertise in
 1318  the fields of quality management, service delivery excellence,
 1319  or public sector accountability; three persons appointed by the
 1320  Secretary of Elderly Affairs, to include an active member of a
 1321  nursing facility family and resident care council and a member
 1322  of the University Consortium on Aging; a representative of the
 1323  Office of State Long-Term Care Ombudsman; one person appointed
 1324  by the Florida Life Care Residents Association; one person
 1325  appointed by the State Surgeon General; two persons appointed by
 1326  the Secretary of Health Care Administration; one person
 1327  appointed by the Florida Association of Homes for the Aging; and
 1328  one person appointed by the Florida Health Care Association.
 1329  Vacancies on the panel shall be filled in the same manner as the
 1330  original appointments.
 1331         (5) Facilities must meet the following additional criteria
 1332  for recognition as a Gold Seal Program facility:
 1333         (f) Evidence that verified an outstanding record regarding
 1334  the number and types of substantiated complaints reported to the
 1335  Office of State Long-Term Care Ombudsman Council within the 30
 1336  months preceding application for the program have been resolved
 1337  or, if they have not been resolved, that the facility has made a
 1338  good faith effort to resolve the complaints.
 1339  
 1340  A facility assigned a conditional licensure status may not
 1341  qualify for consideration for the Gold Seal Program until after
 1342  it has operated for 30 months with no class I or class II
 1343  deficiencies and has completed a regularly scheduled relicensure
 1344  survey.
 1345         (6) The agency, nursing facility industry organizations,
 1346  consumers, Office of State Long-Term Care Ombudsman Council, and
 1347  members of the community may recommend to the Governor
 1348  facilities that meet the established criteria for consideration
 1349  for and award of the Gold Seal. The panel shall review nominees
 1350  and make a recommendation to the Governor for final approval and
 1351  award. The decision of the Governor is final and is not subject
 1352  to appeal.
 1353         Section 29. Present subsections (18) through (28) of
 1354  section 415.102, Florida Statutes, are redesignated as
 1355  subsections (19) through (29), respectively, and a new
 1356  subsection (18) is added to that section, to read:
 1357         415.102 Definitions of terms used in ss. 415.101-415.113.
 1358  As used in ss. 415.101-415.113, the term:
 1359         (18) “Office” has the same meaning as in s. 400.0060.
 1360         Section 30. Paragraph (a) of subsection (1) of section
 1361  415.1034, Florida Statutes, is amended to read:
 1362         415.1034 Mandatory reporting of abuse, neglect, or
 1363  exploitation of vulnerable adults; mandatory reports of death.—
 1364         (1) MANDATORY REPORTING.—
 1365         (a) Any person, including, but not limited to, any:
 1366         1. Physician, osteopathic physician, medical examiner,
 1367  chiropractic physician, nurse, paramedic, emergency medical
 1368  technician, or hospital personnel engaged in the admission,
 1369  examination, care, or treatment of vulnerable adults;
 1370         2. Health professional or mental health professional other
 1371  than one listed in subparagraph 1.;
 1372         3. Practitioner who relies solely on spiritual means for
 1373  healing;
 1374         4. Nursing home staff; assisted living facility staff;
 1375  adult day care center staff; adult family-care home staff;
 1376  social worker; or other professional adult care, residential, or
 1377  institutional staff;
 1378         5. State, county, or municipal criminal justice employee or
 1379  law enforcement officer;
 1380         6. An Employee of the Department of Business and
 1381  Professional Regulation conducting inspections of public lodging
 1382  establishments under s. 509.032;
 1383         7. Florida advocacy council member or representative of the
 1384  Office of State Long-Term Care Ombudsman council member; or
 1385         8. Bank, savings and loan, or credit union officer,
 1386  trustee, or employee,
 1387  
 1388  who knows, or has reasonable cause to suspect, that a vulnerable
 1389  adult has been or is being abused, neglected, or exploited shall
 1390  immediately report such knowledge or suspicion to the central
 1391  abuse hotline.
 1392         Section 31. Subsection (1) of section 415.104, Florida
 1393  Statutes, is amended to read:
 1394         415.104 Protective investigations of cases of abuse,
 1395  neglect, or exploitation of vulnerable adults; transmittal of
 1396  records to state attorney.—
 1397         (1) The department shall, upon receipt of a report alleging
 1398  abuse, neglect, or exploitation of a vulnerable adult, begin
 1399  within 24 hours a protective investigation of the facts alleged
 1400  therein. If a caregiver refuses to allow the department to begin
 1401  a protective investigation or interferes with the conduct of
 1402  such an investigation, the appropriate law enforcement agency
 1403  shall be contacted for assistance. If, during the course of the
 1404  investigation, the department has reason to believe that the
 1405  abuse, neglect, or exploitation is perpetrated by a second
 1406  party, the appropriate law enforcement agency and state attorney
 1407  shall be orally notified. The department and the law enforcement
 1408  agency shall cooperate to allow the criminal investigation to
 1409  proceed concurrently with, and not be hindered by, the
 1410  protective investigation. The department shall make a
 1411  preliminary written report to the law enforcement agencies
 1412  within 5 working days after the oral report. The department
 1413  shall, within 24 hours after receipt of the report, notify the
 1414  appropriate Florida local advocacy council, or the office long
 1415  term care ombudsman council, when appropriate, that an alleged
 1416  abuse, neglect, or exploitation perpetrated by a second party
 1417  has occurred. Notice to the Florida local advocacy council or
 1418  the office long-term care ombudsman council may be accomplished
 1419  orally or in writing and shall include the name and location of
 1420  the vulnerable adult alleged to have been abused, neglected, or
 1421  exploited and the nature of the report.
 1422         Section 32. Subsection (8) of section 415.1055, Florida
 1423  Statutes, is amended to read:
 1424         415.1055 Notification to administrative entities.—
 1425         (8) At the conclusion of a protective investigation at a
 1426  facility, the department shall notify either the Florida local
 1427  advocacy council or the office long-term care ombudsman council
 1428  of the results of the investigation. This notification must be
 1429  in writing.
 1430         Section 33. Subsection (2) of section 415.106, Florida
 1431  Statutes, is amended to read:
 1432         415.106 Cooperation by the department and criminal justice
 1433  and other agencies.—
 1434         (2) To ensure coordination, communication, and cooperation
 1435  with the investigation of abuse, neglect, or exploitation of
 1436  vulnerable adults, the department shall develop and maintain
 1437  interprogram agreements or operational procedures among
 1438  appropriate departmental programs and the Office of State Long
 1439  Term Care Ombudsman Council, the Florida Statewide Advocacy
 1440  Council, and other agencies that provide services to vulnerable
 1441  adults. These agreements or procedures must cover such subjects
 1442  as the appropriate roles and responsibilities of the department
 1443  in identifying and responding to reports of abuse, neglect, or
 1444  exploitation of vulnerable adults; the provision of services;
 1445  and related coordinated activities.
 1446         Section 34. Paragraph (g) of subsection (3) of section
 1447  415.107, Florida Statutes, is amended to read:
 1448         415.107 Confidentiality of reports and records.—
 1449         (3) Access to all records, excluding the name of the
 1450  reporter which shall be released only as provided in subsection
 1451  (6), shall be granted only to the following persons, officials,
 1452  and agencies:
 1453         (g) Any appropriate official of the Florida advocacy
 1454  council or the office long-term care ombudsman council
 1455  investigating a report of known or suspected abuse, neglect, or
 1456  exploitation of a vulnerable adult.
 1457         Section 35. Present subsections (16) through (26) of
 1458  section 429.02, Florida Statutes, are redesignated as
 1459  subsections (17) through (27), respectively, present subsections
 1460  (11) and (20) are amended, and a new subsection (16) is added to
 1461  that section, to read:
 1462         429.02 Definitions.—When used in this part, the term:
 1463         (11) “Extended congregate care” means acts beyond those
 1464  authorized in subsection (17) (16) that may be performed
 1465  pursuant to part I of chapter 464 by persons licensed thereunder
 1466  while carrying out their professional duties, and other
 1467  supportive services which may be specified by rule. The purpose
 1468  of such services is to enable residents to age in place in a
 1469  residential environment despite mental or physical limitations
 1470  that might otherwise disqualify them from residency in a
 1471  facility licensed under this part.
 1472         (16) “Office” has the same meaning as in s. 400.0060.
 1473         (21)(20) “Resident’s representative or designee” means a
 1474  person other than the owner, or an agent or employee of the
 1475  facility, designated in writing by the resident, if legally
 1476  competent, to receive notice of changes in the contract executed
 1477  pursuant to s. 429.24; to receive notice of and to participate
 1478  in meetings between the resident and the facility owner,
 1479  administrator, or staff concerning the rights of the resident;
 1480  to assist the resident in contacting the office ombudsman
 1481  council if the resident has a complaint against the facility; or
 1482  to bring legal action on behalf of the resident pursuant to s.
 1483  429.29.
 1484         Section 36. Paragraph (b) of subsection (3) of section
 1485  429.07, Florida Statutes, is amended to read:
 1486         429.07 License required; fee.—
 1487         (3) In addition to the requirements of s. 408.806, each
 1488  license granted by the agency must state the type of care for
 1489  which the license is granted. Licenses shall be issued for one
 1490  or more of the following categories of care: standard, extended
 1491  congregate care, limited nursing services, or limited mental
 1492  health.
 1493         (b) An extended congregate care license shall be issued to
 1494  facilities providing, directly or through contract, services
 1495  beyond those authorized in paragraph (a), including services
 1496  performed by persons licensed under part I of chapter 464 and
 1497  supportive services, as defined by rule, to persons who would
 1498  otherwise be disqualified from continued residence in a facility
 1499  licensed under this part.
 1500         1. In order for extended congregate care services to be
 1501  provided, the agency must first determine that all requirements
 1502  established in law and rule are met and must specifically
 1503  designate, on the facility’s license, that such services may be
 1504  provided and whether the designation applies to all or part of
 1505  the facility. Such designation may be made at the time of
 1506  initial licensure or relicensure, or upon request in writing by
 1507  a licensee under this part and part II of chapter 408. The
 1508  notification of approval or the denial of the request shall be
 1509  made in accordance with part II of chapter 408. Existing
 1510  facilities qualifying to provide extended congregate care
 1511  services must have maintained a standard license and may not
 1512  have been subject to administrative sanctions during the
 1513  previous 2 years, or since initial licensure if the facility has
 1514  been licensed for less than 2 years, for any of the following
 1515  reasons:
 1516         a. A class I or class II violation;
 1517         b. Three or more repeat or recurring class III violations
 1518  of identical or similar resident care standards from which a
 1519  pattern of noncompliance is found by the agency;
 1520         c. Three or more class III violations that were not
 1521  corrected in accordance with the corrective action plan approved
 1522  by the agency;
 1523         d. Violation of resident care standards which results in
 1524  requiring the facility to employ the services of a consultant
 1525  pharmacist or consultant dietitian;
 1526         e. Denial, suspension, or revocation of a license for
 1527  another facility licensed under this part in which the applicant
 1528  for an extended congregate care license has at least 25 percent
 1529  ownership interest; or
 1530         f. Imposition of a moratorium pursuant to this part or part
 1531  II of chapter 408 or initiation of injunctive proceedings.
 1532         2. A facility that is licensed to provide extended
 1533  congregate care services shall maintain a written progress
 1534  report on each person who receives services which describes the
 1535  type, amount, duration, scope, and outcome of services that are
 1536  rendered and the general status of the resident’s health. A
 1537  registered nurse, or appropriate designee, representing the
 1538  agency shall visit the facility at least quarterly to monitor
 1539  residents who are receiving extended congregate care services
 1540  and to determine whether if the facility is in compliance with
 1541  this part, part II of chapter 408, and relevant rules. One of
 1542  the visits may be in conjunction with the regular survey. The
 1543  monitoring visits may be provided through contractual
 1544  arrangements with appropriate community agencies. A registered
 1545  nurse shall serve as part of the team that inspects the
 1546  facility. The agency may waive one of the required yearly
 1547  monitoring visits for a facility that has been licensed for at
 1548  least 24 months to provide extended congregate care services,
 1549  if, during the inspection, the registered nurse determines that
 1550  extended congregate care services are being provided
 1551  appropriately, and if the facility has no class I or class II
 1552  violations and no uncorrected class III violations. The agency
 1553  must first consult with the office long-term care ombudsman
 1554  council for the area in which the facility is located to
 1555  determine whether if any complaints have been made and
 1556  substantiated about the quality of services or care. The agency
 1557  may not waive one of the required yearly monitoring visits if
 1558  complaints have been made and substantiated.
 1559         3. A facility that is licensed to provide extended
 1560  congregate care services must:
 1561         a. Demonstrate the capability to meet unanticipated
 1562  resident service needs.
 1563         b. Offer a physical environment that promotes a homelike
 1564  setting, provides for resident privacy, promotes resident
 1565  independence, and allows sufficient congregate space as defined
 1566  by rule.
 1567         c. Have sufficient staff available, taking into account the
 1568  physical plant and firesafety features of the building, to
 1569  assist with the evacuation of residents in an emergency.
 1570         d. Adopt and follow policies and procedures that maximize
 1571  resident independence, dignity, choice, and decisionmaking to
 1572  permit residents to age in place, so that moves due to changes
 1573  in functional status are minimized or avoided.
 1574         e. Allow residents or, if applicable, a resident’s
 1575  representative, designee, surrogate, guardian, or attorney in
 1576  fact to make a variety of personal choices, participate in
 1577  developing service plans, and share responsibility in
 1578  decisionmaking.
 1579         f. Implement the concept of managed risk.
 1580         g. Provide, directly or through contract, the services of a
 1581  person licensed under part I of chapter 464.
 1582         h. In addition to the training mandated in s. 429.52,
 1583  provide specialized training as defined by rule for facility
 1584  staff.
 1585         4. A facility that is licensed to provide extended
 1586  congregate care services is exempt from the criteria for
 1587  continued residency set forth in rules adopted under s. 429.41.
 1588  A licensed facility must adopt its own requirements within
 1589  guidelines for continued residency set forth by rule. However,
 1590  the facility may not serve residents who require 24-hour nursing
 1591  supervision. A licensed facility that provides extended
 1592  congregate care services must also provide each resident with a
 1593  written copy of facility policies governing admission and
 1594  retention.
 1595         5. The primary purpose of extended congregate care services
 1596  is to allow residents, as they become more impaired, the option
 1597  of remaining in a familiar setting from which they would
 1598  otherwise be disqualified for continued residency. A facility
 1599  licensed to provide extended congregate care services may also
 1600  admit an individual who exceeds the admission criteria for a
 1601  facility with a standard license, if the individual is
 1602  determined appropriate for admission to the extended congregate
 1603  care facility.
 1604         6. Before the admission of an individual to a facility
 1605  licensed to provide extended congregate care services, the
 1606  individual must undergo a medical examination as provided in s.
 1607  429.26(4) and the facility must develop a preliminary service
 1608  plan for the individual.
 1609         7. When a facility can no longer provide or arrange for
 1610  services in accordance with the resident’s service plan and
 1611  needs and the facility’s policy, the facility shall make
 1612  arrangements for relocating the person in accordance with s.
 1613  429.28(1)(k).
 1614         8. Failure to provide extended congregate care services may
 1615  result in denial of extended congregate care license renewal.
 1616         Section 37. Subsection (9) of section 429.19, Florida
 1617  Statutes, is amended to read:
 1618         429.19 Violations; imposition of administrative fines;
 1619  grounds.—
 1620         (9) The agency shall develop and disseminate an annual list
 1621  of all facilities sanctioned or fined for violations of state
 1622  standards, the number and class of violations involved, the
 1623  penalties imposed, and the current status of cases. The list
 1624  shall be disseminated, at no charge, to the Department of
 1625  Elderly Affairs, the Department of Health, the Department of
 1626  Children and Families, the Agency for Persons with Disabilities,
 1627  the area agencies on aging, the Florida Statewide Advocacy
 1628  Council, and the office state and local ombudsman councils. The
 1629  Department of Children and Families shall disseminate the list
 1630  to service providers under contract to the department who are
 1631  responsible for referring persons to a facility for residency.
 1632  The agency may charge a fee commensurate with the cost of
 1633  printing and postage to other interested parties requesting a
 1634  copy of this list. This information may be provided
 1635  electronically or through the agency’s Internet site.
 1636         Section 38. Subsection (8) of section 429.26, Florida
 1637  Statutes, is amended to read:
 1638         429.26 Appropriateness of placements; examinations of
 1639  residents.—
 1640         (8) The Department of Children and Families may require an
 1641  examination for supplemental security income and optional state
 1642  supplementation recipients residing in facilities at any time
 1643  and shall provide the examination whenever a resident’s
 1644  condition requires it. Any facility administrator; personnel of
 1645  the agency, the department, or the Department of Children and
 1646  Families; or representative of the Office of the State Long-Term
 1647  Care Ombudsman long-term care ombudsman council member who
 1648  believes a resident needs to be evaluated shall notify the
 1649  resident’s case manager, who shall take appropriate action. A
 1650  report of the examination findings shall be provided to the
 1651  resident’s case manager and the facility administrator to help
 1652  the administrator meet his or her responsibilities under
 1653  subsection (1).
 1654         Section 39. Subsection (2) and paragraph (b) of subsection
 1655  (3) of section 429.28, Florida Statutes, are amended to read:
 1656         429.28 Resident bill of rights.—
 1657         (2) The administrator of a facility shall ensure that a
 1658  written notice of the rights, obligations, and prohibitions set
 1659  forth in this part is posted in a prominent place in each
 1660  facility and read or explained to residents who cannot read.
 1661  This notice must shall include the statewide toll-free telephone
 1662  number and e-mail address of the state ombudsman program and the
 1663  telephone number of the name, address, and telephone numbers of
 1664  the local ombudsman council and central abuse hotline and, when
 1665  applicable, the Advocacy Center for Persons with Disabilities,
 1666  Inc., and the Florida local advocacy council, where complaints
 1667  may be lodged. The facility must ensure a resident’s access to a
 1668  telephone to call the state local ombudsman program or local
 1669  council, the central abuse hotline, the Advocacy Center for
 1670  Persons with Disabilities, Inc., and the Florida local advocacy
 1671  council.
 1672         (3)
 1673         (b) In order to determine whether the facility is
 1674  adequately protecting residents’ rights, the biennial survey
 1675  shall include private informal conversations with a sample of
 1676  residents and consultation with the state ombudsman program
 1677  council in the planning and service area in which the facility
 1678  is located to discuss residents’ experiences within the
 1679  facility.
 1680         Section 40. Section 429.34, Florida Statutes, is amended to
 1681  read:
 1682         429.34 Right of entry and inspection.—In addition to the
 1683  requirements of s. 408.811, a any duly designated officer or
 1684  employee of the department, the Department of Children and
 1685  Families, the Medicaid Fraud Control Unit of the Office of the
 1686  Attorney General, the state or local fire marshal, or a
 1687  representative member of the Office of the State Long-Term Care
 1688  Ombudsman may state or local long-term care ombudsman council
 1689  shall have the right to enter unannounced upon and into the
 1690  premises of any facility licensed under pursuant to this part in
 1691  order to determine the state of compliance with the provisions
 1692  of this part, part II of chapter 408, and applicable rules. Data
 1693  collected by the office state or local long-term care ombudsman
 1694  councils or the state or local advocacy councils may be used by
 1695  the agency in investigations involving violations of regulatory
 1696  standards.
 1697         Section 41. Subsection (2) of section 429.35, Florida
 1698  Statutes, is amended to read:
 1699         429.35 Maintenance of records; reports.—
 1700         (2) Within 60 days after the date of the biennial
 1701  inspection visit required under s. 408.811 or within 30 days
 1702  after the date of any interim visit, the agency shall forward
 1703  the results of the inspection to the office local ombudsman
 1704  council in whose planning and service area, as defined in part
 1705  II of chapter 400, the facility is located; to at least one
 1706  public library or, in the absence of a public library, the
 1707  county seat in the county in which the inspected assisted living
 1708  facility is located; and, when appropriate, to the district
 1709  Adult Services and Mental Health Program Offices.
 1710         Section 42. Subsection (6) of section 429.67, Florida
 1711  Statutes, is amended to read:
 1712         429.67 Licensure.—
 1713         (6) In addition to the requirements of s. 408.811, access
 1714  to a licensed adult family-care home must be provided at
 1715  reasonable times for the appropriate officials of the
 1716  department, the Department of Health, the Department of Children
 1717  and Families, the agency, and the State Fire Marshal, who are
 1718  responsible for the development and maintenance of fire, health,
 1719  sanitary, and safety standards, to inspect the facility to
 1720  assure compliance with these standards. In addition, access to a
 1721  licensed adult family-care home must be provided at reasonable
 1722  times to representatives of the Office of State for the local
 1723  Long-Term Care Ombudsman council.
 1724         Section 43. Subsection (2) of section 429.85, Florida
 1725  Statutes, is amended to read:
 1726         429.85 Residents’ bill of rights.—
 1727         (2) The provider shall ensure that residents and their
 1728  legal representatives are made aware of the rights, obligations,
 1729  and prohibitions set forth in this part. Residents must also be
 1730  given the statewide toll-free telephone number and e-mail
 1731  address of the state ombudsman program and the telephone number
 1732  of names, addresses, and telephone numbers of the local
 1733  ombudsman council and the central abuse hotline where they may
 1734  lodge complaints.
 1735         Section 44. Subsection (17) of section 744.444, Florida
 1736  Statutes, is amended to read:
 1737         744.444 Power of guardian without court approval.—Without
 1738  obtaining court approval, a plenary guardian of the property, or
 1739  a limited guardian of the property within the powers granted by
 1740  the order appointing the guardian or an approved annual or
 1741  amended guardianship report, may:
 1742         (17) Provide confidential information about a ward which
 1743  that is related to an investigation arising under part I of
 1744  chapter 400 to a representative of the Office of the State Long
 1745  Term Care Ombudsman local or state ombudsman council member
 1746  conducting such an investigation. Any such ombudsman shall have
 1747  a duty to maintain the confidentiality of such information.
 1748         Section 45. This act shall take effect July 1, 2015.