1

Senator Storms moved the following Senate amendment to House

2

amendment (820601):

3

4

     Senate Amendment (with title amendment)

5

     Delete line(s) 5-521

6

and insert:

7

     Section 1.  Subsection (4) of section 322.142, Florida

8

Statutes, is amended to read:

9

     322.142  Color photographic or digital imaged licenses.--

10

     (4)  The department may maintain a film negative or print

11

file. The department shall maintain a record of the digital image

12

and signature of the licensees, together with other data required

13

by the department for identification and retrieval. Reproductions

14

from the file or digital record are exempt from the provisions of

15

s. 119.07(1) and shall be made and issued only for departmental

16

administrative purposes; for the issuance of duplicate licenses;

17

in response to law enforcement agency requests; to the Department

18

of State pursuant to an interagency agreement to facilitate

19

determinations of eligibility of voter registration applicants

20

and registered voters in accordance with ss. 98.045 and 98.075;

21

to the Department of Revenue pursuant to an interagency agreement

22

for use in establishing paternity and establishing, modifying, or

23

enforcing support obligations in Title IV-D cases; to the

24

Department of Children and Family Services pursuant to an

25

interagency agreement to conduct protective investigations under

26

chapter 415; or to the Department of Financial Services pursuant

27

to an interagency agreement to facilitate the location of owners

28

of unclaimed property, the validation of unclaimed property

29

claims, and the identification of fraudulent or false claims, and

30

are exempt from the provisions of s. 119.07(1).

31

     Section 2.  Effective April 1, 2009, subsection (25) is

32

added to section 400.141, Florida Statutes, to read:

33

     400.141  Administration and management of nursing home

34

facilities.--Every licensed facility shall comply with all

35

applicable standards and rules of the agency and shall:

36

     (25) Conduct a search of the Department of Law

37

Enforcement's sexual offender database for each prospective

38

resident before admission or immediately after admission. A

39

facility must maintain verification that all residents have been

40

screened. The information obtained may be used by the facility to

41

assess the needs of the resident and to provide adequate and

42

appropriate health care and protective and support services in

43

accordance with this part. The information obtained may be

44

disclosed to other residents. The facility does not have to

45

rescreen a resident who is away from a facility for no more than

46

45 days.

47

48

Facilities that have been awarded a Gold Seal under the program

49

established in s. 400.235 may develop a plan to provide certified

50

nursing assistant training as prescribed by federal regulations

51

and state rules and may apply to the agency for approval of their

52

program.

53

     Section 3.  Subsection (3) of section 400.19, Florida

54

Statutes, is amended to read:

55

     400.19  Right of entry and inspection.--

56

     (3)  The agency shall every 15 months conduct at least one

57

unannounced inspection to determine compliance by the licensee

58

with statutes, and related with rules promulgated under the

59

provisions of those statutes, governing minimum standards of

60

construction, quality and adequacy of care, and rights of

61

residents. The survey shall be conducted every 6 months for the

62

next 2-year period if the facility has been cited for a class I

63

deficiency, has been cited for two or more class II deficiencies

64

arising from separate surveys or investigations within a 60-day

65

period, or has had three or more substantiated complaints within

66

a 6-month period, each resulting in at least one class I or class

67

II deficiency. In addition to any other fees or fines in this

68

part, the agency shall assess a fine for each facility that is

69

subject to the 6-month survey cycle. The fine for the 2-year

70

period shall be $6,000, one-half to be paid at the completion of

71

each survey. The agency may adjust this fine by the change in the

72

Consumer Price Index, based on the 12 months immediately

73

preceding the change increase, to cover the cost of the

74

additional surveys. The agency shall verify through subsequent

75

inspection that any deficiency identified during inspection is

76

corrected. However, the agency may verify the correction of a

77

class III or class IV deficiency unrelated to resident rights or

78

resident care without reinspecting the facility if adequate

79

written documentation has been received from the facility, which

80

provides assurance that the deficiency has been corrected. The

81

giving or causing to be given of advance notice of such

82

unannounced inspections by an employee of the agency to any

83

unauthorized person shall constitute cause for suspension of not

84

fewer than 5 working days according to the provisions of chapter

85

110.

86

     Section 4.  Effective April 1, 2009, section 400.215,

87

Florida Statutes, is amended to read:

88

     400.215 Background Personnel screening requirement.--

89

     (1) The agency shall require Background screening as

90

provided in chapter 435 is required for all nursing home facility

91

employees or prospective employees of facilities licensed under

92

this part who are expected to, or whose responsibilities may

93

require them to:

94

     (a)  Provide personal care or services to residents;

95

     (b)  Have access to resident living areas; or

96

     (c)  Have access to resident funds or other personal

97

property.

98

     (2) Background screening as provided in chapter 435 is

99

required for all nursing home facility contracted workers who are

100

expected to, or whose responsibilities may require them to,

101

provide personal care or services to residents. The facility

102

shall maintain verification that such contracted workers have

103

been screened pursuant to this section. The facility may either

104

obtain a copy of the qualifying screening results from the entity

105

or receive an affidavit from the entity which specifies that a

106

background screen has been performed on all contracted workers

107

sent to the facility. Contracted workers who do not provide

108

personal care or services to residents are not required to be

109

screened pursuant to this section but must sign in at the

110

reception desk or nurses' station upon entering the facility,

111

wear an identification badge while on the premises, and sign out

112

before leaving the facility. The nursing facility shall maintain

113

a log containing the information collected.

114

     (3)(2) Employers, and employees, contractors, and

115

contracted workers shall comply with the requirements of s.

116

435.05.

117

     (a) Notwithstanding the provisions of s. 435.05(1),

118

facilities must have in their possession evidence that level 1

119

screening under s. 435.03 has been completed before allowing an

120

employee or contracted worker to begin employment in the facility

121

working with patients as provided in subsection (1). All

122

information necessary for conducting level 1 background screening

123

using level 1 standards as specified in s. 435.03 shall be

124

submitted by the nursing facility to the agency. Results of the

125

background screening shall be provided by the agency to the

126

requesting nursing facility.

127

     (b) Employees and contracted workers qualified under the

128

provisions of paragraph (a) who have not maintained continuous

129

residency within the state for the 5 years immediately preceding

130

the date of request for background screening must complete level

131

2 screening, as provided in s. 435.04 chapter 435. Such Employees

132

may work in a conditional status for up to 180 days pending the

133

receipt of written findings evidencing the completion of level 2

134

screening. Contracted workers who are awaiting the completion of

135

level 2 screening may work only under the direct and visual

136

supervision of persons who have met the screening requirements of

137

this section. Level 2 screening is shall not be required for of

138

employees, or prospective employees, or contracted workers who

139

attest in writing under penalty of perjury that they meet the

140

residency requirement. To complete Completion of level 2

141

screening: shall require

142

     1. The employee or contracted worker shall prospective

143

employee to furnish to the nursing facility a full set of

144

fingerprints for conducting a federal criminal records check to

145

enable a criminal background investigation to be conducted.

146

     2. The nursing facility shall submit the completed

147

fingerprint card to the agency.

148

     3. The agency shall establish a record of the request in

149

the database provided for in paragraph (c) and forward the

150

request to the Department of Law Enforcement, which is authorized

151

to submit the fingerprints to the Federal Bureau of Investigation

152

for a national criminal history records check.

153

     4. The results of the national criminal history records

154

check shall be returned to the agency, which shall maintain the

155

results in the database provided for in paragraph (c).

156

     5. The agency shall notify the administrator of the

157

requesting nursing facility or the administrator of any other

158

requesting facility licensed under chapter 393, chapter 394,

159

chapter 395, chapter 397, chapter 429, or this chapter, as

160

requested by such facility, as to whether or not the employee has

161

qualified under level 1 or level 2 screening.

162

163

An employee or contracted worker prospective employee who has

164

qualified under level 2 screening and has maintained such

165

continuous residency within the state is shall not be required to

166

complete a subsequent level 2 screening as a condition of

167

employment at another facility.

168

     (c) The agency shall establish and maintain a database that

169

includes of background screening information which shall include

170

the results of all both level 1 and level 2 screening. The

171

Department of Law Enforcement shall timely provide to the agency,

172

electronically, the results of each statewide screening for

173

incorporation into the database. The agency shall, upon request

174

from any facility, agency, or program required by or authorized

175

by law to screen its employees or contracted workers applicants,

176

notify the administrator of the facility, agency, or program of

177

the qualifying or disqualifying status of the person employee or

178

applicant named in the request.

179

     (d) Applicants and Employees, prospective employees, and

180

contracted workers shall be excluded from employment pursuant to

181

s. 435.06, and may not be employed or resume employment until

182

exempted or all appeals have been resolved in favor of the person

183

screened. However, an employee of a nursing facility, employed

184

prior to October 1, 1998, who is determined to have a

185

disqualifying offense occurring after October 1, 1998, may

186

continue employment pending the outcome of an exemption request

187

if such request is made within 30 days of receipt of the results

188

of the background screening. An employee of a nursing facility,

189

employed before October 1, 1998, who is determined to have a

190

disqualifying offense before October 1, 1998, but does not have a

191

disqualifying offense after that date, is not required to submit

192

an exemption request pursuant to s. 435.07 and may continue his

193

or her employment.

194

195

Notwithstanding chapter 435, the agency may not provide to the

196

employer the results of background screening for offenses

197

occurring prior to October 1, 1998, for persons employed before

198

October 1, 1998, except for an absolute disqualifying offense.

199

For the purposes of this section, the term "absolute

200

disqualifying offense" means a felony offense pursuant to s.

201

787.01(3)(a); s. 787.02(3)(a); s. 787.025, s. 796.03; s. 796.035;

202

s. 800.04, except for crimes identified in ss. 800.04(7)(c) and

203

(d); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135(2) and

204

(3); s. 847.0137(2) and (3); and s. 847.0138(2) and (3); s.

205

847.0145; s. 796.045; or chapter 794. Notwithstanding s. 435.07,

206

a person who has been convicted of, or entered a plea of guilty

207

or nolo contendere, regardless of adjudication, to an absolute

208

disqualifying offense may not be granted an exemption from

209

disqualification from employment. Neither the agency nor an

210

employer is required to rescreen or reevaluate qualifications for

211

employment of a person who was screened by that employer and

212

continuously employed before April 1, 2009.

213

     (4)(3) The person being screened applicant is responsible

214

for paying the fees associated with obtaining the required

215

screening. Payment for the screening shall be submitted to the

216

agency. The agency shall establish a schedule of fees to cover

217

the costs of level 1 and level 2 screening. Facilities may pay

218

reimburse employees for these costs. The Department of Law

219

Enforcement shall charge the agency for a level 1 or level 2

220

screening a rate sufficient to cover the costs of such screening

221

pursuant to s. 943.053(3). The agency shall, as allowable,

222

reimburse nursing facilities for the cost of conducting

223

background screening as required by this section. This

224

reimbursement is will not be subject to any rate ceilings or

225

payment targets in the Medicaid Reimbursement plan.

226

     (5)(4)(a) As provided in s. 435.07:,

227

     (a) The agency may grant an exemption from disqualification

228

to an employee, or prospective employee, or contracted worker who

229

is subject to this section and who has not received a

230

professional license or certification from the Department of

231

Health.

232

     (b) As provided in s. 435.07, The appropriate regulatory

233

board within the Department of Health, or that department itself

234

when there is no board, may grant an exemption from

235

disqualification to an employee, or prospective employee, or

236

contracted worker who is subject to this section and who has

237

received a professional license or certification from the

238

Department of Health or a regulatory board within that

239

department.

240

     (6)(5) Any provision of law to the contrary

241

notwithstanding, Persons who have been screened and qualified as

242

required by this section, and who have not been unemployed for

243

more than 180 days thereafter, and who, under penalty of perjury,

244

attest to not having been convicted of a disqualifying offense

245

since the completion of such screening are, shall not be required

246

to be rescreened. An employer may obtain, pursuant to s. 435.10,

247

written verification of qualifying screening results from the

248

previous employer, contractor, or other entity that which caused

249

the such screening to be performed.

250

     (7)(6) The agency and the Department of Health may shall

251

have authority to adopt rules to administer pursuant to the

252

Administrative Procedure Act to implement this section.

253

     (7) All employees shall comply with the requirements of

254

this section by October 1, 1998. No current employee of a nursing

255

facility as of the effective date of this act shall be required

256

to submit to rescreening if the nursing facility has in its

257

possession written evidence that the person has been screened and

258

qualified according to level 1 standards as specified in s.

259

435.03(1). Any current employee who meets the level 1 requirement

260

but does not meet the 5-year residency requirement as specified

261

in this section must provide to the employing nursing facility

262

written attestation under penalty of perjury that the employee

263

has not been convicted of a disqualifying offense in another

264

state or jurisdiction. All applicants hired on or after October

265

1, 1998, shall comply with the requirements of this section.

266

     (8)  There is no monetary or unemployment liability on the

267

part of, and a no cause of action for damages does not arise

268

arising against, an employer that, upon notice of a disqualifying

269

offense listed under chapter 435 or an act of domestic violence,

270

terminates the employee against whom the report was issued,

271

whether or not the employee has filed for an exemption with the

272

Department of Health or the agency for Health Care

273

Administration.

274

     Section 5.  Subsection (6) is added to section 408.809,

275

Florida Statutes, to read:

276

     408.809  Background screening; prohibited offenses.--

277

     (6) The agency shall establish a schedule of fees to cover

278

the costs of any level 1 or level 2 screening required pursuant

279

to this part or other authorizing statutes and may adopt rules to

280

carry out these screenings and for the schedule of fees.

281

     Section 6.  Subsection (5) of section 408.810, Florida

282

Statutes, is amended to read:

283

     408.810  Minimum licensure requirements.--In addition to the

284

licensure requirements specified in this part, authorizing

285

statutes, and applicable rules, each applicant and licensee must

286

comply with the requirements of this section in order to obtain

287

and maintain a license.

288

     (5) Each licensee must:

289

     (a)  On or before the first day services are provided to a

290

client, a licensee must inform the client and his or her

291

immediate family or representative, if appropriate, of the right

292

to report:

293

     1.  Complaints. The statewide toll-free telephone number for

294

reporting complaints to the agency must be provided to clients in

295

a manner that is clearly legible and must include the words: "To

296

report a complaint regarding the services you receive, please

297

call toll-free (phone number)."

298

     2.  Abusive, neglectful, or exploitative practices. The

299

statewide toll-free telephone number for the central abuse

300

hotline must be provided to clients in a manner that is clearly

301

legible and must include the words: "To report abuse, neglect, or

302

exploitation, please call toll-free (phone number)." The agency

303

shall publish a minimum of a 90-day advance notice of a change in

304

the toll-free telephone numbers.

305

     (b) Each licensee shall Establish appropriate policies and

306

procedures for providing such notice to clients.

307

     (c) Publicly display a poster approved by the agency

308

containing the names, addresses, and telephone numbers for the

309

state's central abuse hotline, the State Long-Term Care

310

Ombudsman, the agency's consumer hotline, the Advocacy Center for

311

Persons with Disabilities, the Florida Statewide Advocacy

312

Council, and the Medicaid Fraud Control Unit, along with a clear

313

description of the assistance to be expected from each. The

314

Statewide Public Guardianship Office and its website shall also

315

be listed. The agency shall make the poster available on the

316

Internet. Providers may download the poster, at no charge, from

317

the agency's website.

318

     Section 7.  Section 408.811, Florida Statutes, is amended to

319

read:

320

     408.811  Right of inspection; copies; inspection reports.--

321

     (1)  An authorized officer or employee of the agency may

322

make or cause to be made any inspection or investigation deemed

323

necessary by the agency to determine the state of compliance with

324

this part, authorizing statutes, and applicable rules. The right

325

of inspection extends to any business that the agency has reason

326

to believe is being operated as a provider without a license, but

327

inspection of any business suspected of being operated without

328

the appropriate license may not be made without the permission of

329

the owner or person in charge unless a warrant is first obtained

330

from a circuit court. Any application for a license issued under

331

this part, authorizing statutes, or applicable rules constitutes

332

permission for an appropriate inspection to verify the

333

information submitted on or in connection with the application.

334

     (a)  All inspections shall be unannounced, except as

335

specified in s. 408.806. The giving or causing to be given of

336

advance notice of the unannounced inspection by an agency

337

employee to any unauthorized person shall, in accordance with

338

chapter 110, constitute cause for suspension of the employee for

339

at least 5 working days.

340

     (b)  Inspections for relicensure shall be conducted

341

biennially unless otherwise specified by authorizing statutes or

342

applicable rules.

343

     (c) Deficiencies found during an inspection or

344

investigation must be corrected within 30 days unless an

345

alternative timeframe is required or approved by the agency.

346

     (d) The agency may require an applicant or licensee to

347

submit a plan of correction for deficiencies. If required, the

348

plan of correction must be filed with the agency within 10 days

349

unless an alternative timeframe is required.

350

     (2)  Inspections conducted in conjunction with certification

351

may be accepted in lieu of a complete licensure inspection.

352

However, a licensure inspection may also be conducted to review

353

any licensure requirements that are not also requirements for

354

certification.

355

     (3)  The agency shall have access to and the licensee shall

356

provide copies of all provider records required during an

357

inspection at no cost to the agency.

358

     (4)(a)  Each licensee shall maintain as public information,

359

available upon request, records of all inspection reports

360

pertaining to that provider that have been filed by the agency

361

unless those reports are exempt from or contain information that

362

is exempt from s. 119.07(1) and s. 24(a), Art. I of the State

363

Constitution or is otherwise made confidential by law. Effective

364

October 1, 2006, copies of such reports shall be retained in the

365

records of the provider for at least 3 years following the date

366

the reports are filed and issued, regardless of a change of

367

ownership.

368

     (b)  A licensee shall, upon the request of any person who

369

has completed a written application with intent to be admitted by

370

such provider, any person who is a client of such provider, or

371

any relative, spouse, or guardian of any such person, furnish to

372

the requester a copy of the last inspection report pertaining to

373

the licensed provider that was issued by the agency or by an

374

accrediting organization if such report is used in lieu of a

375

licensure inspection.

376

     (c) As an alternative to sending reports required by this

377

part or authorizing statutes, the agency may provide electronic

378

access to information or documents.

379

     Section 8.  Subsection (2) of section 415.103, Florida

380

Statutes, is amended to read:

381

     415.103  Central abuse hotline.--

382

     (2)  Upon receiving an oral or written report of known or

383

suspected abuse, neglect, or exploitation of a vulnerable adult,

384

the central abuse hotline shall must determine if the report

385

requires an immediate onsite protective investigation.

386

     (a) For reports requiring an immediate onsite protective

387

investigation, the central abuse hotline must immediately notify

388

the department's designated protective investigative district

389

staff responsible for protective investigations to ensure prompt

390

initiation of an onsite investigation.

391

     (b) For reports not requiring an immediate onsite

392

protective investigation, the central abuse hotline must notify

393

the department's designated protective investigative district

394

staff responsible for protective investigations in sufficient

395

time to allow for an investigation to be commenced within 24

396

hours. At the time of notification of district staff with respect

397

to the report, the central abuse hotline must also provide any

398

known information on any previous reports report concerning the a

399

subject of the present report or any pertinent information

400

relative to the present report or any noted earlier reports.

401

     (c) If the report is of known or suspected abuse of a

402

vulnerable adult by someone other than a relative, caregiver, or

403

household member, the call shall be immediately transferred to

404

the appropriate county sheriff's office.

405

     Section 9.  Paragraph (e) of subsection (1) and paragraph

406

(g) of subsection (2) of section 415.1051, Florida Statutes, are

407

amended to read:

408

     415.1051  Protective services interventions when capacity to

409

consent is lacking; nonemergencies; emergencies; orders;

410

limitations.--

411

     (1)  NONEMERGENCY PROTECTIVE SERVICES INTERVENTIONS.--If the

412

department has reasonable cause to believe that a vulnerable

413

adult or a vulnerable adult in need of services is being abused,

414

neglected, or exploited and is in need of protective services but

415

lacks the capacity to consent to protective services, the

416

department shall petition the court for an order authorizing the

417

provision of protective services.

418

     (e)  Continued protective services.--

419

     1. Within No more than 60 days after the date of the order

420

authorizing the provision of protective services, the department

421

shall petition the court to determine whether:

422

     a. Protective services are to will be continued with the

423

consent of the vulnerable adult pursuant to this subsection;

424

     b. Protective services are to will be continued for the

425

vulnerable adult who lacks capacity;

426

     c. Protective services are to will be discontinued; or

427

     d. A petition for guardianship shall should be filed

428

pursuant to chapter 744.

429

     2.  If the court determines that a petition for guardianship

430

shall should be filed pursuant to chapter 744, the court, for

431

good cause shown, may order continued protective services until

432

it makes a determination regarding capacity.

433

     3. If the department has a good faith belief that the

434

vulnerable adult lacks capacity, the petition to determine

435

incapacity under s. 744.3201 may be filed by the department. Once

436

the petition is filed, the department may not be appointed

437

guardian and may not provide legal counsel for the guardian.

438

     (2)  EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the

439

department has reasonable cause to believe that a vulnerable

440

adult is suffering from abuse or neglect that presents a risk of

441

death or serious physical injury to the vulnerable adult and that

442

the vulnerable adult lacks the capacity to consent to emergency

443

protective services, the department may take action under this

444

subsection. If the vulnerable adult has the capacity to consent

445

and refuses consent to emergency protective services, emergency

446

protective services may not be provided.

447

     (g)  Continued emergency protective services.--

448

     1. Within Not more than 60 days after the date of the order

449

authorizing the provision of emergency protective services, the

450

department shall petition the court to determine whether:

451

     a. Emergency protective services are to will be continued

452

with the consent of the vulnerable adult;

453

     b. Emergency protective services are to will be continued

454

for the vulnerable adult who lacks capacity;

455

     c. Emergency protective services are to will be

456

discontinued; or

457

     d. A petition shall should be filed under chapter 744.

458

     2.  If it is decided to file a petition under chapter 744,

459

for good cause shown, the court may order continued emergency

460

protective services until a determination is made by the court.

461

     3. If the department has a good faith belief that the

462

vulnerable adult lacks capacity, the petition to determine

463

incapacity under s. 744.3201 may be filed by the department. Once

464

the petition is filed, the department may not be appointed

465

guardian and may not provide legal counsel for the guardian.

466

     Section 10.  Section 415.112, Florida Statutes, is amended

467

to read:

468

     415.112 Rules for implementation of ss. 415.101-

469

415.113.--The department shall adopt promulgate rules to

470

administer this chapter including, but not limited to: for the

471

implementation of ss. 415.101-415.113.

472

     (1) Background screening of department employees and

473

employee applicants which includes a criminal records check and

474

drug testing of adult protective investigators and adult

475

protective investigator supervisors.

476

     (2) The reporting of adult abuse, neglect, exploitation, a

477

vulnerable adult in need of services, false reporting, and adult

478

protective investigations.

479

     (3) Confidentiality and retention of department records,

480

access to records, and record requests.

481

     (4) Injunctions and other protective orders.

482

     (5) The provision of emergency and nonemergency protective

483

services intervention.

484

     (6) Agreements with law enforcement and other state

485

agencies.

486

     (7) Legal and casework procedures, including, but not

487

limited to, diligent search, petitions, emergency removals,

488

capacity to consent, and adult protection teams.

489

     (8) The legal and casework management of cases involving

490

protective supervision, protective orders, judicial reviews,

491

administrative reviews, case plans, and documentation

492

requirements.

493

     Section 11.  Paragraphs (b) and (c) of subsection (3) of

494

section 429.07, Florida Statutes, are amended to read:

495

     429.07  License required; fee.--

496

     (3)  In addition to the requirements of s. 408.806, each

497

license granted by the agency must state the type of care for

498

which the license is granted. Licenses shall be issued for one or

499

more of the following categories of care: standard, extended

500

congregate care, limited nursing services, or limited mental

501

health.

502

     (b)  An extended congregate care license shall be issued to

503

facilities providing, directly or through contract, services

504

beyond those authorized in paragraph (a), including services

505

performed by persons licensed under acts performed pursuant to

506

part I of chapter 464 by persons licensed thereunder, and

507

supportive services, as defined by rule, to persons who would

508

otherwise would be disqualified from continued residence in a

509

facility licensed under this part.

510

     1. To obtain an In order for extended congregate care

511

license services to be provided in a facility licensed under this

512

part, the agency must first determine that all requirements

513

established in law and rule are met and must specifically

514

designate, on the facility's license, that such services may be

515

provided and whether the designation applies to all or part of

516

the a facility. Such designation may be made at the time of

517

initial licensure or relicensure, or upon request in writing by a

518

licensee under this part and part II of chapter 408. Notification

519

of approval or denial of the such request shall be made in

520

accordance with part II of chapter 408. Existing

521

     2. Facilities applying for, and facilities currently

522

licensed qualifying to provide, extended congregate care services

523

must have maintained a standard license and may not have been

524

subject to administrative sanctions during the previous 2 years,

525

or since initial licensure if the facility has been licensed for

526

less than 2 years, for any of the following reasons:

527

     a.  A class I or class II violation;

528

     b.  Three or more repeat or recurring class III violations

529

of identical or similar resident care standards as specified in

530

rule from which a pattern of noncompliance is found by the

531

agency;

532

     c.  Three or more class III violations that were not

533

corrected in accordance with the corrective action plan approved

534

by the agency;

535

     d. Violation of resident care standards which result in

536

requiring the facility resulting in a requirement to employ the

537

services of a consultant pharmacist or consultant dietitian;

538

     e.  Denial, suspension, or revocation of a license for

539

another facility licensed under this part in which the applicant

540

for an extended congregate care license has at least 25 percent

541

ownership interest; or

542

     f.  Imposition of a moratorium pursuant to this part or part

543

II of chapter 408 or initiation of injunctive proceedings.

544

     3.2. A facility that is Facilities that are licensed to

545

provide extended congregate care services must shall maintain a

546

written progress report on each person who receives such

547

services, which report describes the type, amount, duration,

548

scope, and outcome of services that are rendered and the general

549

status of the resident's health. A registered nurse, or

550

appropriate designee, representing the agency shall visit the

551

facility such facilities at least quarterly to monitor residents

552

who are receiving extended congregate care services and to

553

determine if the facility is in compliance with this part, part

554

II of chapter 408, and rules that relate to extended congregate

555

care. One of these visits may be in conjunction with the regular

556

survey. The monitoring visits may be provided through contractual

557

arrangements with appropriate community agencies. A registered

558

nurse shall serve as part of the team that inspects the such

559

facility. The agency may waive one of the required yearly

560

monitoring visits for a facility that has been licensed for at

561

least 24 months to provide extended congregate care services, if,

562

during the inspection, the registered nurse determines that

563

extended congregate care services are being provided

564

appropriately, and if the facility has no class I or class II

565

violations and no uncorrected class III violations. Before such

566

decision is made, The agency must first shall consult with the

567

long-term care ombudsman council for the area in which the

568

facility is located to determine if any complaints have been made

569

and substantiated about the quality of services or care. The

570

agency may not waive one of the required yearly monitoring visits

571

if complaints have been made and substantiated.

572

     4.3. Facilities that are licensed to provide extended

573

congregate care services must shall:

574

     a.  Demonstrate the capability to meet unanticipated

575

resident service needs.

576

     b.  Offer a physical environment that promotes a homelike

577

setting, provides for resident privacy, promotes resident

578

independence, and allows sufficient congregate space as defined

579

by rule.

580

     c.  Have sufficient staff available, taking into account the

581

physical plant and firesafety features of the building, to assist

582

with the evacuation of residents in an emergency, as necessary.

583

     d.  Adopt and follow policies and procedures that maximize

584

resident independence, dignity, choice, and decisionmaking to

585

permit residents to age in place to the extent possible, so that

586

moves due to changes in functional status are minimized or

587

avoided.

588

     e.  Allow residents or, if applicable, a resident's

589

representative, designee, surrogate, guardian, or attorney in

590

fact to make a variety of personal choices, participate in

591

developing service plans, and share responsibility in

592

decisionmaking.

593

     f.  Implement the concept of managed risk.

594

     g. Provide, either directly or through contract, the

595

services of a person licensed pursuant to part I of chapter 464.

596

     h.  In addition to the training mandated in s. 429.52,

597

provide specialized training as defined by rule for facility

598

staff.

599

     5.4. Facilities licensed to provide extended congregate

600

care services are exempt from the criteria for continued

601

residency as set forth in rules adopted under s. 429.41.

602

Facilities so licensed must shall adopt their own requirements

603

within guidelines for continued residency set forth by rule.

604

However, such facilities may not serve residents who require 24-

605

hour nursing supervision. Facilities licensed to provide extended

606

congregate care services must shall provide each resident with a

607

written copy of facility policies governing admission and

608

retention.

609

     6.5. The primary purpose of extended congregate care

610

services is to allow residents, as they become more impaired, the

611

option of remaining in a familiar setting from which they would

612

otherwise be disqualified for continued residency. A facility

613

licensed to provide extended congregate care services may also

614

admit an individual who exceeds the admission criteria for a

615

facility with a standard license, if the individual is determined

616

appropriate for admission to the extended congregate care

617

facility.

618

     7.6. Before admission of an individual to a facility

619

licensed to provide extended congregate care services, the

620

individual must undergo a medical examination as provided in s.

621

429.26(4) and the facility must develop a preliminary service

622

plan for the individual as provided in s. 429.26.

623

     8.7. When a facility can no longer provide or arrange for

624

services in accordance with the resident's service plan and needs

625

and the facility's policy, the facility shall make arrangements

626

for relocating the person in accordance with s. 429.28(1)(k).

627

     9.8. Failure to provide extended congregate care services

628

may result in denial of extended congregate care license renewal.

629

     9. No later than January 1 of each year, the department, in

630

consultation with the agency, shall prepare and submit to the

631

Governor, the President of the Senate, the Speaker of the House

632

of Representatives, and the chairs of appropriate legislative

633

committees, a report on the status of, and recommendations

634

related to, extended congregate care services. The status report

635

must include, but need not be limited to, the following

636

information:

637

     a. A description of the facilities licensed to provide such

638

services, including total number of beds licensed under this

639

part.

640

     b. The number and characteristics of residents receiving

641

such services.

642

     c. The types of services rendered that could not be

643

provided through a standard license.

644

     d. An analysis of deficiencies cited during licensure

645

inspections.

646

     e. The number of residents who required extended congregate

647

care services at admission and the source of admission.

648

     f. Recommendations for statutory or regulatory changes.

649

     g. The availability of extended congregate care to state

650

clients residing in facilities licensed under this part and in

651

need of additional services, and recommendations for

652

appropriations to subsidize extended congregate care services for

653

such persons.

654

     h. Such other information as the department considers

655

appropriate.

656

     (c)  A limited nursing services license shall be issued to a

657

facility that provides services beyond those authorized in

658

paragraph (a) and as specified in this paragraph.

659

     1. To obtain a In order for limited nursing services

660

license to be provided in a facility licensed under this part,

661

the agency must first determine that all requirements established

662

in law and rule are met and must specifically designate, on the

663

facility's license, that such services may be provided. Such

664

designation may be made at the time of initial licensure or

665

relicensure, or upon request in writing by a licensee under this

666

part and part II of chapter 408. Notification of approval or

667

denial of such request shall be made in accordance with part II

668

of chapter 408. Existing

669

     2. Facilities applying for, and facilities currently

670

licensed qualifying to provide, limited nursing services must

671

shall have maintained a standard license and may not have been

672

subject to administrative sanctions that affect the health,

673

safety, and welfare of residents for the previous 2 years or

674

since initial licensure if the facility has been licensed for

675

less than 2 years.

676

     3.2. Facilities that are licensed to provide limited

677

nursing services shall maintain a written progress report on each

678

person who receives such nursing services, which report describes

679

the type, amount, duration, scope, and outcome of services that

680

are rendered and the general status of the resident's health. A

681

registered nurse representing the agency shall visit such

682

facilities at least twice a year to monitor residents who are

683

receiving limited nursing services and to determine if the

684

facility is in compliance with applicable provisions of this

685

part, part II of chapter 408, and related rules. The monitoring

686

visits may be provided through contractual arrangements with

687

appropriate community agencies. A registered nurse shall also

688

serve as part of the team that inspects the such facility.

689

     4.3. A person who receives limited nursing services under

690

this part must meet the admission criteria established by the

691

agency for assisted living facilities. If When a resident no

692

longer meets the admission criteria for a facility licensed under

693

this part, arrangements for relocating the person shall be made

694

in accordance with s. 429.28(1)(k), unless the facility is also

695

licensed to provide extended congregate care services.

696

     Section 12.  Effective April 1, 2009, section 429.174,

697

Florida Statutes, is amended to read:

698

     429.174  Background screening; exemptions.--

699

     (1) The owner or administrator of an assisted living

700

facility must conduct level 1 background screening, as set forth

701

in chapter 435, on all employees hired on or after October 1,

702

1998, who perform personal services or who have access to

703

resident living areas as defined in s. 429.02(16). The agency may

704

exempt an individual from employment disqualification as set

705

forth in s. 435.07 chapter 435. However, such person may not be

706

employed or resume employment pending the granting of an

707

exemption or until all appeals have been resolved in favor of the

708

person screened. A person employed before October 1, 1998, who is

709

determined to have a disqualifying offense occurring after

710

October 1, 1998, may continue employment pending the outcome of

711

an exemption request if such request is made within 30 days of

712

receipt of the results of the background screening. A person

713

employed before October 1, 1998, who is determined to have a

714

disqualifying offense before October 1, 1998, but does not have a

715

disqualifying offense after that date, is not required to submit

716

an exemption request pursuant to s. 435.07 and may continue his

717

or her employment. Employees Such persons shall be considered as

718

having met the screening requirements this requirement if:

719

     (a)(1) Proof of compliance with level 1 screening

720

requirements obtained to meet any professional license

721

requirements in this state is provided and accompanied, under

722

penalty of perjury, by a copy of the person's current

723

professional license and an affidavit of current compliance with

724

the background screening requirements.

725

     (b)(2) The person required to be screened has been

726

continuously employed in the same type of occupation for which

727

the person is seeking employment without a breach in service

728

which exceeds 180 days, and proof of compliance with the level 1

729

screening requirement which is no more than 2 years old is

730

provided. Proof of compliance shall be provided directly from one

731

employer or contractor to another, and not from the person

732

screened. Upon request, a copy of screening results shall be

733

provided by the employer retaining documentation of the screening

734

to the person screened.

735

     (c)(3) The person required to be screened is employed by a

736

corporation or business entity or related corporation or business

737

entity that owns, operates, or manages more than one facility or

738

agency licensed under this chapter, and for whom a level 1

739

screening was conducted by the corporation or business entity as

740

a condition of initial or continued employment.

741

742

Notwithstanding chapter 435, the agency may not provide to the

743

employer the results of background screening for offenses

744

occurring prior to October 1, 1998, for persons employed before

745

October 1, 1998, except for an absolute disqualifying offense.

746

For the purposes of this section, the term "absolute

747

disqualifying offense" means a felony offense pursuant to s.

748

787.01(3)(a); s. 787.02(3)(a); s. 787.025, s. 796.03; s. 796.035;

749

s. 800.04, except for crimes identified in ss. 800.04(7)(c) and

750

(d); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135(2) and

751

(3); s. 847.0137(2) and (3); and s. 847.0138(2) and (3); s.

752

847.0145; s. 796.045; or chapter 794. Notwithstanding s. 435.07,

753

a person who has been convicted of, or entered a plea of guilty

754

or nolo contendere, regardless of adjudication, to an absolute

755

disqualifying offense may not be granted an exemption from

756

disqualification from employment. The agency or an employer is

757

not required to rescreen or reevaluate qualifications for

758

employment of a person who was screened by that employer and

759

continuously employed before April 1, 2009.

760

     (2) Level 1 screening as provided in chapter 435 is

761

required for all contracted workers who are expected to, or whose

762

responsibilities may require them to, provide personal services

763

to residents. The facility shall maintain verification that such

764

contracted workers have been screened pursuant to this section.

765

The facility may either obtain a copy of the qualifying screening

766

results from the entity or receive an affidavit from the entity

767

which specifies that a background screen has been performed on

768

all contracted workers sent to the facility. A contracted worker

769

who does not provide personal services to residents is not

770

required to be screened pursuant to this section but must sign in

771

at the reception desk upon entering the facility, wear an

772

identification badge while on the premises, and sign out before

773

leaving the facility. The facility shall maintain a log

774

containing the information collected.

775

     (3) The person being screened is responsible for paying the

776

fees associated with obtaining the required screening. Payment

777

for the screening shall be submitted to the agency. The agency

778

shall establish a schedule of fees to cover the costs of level 1

779

and level 2 screening. Facilities may reimburse employees or

780

contracted workers for these costs. The Department of Law

781

Enforcement shall charge the agency for a level 1 or level 2

782

screening a rate sufficient to cover the costs of screening

783

pursuant to s. 943.053(3).

784

     Section 13.  Subsection (1) of section 429.255, Florida

785

Statutes, is amended to read:

786

     429.255  Use of personnel; emergency care.--

787

     (1)(a) Facility staff, including persons under contract to

788

the facility, facility employees staff, or volunteers, who are

789

licensed according to part I of chapter 464, or those persons

790

exempt under s. 464.022(1), and others as defined by rule, may

791

administer medications to residents, take residents' vital signs,

792

manage individual weekly pill organizers for residents who self-

793

administer medication, give prepackaged enemas ordered by a

794

physician, observe residents, document observations on the

795

appropriate resident's record, report observations to the

796

resident's physician, and contract or allow residents or a

797

resident's representative, designee, surrogate, guardian, or

798

attorney in fact to contract with a third party, provided

799

residents meet the criteria for appropriate placement as defined

800

in s. 429.26. Nursing assistants certified pursuant to part II of

801

chapter 464 may take residents' vital signs as directed by a

802

licensed nurse or physician.

803

     (b) Facility All staff, including persons under contract to

804

the facility and facility employees in facilities licensed under

805

this part shall exercise their professional responsibility to

806

observe residents, to document observations on the appropriate

807

resident's record, and to report the observations to the

808

resident's physician, and to provide needed services competently.

809

However, the owner or administrator of the facility is shall be

810

responsible for determining that the resident receiving services

811

is appropriate for residence in the facility and for the

812

provision of and quality of care and services provided to the

813

resident.

814

     (c)  In an emergency situation, licensed personnel may carry

815

out their professional duties pursuant to part I of chapter 464

816

until emergency medical personnel assume responsibility for care.

817

     Section 14.  Present subsections (8) through (12) of section

818

429.26, Florida Statutes, are renumbered as sections (6) through

819

(10), respectively, and present subsections (1) through (7) of

820

that section, are amended to read:

821

     429.26  Appropriateness of placements; examinations of

822

residents.--

823

     (1)  The owner or administrator of a facility is responsible

824

for determining the appropriateness of admission of an individual

825

to the facility and for determining the continued appropriateness

826

of residence of an individual in the facility. A determination

827

shall be based upon an assessment of the strengths, needs, and

828

preferences of the resident, the care and services offered or

829

arranged for by the facility in accordance with facility policy,

830

and any limitations in law or rule related to admission criteria

831

or continued residency for the type of license held by the

832

facility under this part. Except as provided in s. 429.28(1)(k),

833

a resident may not be moved from one facility to another without

834

consultation with and agreement from the resident or, if

835

applicable, the resident's representative or designee or the

836

resident's family, guardian, surrogate, or attorney in fact. If

837

In the case of a resident who has been placed by the department

838

or the Department of Children and Family Services, the

839

administrator must notify the appropriate contact person in the

840

applicable department.

841

     (2) A physician, physician assistant, or nurse practitioner

842

who is employed by an assisted living facility to provide an

843

initial examination for admission purposes may not have financial

844

interest in the facility.

845

     (3) Persons licensed under part I of chapter 464 who are

846

employed by or under contract with a facility shall, on a routine

847

basis or at least monthly, perform a nursing assessment of the

848

residents for whom they are providing nursing services ordered by

849

a physician, except administration of medication, and shall

850

document such assessment, including any substantial changes in a

851

resident's status which may necessitate relocation to a nursing

852

home, hospital, or specialized health care facility. Such records

853

shall be maintained in the facility for inspection by the agency

854

and shall be forwarded to the resident's case manager, if

855

applicable.

856

     (2)(4) If possible, each resident shall have been examined

857

by a licensed physician, a licensed physician assistant, or a

858

licensed nurse practitioner within 60 days before admission to

859

the facility. The person conducting an examination under this

860

subsection may not have financial interest in the facility. The

861

signed and completed medical examination report shall be

862

submitted to the owner or administrator of the facility who shall

863

use the information contained in the report therein to assist in

864

determining the determination of the appropriateness of the

865

resident's admission and continued stay in the facility and to

866

develop a plan for the provision of services for the resident.

867

The plan must be reviewed and updated annually; however, for a

868

resident receiving nursing services ordered by a physician,

869

except administration of medication, the plan must be reviewed

870

and updated quarterly and whenever a resident experiences a

871

significant change in condition. The medical examination report

872

and plan for services shall be reported on a single form provided

873

by the agency or a community supported-living plan for mental

874

health residents. The plan shall become a permanent part of the

875

record of the resident at the facility and shall be made

876

available to the agency during inspection or upon request. An

877

assessment that has been completed through the Comprehensive

878

Assessment and Review for Long-Term Care Services (CARES) Program

879

fulfills the requirements for a medical examination under this

880

subsection and s. 429.07(3)(b)6.

881

     (a)(5) Except as provided in s. 429.07, if a medical

882

examination has not been completed within 60 days before the

883

admission of the resident to the facility, medical personnel a

884

licensed physician, licensed physician assistant, or licensed

885

nurse practitioner shall examine the resident and complete a

886

medical examination form provided by the agency within 30 days

887

following the admission to the facility to enable the facility

888

owner or administrator to determine the appropriateness of the

889

admission. The medical examination form shall become a permanent

890

part of the record of the resident at the facility and shall be

891

made available to the agency during inspection by the agency or

892

upon request.

893

     (b)(6) Any resident accepted in a facility and placed by

894

the department or the Department of Children and Family Services

895

must be shall have been examined by medical personnel within 30

896

days before placement in the facility and recorded on a medical

897

examination form provided by the agency. The examination shall

898

include an assessment of the appropriateness of placement in a

899

facility. The findings of this examination shall be recorded on

900

the examination form provided by the agency. The completed form

901

shall accompany the resident and shall be submitted to the

902

facility owner or administrator. For Additionally, in the case of

903

a mental health resident, the Department of Children and Family

904

Services must provide documentation that the individual has been

905

assessed by a psychiatrist, clinical psychologist, clinical

906

social worker, or psychiatric nurse, or an individual who is

907

supervised by one of these professionals, and determined to be

908

appropriate to reside in an assisted living facility. The

909

documentation must be in the facility within 30 days after the

910

mental health resident has been admitted to the facility. An

911

evaluation completed upon discharge from a state mental hospital

912

meets the requirements of this subsection related to

913

appropriateness for placement as a mental health resident

914

providing it was completed within 90 days prior to admission to

915

the facility. The applicable department shall provide to the

916

facility administrator any information about the resident that

917

would help the administrator meet his or her responsibilities

918

under this section subsection (1). Further, department personnel

919

shall explain to the facility operator any special needs of the

920

resident and advise the operator whom to call should problems

921

arise. The applicable department shall advise and assist the

922

facility administrator where the special needs of residents who

923

are recipients of optional state supplementation require such

924

assistance.

925

     (3) Effective April 1, 2009, a search of the Department of

926

Law Enforcement's sexual offender database for each prospective

927

resident must be conducted by the facility before admission or

928

immediately after admission. The facility must maintain

929

verification that all residents have been screened. The

930

information obtained may be used by the facility to assess the

931

needs of the resident and the care and services offered or

932

arranged by the facility in accordance with this section. The

933

information obtained may be disclosed to other residents. The

934

facility does not have to rescreen a resident who is away from a

935

facility for not more than 45 days.

936

     (4) Persons licensed under part I of chapter 464 who are

937

employed by or under contract with a facility shall, at least

938

monthly, perform a nursing assessment of residents for whom they

939

are providing nursing services ordered by a physician, except

940

administration of medication, and shall document such assessment,

941

including any substantial change in a resident's status which may

942

necessitate relocation to a nursing home, hospital, or

943

specialized health care facility. The records must be maintained

944

in the facility for inspection by the agency and shall be

945

forwarded to the resident's case manager, if applicable.

946

     (5)(7) Residents shall be periodically assessed to

947

determine if the resident is capable of handling his or her

948

personal and financial affairs and, if not, whether a responsible

949

person such as a resident representative or designee, guardian,

950

surrogate, or attorney in fact is available to make decisions on

951

behalf of the resident. If a resident is having difficulty

952

handling his or her personal or financial affairs because of a

953

decline in health or cognitive abilities, the owner or

954

administrator shall contact the resident's representative or

955

designee, guardian, surrogate, or attorney in fact. If a resident

956

does not have family or a legal representative to make decisions

957

on his or her behalf, the owner or administrator must contact the

958

Florida Abuse Hotline. The facility must notify a licensed

959

physician when a resident exhibits signs of dementia or cognitive

960

impairment or has a change of condition in order to rule out the

961

presence of an underlying physiological condition that may be

962

contributing to such dementia or impairment. The notification

963

must occur within 30 days after the acknowledgment of such signs

964

by facility staff. If an underlying condition is determined to

965

exist, the facility shall arrange, with the appropriate health

966

care provider, the necessary care and services to treat the

967

condition.

968

     Section 15.  Subsections (3) through (8) of section 429.27,

969

Florida Statutes, are renumbered as subsections (6) through (11),

970

respectively, and subsections (1) and (2) of that section, are

971

amended to read:

972

     429.27  Property and personal affairs of residents.--

973

     (1)(a) A resident shall be given the option of using his or

974

her own belongings, as space permits; choosing his or her

975

roommate; and, whenever possible, unless the resident is

976

adjudicated incompetent or incapacitated under state law,

977

managing his or her own affairs.

978

     (2)(b) The admission of a resident to a facility does and

979

his or her presence therein shall not confer on the facility or

980

its owner, administrator, staff employees, or representatives any

981

authority to manage, use, or dispose of any property of the

982

resident or to make financial or health care decisions on behalf

983

of the resident; nor shall such admission or presence confer on

984

any of such persons any authority or responsibility for the

985

personal affairs of the resident, except if that which may be

986

necessary for the safe management of the facility or for the

987

safety of the resident.

988

     (3)(2) A facility, or an owner, administrator, staff

989

employee, or representative thereof, may not act as the

990

resident's representative or designee, guardian, health care

991

surrogate, trustee, or conservator for a any resident of the

992

assisted living facility or any of the such resident's property

993

unless the person is a relative of the resident.

994

     (4) A facility An owner, administrator, or staff member, or

995

representative thereof, may not act as a competent resident's

996

payee for social security, veteran's, or railroad benefits

997

without the consent of the resident. Any facility whose owner,

998

administrator, or staff, or representative thereof who, serves as

999

representative payee for a any resident must of the facility

1000

shall file a surety bond with the agency in an amount equal to

1001

twice the average monthly aggregate income or personal funds due

1002

to residents, or expendable for his or her their account, which

1003

are received by a facility.

1004

     (5) Any facility whose owner, administrator, or staff, or a

1005

representative thereof who, is granted power of attorney for a

1006

any resident must of the facility shall file a surety bond with

1007

the agency for each resident for whom such power of attorney is

1008

granted. The surety bond must shall be in an amount equal to

1009

twice the average monthly income of the resident, plus the value

1010

of any resident's property under the control of the attorney in

1011

fact. The bond must shall be executed by the facility as

1012

principal and a licensed surety company. The bond shall be

1013

conditioned upon the faithful compliance of the facility with

1014

this section and shall run to the agency for the benefit of any

1015

resident who suffers a financial loss as a result of the misuse

1016

or misappropriation by a facility of funds held pursuant to this

1017

subsection. Any surety company that cancels or does not renew the

1018

bond of any licensee shall notify the agency in writing not less

1019

than 30 days in advance of such action, giving the reason for the

1020

cancellation or nonrenewal. Any facility owner, administrator, or

1021

staff, or representative thereof, who is granted power of

1022

attorney for a any resident of the facility shall, on a monthly

1023

basis, be required to provide the resident with a written

1024

statement of any transaction made on behalf of the resident

1025

pursuant to this subsection, and a copy of such statement given

1026

to the resident shall be retained in each resident's file and

1027

available for agency inspection.

1028

     Section 16.  Paragraphs (k) and (l) of subsection (1),

1029

subsection (2), and paragraph (b) of subsection (3) of section

1030

429.28, Florida Statutes, are amended to read:

1031

     429.28  Resident bill of rights.--

1032

     (1)  No resident of a facility shall be deprived of any

1033

civil or legal rights, benefits, or privileges guaranteed by law,

1034

the Constitution of the State of Florida, or the Constitution of

1035

the United States as a resident of a facility. Every resident of

1036

a facility shall have the right to:

1037

     (k) Receive at least 45 days' written notice of relocation

1038

or termination of residency from the licensee as provided in s.

1039

429.285, unless the relocation or termination of residency is

1040

initiated by the resident or the resident designee; facility

1041

unless, for medical reasons, the resident is certified by a

1042

physician to require an emergency relocation to a facility

1043

providing a more skilled level of care; or the resident engages

1044

in a pattern of conduct that is harmful or offensive to other

1045

residents. In the case of a resident who has been adjudicated

1046

mentally incapacitated, the guardian shall be given at least 45

1047

days' notice of a nonemergency relocation or residency

1048

termination. Reasons for relocation shall be set forth in

1049

writing. In order for a licensee facility to terminate the

1050

residency of an individual without notice as provided in this

1051

paragraph herein, the licensee facility shall show good cause in

1052

a court of competent jurisdiction. Admission to a facility

1053

licensed under this part may not be conditioned upon a waiver of

1054

such right, and any document or provision in a document that

1055

purports to waive or preclude such right is void and

1056

unenforceable.

1057

     (l)  Present grievances and recommend changes in policies,

1058

procedures, and services to the staff of the facility, governing

1059

officials, or any other person without restraint, interference,

1060

coercion, discrimination, or reprisal. Each licensee facility

1061

shall establish a written grievance procedure to facilitate the

1062

residents' exercise of this right. This right includes access to

1063

ombudsman volunteers and advocates and the right to be a member

1064

of, to be active in, and to associate with advocacy or special

1065

interest groups. Each licensee shall maintain a written log of

1066

grievances that shall be available for inspection and shall be

1067

maintained for at least 2 years. Residents may provide verbal or

1068

written grievances.

1069

     (2)  The administrator of a facility shall ensure that a

1070

written notice of the rights, obligations, and prohibitions set

1071

forth in this part is posted in a prominent place in each

1072

facility and read or explained to residents who cannot read. This

1073

notice shall include the name, address, and telephone numbers of

1074

the local ombudsman council and central abuse hotline and, when

1075

applicable, the Advocacy Center for Persons with Disabilities,

1076

Inc., and the Florida local advocacy council, where complaints

1077

may be lodged. The licensee facility must ensure a resident's

1078

access to a telephone to call the local ombudsman council,

1079

central abuse hotline, Advocacy Center for Persons with

1080

Disabilities, Inc., and the Florida local advocacy council.

1081

     (3)

1082

     (b) In order to determine whether the licensee facility is

1083

adequately protecting residents' rights, the biennial survey

1084

shall include private informal conversations with a sample of

1085

residents and consultation with the ombudsman council in the

1086

planning and service area in which the facility is located to

1087

discuss residents' experiences within the facility.

1088

     Section 17.  Section 429.285, Florida Statutes, is created

1089

to read:

1090

     429.285 Resident relocation or termination of residency;

1091

requirements and procedures.--

1092

     (1) A facility licensed under this part must permit a

1093

resident to remain in the facility. Relocation or termination of

1094

residency of a resident may not occur unless:

1095

     (a) The relocation or termination of residency is necessary

1096

for the resident's welfare and the resident's needs cannot be met

1097

in the facility;

1098

     (b) The relocation or termination of residency is

1099

appropriate because the resident's health has improved

1100

sufficiently so that the resident no longer needs the services

1101

provided by the facility;

1102

     (c) The health and safety of other residents or facility

1103

employees would be endangered;

1104

     (d) The resident has failed, after at least 30 days'

1105

notice, to provide payment for his or her stay in the facility;

1106

     (e) The facility ceases to operate;

1107

     (f) There is a documented pattern of harmful and offensive

1108

behavior by the resident; or

1109

     (g) The contract provided for under s. 429.24(1) between

1110

the licensee and the resident expires on its own terms.

1111

     (2) When a relocation or termination of residency is

1112

initiated by the licensee, the administrator that is relocating

1113

the resident or terminating residency, or an individual employed

1114

by the facility who is designated by the administrator to act on

1115

behalf of the administration, must sign the notice of relocation

1116

or termination of residency. Any notice indicating a medical

1117

reason for relocation or termination of residency must be signed

1118

by the resident's physician or include an attached physician's

1119

written order for the relocation or termination of residency.

1120

     (3) At least 45 days prior to a proposed relocation or

1121

termination of residency, a licensee must provide by certified

1122

mail advance written notice of the proposed relocation or

1123

termination of residency to the resident and, if known, to a

1124

family member or the resident's legal guardian or representative.

1125

     (4) The notice must be in writing and contain all

1126

information required by state and federal laws, rules, and

1127

regulations. A copy of the notice must be placed in the

1128

resident's file. The agency shall develop a standard form to be

1129

used by all facilities licensed under this part for purposes of

1130

notifying residents of a relocation or termination of residency.

1131

In addition to any other pertinent information included, the form

1132

shall:

1133

     (a) Specify the reason allowed under state law justifying

1134

the relocation or termination of the residency, with an

1135

explanation to support this action.

1136

     (b) State the effective date of the relocation or

1137

termination of residency and the location to which the resident

1138

is being relocated.

1139

     (c) Include the right and means to request the local long-

1140

term care ombudsman council to review the notice of relocation or

1141

termination of residency.

1142

     (5) A relocation or termination of residency notice

1143

initiated by a licensee must be reported to the Office of State

1144

Long-Term Care Ombudsman by mail, electronic mail, or facsimile

1145

within 5 business days after a resident's receipt of a notice to

1146

relocate or terminate residency. The Office of State Long-Term

1147

Care Ombudsman shall compile and publish the information

1148

collected from such notices in the annual report required by s.

1149

400.0065(2)(i). A resident may request that the local long-term

1150

care ombudsman council review any notice of relocation or

1151

termination of residency given to the resident. When requested by

1152

a resident to review such notice, the local long-term care

1153

ombudsman council shall do so within 5 business days after

1154

receipt of the request.

1155

     (6) In the event of an emergency relocation or termination

1156

of residency, as provided under s. 429.28(1)(k), notice shall be

1157

provided to the resident, the resident's legal guardian or

1158

representative, and the local long-term care ombudsman council by

1159

telephone or in person. The written notice shall be given before

1160

the relocation or termination of residency, if possible, and no

1161

later than 5 business days after the relocation or termination of

1162

residency. A local long-term care ombudsman council conducting a

1163

review under this section shall do so within 2 business days

1164

after receipt of the request. The resident's file must include

1165

documentation indicating who was contacted, whether the contact

1166

was by telephone or in person, and the date and time of the

1167

contact.

1168

     (7) After receipt of a notice required under this section,

1169

the local long-term care ombudsman council may request a private

1170

informal conversation with a resident to whom the notice is

1171

directed, and, if known, a family member or the resident's legal

1172

guardian or representative, to ensure that the licensee is

1173

proceeding with the relocation or termination of residency in

1174

accordance with the requirements of this section.

1175

     (8) The agency may adopt rules pursuant to ss. 120.536(1)

1176

and 120.54 to administer this section.

1177

     Section 18.  Subsection (1) of section 429.294, Florida

1178

Statutes, is amended to read:

1179

     429.294  Availability of facility records for investigation

1180

of resident's rights violations and defenses; penalty.--

1181

     (1)  Failure to provide complete copies of a resident's

1182

records, including, but not limited to, all medical records and

1183

the resident's chart, within the control or possession of the

1184

facility within 10 days, in accordance with the provisions of s.

1185

400.145, shall constitute evidence of failure of that party to

1186

comply with good faith discovery requirements and shall waive the

1187

good faith certificate and presuit notice requirements under this

1188

part by the requesting party.

1189

     Section 19.  Section 429.34, Florida Statutes, is amended to

1190

read:

1191

     429.34  Right of entry and inspection.--In addition to the

1192

requirements of s. 408.811:,

1193

     (1) Any duly designated officer or employee of the

1194

department, the Department of Children and Family Services, the

1195

Medicaid Fraud Control Unit of the Office of the Attorney

1196

General, the state or local fire marshal, or a member of the

1197

state or local long-term care ombudsman council shall have the

1198

right to enter unannounced upon and into the premises of any

1199

facility licensed pursuant to this part in order to determine the

1200

state of compliance with the provisions of this part, part II of

1201

chapter 408, and applicable rules. Data collected by the state or

1202

local long-term care ombudsman councils or the state or local

1203

advocacy councils may be used by the agency in investigations

1204

involving violations of regulatory standards.

1205

     (2) Every 24 months the agency shall conduct at least one

1206

unannounced inspection to determine compliance with this chapter

1207

and related rules, including minimum standards of quality and

1208

adequacy of care and the rights of residents. Two additional

1209

surveys shall be conducted every 6 months for the next year if

1210

the facility has been cited for a class I deficiency or two or

1211

more class II deficiencies arising from separate surveys or

1212

investigations within a 60-day period. In addition to any fines

1213

imposed on a facility under s. 429.19, the agency shall assess a

1214

fine of $69 per bed for each of the additional two surveys, not

1215

to exceed $12,000 each. The agency shall adjust this fine by the

1216

change in the Consumer Price Index, based on the 12 months

1217

immediately preceding the change, to cover the cost of the

1218

additional two surveys. The agency shall verify through

1219

subsequent inspections that any deficiency identified during an

1220

inspection is corrected. However, the agency may verify the

1221

correction of a class III or class IV deficiency unrelated to

1222

resident rights or resident care without reinspecting the

1223

facility if adequate written documentation has been received from

1224

the facility which provides assurance that the deficiency has

1225

been corrected.

1226

     Section 20.  Present subsection (14) of section 429.65,

1227

Florida Statutes, is renumbered as subsection (15), and a new

1228

subsection (14) is added to that section, to read:

1229

     429.65  Definitions.--As used in this part, the term:

1230

     (14) "Reside" means the licensee or applicant lives in the

1231

adult family care home as a primary residence. For purposes of

1232

this part, any two of the following documents that include the

1233

adult family care home address and the name of the licensee or

1234

applicant may be accepted by the agency as proof that the

1235

licensee or applicant resides in the adult family care home:

1236

     (a) Homestead exemption documentation;

1237

     (b) Lease or rental agreement accompanied by a

1238

corresponding utility bill; or

1239

     (c) Personal identification issued by a state or federal

1240

agency.

1241

     Section 21.  Subsection (4) of section 429.67, Florida

1242

Statutes, is amended to read:

1243

     429.67  Licensure.--

1244

     (4)  Upon receipt of a completed license application or

1245

license renewal, and the fee, the agency shall initiate a level 1

1246

background screening as provided under chapter 435 on the adult

1247

family-care home provider, the designated relief person, all

1248

adult household members, and all staff members, and any other

1249

person who provides personal services to residents or who have

1250

routine access to the adult family-care home.

1251

     (a)  Proof of compliance with level 1 screening standards

1252

which has been submitted within the previous 5 years to meet any

1253

facility or professional licensure requirements of the agency or

1254

the Department of Health satisfies the requirements of this

1255

subsection. Such proof must be accompanied, under penalty of

1256

perjury, by a copy of the person's current professional license

1257

and an affidavit of current compliance with the background

1258

screening requirements.

1259

     (b)  The person required to be screened must have been

1260

continuously employed in the same type of occupation for which

1261

the person is seeking employment without a breach in service that

1262

exceeds 180 days, and proof of compliance with the level 1

1263

screening requirement which is no more than 2 years old must be

1264

provided. Proof of compliance shall be provided directly from one

1265

employer or contractor to another, and not from the person

1266

screened. Upon request, a copy of screening results shall be

1267

provided to the person screened by the employer retaining

1268

documentation of the screening.

1269

     Section 22.  Subsection (3) is added to section 429.69,

1270

Florida Statutes, to read:

1271

     429.69  Denial, revocation, and suspension of a license.--In

1272

addition to the requirements of part II of chapter 408, the

1273

agency may deny, suspend, and revoke a license for any of the

1274

following reasons:

1275

     (3) Failure of the adult family-care home provider who owns

1276

or rents the home to live in the home.

1277

     Section 23.  Paragraph (b) of subsection (1) of section

1278

429.73, Florida Statutes, is amended to read:

1279

     429.73  Rules and standards relating to adult family-care

1280

homes.--

1281

     (1)  The agency, in consultation with the department, may

1282

adopt rules to administer the requirements of part II of chapter

1283

408. The department, in consultation with the Department of

1284

Health, the Department of Children and Family Services, and the

1285

agency shall, by rule, establish minimum standards to ensure the

1286

health, safety, and well-being of each resident in the adult

1287

family-care home pursuant to this part. The rules must address:

1288

     (b)  Services that must be provided to all residents of an

1289

adult family-care home and standards for such services, which

1290

must include, but need not be limited to:

1291

     1.  Room and board.

1292

     2.  Assistance necessary to perform the activities of daily

1293

living.

1294

     3.  Assistance necessary to administer medication.

1295

     4.  Supervision of residents.

1296

     5. Health monitoring, including periodic assessments to

1297

determine if the resident is competent to handle his or her

1298

personal and financial affairs and, if not, whether a responsible

1299

person such as a guardian, surrogate, or attorney in fact is

1300

available to make decisions on behalf of the resident.

1301

     6.  Social and leisure activities.

1302

     Section 24.  Effective April 1, 2009, subsections (2) and

1303

(3) of section 435.03, Florida Statutes, are amended to read:

1304

     435.03  Level 1 screening standards.--

1305

     (2)  Any person for whom employment screening is required by

1306

statute must not have been convicted of found guilty of,

1307

regardless of adjudication, or entered a plea of guilty or nolo

1308

contendere or guilty to, regardless of adjudication, to any

1309

offense prohibited under any of the following provisions of the

1310

Florida statutes or under any similar statute of another

1311

jurisdiction:

1312

     (a)  Section 393.135, relating to sexual misconduct with

1313

certain developmentally disabled clients and reporting of such

1314

sexual misconduct.

1315

     (b)  Section 394.4593, relating to sexual misconduct with

1316

certain mental health patients and reporting of such sexual

1317

misconduct.

1318

     (c)  Section 415.111, relating to abuse, neglect, or

1319

exploitation of a vulnerable adult.

1320

     (d)  Section 782.04, relating to murder.

1321

     (e)  Section 782.07, relating to manslaughter, aggravated

1322

manslaughter of an elderly person or disabled adult, or

1323

aggravated manslaughter of a child.

1324

     (f)  Section 782.071, relating to vehicular homicide.

1325

     (g)  Section 782.09, relating to killing of an unborn quick

1326

child by injury to the mother.

1327

     (h)  Section 784.011, relating to assault, if the victim of

1328

the offense was a minor.

1329

     (i)  Section 784.021, relating to aggravated assault.

1330

     (j)  Section 784.03, relating to battery, if the victim of

1331

the offense was a minor.

1332

     (k)  Section 784.045, relating to aggravated battery.

1333

     (l)  Section 787.01, relating to kidnapping.

1334

     (m)  Section 787.02, relating to false imprisonment.

1335

     (n)  Section 794.011, relating to sexual battery.

1336

     (o)  Former s. 794.041, relating to prohibited acts of

1337

persons in familial or custodial authority.

1338

     (p)  Chapter 796, relating to prostitution.

1339

     (q)  Section 798.02, relating to lewd and lascivious

1340

behavior.

1341

     (r)  Chapter 800, relating to lewdness and indecent

1342

exposure.

1343

     (s)  Section 806.01, relating to arson.

1344

     (t)  Chapter 812, relating to theft, robbery, and related

1345

crimes, if the offense was a felony.

1346

     (u)  Section 817.563, relating to fraudulent sale of

1347

controlled substances, only if the offense was a felony.

1348

     (v)  Section 825.102, relating to abuse, aggravated abuse,

1349

or neglect of an elderly person or disabled adult.

1350

     (w)  Section 825.1025, relating to lewd or lascivious

1351

offenses committed upon or in the presence of an elderly person

1352

or disabled adult.

1353

     (x)  Section 825.103, relating to exploitation of an elderly

1354

person or disabled adult, if the offense was a felony.

1355

     (y)  Section 826.04, relating to incest.

1356

     (z)  Section 827.03, relating to child abuse, aggravated

1357

child abuse, or neglect of a child.

1358

     (aa)  Section 827.04, relating to contributing to the

1359

delinquency or dependency of a child.

1360

     (bb)  Former s. 827.05, relating to negligent treatment of

1361

children.

1362

     (cc)  Section 827.071, relating to sexual performance by a

1363

child.

1364

     (dd)  Chapter 847, relating to obscene literature.

1365

     (ee)  Chapter 893, relating to drug abuse prevention and

1366

control, only if the offense was a felony or if any other person

1367

involved in the offense was a minor.

1368

     (ff)  Section 916.1075, relating to sexual misconduct with

1369

certain forensic clients and reporting of such sexual misconduct.

1370

     (3)  Standards must also ensure that the person:

1371

     (a) Has not been convicted of, or entered a plea of guilty

1372

or nolo contendere to, regardless of adjudication, offenses

1373

prohibited under any of the following statutes or under any

1374

similar statute of another jurisdiction, if he or she is an

1375

employee or employer For employees and employers licensed or

1376

registered pursuant to chapter 393, chapter 400, part II of

1377

chapter 408, or chapter 429, or an employee or employer at a and

1378

for employees and employers of developmental disabilities

1379

institutions as defined in s. 393.063, intermediate care

1380

facilities for the developmentally disabled as defined in s.

1381

400.960, and mental health treatment facility facilities as

1382

defined in s. 394.455, meets the requirements of this chapter.

1383

     1. Sections 409.920 and 409.9201, relating to Medicaid

1384

fraud.

1385

     2. Chapter 429, relating to assisted care communities.

1386

     3. Chapter 784, relating to assault, battery, and culpable

1387

negligence, if the offense is a felony.

1388

     4. Section 810.02, relating to burglary, if the offense is

1389

a felony.

1390

     5. Section 817.034, relating to communications fraud.

1391

     6. Section 817.234, relating to fraudulent insurance

1392

claims.

1393

     7. Section 817.505, relating to patient brokering.

1394

     8. Section 817.568, relating to identification theft.

1395

     9. Sections 817.60 and 817.61, relating to credit cards, if

1396

the offense is a felony.

1397

     10. Sections 831.01, 831.02, 831.07, 831.09, 831.30, and

1398

831.31 relating to forgery, uttering, and counterfeiting.

1399

     (b)  Has not committed an act that constitutes domestic

1400

violence as defined in s. 741.28.

1401

     Section 25.  Effective April 1, 2009, subsections (2) and

1402

(4) of section 435.04, Florida Statutes, are amended to read:

1403

     435.04  Level 2 screening standards.--

1404

     (2)  The security background investigations under this

1405

section must ensure that no persons subject to the provisions of

1406

this section have been convicted found guilty of, regardless of

1407

adjudication, or entered a plea of guilty or nolo contendere or

1408

guilty to, regardless of adjudication, to any offense prohibited

1409

under any of the following provisions of the Florida statutes or

1410

under any similar statute of another jurisdiction:

1411

     (a)  Section 393.135, relating to sexual misconduct with

1412

certain developmentally disabled clients and reporting of such

1413

sexual misconduct.

1414

     (b)  Section 394.4593, relating to sexual misconduct with

1415

certain mental health patients and reporting of such sexual

1416

misconduct.

1417

     (c)  Section 415.111, relating to adult abuse, neglect, or

1418

exploitation of aged persons or disabled adults.

1419

     (d)  Section 782.04, relating to murder.

1420

     (e)  Section 782.07, relating to manslaughter, aggravated

1421

manslaughter of an elderly person or disabled adult, or

1422

aggravated manslaughter of a child.

1423

     (f)  Section 782.071, relating to vehicular homicide.

1424

     (g)  Section 782.09, relating to killing of an unborn quick

1425

child by injury to the mother.

1426

     (h)  Section 784.011, relating to assault, if the victim of

1427

the offense was a minor.

1428

     (i)  Section 784.021, relating to aggravated assault.

1429

     (j)  Section 784.03, relating to battery, if the victim of

1430

the offense was a minor.

1431

     (k)  Section 784.045, relating to aggravated battery.

1432

     (l)  Section 784.075, relating to battery on a detention or

1433

commitment facility staff.

1434

     (m)  Section 787.01, relating to kidnapping.

1435

     (n)  Section 787.02, relating to false imprisonment.

1436

     (o)  Section 787.04(2), relating to taking, enticing, or

1437

removing a child beyond the state limits with criminal intent

1438

pending custody proceedings.

1439

     (p)  Section 787.04(3), relating to carrying a child beyond

1440

the state lines with criminal intent to avoid producing a child

1441

at a custody hearing or delivering the child to the designated

1442

person.

1443

     (q)  Section 790.115(1), relating to exhibiting firearms or

1444

weapons within 1,000 feet of a school.

1445

     (r)  Section 790.115(2)(b), relating to possessing an

1446

electric weapon or device, destructive device, or other weapon on

1447

school property.

1448

     (s)  Section 794.011, relating to sexual battery.

1449

     (t)  Former s. 794.041, relating to prohibited acts of

1450

persons in familial or custodial authority.

1451

     (u)  Chapter 796, relating to prostitution.

1452

     (v)  Section 798.02, relating to lewd and lascivious

1453

behavior.

1454

     (w)  Chapter 800, relating to lewdness and indecent

1455

exposure.

1456

     (x)  Section 806.01, relating to arson.

1457

     (y)  Chapter 812, relating to theft, robbery, and related

1458

crimes, if the offense is a felony.

1459

     (z)  Section 817.563, relating to fraudulent sale of

1460

controlled substances, only if the offense was a felony.

1461

     (aa)  Section 825.102, relating to abuse, aggravated abuse,

1462

or neglect of an elderly person or disabled adult.

1463

     (bb)  Section 825.1025, relating to lewd or lascivious

1464

offenses committed upon or in the presence of an elderly person

1465

or disabled adult.

1466

     (cc)  Section 825.103, relating to exploitation of an

1467

elderly person or disabled adult, if the offense was a felony.

1468

     (dd)  Section 826.04, relating to incest.

1469

     (ee)  Section 827.03, relating to child abuse, aggravated

1470

child abuse, or neglect of a child.

1471

     (ff)  Section 827.04, relating to contributing to the

1472

delinquency or dependency of a child.

1473

     (gg)  Former s. 827.05, relating to negligent treatment of

1474

children.

1475

     (hh)  Section 827.071, relating to sexual performance by a

1476

child.

1477

     (ii)  Section 843.01, relating to resisting arrest with

1478

violence.

1479

     (jj)  Section 843.025, relating to depriving a law

1480

enforcement, correctional, or correctional probation officer

1481

means of protection or communication.

1482

     (kk)  Section 843.12, relating to aiding in an escape.

1483

     (ll)  Section 843.13, relating to aiding in the escape of

1484

juvenile inmates in correctional institutions.

1485

     (mm)  Chapter 847, relating to obscene literature.

1486

     (nn)  Section 874.05(1), relating to encouraging or

1487

recruiting another to join a criminal gang.

1488

     (oo)  Chapter 893, relating to drug abuse prevention and

1489

control, only if the offense was a felony or if any other person

1490

involved in the offense was a minor.

1491

     (pp)  Section 916.1075, relating to sexual misconduct with

1492

certain forensic clients and reporting of such sexual misconduct.

1493

     (qq)  Section 944.35(3), relating to inflicting cruel or

1494

inhuman treatment on an inmate resulting in great bodily harm.

1495

     (rr)  Section 944.46, relating to harboring, concealing, or

1496

aiding an escaped prisoner.

1497

     (ss)  Section 944.47, relating to introduction of contraband

1498

into a correctional facility.

1499

     (tt)  Section 985.701, relating to sexual misconduct in

1500

juvenile justice programs.

1501

     (uu)  Section 985.711, relating to contraband introduced

1502

into detention facilities.

1503

     (4)  Standards must also ensure that the person:

1504

     (a) Has not been convicted of, or entered a plea of guilty

1505

or nolo contendere to, regardless of adjudication, offenses

1506

prohibited under any of the following statutes or under any

1507

similar statute of another jurisdiction, if he or she is an

1508

employee or employer For employees or employers licensed or

1509

registered pursuant to chapter 393, chapter 400, part II of

1510

chapter 408, or chapter 429, or an employee or employer at a

1511

mental health treatment facility as defined in s. 394.455 does

1512

not have a confirmed report of abuse, neglect, or exploitation as

1513

defined in s. 415.102(6), which has been uncontested or upheld

1514

under s. 415.103.

1515

     1. Sections 409.920 and 409.9201, relating to Medicaid

1516

fraud.

1517

     2. Chapter 429, relating to assisted care communities.

1518

     3. Chapter 784, relating to assault, battery, and culpable

1519

negligence, if the offense is a felony.

1520

     4. Section 810.02, relating to burglary, if the offense is

1521

a felony.

1522

     5. Section 817.034, relating to communications fraud.

1523

     6. Section 817.234, relating to fraudulent insurance

1524

claims.

1525

     7. Section 817.505, relating to patient brokering.

1526

     8. Section 817.568, relating to identification theft.

1527

     9. Sections 817.60 and 817.61, relating to credit cards, if

1528

the offense is a felony.

1529

     10. Sections 831.01, 831.02, 831.07, 831.09, 831.30, and

1530

831.31 relating to forgery, uttering, and counterfeiting.

1531

     (b)  Has not committed an act that constitutes domestic

1532

violence as defined in s. 741.28 s. 741.30.

1533

     (c) Does not have a confirmed report of abuse, neglect, or

1534

exploitation which has been uncontested or upheld under s.

1535

415.103, if the person is an employee of a developmental

1536

disabilities institution as defined in s. 393.063.

1537

     Section 26. Subsection (13) of section 400.141, subsection

1538

(3) of section 408.809, subsection (2) of section 429.08, and

1539

subsection (5) of section 429.41, Florida Statutes, are repealed.

1540

     Section 27.  Paragraph (h) of subsection (3) of section

1541

430.80, Florida Statutes, is amended to read:

1542

     430.80  Implementation of a teaching nursing home pilot

1543

project.--

1544

     (3)  To be designated as a teaching nursing home, a nursing

1545

home licensee must, at a minimum:

1546

     (h) Maintain insurance coverage pursuant to s. 400.141(19)

1547

s. 400.141(20) or proof of financial responsibility in a minimum

1548

amount of $750,000. Such Proof of financial responsibility may

1549

include:

1550

     1.  Maintaining an escrow account consisting of cash or

1551

assets eligible for deposit in accordance with s. 625.52; or

1552

     2. Obtaining and maintaining, pursuant to chapter 675, an

1553

unexpired, irrevocable, nontransferable and nonassignable letter

1554

of credit issued by a any bank or savings association organized

1555

and existing under the laws of this state or a any bank or

1556

savings association organized under the laws of the United States

1557

that has its principal place of business in this state or has a

1558

branch office which is authorized to receive deposits in this

1559

state. The letter of credit shall be used to satisfy the

1560

obligation of the facility to the claimant upon presentment of a

1561

final judgment indicating liability and awarding damages to be

1562

paid by the facility or upon presentment of a settlement

1563

agreement signed by all parties if the to the agreement when such

1564

final judgment or settlement is a result of a liability claim

1565

against the facility.

1566

     Section 28.  Subsection (13) of section 651.118, Florida

1567

Statutes, is amended to read:

1568

     651.118  Agency for Health Care Administration; certificates

1569

of need; sheltered beds; community beds.--

1570

     (13) Residents, as defined in this chapter, are not

1571

considered new admissions for the purpose of s. 400.141(14)(d) s.

1572

400.141(15)(d).

1573

     Section 29. The sum of $241,274 is appropriated to the

1574

Agency for Health Care Administration from the Health Care Trust

1575

Fund for the 2008-2009 fiscal year, and 8.5 full-time equivalent

1576

positions along with an associated salary rate of 298,721 are

1577

authorized for the purpose of implementing the provisions of this

1578

act.

1579

     Section 30.  Except as otherwise expressly provided in this

1580

act, this act shall take effect October 1, 2008.

1581

1582

================ T I T L E  A M E N D M E N T ================

1583

And the title is amended as follows:

1584

     Delete line(s) 527-571

1585

and insert:

1586

A bill to be entitled

1587

An act relating to adult protection and care; amending s.

1588

322.142, F.S.; authorizing the Department of Children and

1589

Family Services to obtain copies of driver's license files

1590

maintained by the Department of Highway Safety and Motor

1591

Vehicles for the purpose of conducting protective

1592

investigations; amending s. 400.141, F.S.; requiring a

1593

search of the Department of Law Enforcement's sexual

1594

offender database to be conducted on all nursing home

1595

residents; amending s. 400.19, F.S.; revising provisions

1596

relating to unannounced inspections; amending s. 400.215,

1597

F.S.; requiring contracted workers employed in a nursing

1598

home to submit to background screening; prohibiting

1599

employees and contracted workers who do not meet

1600

background screening requirements from being employed in a

1601

nursing home; providing certain exceptions; deleting an

1602

obsolete provision; amending s. 408.809, F.S.; requiring

1603

the agency to establish a fee schedule to cover the cost

1604

of a level 1 or level 2 screening and giving the agency

1605

rulemaking authority; amending s. 408.810, F.S.; requiring

1606

health care facilities regulated by the Agency for Health

1607

Care Administration to post certain information in the

1608

facility; requiring the agency to have the information

1609

available on its website; amending s. 408.811, F.S.;

1610

providing that agency employees who provide advance notice

1611

of unannounced agency inspections are subject to

1612

suspension; providing a timeline and process for

1613

correction of deficiencies; providing that the agency may

1614

provide electronic access to documents; amending s.

1615

415.103, F.S.; requiring certain reports to the central

1616

abuse hotline relating to vulnerable adults to be

1617

immediately transferred to the county sheriff's office;

1618

amending s. 415.1051, F.S.; authorizing the Department of

1619

Children and Family Services to file the petition to

1620

determine incapacity in adult protection proceedings;

1621

prohibiting the department from serving as the guardian or

1622

providing legal counsel to the guardian; amending s.

1623

415.112, F.S.; specifying rules to be adopted by the

1624

Department of Children and Family Services relating to

1625

adult protective services under ch. 415, F.S.; amending s.

1626

429.07, F.S.; providing that license requirements for

1627

specialty licenses apply to current licensees as well as

1628

applicants for an extended congregate care and limited

1629

nursing license; conforming a cross-reference; amending s.

1630

429.174, F.S.; requiring certain employees and contracted

1631

workers in assisted living facilities to submit to

1632

background screening; prohibiting employees and contracted

1633

workers who do not meet background screening requirements

1634

from being employed in an assisted living facility;

1635

providing certain exceptions; requiring the person being

1636

screened to pay for the cost of screening; amending s.

1637

429.255, F.S.; providing that the owner or administrator

1638

of an assisted living facility is responsible for the

1639

services provided in the facility; amending s. 429.26,

1640

F.S.; clarifying a prohibition on moving a resident;

1641

providing for the development of a plan for services for

1642

all residents; requiring that the plan be updated and

1643

reviewed periodically; requiring a search of the

1644

Department of Law Enforcement's sexual offender database

1645

to be conducted on all residents of an assisted living

1646

facility; requiring residents to be periodically assessed

1647

for competency to handle personal affairs; amending s.

1648

429.27, F.S.; prohibiting assisted living facility

1649

personnel from making certain decisions for a resident or

1650

acting as the resident's representative or surrogate;

1651

amending s. 429.28, F.S.; revising and specifying certain

1652

conditions in an assisted living facility's resident bill

1653

of rights for a resident's relocation or termination of

1654

residency; creating s. 429.285, F.S.; prohibiting resident

1655

relocation or termination of residency in the absence of

1656

certain specified conditions; requiring the administrator

1657

or employee of a facility to sign a notice of relocation

1658

or termination of residency and requiring a physician's

1659

signature under certain circumstances; requiring a

1660

licensee to provide advance written notice to the resident

1661

and other specified persons regarding relocation or

1662

termination of residency; providing that the notice

1663

contain certain information; providing for the creation of

1664

a form to submit relocation or termination of residency

1665

information and specifying information to be included

1666

therein; requiring a licensee to report relocation or

1667

termination of residency to the Office of State Long-term

1668

Care Ombudsman within a certain timeframe; permitting

1669

residents to seek the assistance of the local long-term

1670

care ombudsmen council in reviewing a notice of relocation

1671

or termination of residency; providing for emergency

1672

relocation and termination of residency; permitting the

1673

local long-term care ombudsmen council to request private

1674

informal contact with a resident upon receipt of a notice

1675

of relocation or termination of residency; authorizing the

1676

agency to adopt rules; amending s. 429.294, F.S.; deleting

1677

a cross-reference; amending s. 429.34, F.S.; providing for

1678

unannounced inspections; providing for additional 6-month

1679

inspections for certain violations; providing for an

1680

additional fine for 6-month inspections; amending s.

1681

429.65, F.S.; providing a definition of the term "reside";

1682

amending s. 429.67, F.S.; expanding the list of persons

1683

who must have a background screening in adult family-care

1684

homes; amending s. 429.69, F.S.; providing that the

1685

failure of a adult family-care home provider to live in

1686

the home is grounds for the denial, revocation, or

1687

suspension of a license; amending s. 429.73, F.S.;

1688

requiring adult family-care home residents to be

1689

periodically assessed for competency to handle personal

1690

affairs; amending ss. 435.03 and 435.04, F.S.; providing

1691

additional criminal offenses for screening certain health

1692

care facility personnel; repealing s. 400.141(13), F.S.,

1693

relating to a requirement to post certain information in

1694

nursing homes; repealing s. 408.809(3), F.S., relating to

1695

the granting of a provisional license while awaiting the

1696

results of a background screening; repealing s. 429.08(2),

1697

F.S., deleting a provision relating to local workgroups of

1698

field offices of the Agency for Health Care

1699

Administration; repealing s. 429.41(5), F.S., relating to

1700

agency inspections; amending ss. 430.80 and 651.118, F.S.;

1701

conforming cross-references; providing an appropriation

1702

and authorizing additional positions; providing effective

1703

dates.

4/30/2008  12:29:00 PM     10-09096A-08