Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1419, 1st Eng.
       
       
       
       
       
       
                                Barcode 941548                          
       
                              LEGISLATIVE ACTION                        
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       Senator Storms moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1539 and 1540
    4  insert:
    5         Section 34. Subsection (1) of section 400.145, Florida
    6  Statutes, is amended to read:
    7         400.145 Records of care and treatment of resident; copies
    8  to be furnished.—
    9         (1) Unless expressly prohibited by a legally competent
   10  resident, any nursing home licensed pursuant to this part shall
   11  furnish to the spouse, parent, adult child, adult sibling, adult
   12  grandchild, any person within the third degree of kinship to the
   13  resident, guardian, surrogate, proxy, or attorney in fact, as
   14  provided in chapters 744 and 765, of a current resident, all of
   15  whom are deemed authorized to act on behalf of the decedent and
   16  the decedent’s estate, before the formal opening of the estate,
   17  for purposes of obtaining records from the nursing home, within
   18  7 working days after receipt of a written request, or of a
   19  former resident, within 10 working days after receipt of a
   20  written request, a copy of that resident’s records that which
   21  are in the possession of the facility. Such records shall
   22  include medical and psychiatric records and any records
   23  concerning the care and treatment of the resident performed by
   24  the facility, except progress notes and consultation report
   25  sections of a psychiatric nature. Copies of such records are
   26  shall not be considered part of a deceased resident’s estate and
   27  may be made available prior to the administration of an estate,
   28  upon request, to the spouse, parent, adult child, adult sibling,
   29  adult grandchild, any person within the third degree of kinship
   30  to the resident, guardian, surrogate, proxy, or attorney in
   31  fact, as provided in chapters 744 and 765, all of whom are
   32  deemed authorized to act on behalf of the decedent and the
   33  decedent’s estate, before the formal opening of the estate, for
   34  purposes of obtaining records from the nursing home. A facility
   35  may charge a reasonable fee for the copying of resident records.
   36  Such fee shall not exceed $1 per page for the first 25 pages and
   37  25 cents per page for each page in excess of 25 pages. The
   38  facility shall further allow any such spouse, parent, adult
   39  child, adult sibling, adult grandchild, any person within the
   40  third degree of kinship to the resident, guardian, surrogate,
   41  proxy, or attorney in fact, as provided in chapters 744 and 765,
   42  all of whom are deemed authorized to act on behalf of the
   43  decedent and the decedent’s estate, prior to the formal opening
   44  of the estate, for purposes of obtaining records from the
   45  nursing home, to examine the original records in its possession,
   46  or microfilms or other suitable reproductions of the records,
   47  upon such reasonable terms as shall be imposed, to help assure
   48  that the records are not damaged, destroyed, or altered.
   49  
   50  ================= T I T L E  A M E N D M E N T ================
   51         And the title is amended as follows:
   52         Delete line 122
   53  and insert:
   54         adopt rules relating to orders not to resuscitate;
   55         amending s. 400.145, F.S.; revising provisions
   56         relating to access to residents’ records;