Florida Senate - 2014                       CS for CS for SB 248
       
       
        
       By the Committees on Appropriations; Health Policy; and
       Children, Families, and Elder Affairs
       
       
       
       
       576-02232-14                                           2014248c2
    1                        A bill to be entitled                      
    2         An act relating to assisted living facilities;
    3         amending s. 394.4574, F.S.; providing that Medicaid
    4         managed care plans are responsible for enrolled mental
    5         health residents; providing that managing entities
    6         under contract with the Department of Children and
    7         Families are responsible for mental health residents
    8         who are not enrolled with a Medicaid managed care
    9         plan; deleting a provision to conform to changes made
   10         by the act; requiring that the community living
   11         support plan be completed and provided to the
   12         administrator of a facility upon the mental health
   13         resident’s admission; requiring the community living
   14         support plan to be updated when there is a significant
   15         change to the mental health resident’s behavioral
   16         health; requiring the case manager assigned to a
   17         mental health resident of an assisted living facility
   18         that holds a limited mental health license to keep a
   19         record of the date and time of face-to-face
   20         interactions with the resident and to make the record
   21         available to the responsible entity for inspection;
   22         requiring that the record be maintained for a
   23         specified time; requiring the responsible entity to
   24         ensure that there is adequate and consistent
   25         monitoring and enforcement of community living support
   26         plans and cooperative agreements and that concerns are
   27         reported to the appropriate regulatory oversight
   28         organization under certain circumstances; amending s.
   29         400.0074, F.S.; requiring that an administrative
   30         assessment conducted by a local council be
   31         comprehensive in nature and focus on factors affecting
   32         the rights, health, safety, and welfare of residents
   33         in the facilities; requiring a local council to
   34         conduct an exit consultation with the facility
   35         administrator or administrator designee to discuss
   36         issues and concerns in areas affecting the rights,
   37         health, safety, and welfare of residents and make
   38         recommendations for improvement; amending s. 400.0078,
   39         F.S.; requiring that a resident or a representative of
   40         a resident of a long-term care facility be informed
   41         that retaliatory action cannot be taken against a
   42         resident for presenting grievances or for exercising
   43         any other resident right; amending s. 429.07, F.S.;
   44         revising the requirement that an extended congregate
   45         care license be issued to certain facilities that have
   46         been licensed as assisted living facilities under
   47         certain circumstances and authorizing the issuance of
   48         such license if a specified condition is met;
   49         providing the purpose of an extended congregate care
   50         license; providing that the initial extended
   51         congregate care license of an assisted living facility
   52         is provisional under certain circumstances; requiring
   53         a licensee to notify the Agency for Health Care
   54         Administration if it accepts a resident who qualifies
   55         for extended congregate care services; requiring the
   56         agency to inspect the facility for compliance with the
   57         requirements of an extended congregate care license;
   58         requiring the issuance of an extended congregate care
   59         license under certain circumstances; requiring the
   60         licensee to immediately suspend extended congregate
   61         care services under certain circumstances; requiring a
   62         registered nurse representing the agency to visit the
   63         facility at least twice a year, rather than quarterly,
   64         to monitor residents who are receiving extended
   65         congregate care services; authorizing the agency to
   66         waive one of the required yearly monitoring visits
   67         under certain circumstances; authorizing the agency to
   68         deny or revoke a facility’s extended congregate care
   69         license; requiring a registered nurse representing the
   70         agency to visit the facility at least annually, rather
   71         than twice a year, to monitor residents who are
   72         receiving limited nursing services; providing that
   73         such monitoring visits may be conducted in conjunction
   74         with other inspections by the agency; authorizing the
   75         agency to waive the required yearly monitoring visit
   76         for a facility that is licensed to provide limited
   77         nursing services under certain circumstances; amending
   78         s. 429.075, F.S.; requiring that an assisted living
   79         facility that serves one or more mental health
   80         residents, rather than three or more residents, obtain
   81         a limited mental health license; amending s. 429.14,
   82         F.S.; revising the circumstances under which the
   83         agency may deny, revoke, or suspend the license of an
   84         assisted living facility and impose an administrative
   85         fine; requiring the agency to deny or revoke the
   86         license of an assisted living facility under certain
   87         circumstances; requiring the agency to impose an
   88         immediate moratorium on the license of an assisted
   89         living facility under certain circumstances; deleting
   90         a provision requiring the agency to provide a list of
   91         facilities with denied, suspended, or revoked licenses
   92         to the Department of Business and Professional
   93         Regulation; exempting a facility from the 45-day
   94         notice requirement if it is required to relocate some
   95         or all of its residents; amending s. 429.178, F.S.;
   96         conforming cross-references; amending s. 429.19, F.S.;
   97         revising the amounts and uses of administrative fines;
   98         requiring the agency to levy a fine for violations
   99         that are corrected before an inspection if
  100         noncompliance occurred within a specified period of
  101         time; deleting factors that the agency is required to
  102         consider in determining penalties and fines; amending
  103         s. 429.256, F.S.; revising the term “assistance with
  104         self-administration of medication” as it relates to
  105         the Assisted Living Facilities Act; amending s.
  106         429.28, F.S.; providing notice requirements to inform
  107         facility residents that the identity of the resident
  108         and complainant in any complaint made to the State
  109         Long-Term Care Ombudsman Program or a local long-term
  110         care ombudsman council is confidential and that
  111         retaliatory action may not be taken against a resident
  112         for presenting grievances or for exercising any other
  113         resident right; requiring that a facility that
  114         terminates an individual’s residency after the filing
  115         of a complaint be fined if good cause is not shown for
  116         the termination; amending s. 429.34, F.S.; requiring
  117         certain persons to report elder abuse in assisted
  118         living facilities; requiring the agency to regularly
  119         inspect every licensed assisted living facility;
  120         requiring the agency to conduct more frequent
  121         inspections under certain circumstances; requiring the
  122         licensee to pay a fee for the cost of additional
  123         inspections; requiring the agency to annually adjust
  124         the fee; amending s. 429.41, F.S.; providing that
  125         certain staffing requirements apply only to residents
  126         in continuing care facilities who are receiving
  127         relevant services; amending s. 429.52, F.S.; requiring
  128         each newly hired employee of an assisted living
  129         facility to attend a preservice orientation provided
  130         by the assisted living facility; requiring the
  131         employee and administrator to sign a statement that
  132         the employee completed the required preservice
  133         orientation and keep the signed statement in the
  134         employee’s personnel record; requiring 2 additional
  135         hours of training for assistance with medication;
  136         conforming a cross-reference; requiring the Office of
  137         Program Policy Analysis and Government Accountability
  138         to study the reliability of facility surveys and
  139         submit to the Governor and the Legislature its
  140         findings and recommendations; requiring the agency to
  141         implement a rating system of assisted living
  142         facilities by a specified date, adopt rules, and
  143         create content for the agency’s website that makes
  144         available to consumers information regarding assisted
  145         living facilities; providing criteria for the content;
  146         providing appropriations; providing an effective date.
  147          
  148  Be It Enacted by the Legislature of the State of Florida:
  149  
  150         Section 1. Section 394.4574, Florida Statutes, is amended
  151  to read:
  152         394.4574 Department Responsibilities for coordination of
  153  services for a mental health resident who resides in an assisted
  154  living facility that holds a limited mental health license.—
  155         (1) As used in this section, the term “mental health
  156  resident” “mental health resident,” for purposes of this
  157  section, means an individual who receives social security
  158  disability income due to a mental disorder as determined by the
  159  Social Security Administration or receives supplemental security
  160  income due to a mental disorder as determined by the Social
  161  Security Administration and receives optional state
  162  supplementation.
  163         (2) Medicaid managed care plans are responsible for
  164  Medicaid-enrolled mental health residents, and managing entities
  165  under contract with the department are responsible for mental
  166  health residents who are not enrolled in a Medicaid health plan.
  167  A Medicaid managed care plan or a managing entity, as
  168  appropriate, shall The department must ensure that:
  169         (a) A mental health resident has been assessed by a
  170  psychiatrist, clinical psychologist, clinical social worker, or
  171  psychiatric nurse, or an individual who is supervised by one of
  172  these professionals, and determined to be appropriate to reside
  173  in an assisted living facility. The documentation must be
  174  provided to the administrator of the facility within 30 days
  175  after the mental health resident has been admitted to the
  176  facility. An evaluation completed upon discharge from a state
  177  mental hospital meets the requirements of this subsection
  178  related to appropriateness for placement as a mental health
  179  resident if it was completed within 90 days before prior to
  180  admission to the facility.
  181         (b) A cooperative agreement, as required in s. 429.075, is
  182  developed by between the mental health care services provider
  183  that serves a mental health resident and the administrator of
  184  the assisted living facility with a limited mental health
  185  license in which the mental health resident is living. Any
  186  entity that provides Medicaid prepaid health plan services shall
  187  ensure the appropriate coordination of health care services with
  188  an assisted living facility in cases where a Medicaid recipient
  189  is both a member of the entity’s prepaid health plan and a
  190  resident of the assisted living facility. If the entity is at
  191  risk for Medicaid targeted case management and behavioral health
  192  services, the entity shall inform the assisted living facility
  193  of the procedures to follow should an emergent condition arise.
  194         (c) The community living support plan, as defined in s.
  195  429.02, has been prepared by a mental health resident and his or
  196  her a mental health case manager of that resident in
  197  consultation with the administrator of the facility or the
  198  administrator’s designee. The plan must be completed and
  199  provided to the administrator of the assisted living facility
  200  with a limited mental health license in which the mental health
  201  resident lives upon the resident’s admission. The support plan
  202  and the agreement may be in one document.
  203         (d) The assisted living facility with a limited mental
  204  health license is provided with documentation that the
  205  individual meets the definition of a mental health resident.
  206         (e) The mental health services provider assigns a case
  207  manager to each mental health resident for whom the entity is
  208  responsible who lives in an assisted living facility with a
  209  limited mental health license. The case manager shall coordinate
  210  is responsible for coordinating the development of and
  211  implementation of the community living support plan defined in
  212  s. 429.02. The plan must be updated at least annually, or when
  213  there is a significant change in the resident’s behavioral
  214  health status, such as an inpatient admission or a change in
  215  medication, level of service, or residence. Each case manager
  216  shall keep a record of the date and time of any face-to-face
  217  interaction with the resident and make the record available to
  218  the responsible entity for inspection. The record must be
  219  retained for at least 2 years after the date of the most recent
  220  interaction.
  221         (f)Adequate and consistent monitoring and enforcement of
  222  community living support plans and cooperative agreements are
  223  conducted by the resident’s case manager.
  224         (g) Concerns are reported to the appropriate regulatory
  225  oversight organization if a regulated provider fails to deliver
  226  appropriate services or otherwise acts in a manner that has the
  227  potential to result in harm to the resident.
  228         (3) The Secretary of Children and Families Family Services,
  229  in consultation with the Agency for Health Care Administration,
  230  shall annually require each district administrator to develop,
  231  with community input, a detailed annual plan that demonstrates
  232  detailed plans that demonstrate how the district will ensure the
  233  provision of state-funded mental health and substance abuse
  234  treatment services to residents of assisted living facilities
  235  that hold a limited mental health license. This plan These plans
  236  must be consistent with the substance abuse and mental health
  237  district plan developed pursuant to s. 394.75 and must address
  238  case management services; access to consumer-operated drop-in
  239  centers; access to services during evenings, weekends, and
  240  holidays; supervision of the clinical needs of the residents;
  241  and access to emergency psychiatric care.
  242         Section 2. Subsection (1) of section 400.0074, Florida
  243  Statutes, is amended, and paragraph (h) is added to subsection
  244  (2) of that section, to read:
  245         400.0074 Local ombudsman council onsite administrative
  246  assessments.—
  247         (1) In addition to any specific investigation conducted
  248  pursuant to a complaint, the local council shall conduct, at
  249  least annually, an onsite administrative assessment of each
  250  nursing home, assisted living facility, and adult family-care
  251  home within its jurisdiction. This administrative assessment
  252  must be comprehensive in nature and must shall focus on factors
  253  affecting residents’ the rights, health, safety, and welfare of
  254  the residents. Each local council is encouraged to conduct a
  255  similar onsite administrative assessment of each additional
  256  long-term care facility within its jurisdiction.
  257         (2) An onsite administrative assessment conducted by a
  258  local council shall be subject to the following conditions:
  259         (h) The local council shall conduct an exit consultation
  260  with the facility administrator or administrator designee to
  261  discuss issues and concerns in areas affecting residents’
  262  rights, health, safety, and welfare and, if needed, make
  263  recommendations for improvement.
  264         Section 3. Subsection (2) of section 400.0078, Florida
  265  Statutes, is amended to read:
  266         400.0078 Citizen access to State Long-Term Care Ombudsman
  267  Program services.—
  268         (2) Every resident or representative of a resident shall
  269  receive, Upon admission to a long-term care facility, each
  270  resident or representative of a resident must receive
  271  information regarding the purpose of the State Long-Term Care
  272  Ombudsman Program, the statewide toll-free telephone number for
  273  receiving complaints, information that retaliatory action cannot
  274  be taken against a resident for presenting grievances or for
  275  exercising any other resident right, and other relevant
  276  information regarding how to contact the program. Each resident
  277  or his or her representative Residents or their representatives
  278  must be furnished additional copies of this information upon
  279  request.
  280         Section 4. Paragraphs (b) and (c) of subsection (3) of
  281  section 429.07, Florida Statutes, are amended to read:
  282         429.07 License required; fee.—
  283         (3) In addition to the requirements of s. 408.806, each
  284  license granted by the agency must state the type of care for
  285  which the license is granted. Licenses shall be issued for one
  286  or more of the following categories of care: standard, extended
  287  congregate care, limited nursing services, or limited mental
  288  health.
  289         (b) An extended congregate care license shall be issued to
  290  each facility that has been licensed as an assisted living
  291  facility for 2 or more years and that provides services
  292  facilities providing, directly or through contract, services
  293  beyond those authorized in paragraph (a), including services
  294  performed by persons licensed under part I of chapter 464 and
  295  supportive services, as defined by rule, to persons who would
  296  otherwise be disqualified from continued residence in a facility
  297  licensed under this part. An extended congregate care license
  298  may be issued to a facility that has a provisional extended
  299  congregate care license and meets the requirements for licensure
  300  under subparagraph 2. The primary purpose of extended congregate
  301  care services is to allow residents the option of remaining in a
  302  familiar setting from which they would otherwise be disqualified
  303  for continued residency as they become more impaired. A facility
  304  licensed to provide extended congregate care services may also
  305  admit an individual who exceeds the admission criteria for a
  306  facility with a standard license, if he or she is determined
  307  appropriate for admission to the extended congregate care
  308  facility.
  309         1. In order for extended congregate care services to be
  310  provided, the agency must first determine that all requirements
  311  established in law and rule are met and must specifically
  312  designate, on the facility’s license, that such services may be
  313  provided and whether the designation applies to all or part of
  314  the facility. This Such designation may be made at the time of
  315  initial licensure or licensure renewal relicensure, or upon
  316  request in writing by a licensee under this part and part II of
  317  chapter 408. The notification of approval or the denial of the
  318  request shall be made in accordance with part II of chapter 408.
  319  Each existing facility that qualifies facilities qualifying to
  320  provide extended congregate care services must have maintained a
  321  standard license and may not have been subject to administrative
  322  sanctions during the previous 2 years, or since initial
  323  licensure if the facility has been licensed for less than 2
  324  years, for any of the following reasons:
  325         a. A class I or class II violation;
  326         b. Three or more repeat or recurring class III violations
  327  of identical or similar resident care standards from which a
  328  pattern of noncompliance is found by the agency;
  329         c. Three or more class III violations that were not
  330  corrected in accordance with the corrective action plan approved
  331  by the agency;
  332         d. Violation of resident care standards which results in
  333  requiring the facility to employ the services of a consultant
  334  pharmacist or consultant dietitian;
  335         e. Denial, suspension, or revocation of a license for
  336  another facility licensed under this part in which the applicant
  337  for an extended congregate care license has at least 25 percent
  338  ownership interest; or
  339         f. Imposition of a moratorium pursuant to this part or part
  340  II of chapter 408 or initiation of injunctive proceedings.
  341  
  342  The agency may deny or revoke a facility’s extended congregate
  343  care license for not meeting the criteria for an extended
  344  congregate care license as provided in this subparagraph.
  345         2.If an assisted living facility has been licensed
  346  for less than 2 years, the initial extended congregate care
  347  license must be provisional and may not exceed 6 months. Within
  348  the first 3 months after the provisional license is issued, the
  349  licensee shall notify the agency, in writing, when it has
  350  admitted at least one extended congregate care resident, after
  351  which an unannounced inspection shall be made to determine
  352  compliance with requirements of an extended congregate care
  353  license. Failure to admit an extended congregate care resident
  354  within the first 3 months shall render the extended congregate
  355  care license void. A licensee that has a provisional extended
  356  congregate care license which demonstrates compliance with all
  357  of the requirements of an extended congregate care license
  358  during the inspection shall be issued an extended congregate
  359  care license. In addition to sanctions authorized under this
  360  part, if violations are found during the inspection and the
  361  licensee fails to demonstrate compliance with all assisted
  362  living requirements during a followup inspection, the licensee
  363  shall immediately suspend extended congregate care services, and
  364  the provisional extended congregate care license expires. The
  365  agency may extend the provisional license for not more than 1
  366  month in order to complete a followup visit.
  367         3.2. A facility that is licensed to provide extended
  368  congregate care services shall maintain a written progress
  369  report on each person who receives services which describes the
  370  type, amount, duration, scope, and outcome of services that are
  371  rendered and the general status of the resident’s health. A
  372  registered nurse, or appropriate designee, representing the
  373  agency shall visit the facility at least twice a year quarterly
  374  to monitor residents who are receiving extended congregate care
  375  services and to determine if the facility is in compliance with
  376  this part, part II of chapter 408, and relevant rules. One of
  377  the visits may be in conjunction with the regular survey. The
  378  monitoring visits may be provided through contractual
  379  arrangements with appropriate community agencies. A registered
  380  nurse shall serve as part of the team that inspects the
  381  facility. The agency may waive one of the required yearly
  382  monitoring visits for a facility that has:
  383         a. Held an extended congregate care license for at least 24
  384  months; been licensed for at least 24 months to provide extended
  385  congregate care services, if, during the inspection, the
  386  registered nurse determines that extended congregate care
  387  services are being provided appropriately, and if the facility
  388  has
  389         b. No class I or class II violations and no uncorrected
  390  class III violations; and.
  391         c. No ombudsman council complaints that resulted in a
  392  citation for licensure The agency must first consult with the
  393  long-term care ombudsman council for the area in which the
  394  facility is located to determine if any complaints have been
  395  made and substantiated about the quality of services or care.
  396  The agency may not waive one of the required yearly monitoring
  397  visits if complaints have been made and substantiated.
  398         4.3. A facility that is licensed to provide extended
  399  congregate care services must:
  400         a. Demonstrate the capability to meet unanticipated
  401  resident service needs.
  402         b. Offer a physical environment that promotes a homelike
  403  setting, provides for resident privacy, promotes resident
  404  independence, and allows sufficient congregate space as defined
  405  by rule.
  406         c. Have sufficient staff available, taking into account the
  407  physical plant and firesafety features of the building, to
  408  assist with the evacuation of residents in an emergency.
  409         d. Adopt and follow policies and procedures that maximize
  410  resident independence, dignity, choice, and decisionmaking to
  411  permit residents to age in place, so that moves due to changes
  412  in functional status are minimized or avoided.
  413         e. Allow residents or, if applicable, a resident’s
  414  representative, designee, surrogate, guardian, or attorney in
  415  fact to make a variety of personal choices, participate in
  416  developing service plans, and share responsibility in
  417  decisionmaking.
  418         f. Implement the concept of managed risk.
  419         g. Provide, directly or through contract, the services of a
  420  person licensed under part I of chapter 464.
  421         h. In addition to the training mandated in s. 429.52,
  422  provide specialized training as defined by rule for facility
  423  staff.
  424         5.4. A facility that is licensed to provide extended
  425  congregate care services is exempt from the criteria for
  426  continued residency set forth in rules adopted under s. 429.41.
  427  A licensed facility must adopt its own requirements within
  428  guidelines for continued residency set forth by rule. However,
  429  the facility may not serve residents who require 24-hour nursing
  430  supervision. A licensed facility that provides extended
  431  congregate care services must also provide each resident with a
  432  written copy of facility policies governing admission and
  433  retention.
  434         5. The primary purpose of extended congregate care services
  435  is to allow residents, as they become more impaired, the option
  436  of remaining in a familiar setting from which they would
  437  otherwise be disqualified for continued residency. A facility
  438  licensed to provide extended congregate care services may also
  439  admit an individual who exceeds the admission criteria for a
  440  facility with a standard license, if the individual is
  441  determined appropriate for admission to the extended congregate
  442  care facility.
  443         6. Before the admission of an individual to a facility
  444  licensed to provide extended congregate care services, the
  445  individual must undergo a medical examination as provided in s.
  446  429.26(4) and the facility must develop a preliminary service
  447  plan for the individual.
  448         7. If When a facility can no longer provide or arrange for
  449  services in accordance with the resident’s service plan and
  450  needs and the facility’s policy, the facility must shall make
  451  arrangements for relocating the person in accordance with s.
  452  429.28(1)(k).
  453         8. Failure to provide extended congregate care services may
  454  result in denial of extended congregate care license renewal.
  455         (c) A limited nursing services license shall be issued to a
  456  facility that provides services beyond those authorized in
  457  paragraph (a) and as specified in this paragraph.
  458         1. In order for limited nursing services to be provided in
  459  a facility licensed under this part, the agency must first
  460  determine that all requirements established in law and rule are
  461  met and must specifically designate, on the facility’s license,
  462  that such services may be provided. This Such designation may be
  463  made at the time of initial licensure or licensure renewal
  464  relicensure, or upon request in writing by a licensee under this
  465  part and part II of chapter 408. Notification of approval or
  466  denial of such request shall be made in accordance with part II
  467  of chapter 408. An existing facility that qualifies facilities
  468  qualifying to provide limited nursing services must shall have
  469  maintained a standard license and may not have been subject to
  470  administrative sanctions that affect the health, safety, and
  471  welfare of residents for the previous 2 years or since initial
  472  licensure if the facility has been licensed for less than 2
  473  years.
  474         2. A facility Facilities that is are licensed to provide
  475  limited nursing services shall maintain a written progress
  476  report on each person who receives such nursing services. The,
  477  which report must describe describes the type, amount, duration,
  478  scope, and outcome of services that are rendered and the general
  479  status of the resident’s health. A registered nurse representing
  480  the agency shall visit the facility such facilities at least
  481  annually twice a year to monitor residents who are receiving
  482  limited nursing services and to determine if the facility is in
  483  compliance with applicable provisions of this part, part II of
  484  chapter 408, and related rules. The monitoring visits may be
  485  provided through contractual arrangements with appropriate
  486  community agencies. A registered nurse shall also serve as part
  487  of the team that inspects such facility. Visits may be in
  488  conjunction with other agency inspections. The agency may waive
  489  the required yearly monitoring visit for a facility that has:
  490         a. Had a limited nursing services license for at least 24
  491  months;
  492         b. No class I or class II violations and no uncorrected
  493  class III violations; and
  494         c. No ombudsman council complaints that resulted in a
  495  citation for licensure.
  496         3. A person who receives limited nursing services under
  497  this part must meet the admission criteria established by the
  498  agency for assisted living facilities. When a resident no longer
  499  meets the admission criteria for a facility licensed under this
  500  part, arrangements for relocating the person shall be made in
  501  accordance with s. 429.28(1)(k), unless the facility is licensed
  502  to provide extended congregate care services.
  503         Section 5. Section 429.075, Florida Statutes, is amended to
  504  read:
  505         429.075 Limited mental health license.—An assisted living
  506  facility that serves one three or more mental health residents
  507  must obtain a limited mental health license.
  508         (1) To obtain a limited mental health license, a facility
  509  must hold a standard license as an assisted living facility,
  510  must not have any current uncorrected deficiencies or
  511  violations, and must ensure that, within 6 months after
  512  receiving a limited mental health license, the facility
  513  administrator and the staff of the facility who are in direct
  514  contact with mental health residents must complete training of
  515  no less than 6 hours related to their duties. This Such
  516  designation may be made at the time of initial licensure or
  517  licensure renewal relicensure or upon request in writing by a
  518  licensee under this part and part II of chapter 408.
  519  Notification of approval or denial of such request shall be made
  520  in accordance with this part, part II of chapter 408, and
  521  applicable rules. This training must will be provided by or
  522  approved by the Department of Children and Families Family
  523  Services.
  524         (2) A facility that is Facilities licensed to provide
  525  services to mental health residents must shall provide
  526  appropriate supervision and staffing to provide for the health,
  527  safety, and welfare of such residents.
  528         (3) A facility that has a limited mental health license
  529  must:
  530         (a) Have a copy of each mental health resident’s community
  531  living support plan and the cooperative agreement with the
  532  mental health care services provider. The support plan and the
  533  agreement may be combined.
  534         (b) Have documentation that is provided by the Department
  535  of Children and Families Family Services that each mental health
  536  resident has been assessed and determined to be able to live in
  537  the community in an assisted living facility that has with a
  538  limited mental health license.
  539         (c) Make the community living support plan available for
  540  inspection by the resident, the resident’s legal guardian or,
  541  the resident’s health care surrogate, and other individuals who
  542  have a lawful basis for reviewing this document.
  543         (d) Assist the mental health resident in carrying out the
  544  activities identified in the individual’s community living
  545  support plan.
  546         (4) A facility that has with a limited mental health
  547  license may enter into a cooperative agreement with a private
  548  mental health provider. For purposes of the limited mental
  549  health license, the private mental health provider may act as
  550  the case manager.
  551         Section 6. Section 429.14, Florida Statutes, is amended to
  552  read:
  553         429.14 Administrative penalties.—
  554         (1) In addition to the requirements of part II of chapter
  555  408, the agency may deny, revoke, and suspend any license issued
  556  under this part and impose an administrative fine in the manner
  557  provided in chapter 120 against a licensee for a violation of
  558  any provision of this part, part II of chapter 408, or
  559  applicable rules, or for any of the following actions by a
  560  licensee, for the actions of any person subject to level 2
  561  background screening under s. 408.809, or for the actions of any
  562  facility staff employee:
  563         (a) An intentional or negligent act seriously affecting the
  564  health, safety, or welfare of a resident of the facility.
  565         (b) A The determination by the agency that the owner lacks
  566  the financial ability to provide continuing adequate care to
  567  residents.
  568         (c) Misappropriation or conversion of the property of a
  569  resident of the facility.
  570         (d) Failure to follow the criteria and procedures provided
  571  under part I of chapter 394 relating to the transportation,
  572  voluntary admission, and involuntary examination of a facility
  573  resident.
  574         (e) A citation for of any of the following violations
  575  deficiencies as specified in s. 429.19:
  576         1. One or more cited class I violations deficiencies.
  577         2. Three or more cited class II violations deficiencies.
  578         3. Five or more cited class III violations deficiencies
  579  that have been cited on a single survey and have not been
  580  corrected within the times specified.
  581         (f) Failure to comply with the background screening
  582  standards of this part, s. 408.809(1), or chapter 435.
  583         (g) Violation of a moratorium.
  584         (h) Failure of the license applicant, the licensee during
  585  licensure renewal relicensure, or a licensee that holds a
  586  provisional license to meet the minimum license requirements of
  587  this part, or related rules, at the time of license application
  588  or renewal.
  589         (i) An intentional or negligent life-threatening act in
  590  violation of the uniform firesafety standards for assisted
  591  living facilities or other firesafety standards which that
  592  threatens the health, safety, or welfare of a resident of a
  593  facility, as communicated to the agency by the local authority
  594  having jurisdiction or the State Fire Marshal.
  595         (j) Knowingly operating any unlicensed facility or
  596  providing without a license any service that must be licensed
  597  under this chapter or chapter 400.
  598         (k) Any act constituting a ground upon which application
  599  for a license may be denied.
  600         (2) Upon notification by the local authority having
  601  jurisdiction or by the State Fire Marshal, the agency may deny
  602  or revoke the license of an assisted living facility that fails
  603  to correct cited fire code violations that affect or threaten
  604  the health, safety, or welfare of a resident of a facility.
  605         (3) The agency may deny or revoke a license of an to any
  606  applicant or controlling interest as defined in part II of
  607  chapter 408 which has or had a 25 percent 25-percent or greater
  608  financial or ownership interest in any other facility that is
  609  licensed under this part, or in any entity licensed by this
  610  state or another state to provide health or residential care, if
  611  that which facility or entity during the 5 years before prior to
  612  the application for a license closed due to financial inability
  613  to operate; had a receiver appointed or a license denied,
  614  suspended, or revoked; was subject to a moratorium; or had an
  615  injunctive proceeding initiated against it.
  616         (4) The agency shall deny or revoke the license of an
  617  assisted living facility if:
  618         (a)There are two moratoria, issued pursuant to this part
  619  or part II of chapter 408, within a 2-year period which are
  620  imposed by final order;
  621         (b)The facility is cited for two or more class I
  622  violations arising from unrelated circumstances during the same
  623  survey or investigation; or
  624         (c)The facility is cited for two or more class I
  625  violations arising from separate surveys or investigations
  626  within a 2-year period that has two or more class I violations
  627  that are similar or identical to violations identified by the
  628  agency during a survey, inspection, monitoring visit, or
  629  complaint investigation occurring within the previous 2 years.
  630         (5) An action taken by the agency to suspend, deny, or
  631  revoke a facility’s license under this part or part II of
  632  chapter 408, in which the agency claims that the facility owner
  633  or an employee of the facility has threatened the health,
  634  safety, or welfare of a resident of the facility, must be heard
  635  by the Division of Administrative Hearings of the Department of
  636  Management Services within 120 days after receipt of the
  637  facility’s request for a hearing, unless that time limitation is
  638  waived by both parties. The administrative law judge shall must
  639  render a decision within 30 days after receipt of a proposed
  640  recommended order.
  641         (6) As provided under s. 408.814, the agency shall impose
  642  an immediate moratorium on an assisted living facility that
  643  fails to provide the agency access to the facility or prohibits
  644  the agency from conducting a regulatory inspection. The licensee
  645  may not restrict agency staff in accessing and copying records
  646  or in conducting confidential interviews with facility staff or
  647  any individual who receives services from the facility provide
  648  to the Division of Hotels and Restaurants of the Department of
  649  Business and Professional Regulation, on a monthly basis, a list
  650  of those assisted living facilities that have had their licenses
  651  denied, suspended, or revoked or that are involved in an
  652  appellate proceeding pursuant to s. 120.60 related to the
  653  denial, suspension, or revocation of a license.
  654         (7) Agency notification of a license suspension or
  655  revocation, or denial of a license renewal, shall be posted and
  656  visible to the public at the facility.
  657         (8) If a facility is required to relocate some or all of
  658  its residents due to agency action, that facility is exempt from
  659  the 45 days’ notice requirement imposed under s. 429.28(1)(k).
  660  This subsection does not exempt the facility from any deadlines
  661  for corrective action set by the agency.
  662         Section 7. Paragraphs (a) and (b) of subsection (2) of
  663  section 429.178, Florida Statutes, are amended to read:
  664         429.178 Special care for persons with Alzheimer’s disease
  665  or other related disorders.—
  666         (2)(a) An individual who is employed by a facility that
  667  provides special care for residents who have with Alzheimer’s
  668  disease or other related disorders, and who has regular contact
  669  with such residents, must complete up to 4 hours of initial
  670  dementia-specific training developed or approved by the
  671  department. The training must shall be completed within 3 months
  672  after beginning employment and satisfy shall satisfy the core
  673  training requirements of s. 429.52(3)(g) s. 429.52(2)(g).
  674         (b) A direct caregiver who is employed by a facility that
  675  provides special care for residents who have with Alzheimer’s
  676  disease or other related disorders, and who provides direct care
  677  to such residents, must complete the required initial training
  678  and 4 additional hours of training developed or approved by the
  679  department. The training must shall be completed within 9 months
  680  after beginning employment and satisfy shall satisfy the core
  681  training requirements of s. 429.52(3)(g) s. 429.52(2)(g).
  682         Section 8. Section 429.19, Florida Statutes, is amended to
  683  read:
  684         429.19 Violations; imposition of administrative fines;
  685  grounds.—
  686         (1) In addition to the requirements of part II of chapter
  687  408, the agency shall impose an administrative fine in the
  688  manner provided in chapter 120 for the violation of any
  689  provision of this part, part II of chapter 408, and applicable
  690  rules by an assisted living facility, for the actions of any
  691  person subject to level 2 background screening under s. 408.809,
  692  for the actions of any facility employee, or for an intentional
  693  or negligent act seriously affecting the health, safety, or
  694  welfare of a resident of the facility.
  695         (2) Each violation of this part and adopted rules must
  696  shall be classified according to the nature of the violation and
  697  the gravity of its probable effect on facility residents.
  698         (a) The agency shall indicate the classification on the
  699  written notice of the violation as follows:
  700         1.(a) Class “I” violations are defined in s. 408.813. The
  701  agency shall impose an administrative fine of $7,500 for each a
  702  cited class I violation in a facility that is licensed for fewer
  703  than 100 beds at the time of the violation in an amount not less
  704  than $5,000 and not exceeding $10,000 for each violation. The
  705  agency shall impose an administrative fine of $11,250 for each
  706  cited class I violation in a facility that is licensed for 100
  707  or more beds at the time of the violation. If the agency has
  708  knowledge of a class I violation which occurred within 12 months
  709  before an inspection, a fine must be levied for that violation
  710  whether or not the noncompliance was corrected before the
  711  inspection.
  712         2.(b) Class “II” violations are defined in s. 408.813. The
  713  agency shall impose an administrative fine of $3,000 for each a
  714  cited class II violation in a facility that is licensed for
  715  fewer than 100 beds at the time of the violation in an amount
  716  not less than $1,000 and not exceeding $5,000 for each
  717  violation. The agency shall impose an administrative fine of
  718  $4,500 for each cited class II violation in a facility that is
  719  licensed for 100 or more beds at the time of the violation.
  720         3.(c) Class “III” violations are defined in s. 408.813. The
  721  agency shall impose an administrative fine of $750 for each a
  722  cited class III violation in a facility that is licensed for
  723  fewer than 100 beds at the time of the violation in an amount
  724  not less than $500 and not exceeding $1,000 for each violation.
  725  The agency shall impose an administrative fine of $1,125 for
  726  each cited class III violation in a facility that is licensed
  727  for 100 or more beds at the time of the violation.
  728         4.(d) Class “IV” violations are defined in s. 408.813. The
  729  agency shall impose an administrative fine of $150 for each a
  730  cited class IV violation in a facility that is licensed for
  731  fewer than 100 beds at the time of the violation in an amount
  732  not less than $100 and not exceeding $200 for each violation.
  733  The agency shall impose an administrative fine of $225 for each
  734  cited class IV violation in a facility that is licensed for 100
  735  or more beds at the time of the violation.
  736         (b) Any fine imposed for a class I violation or a class II
  737  violation must be doubled if a facility was previously cited for
  738  one or more class I or class II violations during the agency’s
  739  last licensure inspection or any inspection or complaint
  740  investigation since the last licensure inspection.
  741         (c) Notwithstanding s. 408.813(2)(c) and (d) and s.
  742  408.832, a fine must be imposed for each class III or class IV
  743  violation, regardless of correction, if a facility was
  744  previously cited for one or more class III or class IV
  745  violations during the agency’s last licensure inspection or any
  746  inspection or complaint investigation since the last licensure
  747  inspection for the same regulatory violation. A fine imposed for
  748  class III or class IV violations must be doubled if a facility
  749  was previously cited for one or more class III or class IV
  750  violations during the agency’s last two licensure inspections
  751  for the same regulatory violation.
  752         (d) Regardless of the class of violation cited, instead of
  753  the fine amounts listed in subparagraphs (a)1.-4., the agency
  754  shall impose an administrative fine of $500 if a facility is
  755  found not to be in compliance with the background screening
  756  requirements as provided in s. 408.809.
  757         (3) For purposes of this section, in determining if a
  758  penalty is to be imposed and in fixing the amount of the fine,
  759  the agency shall consider the following factors:
  760         (a) The gravity of the violation, including the probability
  761  that death or serious physical or emotional harm to a resident
  762  will result or has resulted, the severity of the action or
  763  potential harm, and the extent to which the provisions of the
  764  applicable laws or rules were violated.
  765         (b) Actions taken by the owner or administrator to correct
  766  violations.
  767         (c) Any previous violations.
  768         (d) The financial benefit to the facility of committing or
  769  continuing the violation.
  770         (e) The licensed capacity of the facility.
  771         (3)(4) Each day of continuing violation after the date
  772  established by the agency fixed for correction termination of
  773  the violation, as ordered by the agency, constitutes an
  774  additional, separate, and distinct violation.
  775         (4)(5)An Any action taken to correct a violation shall be
  776  documented in writing by the owner or administrator of the
  777  facility and verified through followup visits by agency
  778  personnel. The agency may impose a fine and, in the case of an
  779  owner-operated facility, revoke or deny a facility’s license
  780  when a facility administrator fraudulently misrepresents action
  781  taken to correct a violation.
  782         (5)(6)A Any facility whose owner fails to apply for a
  783  change-of-ownership license in accordance with part II of
  784  chapter 408 and operates the facility under the new ownership is
  785  subject to a fine of $5,000.
  786         (6)(7) In addition to any administrative fines imposed, the
  787  agency may assess a survey fee, equal to the lesser of one half
  788  of the facility’s biennial license and bed fee or $500, to cover
  789  the cost of conducting initial complaint investigations that
  790  result in the finding of a violation that was the subject of the
  791  complaint or monitoring visits conducted under s. 429.28(3)(c)
  792  to verify the correction of the violations.
  793         (7)(8) During an inspection, the agency shall make a
  794  reasonable attempt to discuss each violation with the owner or
  795  administrator of the facility, before prior to written
  796  notification.
  797         (8)(9) The agency shall develop and disseminate an annual
  798  list of all facilities sanctioned or fined for violations of
  799  state standards, the number and class of violations involved,
  800  the penalties imposed, and the current status of cases. The list
  801  shall be disseminated, at no charge, to the Department of
  802  Elderly Affairs, the Department of Health, the Department of
  803  Children and Families Family Services, the Agency for Persons
  804  with Disabilities, the area agencies on aging, the Florida
  805  Statewide Advocacy Council, and the state and local ombudsman
  806  councils. The Department of Children and Families Family
  807  Services shall disseminate the list to service providers under
  808  contract to the department who are responsible for referring
  809  persons to a facility for residency. The agency may charge a fee
  810  commensurate with the cost of printing and postage to other
  811  interested parties requesting a copy of this list. This
  812  information may be provided electronically or through the
  813  agency’s website Internet site.
  814         Section 9. Subsection (3) and paragraph (c) of subsection
  815  (4) of section 429.256, Florida Statutes, are amended to read:
  816         429.256 Assistance with self-administration of medication.—
  817         (3) Assistance with self-administration of medication
  818  includes:
  819         (a) Taking the medication, in its previously dispensed,
  820  properly labeled container, including an insulin syringe that is
  821  prefilled with the proper dosage by a pharmacist and an insulin
  822  pen that is prefilled by the manufacturer, from where it is
  823  stored, and bringing it to the resident.
  824         (b) In the presence of the resident, reading the label,
  825  opening the container, removing a prescribed amount of
  826  medication from the container, and closing the container.
  827         (c) Placing an oral dosage in the resident’s hand or
  828  placing the dosage in another container and helping the resident
  829  by lifting the container to his or her mouth.
  830         (d) Applying topical medications.
  831         (e) Returning the medication container to proper storage.
  832         (f) Keeping a record of when a resident receives assistance
  833  with self-administration under this section.
  834         (g) Assisting with the use of a nebulizer, including
  835  removing the cap of a nebulizer, opening the unit dose of
  836  nebulizer solution, and pouring the prescribed premeasured dose
  837  of medication into the dispensing cup of the nebulizer.
  838         (h) Using a glucometer to perform blood-glucose level
  839  checks.
  840         (i) Assisting with putting on and taking off antiembolism
  841  stockings.
  842         (j) Assisting with applying and removing an oxygen cannula,
  843  but not with titrating the prescribed oxygen settings.
  844         (k) Assisting with the use of a continuous positive airway
  845  pressure (CPAP) device, but not with titrating the prescribed
  846  setting of the device.
  847         (l) Assisting with measuring vital signs.
  848         (m) Assisting with colostomy bags.
  849         (4) Assistance with self-administration does not include:
  850         (c) Administration of medications through intermittent
  851  positive pressure breathing machines or a nebulizer.
  852         Section 10. Subsections (2), (5), and (6) of section
  853  429.28, Florida Statutes, are amended to read:
  854         429.28 Resident bill of rights.—
  855         (2) The administrator of a facility shall ensure that a
  856  written notice of the rights, obligations, and prohibitions set
  857  forth in this part is posted in a prominent place in each
  858  facility and read or explained to residents who cannot read. The
  859  This notice must shall include the name, address, and telephone
  860  numbers of the local ombudsman council, the and central abuse
  861  hotline, and, if when applicable, Disability Rights Florida the
  862  Advocacy Center for Persons with Disabilities, Inc., and the
  863  Florida local advocacy council, where complaints may be lodged.
  864  The notice must state that a complaint made to the Office of
  865  State Long-Term Care Ombudsman or a local long-term care
  866  ombudsman council, the names and identities of the residents
  867  involved in the complaint, and the identity of complainants are
  868  kept confidential pursuant to s. 400.0077 and that retaliatory
  869  action cannot be taken against a resident for presenting
  870  grievances or for exercising any other resident right. The
  871  facility must ensure a resident’s access to a telephone to call
  872  the local ombudsman council, central abuse hotline, and
  873  Disability Rights Florida Advocacy Center for Persons with
  874  Disabilities, Inc., and the Florida local advocacy council.
  875         (5) A No facility or employee of a facility may not serve
  876  notice upon a resident to leave the premises or take any other
  877  retaliatory action against any person who:
  878         (a) Exercises any right set forth in this section.
  879         (b) Appears as a witness in any hearing, inside or outside
  880  the facility.
  881         (c) Files a civil action alleging a violation of the
  882  provisions of this part or notifies a state attorney or the
  883  Attorney General of a possible violation of such provisions.
  884         (6) A Any facility that which terminates the residency of
  885  an individual who participated in activities specified in
  886  subsection (5) must shall show good cause in a court of
  887  competent jurisdiction. If good cause is not shown, the agency
  888  shall impose a fine of $2,500 in addition to any other penalty
  889  assessed against the facility.
  890         Section 11. Section 429.34, Florida Statutes, is amended to
  891  read:
  892         429.34 Right of entry and inspection.—
  893         (1) In addition to the requirements of s. 408.811, any duly
  894  designated officer or employee of the department, the Department
  895  of Children and Families Family Services, the Medicaid Fraud
  896  Control Unit of the Office of the Attorney General, the state or
  897  local fire marshal, or a member of the state or local long-term
  898  care ombudsman council has shall have the right to enter
  899  unannounced upon and into the premises of any facility licensed
  900  pursuant to this part in order to determine the state of
  901  compliance with the provisions of this part, part II of chapter
  902  408, and applicable rules. Data collected by the state or local
  903  long-term care ombudsman councils or the state or local advocacy
  904  councils may be used by the agency in investigations involving
  905  violations of regulatory standards. A person specified in this
  906  section who knows or has reasonable cause to suspect that a
  907  vulnerable adult has been or is being abused, neglected, or
  908  exploited shall immediately report such knowledge or suspicion
  909  to the central abuse hotline pursuant to chapter 415.
  910         (2) The agency shall inspect each licensed assisted living
  911  facility at least once every 24 months to determine compliance
  912  with this chapter and related rules. If an assisted living
  913  facility is cited for one or more class I violations or two or
  914  more class II violations arising from separate surveys within a
  915  60-day period or due to unrelated circumstances during the same
  916  survey, the agency must conduct an additional licensure
  917  inspection within 6 months. In addition to any fines imposed on
  918  the facility under s. 429.19, the licensee shall pay a fee for
  919  the cost of the additional inspection equivalent to the standard
  920  assisted living facility license and per-bed fees, without
  921  exception for beds designated for recipients of optional state
  922  supplementation. The agency shall adjust the fee in accordance
  923  with s. 408.805.
  924         Section 12. Subsection (2) of section 429.41, Florida
  925  Statutes, is amended to read:
  926         429.41 Rules establishing standards.—
  927         (2) In adopting any rules pursuant to this part, the
  928  department, in conjunction with the agency, shall make distinct
  929  standards for facilities based upon facility size; the types of
  930  care provided; the physical and mental capabilities and needs of
  931  residents; the type, frequency, and amount of services and care
  932  offered; and the staffing characteristics of the facility. Rules
  933  developed pursuant to this section may shall not restrict the
  934  use of shared staffing and shared programming in facilities that
  935  are part of retirement communities that provide multiple levels
  936  of care and otherwise meet the requirements of law and rule. If
  937  a continuing care facility licensed under chapter 651 or a
  938  retirement community offering multiple levels of care obtains a
  939  license pursuant to this chapter for a building or part of a
  940  building designated for independent living, staffing
  941  requirements established in rule apply only to residents who
  942  receive personal services, limited nursing services, or extended
  943  congregate care services under this part. Such facilities shall
  944  retain a log listing the names and unit number for residents
  945  receiving these services. The log must be available to surveyors
  946  upon request. Except for uniform firesafety standards, the
  947  department shall adopt by rule separate and distinct standards
  948  for facilities with 16 or fewer beds and for facilities with 17
  949  or more beds. The standards for facilities with 16 or fewer beds
  950  must shall be appropriate for a noninstitutional residential
  951  environment;, however, provided that the structure may not be is
  952  no more than two stories in height and all persons who cannot
  953  exit the facility unassisted in an emergency must reside on the
  954  first floor. The department, in conjunction with the agency, may
  955  make other distinctions among types of facilities as necessary
  956  to enforce the provisions of this part. Where appropriate, the
  957  agency shall offer alternate solutions for complying with
  958  established standards, based on distinctions made by the
  959  department and the agency relative to the physical
  960  characteristics of facilities and the types of care offered
  961  therein.
  962         Section 13. Present subsections (1) through (11) of section
  963  429.52, Florida Statutes, are redesignated as subsections (2)
  964  through (12), respectively, a new subsection (1) is added to
  965  that section, and present subsections (5) and (9) of that
  966  section are amended, to read:
  967         429.52 Staff training and educational programs; core
  968  educational requirement.—
  969         (1) Effective October 1, 2014, each new assisted living
  970  facility employee who has not previously completed core training
  971  must attend a preservice orientation provided by the facility
  972  before interacting with residents. The preservice orientation
  973  must be at least 2 hours in duration and cover topics that help
  974  the employee provide responsible care and respond to the needs
  975  of facility residents. Upon completion, the employee and the
  976  administrator of the facility must sign a statement that the
  977  employee completed the required preservice orientation. The
  978  facility must keep the signed statement in the employee’s
  979  personnel record.
  980         (6)(5) Staff involved with the management of medications
  981  and assisting with the self-administration of medications under
  982  s. 429.256 must complete a minimum of 6 4 additional hours of
  983  training provided by a registered nurse, licensed pharmacist, or
  984  department staff. The department shall establish by rule the
  985  minimum requirements of this additional training.
  986         (10)(9) The training required by this section other than
  987  the preservice orientation must shall be conducted by persons
  988  registered with the department as having the requisite
  989  experience and credentials to conduct the training. A person
  990  seeking to register as a trainer must provide the department
  991  with proof of completion of the minimum core training education
  992  requirements, successful passage of the competency test
  993  established under this section, and proof of compliance with the
  994  continuing education requirement in subsection (5) (4).
  995         Section 14. The Legislature finds that consistent
  996  regulation of assisted living facilities benefits residents and
  997  operators of such facilities. To determine whether surveys are
  998  consistent between surveys and surveyors, the Office of Program
  999  Policy Analysis and Government Accountability (OPPAGA) shall
 1000  conduct a study of intersurveyor reliability for assisted living
 1001  facilities. By November 1, 2014, OPPAGA shall report its
 1002  findings to the Governor, the President of the Senate, and the
 1003  Speaker of the House of Representatives and make any
 1004  recommendations for improving intersurveyor reliability.
 1005         Section 15. The Legislature finds that consumers need
 1006  additional information on the quality of care and service in
 1007  assisted living facilities in order to select the best facility
 1008  for themselves or their loved ones. Therefore, the Agency for
 1009  Health Care Administration shall:
 1010         (1)Implement a rating system for assisted living
 1011  facilities by March 1, 2015. The agency shall adopt rules to
 1012  administer this subsection.
 1013         (2) By November 1, 2014, create content that is easily
 1014  accessible through the front page of the agency’s website. At a
 1015  minimum, the content must include:
 1016         (a)Information on each licensed assisted living facility,
 1017  including, but not limited to:
 1018         1.The name and address of the facility.
 1019         2.The number and type of licensed beds in the facility.
 1020         3.The types of licenses held by the facility.
 1021         4.The facility’s license expiration date and status.
 1022         5.Other relevant information that the agency currently
 1023  collects.
 1024         (b) A list of the facility’s violations, including, for
 1025  each violation:
 1026         1. A summary of the violation which is presented in a
 1027  manner understandable by the general public;
 1028         2. Any sanctions imposed by final order; and
 1029         3. The date the corrective action was confirmed by the
 1030  agency.
 1031         (c) Links to inspection reports that the agency has on
 1032  file.
 1033         (d)A monitored comment page, maintained by the agency,
 1034  which allows members of the public to anonymously comment on
 1035  assisted living facilities that are licensed to operate in this
 1036  state. This comment page must, at a minimum, allow members of
 1037  the public to post comments on their experiences with, or
 1038  observations of, an assisted living facility and to review other
 1039  people’s comments. Comments posted to the agency’s comment page
 1040  may not contain profanity and are intended to provide meaningful
 1041  feedback about the assisted living facility. The agency shall
 1042  review comments for profane content before the comments are
 1043  posted to the page. A controlling interest, as defined in s.
 1044  408.803, Florida Statutes, in an assisted living facility, or an
 1045  employee or owner of an assisted living facility, is prohibited
 1046  from posting comments on the page, except that a controlling
 1047  interest, employee, or owner may respond to comments on the
 1048  page, and the agency shall ensure that the responses are
 1049  identified as being from a representative of the facility.
 1050         Section 16. For the 2014-2015 fiscal year, the sums of
 1051  $156,943 in recurring funds and $7,546 in nonrecurring funds
 1052  from the Health Care Trust Fund and two full-time equivalent
 1053  senior attorney positions with associated salary rate of 103,652
 1054  are appropriated to the Agency for Health Care Administration
 1055  for the purpose of implementing the regulatory provisions of
 1056  this act.
 1057         Section 17. For the 2014-2015 fiscal year, for the purpose
 1058  of implementing and maintaining the public information website
 1059  enhancements provided under this act:
 1060         (1) The sums of $72,435 in recurring funds and $3,773 in
 1061  nonrecurring funds from the Health Care Trust Fund and one full
 1062  time equivalent health services and facilities consultant
 1063  position with associated salary rate of 46,560 are appropriated
 1064  to the Agency for Health Care Administration;
 1065         (2) The sums of $30,000 in recurring funds and $15,000 in
 1066  nonrecurring funds from the Health Care Trust Fund are
 1067  appropriated to the Agency for Health Care Administration for
 1068  software purchase, installation, and maintenance services; and
 1069         (3) The sums of $2,474 in recurring funds and $82,806 in
 1070  nonrecurring funds from the Health Care Trust Fund are
 1071  appropriated to the Agency for Health Care Administration for
 1072  contracted services.
 1073         Section 18. This act shall take effect July 1, 2014.