Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/HB 7105, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 10/RE/3R         .                                
             05/01/2014 08:06 PM       .                                
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       Senator Sobel moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1104 and 1105
    4  insert:
    5         Section 27. Section 394.4574, Florida Statutes, is amended
    6  to read:
    7         394.4574 Department Responsibilities for coordination of
    8  services for a mental health resident who resides in an assisted
    9  living facility that holds a limited mental health license.—
   10         (1) As used in this section, the term “mental health
   11  resident” “mental health resident,” for purposes of this
   12  section, means an individual who receives social security
   13  disability income due to a mental disorder as determined by the
   14  Social Security Administration or receives supplemental security
   15  income due to a mental disorder as determined by the Social
   16  Security Administration and receives optional state
   17  supplementation.
   18         (2) Medicaid managed care plans are responsible for
   19  Medicaid-enrolled mental health residents, and managing entities
   20  under contract with the department are responsible for mental
   21  health residents who are not enrolled in a Medicaid health plan.
   22  A Medicaid managed care plan or a managing entity, as
   23  appropriate, shall The department must ensure that:
   24         (a) A mental health resident has been assessed by a
   25  psychiatrist, clinical psychologist, clinical social worker, or
   26  psychiatric nurse, or an individual who is supervised by one of
   27  these professionals, and determined to be appropriate to reside
   28  in an assisted living facility. The documentation must be
   29  provided to the administrator of the facility within 30 days
   30  after the mental health resident has been admitted to the
   31  facility. An evaluation completed upon discharge from a state
   32  mental hospital meets the requirements of this subsection
   33  related to appropriateness for placement as a mental health
   34  resident if it was completed within 90 days before prior to
   35  admission to the facility.
   36         (b) A cooperative agreement, as required in s. 429.075, is
   37  developed by between the mental health care services provider
   38  that serves a mental health resident and the administrator of
   39  the assisted living facility with a limited mental health
   40  license in which the mental health resident is living. Any
   41  entity that provides Medicaid prepaid health plan services shall
   42  ensure the appropriate coordination of health care services with
   43  an assisted living facility in cases where a Medicaid recipient
   44  is both a member of the entity’s prepaid health plan and a
   45  resident of the assisted living facility. If the entity is at
   46  risk for Medicaid targeted case management and behavioral health
   47  services, the entity shall inform the assisted living facility
   48  of the procedures to follow should an emergent condition arise.
   49         (c) The community living support plan, as defined in s.
   50  429.02, has been prepared by a mental health resident and his or
   51  her a mental health case manager of that resident in
   52  consultation with the administrator of the facility or the
   53  administrator’s designee. The plan must be completed and
   54  provided to the administrator of the assisted living facility
   55  with a limited mental health license in which the mental health
   56  resident lives within 30 days after the resident’s admission.
   57  The support plan and the agreement may be in one document.
   58         (d) The assisted living facility with a limited mental
   59  health license is provided with documentation that the
   60  individual meets the definition of a mental health resident.
   61         (e) The mental health services provider assigns a case
   62  manager to each mental health resident for whom the entity is
   63  responsible who lives in an assisted living facility with a
   64  limited mental health license. The case manager shall coordinate
   65  is responsible for coordinating the development of and
   66  implementation of the community living support plan defined in
   67  s. 429.02. The plan must be updated at least annually, or when
   68  there is a significant change in the resident’s behavioral
   69  health status, such as an inpatient admission or a change in
   70  medication, level of service, or residence. Each case manager
   71  shall keep a record of the date and time of any face-to-face
   72  interaction with the resident and make the record available to
   73  the responsible entity for inspection. The record must be
   74  retained for at least 2 years after the date of the most recent
   75  interaction.
   76         (f)Adequate and consistent monitoring and enforcement of
   77  community living support plans and cooperative agreements are
   78  conducted by the resident’s case manager.
   79         (g) Concerns are reported to the appropriate regulatory
   80  oversight organization if a regulated provider fails to deliver
   81  appropriate services or otherwise acts in a manner that has the
   82  potential to result in harm to the resident.
   83         (3) The Secretary of Children and Families Family Services,
   84  in consultation with the Agency for Health Care Administration,
   85  shall annually require each district administrator to develop,
   86  with community input, a detailed annual plan that demonstrates
   87  detailed plans that demonstrate how the district will ensure the
   88  provision of state-funded mental health and substance abuse
   89  treatment services to residents of assisted living facilities
   90  that hold a limited mental health license. This plan These plans
   91  must be consistent with the substance abuse and mental health
   92  district plan developed pursuant to s. 394.75 and must address
   93  case management services; access to consumer-operated drop-in
   94  centers; access to services during evenings, weekends, and
   95  holidays; supervision of the clinical needs of the residents;
   96  and access to emergency psychiatric care.
   97         Section 28. Subsection (1) of section 400.0074, Florida
   98  Statutes, is amended, and paragraph (h) is added to subsection
   99  (2) of that section, to read:
  100         400.0074 Local ombudsman council onsite administrative
  101  assessments.—
  102         (1) In addition to any specific investigation conducted
  103  pursuant to a complaint, the local council shall conduct, at
  104  least annually, an onsite administrative assessment of each
  105  nursing home, assisted living facility, and adult family-care
  106  home within its jurisdiction. This administrative assessment
  107  must be comprehensive in nature and must shall focus on factors
  108  affecting residents’ the rights, health, safety, and welfare of
  109  the residents. Each local council is encouraged to conduct a
  110  similar onsite administrative assessment of each additional
  111  long-term care facility within its jurisdiction.
  112         (2) An onsite administrative assessment conducted by a
  113  local council shall be subject to the following conditions:
  114         (h) The local council shall conduct an exit consultation
  115  with the facility administrator or administrator designee to
  116  discuss issues and concerns in areas affecting residents’
  117  rights, health, safety, and welfare and, if needed, make
  118  recommendations for improvement.
  119         Section 29. Subsection (2) of section 400.0078, Florida
  120  Statutes, is amended to read:
  121         400.0078 Citizen access to State Long-Term Care Ombudsman
  122  Program services.—
  123         (2) Every resident or representative of a resident shall
  124  receive, Upon admission to a long-term care facility, each
  125  resident or representative of a resident must receive
  126  information regarding the purpose of the State Long-Term Care
  127  Ombudsman Program, the statewide toll-free telephone number for
  128  receiving complaints, information that retaliatory action cannot
  129  be taken against a resident for presenting grievances or for
  130  exercising any other resident right, and other relevant
  131  information regarding how to contact the program. Each resident
  132  or his or her representative Residents or their representatives
  133  must be furnished additional copies of this information upon
  134  request.
  135         Section 30. Paragraph (c) of subsection (4) of section
  136  409.212, Florida Statutes, is amended to read:
  137         409.212 Optional supplementation.—
  138         (4) In addition to the amount of optional supplementation
  139  provided by the state, a person may receive additional
  140  supplementation from third parties to contribute to his or her
  141  cost of care. Additional supplementation may be provided under
  142  the following conditions:
  143         (c) The additional supplementation shall not exceed four
  144  two times the provider rate recognized under the optional state
  145  supplementation program.
  146         Section 31. Paragraphs (b) and (c) of subsection (3) of
  147  section 429.07, Florida Statutes, are amended to read:
  148         429.07 License required; fee.—
  149         (3) In addition to the requirements of s. 408.806, each
  150  license granted by the agency must state the type of care for
  151  which the license is granted. Licenses shall be issued for one
  152  or more of the following categories of care: standard, extended
  153  congregate care, limited nursing services, or limited mental
  154  health.
  155         (b) An extended congregate care license shall be issued to
  156  each facility that has been licensed as an assisted living
  157  facility for 2 or more years and that provides services
  158  facilities providing, directly or through contract, services
  159  beyond those authorized in paragraph (a), including services
  160  performed by persons licensed under part I of chapter 464 and
  161  supportive services, as defined by rule, to persons who would
  162  otherwise be disqualified from continued residence in a facility
  163  licensed under this part. An extended congregate care license
  164  may be issued to a facility that has a provisional extended
  165  congregate care license and meets the requirements for licensure
  166  under subparagraph 2. The primary purpose of extended congregate
  167  care services is to allow residents the option of remaining in a
  168  familiar setting from which they would otherwise be disqualified
  169  for continued residency as they become more impaired. A facility
  170  licensed to provide extended congregate care services may also
  171  admit an individual who exceeds the admission criteria for a
  172  facility with a standard license, if he or she is determined
  173  appropriate for admission to the extended congregate care
  174  facility.
  175         1. In order for extended congregate care services to be
  176  provided, the agency must first determine that all requirements
  177  established in law and rule are met and must specifically
  178  designate, on the facility’s license, that such services may be
  179  provided and whether the designation applies to all or part of
  180  the facility. This Such designation may be made at the time of
  181  initial licensure or licensure renewal relicensure, or upon
  182  request in writing by a licensee under this part and part II of
  183  chapter 408. The notification of approval or the denial of the
  184  request shall be made in accordance with part II of chapter 408.
  185  Each existing facility that qualifies facilities qualifying to
  186  provide extended congregate care services must have maintained a
  187  standard license and may not have been subject to administrative
  188  sanctions during the previous 2 years, or since initial
  189  licensure if the facility has been licensed for less than 2
  190  years, for any of the following reasons:
  191         a. A class I or class II violation;
  192         b. Three or more repeat or recurring class III violations
  193  of identical or similar resident care standards from which a
  194  pattern of noncompliance is found by the agency;
  195         c. Three or more class III violations that were not
  196  corrected in accordance with the corrective action plan approved
  197  by the agency;
  198         d. Violation of resident care standards which results in
  199  requiring the facility to employ the services of a consultant
  200  pharmacist or consultant dietitian;
  201         e. Denial, suspension, or revocation of a license for
  202  another facility licensed under this part in which the applicant
  203  for an extended congregate care license has at least 25 percent
  204  ownership interest; or
  205         f. Imposition of a moratorium pursuant to this part or part
  206  II of chapter 408 or initiation of injunctive proceedings.
  207  
  208  The agency may deny or revoke a facility’s extended congregate
  209  care license for not meeting the criteria for an extended
  210  congregate care license as provided in this subparagraph.
  211         2.If an assisted living facility has been licensed for
  212  less than 2 years, the initial extended congregate care license
  213  must be provisional and may not exceed 6 months. Within the
  214  first 3 months after the provisional license is issued, the
  215  licensee shall notify the agency, in writing, when it has
  216  admitted at least one extended congregate care resident, after
  217  which an unannounced inspection shall be made to determine
  218  compliance with requirements of an extended congregate care
  219  license. Failure to admit an extended congregate care resident
  220  within the first 3 months shall render the extended congregate
  221  care license void. A licensee that has a provisional extended
  222  congregate care license which demonstrates compliance with all
  223  of the requirements of an extended congregate care license
  224  during the inspection shall be issued an extended congregate
  225  care license. In addition to sanctions authorized under this
  226  part, if violations are found during the inspection and the
  227  licensee fails to demonstrate compliance with all assisted
  228  living requirements during a followup inspection, the licensee
  229  shall immediately suspend extended congregate care services, and
  230  the provisional extended congregate care license expires. The
  231  agency may extend the provisional license for not more than 1
  232  month in order to complete a followup visit.
  233         3.2. A facility that is licensed to provide extended
  234  congregate care services shall maintain a written progress
  235  report on each person who receives services which describes the
  236  type, amount, duration, scope, and outcome of services that are
  237  rendered and the general status of the resident’s health. A
  238  registered nurse, or appropriate designee, representing the
  239  agency shall visit the facility at least twice a year quarterly
  240  to monitor residents who are receiving extended congregate care
  241  services and to determine if the facility is in compliance with
  242  this part, part II of chapter 408, and relevant rules. One of
  243  the visits may be in conjunction with the regular survey. The
  244  monitoring visits may be provided through contractual
  245  arrangements with appropriate community agencies. A registered
  246  nurse shall serve as part of the team that inspects the
  247  facility. The agency may waive one of the required yearly
  248  monitoring visits for a facility that has:
  249         a. Held an extended congregate care license for at least 24
  250  months; been licensed for at least 24 months to provide extended
  251  congregate care services, if, during the inspection, the
  252  registered nurse determines that extended congregate care
  253  services are being provided appropriately, and if the facility
  254  has
  255         b. No class I or class II violations and no uncorrected
  256  class III violations; and.
  257         c. No ombudsman council complaints that resulted in a
  258  citation for licensure The agency must first consult with the
  259  long-term care ombudsman council for the area in which the
  260  facility is located to determine if any complaints have been
  261  made and substantiated about the quality of services or care.
  262  The agency may not waive one of the required yearly monitoring
  263  visits if complaints have been made and substantiated.
  264         4.3. A facility that is licensed to provide extended
  265  congregate care services must:
  266         a. Demonstrate the capability to meet unanticipated
  267  resident service needs.
  268         b. Offer a physical environment that promotes a homelike
  269  setting, provides for resident privacy, promotes resident
  270  independence, and allows sufficient congregate space as defined
  271  by rule.
  272         c. Have sufficient staff available, taking into account the
  273  physical plant and firesafety features of the building, to
  274  assist with the evacuation of residents in an emergency.
  275         d. Adopt and follow policies and procedures that maximize
  276  resident independence, dignity, choice, and decisionmaking to
  277  permit residents to age in place, so that moves due to changes
  278  in functional status are minimized or avoided.
  279         e. Allow residents or, if applicable, a resident’s
  280  representative, designee, surrogate, guardian, or attorney in
  281  fact to make a variety of personal choices, participate in
  282  developing service plans, and share responsibility in
  283  decisionmaking.
  284         f. Implement the concept of managed risk.
  285         g. Provide, directly or through contract, the services of a
  286  person licensed under part I of chapter 464.
  287         h. In addition to the training mandated in s. 429.52,
  288  provide specialized training as defined by rule for facility
  289  staff.
  290         5.4. A facility that is licensed to provide extended
  291  congregate care services is exempt from the criteria for
  292  continued residency set forth in rules adopted under s. 429.41.
  293  A licensed facility must adopt its own requirements within
  294  guidelines for continued residency set forth by rule. However,
  295  the facility may not serve residents who require 24-hour nursing
  296  supervision. A licensed facility that provides extended
  297  congregate care services must also provide each resident with a
  298  written copy of facility policies governing admission and
  299  retention.
  300         5. The primary purpose of extended congregate care services
  301  is to allow residents, as they become more impaired, the option
  302  of remaining in a familiar setting from which they would
  303  otherwise be disqualified for continued residency. 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 the individual is
  307  determined appropriate for admission to the extended congregate
  308  care facility.
  309         6. Before the admission of an individual to a facility
  310  licensed to provide extended congregate care services, the
  311  individual must undergo a medical examination as provided in s.
  312  429.26(4) and the facility must develop a preliminary service
  313  plan for the individual.
  314         7. If When a facility can no longer provide or arrange for
  315  services in accordance with the resident’s service plan and
  316  needs and the facility’s policy, the facility must shall make
  317  arrangements for relocating the person in accordance with s.
  318  429.28(1)(k).
  319         8. Failure to provide extended congregate care services may
  320  result in denial of extended congregate care license renewal.
  321         (c) A limited nursing services license shall be issued to a
  322  facility that provides services beyond those authorized in
  323  paragraph (a) and as specified in this paragraph.
  324         1. In order for limited nursing services to be provided in
  325  a facility licensed under this part, the agency must first
  326  determine that all requirements established in law and rule are
  327  met and must specifically designate, on the facility’s license,
  328  that such services may be provided. This Such designation may be
  329  made at the time of initial licensure or licensure renewal
  330  relicensure, or upon request in writing by a licensee under this
  331  part and part II of chapter 408. Notification of approval or
  332  denial of such request shall be made in accordance with part II
  333  of chapter 408. An existing facility that qualifies facilities
  334  qualifying to provide limited nursing services must shall have
  335  maintained a standard license and may not have been subject to
  336  administrative sanctions that affect the health, safety, and
  337  welfare of residents for the previous 2 years or since initial
  338  licensure if the facility has been licensed for less than 2
  339  years.
  340         2. A facility Facilities that is are licensed to provide
  341  limited nursing services shall maintain a written progress
  342  report on each person who receives such nursing services. The,
  343  which report must describe describes the type, amount, duration,
  344  scope, and outcome of services that are rendered and the general
  345  status of the resident’s health. A registered nurse representing
  346  the agency shall visit the facility such facilities at least
  347  annually twice a year to monitor residents who are receiving
  348  limited nursing services and to determine if the facility is in
  349  compliance with applicable provisions of this part, part II of
  350  chapter 408, and related rules. The monitoring visits may be
  351  provided through contractual arrangements with appropriate
  352  community agencies. A registered nurse shall also serve as part
  353  of the team that inspects such facility. Visits may be in
  354  conjunction with other agency inspections. The agency may waive
  355  the required yearly monitoring visit for a facility that has:
  356         a. Had a limited nursing services license for at least 24
  357  months;
  358         b. No class I or class II violations and no uncorrected
  359  class III violations; and
  360         c. No ombudsman council complaints that resulted in a
  361  citation for licensure.
  362         3. A person who receives limited nursing services under
  363  this part must meet the admission criteria established by the
  364  agency for assisted living facilities. When a resident no longer
  365  meets the admission criteria for a facility licensed under this
  366  part, arrangements for relocating the person shall be made in
  367  accordance with s. 429.28(1)(k), unless the facility is licensed
  368  to provide extended congregate care services.
  369         Section 32. Section 429.075, Florida Statutes, is amended
  370  to read:
  371         429.075 Limited mental health license.—An assisted living
  372  facility that serves one three or more mental health residents
  373  must obtain a limited mental health license.
  374         (1) To obtain a limited mental health license, a facility
  375  must hold a standard license as an assisted living facility,
  376  must not have any current uncorrected deficiencies or
  377  violations, and must ensure that, within 6 months after
  378  receiving a limited mental health license, the facility
  379  administrator and the staff of the facility who are in direct
  380  contact with mental health residents must complete training of
  381  no less than 6 hours related to their duties. This Such
  382  designation may be made at the time of initial licensure or
  383  relicensure or upon request in writing by a licensee under this
  384  part and part II of chapter 408. Notification of approval or
  385  denial of such request shall be made in accordance with this
  386  part, part II of chapter 408, and applicable rules. This
  387  training must will be provided by or approved by the Department
  388  of Children and Families Family Services.
  389         (2) A facility that is Facilities licensed to provide
  390  services to mental health residents must shall provide
  391  appropriate supervision and staffing to provide for the health,
  392  safety, and welfare of such residents.
  393         (3) A facility that has a limited mental health license
  394  must:
  395         (a) Have a copy of each mental health resident’s community
  396  living support plan and the cooperative agreement with the
  397  mental health care services provider or provide written evidence
  398  that a request for the community living support plan and the
  399  cooperative agreement was sent to the Medicaid managed care plan
  400  or managing entity under contract with the Department of
  401  Children and Families within 72 hours after admission. The
  402  support plan and the agreement may be combined.
  403         (b) Have documentation that is provided by the Department
  404  of Children and Families Family Services that each mental health
  405  resident has been assessed and determined to be able to live in
  406  the community in an assisted living facility that has with a
  407  limited mental health license or provide written evidence that a
  408  request for documentation was sent to the Department of Children
  409  and Families within 72 hours after admission.
  410         (c) Make the community living support plan available for
  411  inspection by the resident, the resident’s legal guardian or,
  412  the resident’s health care surrogate, and other individuals who
  413  have a lawful basis for reviewing this document.
  414         (d) Assist the mental health resident in carrying out the
  415  activities identified in the individual’s community living
  416  support plan.
  417         (4) A facility that has with a limited mental health
  418  license may enter into a cooperative agreement with a private
  419  mental health provider. For purposes of the limited mental
  420  health license, the private mental health provider may act as
  421  the case manager.
  422         Section 33. Section 429.14, Florida Statutes, is amended to
  423  read:
  424         429.14 Administrative penalties.—
  425         (1) In addition to the requirements of part II of chapter
  426  408, the agency may deny, revoke, and suspend any license issued
  427  under this part and impose an administrative fine in the manner
  428  provided in chapter 120 against a licensee for a violation of
  429  any provision of this part, part II of chapter 408, or
  430  applicable rules, or for any of the following actions by a
  431  licensee, for the actions of any person subject to level 2
  432  background screening under s. 408.809, or for the actions of any
  433  facility staff employee:
  434         (a) An intentional or negligent act seriously affecting the
  435  health, safety, or welfare of a resident of the facility.
  436         (b) A The determination by the agency that the owner lacks
  437  the financial ability to provide continuing adequate care to
  438  residents.
  439         (c) Misappropriation or conversion of the property of a
  440  resident of the facility.
  441         (d) Failure to follow the criteria and procedures provided
  442  under part I of chapter 394 relating to the transportation,
  443  voluntary admission, and involuntary examination of a facility
  444  resident.
  445         (e) A citation for of any of the following violations
  446  deficiencies as specified in s. 429.19:
  447         1. One or more cited class I violations deficiencies.
  448         2. Three or more cited class II violations deficiencies.
  449         3. Five or more cited class III violations deficiencies
  450  that have been cited on a single survey and have not been
  451  corrected within the times specified.
  452         (f) Failure to comply with the background screening
  453  standards of this part, s. 408.809(1), or chapter 435.
  454         (g) Violation of a moratorium.
  455         (h) Failure of the license applicant, the licensee during
  456  licensure renewal relicensure, or a licensee that holds a
  457  provisional license to meet the minimum license requirements of
  458  this part, or related rules, at the time of license application
  459  or renewal.
  460         (i) An intentional or negligent life-threatening act in
  461  violation of the uniform firesafety standards for assisted
  462  living facilities or other firesafety standards which that
  463  threatens the health, safety, or welfare of a resident of a
  464  facility, as communicated to the agency by the local authority
  465  having jurisdiction or the State Fire Marshal.
  466         (j) Knowingly operating any unlicensed facility or
  467  providing without a license any service that must be licensed
  468  under this chapter or chapter 400.
  469         (k) Any act constituting a ground upon which application
  470  for a license may be denied.
  471         (2) Upon notification by the local authority having
  472  jurisdiction or by the State Fire Marshal, the agency may deny
  473  or revoke the license of an assisted living facility that fails
  474  to correct cited fire code violations that affect or threaten
  475  the health, safety, or welfare of a resident of a facility.
  476         (3) The agency may deny or revoke a license of an to any
  477  applicant or controlling interest as defined in part II of
  478  chapter 408 which has or had a 25 percent 25-percent or greater
  479  financial or ownership interest in any other facility that is
  480  licensed under this part, or in any entity licensed by this
  481  state or another state to provide health or residential care, if
  482  that which facility or entity during the 5 years before prior to
  483  the application for a license closed due to financial inability
  484  to operate; had a receiver appointed or a license denied,
  485  suspended, or revoked; was subject to a moratorium; or had an
  486  injunctive proceeding initiated against it.
  487         (4) The agency shall deny or revoke the license of an
  488  assisted living facility if:
  489         (a)There are two moratoria, issued pursuant to this part
  490  or part II of chapter 408, within a 2-year period which are
  491  imposed by final order;
  492         (b)The facility is cited for two or more class I
  493  violations arising from unrelated circumstances during the same
  494  survey or investigation; or
  495         (c)The facility is cited for two or more class I
  496  violations arising from separate surveys or investigations
  497  within a 2-year period that has two or more class I violations
  498  that are similar or identical to violations identified by the
  499  agency during a survey, inspection, monitoring visit, or
  500  complaint investigation occurring within the previous 2 years.
  501         (5) An action taken by the agency to suspend, deny, or
  502  revoke a facility’s license under this part or part II of
  503  chapter 408, in which the agency claims that the facility owner
  504  or an employee of the facility has threatened the health,
  505  safety, or welfare of a resident of the facility, must be heard
  506  by the Division of Administrative Hearings of the Department of
  507  Management Services within 120 days after receipt of the
  508  facility’s request for a hearing, unless that time limitation is
  509  waived by both parties. The administrative law judge shall must
  510  render a decision within 30 days after receipt of a proposed
  511  recommended order.
  512         (6) As provided under s. 408.814, the agency shall impose
  513  an immediate moratorium on an assisted living facility that
  514  fails to provide the agency access to the facility or prohibits
  515  the agency from conducting a regulatory inspection. The licensee
  516  may not restrict agency staff in accessing and copying records
  517  or in conducting confidential interviews with facility staff or
  518  any individual who receives services from the facility provide
  519  to the Division of Hotels and Restaurants of the Department of
  520  Business and Professional Regulation, on a monthly basis, a list
  521  of those assisted living facilities that have had their licenses
  522  denied, suspended, or revoked or that are involved in an
  523  appellate proceeding pursuant to s. 120.60 related to the
  524  denial, suspension, or revocation of a license.
  525         (7) Agency notification of a license suspension or
  526  revocation, or denial of a license renewal, shall be posted and
  527  visible to the public at the facility.
  528         (8) If a facility is required to relocate some or all of
  529  its residents due to agency action, that facility is exempt from
  530  the 45 days’ notice requirement imposed under s. 429.28(1)(k).
  531  This subsection does not exempt the facility from any deadlines
  532  for corrective action set by the agency.
  533         Section 34. Paragraphs (a) and (b) of subsection (2) of
  534  section 429.178, Florida Statutes, are amended to read:
  535         429.178 Special care for persons with Alzheimer’s disease
  536  or other related disorders.—
  537         (2)(a) An individual who is employed by a facility that
  538  provides special care for residents who have with Alzheimer’s
  539  disease or other related disorders, and who has regular contact
  540  with such residents, must complete up to 4 hours of initial
  541  dementia-specific training developed or approved by the
  542  department. The training must shall be completed within 3 months
  543  after beginning employment and satisfy shall satisfy the core
  544  training requirements of s. 429.52(3)(g) s. 429.52(2)(g).
  545         (b) A direct caregiver who is employed by a facility that
  546  provides special care for residents who have with Alzheimer’s
  547  disease or other related disorders, and who provides direct care
  548  to such residents, must complete the required initial training
  549  and 4 additional hours of training developed or approved by the
  550  department. The training must shall be completed within 9 months
  551  after beginning employment and satisfy shall satisfy the core
  552  training requirements of s. 429.52(3)(g) s. 429.52(2)(g).
  553         Section 35. Section 429.19, Florida Statutes, is amended to
  554  read:
  555         429.19 Violations; imposition of administrative fines;
  556  grounds.—
  557         (1) In addition to the requirements of part II of chapter
  558  408, the agency shall impose an administrative fine in the
  559  manner provided in chapter 120 for the violation of any
  560  provision of this part, part II of chapter 408, and applicable
  561  rules by an assisted living facility, for the actions of any
  562  person subject to level 2 background screening under s. 408.809,
  563  for the actions of any facility employee, or for an intentional
  564  or negligent act seriously affecting the health, safety, or
  565  welfare of a resident of the facility.
  566         (2) Each violation of this part and adopted rules must
  567  shall be classified according to the nature of the violation and
  568  the gravity of its probable effect on facility residents. The
  569  scope of a violation may be cited as an isolated, patterned, or
  570  widespread deficiency. An isolated deficiency is a deficiency
  571  affecting one or a very limited number of residents, or
  572  involving one or a very limited number of staff, or a situation
  573  that occurred only occasionally or in a very limited number of
  574  locations. A patterned deficiency is a deficiency in which more
  575  than a very limited number of residents are affected, or more
  576  than a very limited number of staff are affected, or the
  577  situation has occurred in several locations, or the same
  578  resident or residents have been affected by repeated occurrences
  579  of the same deficient practice but the effect of the deficient
  580  practice is not found to be pervasive throughout the facility. A
  581  widespread deficiency is a deficiency in which the problems
  582  causing the deficiency are pervasive in the facility or
  583  represent systemic failure that has affected or has the
  584  potential to affect a large portion of the facility’s residents.
  585         (a) The agency shall indicate the classification on the
  586  written notice of the violation as follows:
  587         1.(a) Class “I” violations are defined in s. 408.813. The
  588  agency shall impose an administrative fine for a cited class I
  589  violation of $5,000 for an isolated deficiency; $7,500 for a
  590  patterned deficiency; and $10,000 for a widespread deficiency.
  591  If the agency has knowledge of a class I violation that occurred
  592  within 12 months before an inspection, a fine must be levied for
  593  that violation, regardless of whether the noncompliance is
  594  corrected before the inspection in an amount not less than
  595  $5,000 and not exceeding $10,000 for each violation.
  596         2.(b) Class “II” violations are defined in s. 408.813. The
  597  agency shall impose an administrative fine for a cited class II
  598  violation of $1,000 for an isolated deficiency; $3,000 for a
  599  patterned deficiency; and $5,000 for a widespread deficiency in
  600  an amount not less than $1,000 and not exceeding $5,000 for each
  601  violation.
  602         3.(c) Class “III” violations are defined in s. 408.813. The
  603  agency shall impose an administrative fine for a cited class III
  604  violation of $500 for an isolated deficiency; $750 for a
  605  patterned deficiency; and $1,000 for a widespread deficiency in
  606  an amount not less than $500 and not exceeding $1,000 for each
  607  violation.
  608         4.(d) Class “IV” violations are defined in s. 408.813. The
  609  agency shall impose an administrative fine for a cited class IV
  610  violation of $100 for an isolated deficiency; $150 for a
  611  patterned deficiency; and $200 for a widespread deficiency in an
  612  amount not less than $100 and not exceeding $200 for each
  613  violation.
  614         (b) Any fine imposed for a class I violation or a class II
  615  violation must be doubled if a facility was previously cited for
  616  one or more class I or class II violations during the agency’s
  617  last licensure inspection or any inspection or complaint
  618  investigation since the last licensure inspection.
  619         (c) Notwithstanding s. 408.813(2)(c) and (d) and s.
  620  408.832, a fine must be imposed for each class III or class IV
  621  violation, regardless of correction, if a facility was
  622  previously cited for one or more class III or class IV
  623  violations during the agency’s last licensure inspection or any
  624  inspection or complaint investigation since the last licensure
  625  inspection for the same regulatory violation. A fine imposed for
  626  class III or class IV violations must be doubled if a facility
  627  was previously cited for one or more class III or class IV
  628  violations during the agency’s last two licensure inspections
  629  for the same regulatory violation.
  630         (d) Notwithstanding the fine amounts specified in
  631  subparagraphs (a)1.-4., and regardless of the class of violation
  632  cited, the agency shall impose an administrative fine of $500 on
  633  a facility that is found not to be in compliance with the
  634  background screening requirements as provided in s. 408.809.
  635         (3) For purposes of this section, in determining if a
  636  penalty is to be imposed and in fixing the amount of the fine,
  637  the agency shall consider the following factors:
  638         (a) The gravity of the violation, including the probability
  639  that death or serious physical or emotional harm to a resident
  640  will result or has resulted, the severity of the action or
  641  potential harm, and the extent to which the provisions of the
  642  applicable laws or rules were violated.
  643         (b) Actions taken by the owner or administrator to correct
  644  violations.
  645         (c) Any previous violations.
  646         (d) The financial benefit to the facility of committing or
  647  continuing the violation.
  648         (e) The licensed capacity of the facility.
  649         (3)(4) Each day of continuing violation after the date
  650  established by the agency fixed for correction termination of
  651  the violation, as ordered by the agency, constitutes an
  652  additional, separate, and distinct violation.
  653         (4)(5)An Any action taken to correct a violation shall be
  654  documented in writing by the owner or administrator of the
  655  facility and verified through followup visits by agency
  656  personnel. The agency may impose a fine and, in the case of an
  657  owner-operated facility, revoke or deny a facility’s license
  658  when a facility administrator fraudulently misrepresents action
  659  taken to correct a violation.
  660         (5)(6)A Any facility whose owner fails to apply for a
  661  change-of-ownership license in accordance with part II of
  662  chapter 408 and operates the facility under the new ownership is
  663  subject to a fine of $5,000.
  664         (6)(7) In addition to any administrative fines imposed, the
  665  agency may assess a survey fee, equal to the lesser of one half
  666  of the facility’s biennial license and bed fee or $500, to cover
  667  the cost of conducting initial complaint investigations that
  668  result in the finding of a violation that was the subject of the
  669  complaint or monitoring visits conducted under s. 429.28(3)(c)
  670  to verify the correction of the violations.
  671         (7)(8) During an inspection, the agency shall make a
  672  reasonable attempt to discuss each violation with the owner or
  673  administrator of the facility, before prior to written
  674  notification.
  675         (8)(9) The agency shall develop and disseminate an annual
  676  list of all facilities sanctioned or fined for violations of
  677  state standards, the number and class of violations involved,
  678  the penalties imposed, and the current status of cases. The list
  679  shall be disseminated, at no charge, to the Department of
  680  Elderly Affairs, the Department of Health, the Department of
  681  Children and Families Family Services, the Agency for Persons
  682  with Disabilities, the area agencies on aging, the Florida
  683  Statewide Advocacy Council, and the state and local ombudsman
  684  councils. The Department of Children and Families Family
  685  Services shall disseminate the list to service providers under
  686  contract to the department who are responsible for referring
  687  persons to a facility for residency. The agency may charge a fee
  688  commensurate with the cost of printing and postage to other
  689  interested parties requesting a copy of this list. This
  690  information may be provided electronically or through the
  691  agency’s website Internet site.
  692         Section 36. Subsection (3) and paragraph (c) of subsection
  693  (4) of section 429.256, Florida Statutes, are amended to read:
  694         429.256 Assistance with self-administration of medication.—
  695         (3) Assistance with self-administration of medication
  696  includes:
  697         (a) Taking the medication, in its previously dispensed,
  698  properly labeled container, including an insulin syringe that is
  699  prefilled with the proper dosage by a pharmacist and an insulin
  700  pen that is prefilled by the manufacturer, from where it is
  701  stored, and bringing it to the resident.
  702         (b) In the presence of the resident, reading the label,
  703  opening the container, removing a prescribed amount of
  704  medication from the container, and closing the container.
  705         (c) Placing an oral dosage in the resident’s hand or
  706  placing the dosage in another container and helping the resident
  707  by lifting the container to his or her mouth.
  708         (d) Applying topical medications.
  709         (e) Returning the medication container to proper storage.
  710         (f) Keeping a record of when a resident receives assistance
  711  with self-administration under this section.
  712         (g) Assisting with the use of a nebulizer, including
  713  removing the cap of a nebulizer, opening the unit dose of
  714  nebulizer solution, and pouring the prescribed premeasured dose
  715  of medication into the dispensing cup of the nebulizer.
  716         (h) Using a glucometer to perform blood-glucose level
  717  checks.
  718         (i) Assisting with putting on and taking off antiembolism
  719  stockings.
  720         (j) Assisting with applying and removing an oxygen cannula,
  721  but not with titrating the prescribed oxygen settings.
  722         (k) Assisting with the use of a continuous positive airway
  723  pressure (CPAP) device, but not with titrating the prescribed
  724  setting of the device.
  725         (l) Assisting with measuring vital signs.
  726         (m) Assisting with colostomy bags.
  727         (4) Assistance with self-administration does not include:
  728         (c) Administration of medications through intermittent
  729  positive pressure breathing machines or a nebulizer.
  730         Section 37. Subsections (2), (5), and (6) of section
  731  429.28, Florida Statutes, are amended to read:
  732         429.28 Resident bill of rights.—
  733         (2) The administrator of a facility shall ensure that a
  734  written notice of the rights, obligations, and prohibitions set
  735  forth in this part is posted in a prominent place in each
  736  facility and read or explained to residents who cannot read. The
  737  This notice must shall include the name, address, and telephone
  738  numbers of the local ombudsman council, the and central abuse
  739  hotline, and, if when applicable, Disability Rights Florida the
  740  Advocacy Center for Persons with Disabilities, Inc., and the
  741  Florida local advocacy council, where complaints may be lodged.
  742  The notice must state that a complaint made to the Office of
  743  State Long-Term Care Ombudsman or a local long-term care
  744  ombudsman council, the names and identities of the residents
  745  involved in the complaint, and the identity of complainants are
  746  kept confidential pursuant to s. 400.0077 and that retaliatory
  747  action cannot be taken against a resident for presenting
  748  grievances or for exercising any other resident right. The
  749  facility must ensure a resident’s access to a telephone to call
  750  the local ombudsman council, central abuse hotline, and
  751  Disability Rights Florida Advocacy Center for Persons with
  752  Disabilities, Inc., and the Florida local advocacy council.
  753         (5) A No facility or employee of a facility may not serve
  754  notice upon a resident to leave the premises or take any other
  755  retaliatory action against any person who:
  756         (a) Exercises any right set forth in this section.
  757         (b) Appears as a witness in any hearing, inside or outside
  758  the facility.
  759         (c) Files a civil action alleging a violation of the
  760  provisions of this part or notifies a state attorney or the
  761  Attorney General of a possible violation of such provisions.
  762         (6) A Any facility that which terminates the residency of
  763  an individual who participated in activities specified in
  764  subsection (5) must shall show good cause in a court of
  765  competent jurisdiction. If good cause is not shown, the agency
  766  shall impose a fine of $2,500 in addition to any other penalty
  767  assessed against the facility.
  768         Section 38. Section 429.34, Florida Statutes, is amended to
  769  read:
  770         429.34 Right of entry and inspection.—
  771         (1) In addition to the requirements of s. 408.811, any duly
  772  designated officer or employee of the department, the Department
  773  of Children and Families Family Services, the Medicaid Fraud
  774  Control Unit of the Office of the Attorney General, the state or
  775  local fire marshal, or a member of the state or local long-term
  776  care ombudsman council has shall have the right to enter
  777  unannounced upon and into the premises of any facility licensed
  778  pursuant to this part in order to determine the state of
  779  compliance with the provisions of this part, part II of chapter
  780  408, and applicable rules. Data collected by the state or local
  781  long-term care ombudsman councils or the state or local advocacy
  782  councils may be used by the agency in investigations involving
  783  violations of regulatory standards. A person specified in this
  784  section who knows or has reasonable cause to suspect that a
  785  vulnerable adult has been or is being abused, neglected, or
  786  exploited shall immediately report such knowledge or suspicion
  787  to the central abuse hotline pursuant to chapter 415.
  788         (2) The agency shall inspect each licensed assisted living
  789  facility at least once every 24 months to determine compliance
  790  with this chapter and related rules. If an assisted living
  791  facility is cited for one or more class I violations or two or
  792  more class II violations arising from separate surveys within a
  793  60-day period or due to unrelated circumstances during the same
  794  survey, the agency must conduct an additional licensure
  795  inspection within 6 months. In addition to any fines imposed on
  796  the facility under s. 429.19, the licensee shall pay a fee for
  797  the cost of the additional inspection equivalent to the standard
  798  assisted living facility license and per-bed fees, without
  799  exception for beds designated for recipients of optional state
  800  supplementation. The agency shall adjust the fee in accordance
  801  with s. 408.805.
  802         Section 39. Subsection (2) of section 429.41, Florida
  803  Statutes, is amended to read:
  804         429.41 Rules establishing standards.—
  805         (2) In adopting any rules pursuant to this part, the
  806  department, in conjunction with the agency, shall make distinct
  807  standards for facilities based upon facility size; the types of
  808  care provided; the physical and mental capabilities and needs of
  809  residents; the type, frequency, and amount of services and care
  810  offered; and the staffing characteristics of the facility. Rules
  811  developed pursuant to this section may shall not restrict the
  812  use of shared staffing and shared programming in facilities that
  813  are part of retirement communities that provide multiple levels
  814  of care and otherwise meet the requirements of law and rule. If
  815  a continuing care facility licensed under chapter 651 or a
  816  retirement community offering multiple levels of care obtains a
  817  license pursuant to this chapter for a building or part of a
  818  building designated for independent living, staffing
  819  requirements established in rule apply only to residents who
  820  receive personal services, limited nursing services, or extended
  821  congregate care services under this part. Such facilities shall
  822  retain a log listing the names and unit number for residents
  823  receiving these services. The log must be available to surveyors
  824  upon request. Except for uniform firesafety standards, the
  825  department shall adopt by rule separate and distinct standards
  826  for facilities with 16 or fewer beds and for facilities with 17
  827  or more beds. The standards for facilities with 16 or fewer beds
  828  must shall be appropriate for a noninstitutional residential
  829  environment;, however, provided that the structure may not be is
  830  no more than two stories in height and all persons who cannot
  831  exit the facility unassisted in an emergency must reside on the
  832  first floor. The department, in conjunction with the agency, may
  833  make other distinctions among types of facilities as necessary
  834  to enforce the provisions of this part. Where appropriate, the
  835  agency shall offer alternate solutions for complying with
  836  established standards, based on distinctions made by the
  837  department and the agency relative to the physical
  838  characteristics of facilities and the types of care offered
  839  therein.
  840         Section 40. Present subsections (1) through (11) of section
  841  429.52, Florida Statutes, are redesignated as subsections (2)
  842  through (12), respectively, a new subsection (1) is added to
  843  that section, and present subsections (5) and (9) of that
  844  section are amended, to read:
  845         429.52 Staff training and educational programs; core
  846  educational requirement.—
  847         (1) Effective October 1, 2014, each new assisted living
  848  facility employee who has not previously completed core training
  849  must attend a preservice orientation provided by the facility
  850  before interacting with residents. The preservice orientation
  851  must be at least 2 hours in duration and cover topics that help
  852  the employee provide responsible care and respond to the needs
  853  of facility residents. Upon completion, the employee and the
  854  administrator of the facility must sign a statement that the
  855  employee completed the required preservice orientation. The
  856  facility must keep the signed statement in the employee’s
  857  personnel record.
  858         (6)(5) Staff involved with the management of medications
  859  and assisting with the self-administration of medications under
  860  s. 429.256 must complete a minimum of 6 4 additional hours of
  861  training provided by a registered nurse, licensed pharmacist, or
  862  department staff. The department shall establish by rule the
  863  minimum requirements of this additional training.
  864         (10)(9) The training required by this section other than
  865  the preservice orientation must shall be conducted by persons
  866  registered with the department as having the requisite
  867  experience and credentials to conduct the training. A person
  868  seeking to register as a trainer must provide the department
  869  with proof of completion of the minimum core training education
  870  requirements, successful passage of the competency test
  871  established under this section, and proof of compliance with the
  872  continuing education requirement in subsection (5) (4).
  873         Section 41. The Legislature finds that consistent
  874  regulation of assisted living facilities benefits residents and
  875  operators of such facilities. To determine whether surveys are
  876  consistent between surveys and surveyors, the Office of Program
  877  Policy Analysis and Government Accountability (OPPAGA) shall
  878  conduct a study of intersurveyor reliability for assisted living
  879  facilities. By November 1, 2014, OPPAGA shall report its
  880  findings to the Governor, the President of the Senate, and the
  881  Speaker of the House of Representatives and make any
  882  recommendations for improving intersurveyor reliability.
  883         Section 42. Section 429.55, Florida Statutes, is created to
  884  read:
  885         429.55 Public access to data; rating system and comment
  886  page.—
  887         (1) The Legislature finds that consumers need additional
  888  information on the quality of care and service in assisted
  889  living facilities in order to select the best facility for
  890  themselves or their loved ones.
  891         (2) By March 1, 2015, the agency shall implement a rating
  892  system for assisted living facilities based on facility
  893  inspections, violations, complaints, and agency visits to assist
  894  consumers and residents. The agency may adopt rules to
  895  administer this subsection.
  896         (3) By November 1, 2014, the agency shall provide,
  897  maintain, and update at least quarterly, electronically
  898  accessible data on assisted living facilities. Such data must be
  899  searchable, downloadable, and available in generally accepted
  900  formats. At a minimum, such data must include:
  901         (a) Information on each assisted living facility licensed
  902  under this part, including:
  903         1. The name and address of the facility.
  904         2. The number and type of licensed beds in the facility.
  905         3. The types of licenses held by the facility.
  906         4. The facility’s license expiration date and status.
  907         5. Proprietary or nonproprietary status of the licensee.
  908         6. Any affiliation with a company or other organization
  909  owning or managing more than one assisted living facility in
  910  this state.
  911         7. The total number of clients that the facility is
  912  licensed to serve and the most recently available occupancy
  913  levels.
  914         8. The number of private and semiprivate rooms offered.
  915         9. The bed-hold policy.
  916         10. The religious affiliation, if any, of the assisted
  917  living facility.
  918         11. The languages spoken by the staff.
  919         12. Availability of nurses.
  920         13. Forms of payment accepted, including, but not limited
  921  to, Medicaid, Medicaid long-term managed care, private
  922  insurance, health maintenance organization, United States
  923  Department of Veterans Affairs, CHAMPUS program, or workers’
  924  compensation coverage.
  925         14. Indication if the licensee is operating under
  926  bankruptcy protection.
  927         15. Recreational and other programs available.
  928         16. Special care units or programs offered.
  929         17. Whether the facility is a part of a retirement
  930  community that offers other services pursuant to this part or
  931  part III of this chapter, part II or part III of chapter 400, or
  932  chapter 651.
  933         18. Links to the State Long-Term Care Ombudsman Program
  934  website and the program’s statewide toll-free telephone number.
  935         19. Links to the websites of the providers or their
  936  affiliates.
  937         20. Other relevant information that the agency currently
  938  collects.
  939         (b) A list of the facility’s violations, including, for
  940  each violation:
  941         1. A summary of the violation presented in a manner
  942  understandable by the general public;
  943         2. Any sanctions imposed by final order; and
  944         3. The date the corrective action was confirmed by the
  945  agency.
  946         (c) Links to inspection reports on file with the agency.
  947         (4) The agency shall provide a monitored comment webpage
  948  that allows members of the public to comment on specific
  949  assisted living facilities licensed to operate in this state. At
  950  a minimum, the comment webpage must allow members of the public
  951  to identify themselves, provide comments on their experiences
  952  with, or observations of, an assisted living facility, and view
  953  others’ comments.
  954         (a) The agency shall review comments for profanities and
  955  redact any profanities before posting the comments to the
  956  webpage. After redacting any profanities, the agency shall post
  957  all comments, and shall retain all comments as they were
  958  originally submitted, which are subject to the requirements of
  959  chapter 119 and which shall be retained by the agency for
  960  inspection by the public without further redaction pursuant to
  961  retention schedules and disposal processes for such records.
  962         (b) A controlling interest, as defined in s. 408.803 in an
  963  assisted living facility, or an employee or owner of an assisted
  964  living facility, is prohibited from posting comments on the
  965  page. A controlling interest, employee, or owner may respond to
  966  comments on the page, and the agency shall ensure that such
  967  responses are identified as being from a representative of the
  968  facility.
  969         (5) The agency may provide links to third-party websites
  970  that use the data published pursuant to this section to assist
  971  consumers in evaluating the quality of care and service in
  972  assisted living facilities.
  973         Section 43. For the 2014-2015 fiscal year, the sums of
  974  $156,943 in recurring funds and $7,546 in nonrecurring funds
  975  from the Health Care Trust Fund and two full-time equivalent
  976  senior attorney positions with associated salary rate of 103,652
  977  are appropriated to the Agency for Health Care Administration
  978  for the purpose of implementing the regulatory provisions of
  979  this act.
  980         Section 44. For the 2014-2015 fiscal year, for the purpose
  981  of implementing and maintaining the public information website
  982  enhancements provided under this act:
  983         (1) The sums of $72,435 in recurring funds and $3,773 in
  984  nonrecurring funds from the Health Care Trust Fund and one full
  985  time equivalent health services and facilities consultant
  986  position with associated salary rate of 46,560 are appropriated
  987  to the Agency for Health Care Administration;
  988         (2) The sums of $30,000 in recurring funds and $15,000 in
  989  nonrecurring funds from the Health Care Trust Fund are
  990  appropriated to the Agency for Health Care Administration for
  991  software purchase, installation, and maintenance services; and
  992  (3) The sums of $2,474 in recurring funds and $82,806 in
  993  nonrecurring funds from the Health Care Trust Fund are
  994  appropriated to the Agency for Health Care Administration for
  995  contracted services.
  996  
  997  ================= T I T L E  A M E N D M E N T ================
  998  And the title is amended as follows:
  999         Delete line 78
 1000  and insert:
 1001         tissue donations; amending s. 394.4574, F.S.;
 1002         providing that Medicaid managed care plans are
 1003         responsible for enrolled mental health residents;
 1004         providing that managing entities under contract with
 1005         the Department of Children and Families are
 1006         responsible for mental health residents who are not
 1007         enrolled with a Medicaid managed care plan; deleting a
 1008         provision to conform to changes made by the act;
 1009         requiring that the community living support plan be
 1010         completed and provided to the administrator of a
 1011         facility after the mental health resident’s admission;
 1012         requiring the community living support plan to be
 1013         updated when there is a significant change to the
 1014         mental health resident’s behavioral health; requiring
 1015         the case manager assigned to a mental health resident
 1016         of an assisted living facility that holds a limited
 1017         mental health license to keep a record of the date and
 1018         time of face-to-face interactions with the resident
 1019         and to make the record available to the responsible
 1020         entity for inspection; requiring that the record be
 1021         maintained for a specified time; requiring the
 1022         responsible entity to ensure that there is adequate
 1023         and consistent monitoring and enforcement of community
 1024         living support plans and cooperative agreements and
 1025         that concerns are reported to the appropriate
 1026         regulatory oversight organization under certain
 1027         circumstances; amending s. 400.0074, F.S.; requiring
 1028         that an administrative assessment conducted by a local
 1029         council be comprehensive in nature and focus on
 1030         factors affecting the rights, health, safety, and
 1031         welfare of residents in the facilities; requiring a
 1032         local council to conduct an exit consultation with the
 1033         facility administrator or administrator designee to
 1034         discuss issues and concerns in areas affecting the
 1035         rights, health, safety, and welfare of residents and
 1036         make recommendations for improvement; amending s.
 1037         400.0078, F.S.; requiring that a resident or a
 1038         representative of a resident of a long-term care
 1039         facility be informed that retaliatory action cannot be
 1040         taken against a resident for presenting grievances or
 1041         for exercising any other resident right; amending s.
 1042         409.212, F.S.; increasing the cap on additional
 1043         supplementation a person may receive under certain
 1044         conditions; amending s. 429.07, F.S.; revising the
 1045         requirement that an extended congregate care license
 1046         be issued to certain facilities that have been
 1047         licensed as assisted living facilities under certain
 1048         circumstances and authorizing the issuance of such
 1049         license if a specified condition is met; providing the
 1050         purpose of an extended congregate care license;
 1051         providing that the initial extended congregate care
 1052         license of an assisted living facility is provisional
 1053         under certain circumstances; requiring a licensee to
 1054         notify the Agency for Health Care Administration if it
 1055         accepts a resident who qualifies for extended
 1056         congregate care services; requiring the agency to
 1057         inspect the facility for compliance with the
 1058         requirements of an extended congregate care license;
 1059         requiring the issuance of an extended congregate care
 1060         license under certain circumstances; requiring the
 1061         licensee to immediately suspend extended congregate
 1062         care services under certain circumstances; requiring a
 1063         registered nurse representing the agency to visit the
 1064         facility at least twice a year, rather than quarterly,
 1065         to monitor residents who are receiving extended
 1066         congregate care services; authorizing the agency to
 1067         waive one of the required yearly monitoring visits
 1068         under certain circumstances; authorizing the agency to
 1069         deny or revoke a facility’s extended congregate care
 1070         license; requiring a registered nurse representing the
 1071         agency to visit the facility at least annually, rather
 1072         than twice a year, to monitor residents who are
 1073         receiving limited nursing services; providing that
 1074         such monitoring visits may be conducted in conjunction
 1075         with other inspections by the agency; authorizing the
 1076         agency to waive the required yearly monitoring visit
 1077         for a facility that is licensed to provide limited
 1078         nursing services under certain circumstances; amending
 1079         s. 429.075, F.S.; requiring an assisted living
 1080         facility that serves one or more mental health
 1081         residents to obtain a limited mental health license;
 1082         revising the methods employed by a limited mental
 1083         health facility relating to placement requirements to
 1084         include providing written evidence that a request for
 1085         a community living support plan, a cooperative
 1086         agreement, and assessment documentation was sent to
 1087         the Department of Children and Families within 72
 1088         hours after admission; amending s. 429.14, F.S.;
 1089         revising the circumstances under which the agency may
 1090         deny, revoke, or suspend the license of an assisted
 1091         living facility and impose an administrative fine;
 1092         requiring the agency to deny or revoke the license of
 1093         an assisted living facility under certain
 1094         circumstances; requiring the agency to impose an
 1095         immediate moratorium on the license of an assisted
 1096         living facility under certain circumstances; deleting
 1097         a provision requiring the agency to provide a list of
 1098         facilities with denied, suspended, or revoked licenses
 1099         to the Department of Business and Professional
 1100         Regulation; exempting a facility from the 45-day
 1101         notice requirement if it is required to relocate some
 1102         or all of its residents; amending s. 429.178, F.S.;
 1103         conforming cross-references; amending s. 429.19, F.S.;
 1104         revising the amounts and uses of administrative fines;
 1105         requiring the agency to levy a fine for violations
 1106         that are corrected before an inspection if
 1107         noncompliance occurred within a specified period of
 1108         time; deleting factors that the agency is required to
 1109         consider in determining penalties and fines; amending
 1110         s. 429.256, F.S.; revising the term “assistance with
 1111         self-administration of medication” as it relates to
 1112         the Assisted Living Facilities Act; amending s.
 1113         429.28, F.S.; providing notice requirements to inform
 1114         facility residents that the identity of the resident
 1115         and complainant in any complaint made to the State
 1116         Long-Term Care Ombudsman Program or a local long-term
 1117         care ombudsman council is confidential and that
 1118         retaliatory action may not be taken against a resident
 1119         for presenting grievances or for exercising any other
 1120         resident right; requiring that a facility that
 1121         terminates an individual’s residency after the filing
 1122         of a complaint be fined if good cause is not shown for
 1123         the termination; amending s. 429.34, F.S.; requiring
 1124         certain persons to report elder abuse in assisted
 1125         living facilities; requiring the agency to regularly
 1126         inspect every licensed assisted living facility;
 1127         requiring the agency to conduct more frequent
 1128         inspections under certain circumstances; requiring the
 1129         licensee to pay a fee for the cost of additional
 1130         inspections; requiring the agency to annually adjust
 1131         the fee; amending s. 429.41, F.S.; providing that
 1132         certain staffing requirements apply only to residents
 1133         in continuing care facilities who are receiving
 1134         relevant services; amending s. 429.52, F.S.; requiring
 1135         each newly hired employee of an assisted living
 1136         facility to attend a preservice orientation provided
 1137         by the assisted living facility; requiring the
 1138         employee and administrator to sign a statement that
 1139         the employee completed the required preservice
 1140         orientation and keep the signed statement in the
 1141         employee’s personnel record; requiring 2 additional
 1142         hours of training for assistance with medication;
 1143         conforming a cross-reference; requiring the Office of
 1144         Program Policy Analysis and Government Accountability
 1145         to study the reliability of facility surveys and
 1146         submit to the Governor and the Legislature its
 1147         findings and recommendations; creating s. 429.55,
 1148         F.S.; requiring the Agency for Health Care
 1149         Administration to implement a rating system of
 1150         assisted living facilities by a specified date;
 1151         authorizing the agency to adopt rules; requiring the
 1152         Agency for Health Care Administration to provide
 1153         specified data on assisted living facilities by a
 1154         certain date; providing minimum requirements for such
 1155         data; authorizing the agency to create a comment
 1156         webpage regarding assisted living facilities;
 1157         providing minimum requirements; authorizing the agency
 1158         to provide links to certain third-party websites;
 1159         providing appropriations; providing an effective date.