Florida Senate - 2015                                     SB 654
       
       
        
       By Senator Richter
       
       
       
       
       
       23-00772-15                                            2015654__
    1                        A bill to be entitled                      
    2         An act relating to the state ombudsman program;
    3         amending s. 400.0060, F.S.; revising and providing
    4         definitions; amending s. 400.0061, F.S.; revising
    5         legislative intent with respect to citizen ombudsmen;
    6         deleting references to ombudsman councils and
    7         transferring their responsibilities to representatives
    8         of the Office of State Long-Term Care Ombudsman;
    9         amending s. 400.0063, F.S.; revising duties of the
   10         office; amending s. 400.0065, F.S.; revising the
   11         purpose of the office; revising the duties and
   12         authority of the state ombudsman; requiring the state
   13         ombudsman to submit an annual report to the Governor,
   14         the Legislature, and specified agencies and entities;
   15         amending s. 400.0067, F.S.; revising duties and
   16         membership of the State Long-Term Care Ombudsman
   17         Council; amending s. 400.0069, F.S.; requiring the
   18         state ombudsman to designate and direct program
   19         districts; providing duties of representatives of the
   20         office in the districts; revising the appointments of
   21         and qualifications for district ombudsmen; prohibiting
   22         certain individuals from serving as ombudsmen;
   23         deleting provisions that provide for an election of a
   24         chair of a local council and the meeting times for the
   25         local council; amending s. 400.0070, F.S.; providing
   26         conditions under which a representative of the office
   27         could be found to have a conflict of interest;
   28         requiring the Department of Elderly Affairs, in
   29         consultation with the state ombudsman, to define by
   30         rule what constitutes a conflict of interest; amending
   31         s. 400.0071, F.S.; requiring the department to consult
   32         with the state ombudsman to adopt rules pertaining to
   33         complaint procedures; amending s. 400.0073, F.S.;
   34         providing procedures for investigation of complaints;
   35         amending s. 400.0074, F.S.; revising procedures for
   36         conducting onsite administrative assessments;
   37         authorizing the department to adopt rules; amending s.
   38         400.0075, F.S.; revising complaint notification and
   39         resolution procedures; amending s. 400.0078, F.S.;
   40         providing for a resident or representative of a
   41         resident to receive additional information regarding
   42         resident rights; amending s. 400.0079, F.S.; providing
   43         immunity from liability for a representative of the
   44         office under certain circumstances; amending s.
   45         400.0081, F.S.; requiring long-term care facilities to
   46         provide representatives of the office with access to
   47         facilities, residents, and records for certain
   48         purposes; amending s. 400.0083, F.S.; conforming
   49         provisions to changes made by the act; amending s.
   50         400.0087, F.S.; providing for the office to coordinate
   51         ombudsman services with Disability Rights Florida;
   52         amending s. 400.0089, F.S.; conforming provisions to
   53         changes made by the act; amending s. 400.0091, F.S.;
   54         revising training requirements for representatives of
   55         the office and ombudsmen; amending ss. 20.41, 400.021,
   56         400.022, 400.0255, 400.1413, 400.162, 400.19, 400.191,
   57         400.23, 400.235, 415.102, 415.1034, 415.104, 415.1055,
   58         415.106, 415.107, 429.02, 429.07, 429.19, 429.26,
   59         429.28, 429.34, 429.35, 429.67, 429.85, 744.102, and
   60         744.444, F.S.; conforming provisions to changes made
   61         by the act; providing an effective date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Section 400.0060, Florida Statutes, is amended
   66  to read:
   67         400.0060 Definitions.—When used in this part, unless the
   68  context clearly dictates otherwise, the term:
   69         (1) “Administrative assessment” means a review of
   70  conditions in a long-term care facility which impact the rights,
   71  health, safety, and welfare of residents with the purpose of
   72  noting needed improvement and making recommendations to enhance
   73  the quality of life for residents.
   74         (2) “Agency” means the Agency for Health Care
   75  Administration.
   76         (3) “Department” means the Department of Elderly Affairs.
   77         (4) “District” means a geographical area designated by the
   78  state ombudsman in which individuals certified as ombudsmen
   79  carry out the duties of the state ombudsman program. A district
   80  may have more than one local unit of ombudsmen. “Local council”
   81  means a local long-term care ombudsman council designated by the
   82  ombudsman pursuant to s. 400.0069. Local councils are also known
   83  as district long-term care ombudsman councils or district
   84  councils.
   85         (5) “Long-term care facility” means a licensed nursing home
   86  facility, assisted living facility, adult family-care home,
   87  board and care facility, facility in which continuing long-term
   88  care is provided, or any other similar licensed residential
   89  adult care facility.
   90         (6) “Office” means the Office of State Long-Term Care
   91  Ombudsman created by s. 400.0063.
   92         (7) “Ombudsman” means an individual who has been certified
   93  by the state ombudsman as meeting the requirements of ss.
   94  400.0069, 400.0070, and 400.0091 the individual appointed by the
   95  Secretary of Elderly Affairs to head the Office of State Long
   96  Term Care Ombudsman.
   97         (8) “Representative of the office” or “representative of
   98  the state ombudsman program” means the state ombudsman, an
   99  employee of the office, or an individual certified as an
  100  ombudsman.
  101         (9)(8) “Resident” means an individual 18 60 years of age or
  102  older who resides in a long-term care facility.
  103         (10)(9) “Secretary” means the Secretary of Elderly Affairs.
  104         (11)(10) “State council” means the State Long-Term Care
  105  Ombudsman Council created by s. 400.0067.
  106         (12) “State ombudsman” means the individual appointed by
  107  the Secretary of Elderly Affairs to head the Office of State
  108  Long-Term Care Ombudsman.
  109         (13) “State ombudsman program” means the program operating
  110  under the direction of the office.
  111         Section 2. Section 400.0061, Florida Statutes, is amended
  112  to read:
  113         400.0061 Legislative findings and intent; long-term care
  114  facilities.—
  115         (1) The Legislature finds that conditions in long-term care
  116  facilities in this state are such that the rights, health,
  117  safety, and welfare of residents are not fully ensured by rules
  118  of the Department of Elderly Affairs or the Agency for Health
  119  Care Administration or by the good faith of owners or operators
  120  of long-term care facilities. Furthermore, there is a need for a
  121  formal mechanism whereby a long-term care facility resident, a
  122  representative of a long-term care facility resident, or any
  123  other concerned citizen may make a complaint against the
  124  facility or its employees, or against other persons who are in a
  125  position to restrict, interfere with, or threaten the rights,
  126  health, safety, or welfare of a long-term care facility
  127  resident. The Legislature finds that concerned citizens are
  128  often more effective advocates for the rights of others than
  129  governmental agencies. The Legislature further finds that in
  130  order to be eligible to receive an allotment of funds authorized
  131  and appropriated under the federal Older Americans Act, the
  132  state must establish and operate an Office of State Long-Term
  133  Care Ombudsman, to be headed by the state Long-Term Care
  134  ombudsman, and carry out a state long-term care ombudsman
  135  program.
  136         (2) It is the intent of the Legislature, therefore, to use
  137  utilize voluntary citizen ombudsmen ombudsman councils under the
  138  leadership of the state ombudsman, and, through them, to operate
  139  a state an ombudsman program, which shall, without interference
  140  by any executive agency, undertake to discover, investigate, and
  141  determine the presence of conditions or individuals who which
  142  constitute a threat to the rights, health, safety, or welfare of
  143  the residents of long-term care facilities. To ensure that the
  144  effectiveness and efficiency of such investigations are not
  145  impeded by advance notice or delay, the Legislature intends that
  146  representatives of the office ombudsman and ombudsman councils
  147  and their designated representatives not be required to obtain
  148  warrants in order to enter into or conduct investigations or
  149  onsite administrative assessments of long-term care facilities.
  150  It is the further intent of the Legislature that the environment
  151  in long-term care facilities be conducive to the dignity and
  152  independence of residents and that investigations by
  153  representatives of the office ombudsman councils shall further
  154  the enforcement of laws, rules, and regulations that safeguard
  155  the health, safety, and welfare of residents.
  156         Section 3. Section 400.0063, Florida Statutes, is amended
  157  to read:
  158         400.0063 Establishment of Office of State Long-Term Care
  159  Ombudsman; designation of ombudsman and legal advocate.—
  160         (1) There is created an Office of State Long-Term Care
  161  Ombudsman in the Department of Elderly Affairs.
  162         (2)(a) The Office of State Long-Term Care Ombudsman shall
  163  be headed by the state Long-Term Care ombudsman, who shall serve
  164  on a full-time basis and shall personally, or through
  165  representatives of the office, carry out the purposes and
  166  functions of the state ombudsman program office in accordance
  167  with state and federal law.
  168         (b) The state ombudsman shall be appointed by and shall
  169  serve at the pleasure of the Secretary of Elderly Affairs. The
  170  secretary shall appoint a person who has expertise and
  171  experience in the fields of long-term care and advocacy to serve
  172  as state ombudsman.
  173         (3)(a) There is created in the office the position of legal
  174  advocate, who shall be selected by and serve at the pleasure of
  175  the state ombudsman and shall be a member in good standing of
  176  The Florida Bar.
  177         (b) The duties of the legal advocate shall include, but not
  178  be limited to:
  179         1. Assisting the state ombudsman in carrying out the duties
  180  of the office with respect to the abuse, neglect, exploitation,
  181  or violation of rights of residents of long-term care
  182  facilities.
  183         2. Assisting the state council and representatives of the
  184  office local councils in carrying out their responsibilities
  185  under this part.
  186         3. Pursuing administrative, legal, and other appropriate
  187  remedies on behalf of residents.
  188         4. Serving as legal counsel to the state council and
  189  representatives of the office local councils, or individual
  190  members thereof, against whom any suit or other legal action
  191  that is initiated in connection with the performance of the
  192  official duties of the state ombudsman program councils or an
  193  individual member.
  194         Section 4. Section 400.0065, Florida Statutes, is amended
  195  to read:
  196         400.0065 Office of State Long-Term Care Ombudsman; duties
  197  and responsibilities.—
  198         (1) The purpose of the Office of State Long-Term Care
  199  Ombudsman is shall be to:
  200         (a) Identify, investigate, and resolve complaints made by
  201  or on behalf of residents of long-term care facilities relating
  202  to actions or omissions by providers or representatives of
  203  providers of long-term care services, other public or private
  204  agencies, guardians, or representative payees that may adversely
  205  affect the health, safety, welfare, or rights of the residents.
  206         (b) Provide services that assist in protecting the health,
  207  safety, welfare, and rights of residents.
  208         (c) Inform residents, their representatives, and other
  209  citizens about obtaining the services of the state Long-Term
  210  Care ombudsman program and its representatives.
  211         (d) Ensure that residents have regular and timely access to
  212  the services provided through the office and that residents and
  213  complainants receive timely responses from representatives of
  214  the office to their complaints.
  215         (e) Represent the interests of residents before
  216  governmental agencies and seek administrative, legal, and other
  217  remedies to protect the health, safety, welfare, and rights of
  218  the residents.
  219         (f) Administer the state council and local councils.
  220         (g) Analyze, comment on, and monitor the development and
  221  implementation of federal, state, and local laws, rules, and
  222  regulations, and other governmental policies and actions, that
  223  pertain to the health, safety, welfare, and rights of the
  224  residents, with respect to the adequacy of long-term care
  225  facilities and services in the state, and recommend any changes
  226  in such laws, rules, regulations, policies, and actions as the
  227  office determines to be appropriate and necessary.
  228         (h) Provide technical support for the development of
  229  resident and family councils to protect the well-being and
  230  rights of residents.
  231         (2) The state Long-Term Care ombudsman has shall have the
  232  duty and authority to:
  233         (a) Establish and coordinate districts local councils
  234  throughout the state.
  235         (b) Perform the duties specified in state and federal law,
  236  rules, and regulations.
  237         (c) Within the limits of appropriated federal and state
  238  funding, employ such personnel as are necessary to perform
  239  adequately the functions of the office and provide or contract
  240  for legal services to assist the state council and
  241  representatives of the office local councils in the performance
  242  of their duties. Staff positions established for the purpose of
  243  coordinating the activities of each local council and assisting
  244  its members may be filled by the ombudsman after approval by the
  245  secretary. Notwithstanding any other provision of this part,
  246  upon certification by the ombudsman that the staff member hired
  247  to fill any such position has completed the initial training
  248  required under s. 400.0091, such person shall be considered a
  249  representative of the State Long-Term Care Ombudsman Program for
  250  purposes of this part.
  251         (d) Contract for services necessary to carry out the
  252  activities of the office.
  253         (e) Apply for, receive, and accept grants, gifts, or other
  254  payments, including, but not limited to, real property, personal
  255  property, and services from a governmental entity or other
  256  public or private entity or person, and make arrangements for
  257  the use of such grants, gifts, or payments.
  258         (f) Coordinate, to the greatest extent possible, state and
  259  local ombudsman services with the protection and advocacy
  260  systems for individuals with developmental disabilities and
  261  mental illnesses and with legal assistance programs for the poor
  262  through adoption of memoranda of understanding and other means.
  263         (g) Enter into a cooperative agreement with the Statewide
  264  Advocacy Council for the purpose of coordinating and avoiding
  265  duplication of advocacy services provided to residents.
  266         (g)(h) Enter into a cooperative agreement with the Medicaid
  267  Fraud Division as prescribed under s. 731(e)(2)(B) of the Older
  268  Americans Act.
  269         (h)(i) Prepare an annual report describing the activities
  270  carried out by the office, the state council, and the districts
  271  local councils in the year for which the report is prepared. The
  272  state ombudsman shall submit the report to the secretary, the
  273  United States Assistant Secretary for Aging, the Governor, the
  274  President of the Senate, the Speaker of the House of
  275  Representatives, the Secretary of Children and Families, and the
  276  Secretary of Health Care Administration at least 30 days before
  277  the convening of the regular session of the Legislature. The
  278  secretary shall in turn submit the report to the United States
  279  Assistant Secretary for Aging, the Governor, the President of
  280  the Senate, the Speaker of the House of Representatives, the
  281  Secretary of Children and Families, and the Secretary of Health
  282  Care Administration. The report must shall, at a minimum:
  283         1. Contain and analyze data collected concerning complaints
  284  about and conditions in long-term care facilities and the
  285  disposition of such complaints.
  286         2. Evaluate the problems experienced by residents.
  287         3. Analyze the successes of the state ombudsman program
  288  during the preceding year, including an assessment of how
  289  successfully the office program has carried out its
  290  responsibilities under the Older Americans Act.
  291         4. Provide recommendations for policy, regulatory, and
  292  statutory changes designed to solve identified problems; resolve
  293  residents’ complaints; improve residents’ lives and quality of
  294  care; protect residents’ rights, health, safety, and welfare;
  295  and remove any barriers to the optimal operation of the state
  296  Long-Term Care ombudsman program.
  297         5. Contain recommendations from the state Long-Term Care
  298  Ombudsman council regarding program functions and activities and
  299  recommendations for policy, regulatory, and statutory changes
  300  designed to protect residents’ rights, health, safety, and
  301  welfare.
  302         6. Contain any relevant recommendations from
  303  representatives of the office local councils regarding program
  304  functions and activities.
  305         Section 5. Section 400.0067, Florida Statutes, is amended
  306  to read:
  307         400.0067 State Long-Term Care Ombudsman Council; duties;
  308  membership.—
  309         (1) There is created, within the Office of State Long-Term
  310  Care Ombudsman, the State Long-Term Care Ombudsman Council.
  311         (2) The state Long-Term Care Ombudsman council shall:
  312         (a) Serve as an advisory body to assist the state ombudsman
  313  in reaching a consensus among districts local councils on issues
  314  affecting residents and impacting the optimal operation of the
  315  program.
  316         (b) Serve as an appellate body in receiving from the local
  317  councils complaints not resolved at the local level. Any
  318  individual member or members of the state council may enter any
  319  long-term care facility involved in an appeal, pursuant to the
  320  conditions specified in s. 400.0074(2).
  321         (b)(c) Assist the state ombudsman to discover, investigate,
  322  and determine the existence of abuse or neglect in any long-term
  323  care facility, and work with the adult protective services
  324  program as required in ss. 415.101-415.113.
  325         (c)(d) Assist the state ombudsman in eliciting, receiving,
  326  responding to, and resolving complaints made by or on behalf of
  327  residents.
  328         (d)(e) Elicit and coordinate state, district local, and
  329  voluntary organizational assistance for the purpose of improving
  330  the care received by residents.
  331         (e)(f) Assist the state ombudsman in preparing the annual
  332  report described in s. 400.0065.
  333         (3) The state Long-Term Care Ombudsman council shall be
  334  composed of one active certified ombudsman from each local unit
  335  within a district local council member elected by each local
  336  council plus three at-large members appointed by the secretary
  337  Governor.
  338         (a) Each local unit in a district must select council shall
  339  elect by majority vote a representative of its choice to serve
  340  from among the council members to represent the interests of the
  341  local council on the state council. A local council chair may
  342  not serve as the representative of the local council on the
  343  state council.
  344         (b)1. The state ombudsman secretary, after consulting with
  345  the ombudsman, shall submit to the secretary Governor a list of
  346  individuals persons recommended for appointment to the at-large
  347  positions on the state council. The list may shall not include
  348  the name of any individual person who is currently serving in a
  349  district on a local council.
  350         2. The secretary Governor shall appoint three at-large
  351  members chosen from the list.
  352         3. If the secretary Governor does not appoint an at-large
  353  member to fill a vacant position within 60 days after the list
  354  is submitted, the state secretary, after consulting with the
  355  ombudsman, shall appoint an at-large member to fill that vacant
  356  position.
  357         (4)(a)(c)1.All State council members shall serve 3-year
  358  terms.
  359         2. A member of the state council may not serve more than
  360  two consecutive terms.
  361         3. A local council may recommend removal of its elected
  362  representative from the state council by a majority vote. If the
  363  council votes to remove its representative, the local council
  364  chair shall immediately notify the ombudsman. The secretary
  365  shall advise the Governor of the local council’s vote upon
  366  receiving notice from the ombudsman.
  367         (b)4. The position of any member missing three state
  368  council meetings within a 1-year period without cause may be
  369  declared vacant by the state ombudsman. The findings of the
  370  state ombudsman regarding cause shall be final and binding.
  371         (c)5. Any vacancy on the state council shall be filled in
  372  the same manner as the original appointment.
  373         (d)1. The state council shall elect a chair to serve for a
  374  term of 1 year. A chair may not serve more than two consecutive
  375  terms.
  376         2. The chair shall select a vice chair from among the
  377  members. The vice chair shall preside over the state council in
  378  the absence of the chair.
  379         3. The chair may create additional executive positions as
  380  necessary to carry out the duties of the state council. Any
  381  person appointed to an executive position shall serve at the
  382  pleasure of the chair, and his or her term shall expire on the
  383  same day as the term of the chair.
  384         4. A chair may be immediately removed from office before
  385  prior to the expiration of his or her term by a vote of two
  386  thirds of all state council members present at any meeting at
  387  which a quorum is present. If a chair is removed from office
  388  before prior to the expiration of his or her term, a replacement
  389  chair shall be chosen during the same meeting in the same manner
  390  as described in this paragraph, and the term of the replacement
  391  chair shall begin immediately. The replacement chair shall serve
  392  for the remainder of the term and is eligible to serve two
  393  subsequent consecutive terms.
  394         (e)1. The state council shall meet upon the call of the
  395  chair or upon the call of the state ombudsman. The state council
  396  shall meet at least quarterly but may meet more frequently as
  397  needed.
  398         2. A quorum shall be considered present if more than 50
  399  percent of all active state council members are in attendance at
  400  the same meeting.
  401         3. The state council may not vote on or otherwise make any
  402  decisions resulting in a recommendation that will directly
  403  impact the state council or any local council, outside of a
  404  publicly noticed meeting at which a quorum is present.
  405         (f) Members may not shall receive no compensation but
  406  shall, with approval from the state ombudsman, be reimbursed for
  407  per diem and travel expenses as provided in s. 112.061.
  408         Section 6. Section 400.0069, Florida Statutes, is amended
  409  to read:
  410         400.0069 Local Long-term care ombudsman districts councils;
  411  duties; appointment membership.—
  412         (1)(a) The state ombudsman shall designate districts local
  413  long-term care ombudsman councils to carry out the duties of the
  414  state Long-Term Care ombudsman program within local communities.
  415  Each district local council shall function under the direction
  416  of the state ombudsman.
  417         (b) The state ombudsman shall ensure that there are
  418  representatives of the office is at least one local council
  419  operating in each district of the department’s planning and
  420  service areas. The ombudsman may create additional local
  421  councils as necessary to ensure that residents throughout the
  422  state have adequate access to state Long-Term Care ombudsman
  423  program services. The ombudsman, after approval from the
  424  secretary, shall designate the jurisdictional boundaries of each
  425  local council.
  426         (c) Each district must convene a public meeting every
  427  quarter.
  428         (2) The duties of the representatives of the office in the
  429  districts local councils are to:
  430         (a) Provide services to assist in Serve as a third-party
  431  mechanism for protecting the health, safety, welfare, and civil
  432  and human rights of residents.
  433         (b) Discover, investigate, and determine the existence of
  434  abuse, or neglect, or exploitation using in any long-term care
  435  facility and to use the procedures provided for in ss. 415.101
  436  415.113 when applicable.
  437         (c) Identify Elicit, receive, investigate, respond to, and
  438  resolve complaints made by or on behalf of residents relating to
  439  actions or omissions by providers or representatives of
  440  providers of long-term care services, other public agencies,
  441  guardians, or representative payees which may adversely affect
  442  the health, safety, welfare, or rights of residents.
  443         (d) Review and, if necessary, comment on all existing or
  444  proposed rules, regulations, and other governmental policies and
  445  actions relating to long-term care facilities that may
  446  potentially have an effect on the rights, health, safety,
  447  welfare, and rights welfare of residents.
  448         (e) Review personal property and money accounts of
  449  residents who are receiving assistance under the Medicaid
  450  program pursuant to an investigation to obtain information
  451  regarding a specific complaint or problem.
  452         (f) Recommend that the state ombudsman and the legal
  453  advocate seek administrative, legal, and other remedies to
  454  protect the health, safety, welfare, and rights of the
  455  residents.
  456         (g) Provide technical assistance for the development of
  457  resident and family councils within long-term care facilities.
  458         (h)(g) Carry out other activities that the state ombudsman
  459  determines to be appropriate.
  460         (3) In order to carry out the duties specified in
  461  subsection (2), a representative of the office may member of a
  462  local council is authorized to enter any long-term care facility
  463  without notice or without first obtaining a warrant; however,
  464  subject to the provisions of s. 400.0074(2) may apply regarding
  465  notice of a followup administrative assessment.
  466         (4) Each district local council shall be composed of
  467  ombudsmen members whose primary residences are residence is
  468  located within the boundaries of the district local council’s
  469  jurisdiction.
  470         (a) Upon good cause shown, the state ombudsman may appoint
  471  an ombudsman to another district. The ombudsman shall strive to
  472  ensure that each local council include the following persons as
  473  members:
  474         1. At least one medical or osteopathic physician whose
  475  practice includes or has included a substantial number of
  476  geriatric patients and who may practice in a long-term care
  477  facility;
  478         2. At least one registered nurse who has geriatric
  479  experience;
  480         3. At least one licensed pharmacist;
  481         4. At least one registered dietitian;
  482         5. At least six nursing home residents or representative
  483  consumer advocates for nursing home residents;
  484         6. At least three residents of assisted living facilities
  485  or adult family-care homes or three representative consumer
  486  advocates for alternative long-term care facility residents;
  487         7. At least one attorney; and
  488         8. At least one professional social worker.
  489         (b) The following individuals may not be appointed as
  490  ombudsmen:
  491         1. The owner or representative of a long-term care
  492  facility.
  493         2. A provider or representative of a provider of long-term
  494  care service.
  495         3. An employee of the agency.
  496         4. An employee of the department, except for a
  497  representative of the office.
  498         5. An employee of the Department of Children and Families.
  499         6. An employee of the Agency for Persons with Disabilities
  500  In no case shall the medical director of a long-term care
  501  facility or an employee of the agency, the department, the
  502  Department of Children and Families, or the Agency for Persons
  503  with Disabilities serve as a member or as an ex officio member
  504  of a council.
  505         (5)(a) To be appointed as an ombudsman, an individual must:
  506         1.Individuals wishing to join a local council shall Submit
  507  an application to the state ombudsman or his or her designee.
  508         2. Successfully complete level 2 background screening
  509  pursuant to s. 430.0402 and chapter 435 The ombudsman shall
  510  review the individual’s application and advise the secretary of
  511  his or her recommendation for approval or disapproval of the
  512  candidate’s membership on the local council. If the secretary
  513  approves of the individual’s membership, the individual shall be
  514  appointed as a member of the local council.
  515         (b) The state ombudsman shall approve or deny the
  516  appointment of the individual as an ombudsman The secretary may
  517  rescind the ombudsman’s approval of a member on a local council
  518  at any time. If the secretary rescinds the approval of a member
  519  on a local council, the ombudsman shall ensure that the
  520  individual is immediately removed from the local council on
  521  which he or she serves and the individual may no longer
  522  represent the State Long-Term Care Ombudsman Program until the
  523  secretary provides his or her approval.
  524         (c) Upon appointment as an ombudsman, the individual may
  525  participate in district activities but may not represent the
  526  office or conduct any authorized program duties until the
  527  individual has completed the initial training specified in s.
  528  400.0091(1) and has been certified by the state ombudsman.
  529         (d) The state ombudsman, for good cause shown, such as
  530  development of a conflict of interest, failure to adhere to the
  531  policies and procedures established by the office, or
  532  demonstrated inability to carry out the responsibilities of the
  533  office, may rescind the appointment of an individual as an
  534  ombudsman. After the appointment is rescinded, the individual
  535  may not conduct any duties as an ombudsman and may not represent
  536  the office or the state ombudsman program A local council may
  537  recommend the removal of one or more of its members by
  538  submitting to the ombudsman a resolution adopted by a two-thirds
  539  vote of the members of the council stating the name of the
  540  member or members recommended for removal and the reasons for
  541  the recommendation. If such a recommendation is adopted by a
  542  local council, the local council chair or district coordinator
  543  shall immediately report the council’s recommendation to the
  544  ombudsman. The ombudsman shall review the recommendation of the
  545  local council and advise the secretary of his or her
  546  recommendation regarding removal of the council member or
  547  members.
  548         (6)(a) Each local council shall elect a chair for a term of
  549  1 year. There shall be no limitation on the number of terms that
  550  an approved member of a local council may serve as chair.
  551         (b) The chair shall select a vice chair from among the
  552  members of the council. The vice chair shall preside over the
  553  council in the absence of the chair.
  554         (c) The chair may create additional executive positions as
  555  necessary to carry out the duties of the local council. Any
  556  person appointed to an executive position shall serve at the
  557  pleasure of the chair, and his or her term shall expire on the
  558  same day as the term of the chair.
  559         (d) A chair may be immediately removed from office prior to
  560  the expiration of his or her term by a vote of two-thirds of the
  561  members of the local council. If any chair is removed from
  562  office prior to the expiration of his or her term, a replacement
  563  chair shall be elected during the same meeting, and the term of
  564  the replacement chair shall begin immediately. The replacement
  565  chair shall serve for the remainder of the term of the person he
  566  or she replaced.
  567         (7) Each local council shall meet upon the call of its
  568  chair or upon the call of the ombudsman. Each local council
  569  shall meet at least once a month but may meet more frequently if
  570  necessary.
  571         (6)(8)An ombudsman may not A member of a local council
  572  shall receive no compensation but shall, with approval from the
  573  state ombudsman, be reimbursed for travel expenses both within
  574  and outside the jurisdiction of the local council in accordance
  575  with the provisions of s. 112.061.
  576         (7)(9)A representative of the office may The local
  577  councils are authorized to call upon appropriate state agencies
  578  of state government for such professional assistance as may be
  579  needed in the discharge of his or her their duties, and such.
  580  All state agencies shall cooperate with the local councils in
  581  providing requested information and agency representation at
  582  council meetings.
  583         Section 7. Section 400.0070, Florida Statutes, is amended
  584  to read:
  585         400.0070 Conflicts of interest.—
  586         (1) A representative of the office may The ombudsman shall
  587  not:
  588         (a) Have a direct involvement in the licensing or
  589  certification of, or an ownership or investment interest in, a
  590  long-term care facility or a provider of a long-term care
  591  service.
  592         (b) Be employed by, or participate in the management of, a
  593  long-term care facility.
  594         (c) Receive, or have a right to receive, directly or
  595  indirectly, remuneration, in cash or in kind, under a
  596  compensation agreement with the owner or operator of a long-term
  597  care facility.
  598         (2) Each representative employee of the office, each state
  599  council member, and each local council member shall certify that
  600  he or she does not have any has no conflict of interest.
  601         (3) The department, in consultation with the state
  602  ombudsman, shall define by rule:
  603         (a) Situations that constitute an individual a person
  604  having a conflict of interest which that could materially affect
  605  the objectivity or capacity of the individual a person to serve
  606  as a representative on an ombudsman council, or as an employee
  607  of the office, while carrying out the purposes of the State
  608  Long-Term Care Ombudsman Program as specified in this part.
  609         (b) The procedure by which an individual a person listed in
  610  subsection (2) shall certify that he or she does not have a has
  611  no conflict of interest.
  612         Section 8. Section 400.0071, Florida Statutes, is amended
  613  to read:
  614         400.0071 State Long-Term Care ombudsman program complaint
  615  procedures.—The department, in consultation with the state
  616  ombudsman, shall adopt rules implementing state and local
  617  complaint procedures. The rules must include procedures for
  618  receiving, investigating, identifying, and resolving complaints
  619  concerning the health, safety, welfare, and rights of residents:
  620         (1) Receiving complaints against a long-term care facility
  621  or an employee of a long-term care facility.
  622         (2) Conducting investigations of a long-term care facility
  623  or an employee of a long-term care facility subsequent to
  624  receiving a complaint.
  625         (3) Conducting onsite administrative assessments of long
  626  term care facilities.
  627         Section 9. Section 400.0073, Florida Statutes, is amended
  628  to read:
  629         400.0073 Complaint State and local ombudsman council
  630  investigations.—
  631         (1) A representative of the office local council shall
  632  identify and investigate, within a reasonable time after a
  633  complaint is made, any complaint made by or on behalf of a
  634  resident, a representative of a resident, or any other credible
  635  source based on an action or omission by an administrator, an
  636  employee, or a representative of a long-term care facility which
  637  might be:
  638         (a) Contrary to law;
  639         (b) Unreasonable, unfair, oppressive, or unnecessarily
  640  discriminatory, even though in accordance with law;
  641         (c) Based on a mistake of fact;
  642         (d) Based on improper or irrelevant grounds;
  643         (e) Unaccompanied by an adequate statement of reasons;
  644         (f) Performed in an inefficient manner; or
  645         (g) Otherwise adversely affecting the health, safety,
  646  welfare, or rights of a resident.
  647         (2) In an investigation, both the state and local councils
  648  have the authority to hold public hearings.
  649         (3) Subsequent to an appeal from a local council, the state
  650  council may investigate any complaint received by the local
  651  council involving a long-term care facility or a resident.
  652         (2)(4) If a representative of the office the ombudsman or
  653  any state or local council member is not allowed to enter a
  654  long-term care facility, the administrator of the facility shall
  655  be considered to have interfered with a representative of the
  656  office, the state council, or the local council in the
  657  performance of official duties as described in s. 400.0083(1)
  658  and to have violated committed a violation of this part. The
  659  representative of the office ombudsman shall report a facility’s
  660  refusal to allow entry to the facility to the state ombudsman or
  661  his or her designee, who shall report the incident to the
  662  agency, and the agency shall record the report and take it into
  663  consideration when determining actions allowable under s.
  664  400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
  665  429.71.
  666         Section 10. Section 400.0074, Florida Statutes, is amended
  667  to read:
  668         400.0074 Local ombudsman council Onsite administrative
  669  assessments.—
  670         (1) A representative of the office In addition to any
  671  specific investigation conducted pursuant to a complaint, the
  672  local council shall conduct, at least annually, an onsite
  673  administrative assessment of each nursing home, assisted living
  674  facility, and adult family-care home within its jurisdiction.
  675  This administrative assessment must be resident-centered and
  676  must shall focus on factors affecting the rights, health,
  677  safety, and welfare of the residents. Each local council is
  678  encouraged to conduct a similar onsite administrative assessment
  679  of each additional long-term care facility within its
  680  jurisdiction.
  681         (2) An onsite administrative assessment is conducted by a
  682  local council shall be subject to the following conditions:
  683         (a) To the extent possible and reasonable, the
  684  administrative assessment may assessments shall not duplicate
  685  the efforts of the agency surveys and inspections conducted by
  686  state agencies of long-term care facilities under part II of
  687  this chapter and parts I and II of chapter 429.
  688         (b) An administrative assessment shall be conducted at a
  689  time and for a duration necessary to produce the information
  690  required to complete the assessment carry out the duties of the
  691  local council.
  692         (c) Advance notice of an administrative assessment may not
  693  be provided to a long-term care facility, except that notice of
  694  followup assessments on specific problems may be provided.
  695         (d) A representative of the office local council member
  696  physically present for the administrative assessment must shall
  697  identify himself or herself to the administrator and cite the
  698  specific statutory authority for his or her assessment of the
  699  facility or his or her designee.
  700         (e) An administrative assessment may not unreasonably
  701  interfere with the programs and activities of residents.
  702         (f) A representative of the office local council member may
  703  not enter a single-family residential unit within a long-term
  704  care facility during an administrative assessment without the
  705  permission of the resident or the representative of the
  706  resident.
  707         (g) An administrative assessment shall must be conducted in
  708  a manner that does not impose an will impose no unreasonable
  709  burden on a long-term care facility.
  710         (3) Regardless of jurisdiction, the ombudsman may authorize
  711  a state or local council member to assist another local council
  712  to perform the administrative assessments described in this
  713  section.
  714         (4) An onsite administrative assessment may not be
  715  accomplished by forcible entry. However, if a representative of
  716  the office ombudsman or a state or local council member is not
  717  allowed to enter a long-term care facility, the administrator of
  718  the facility shall be considered to have interfered with a
  719  representative of the office, the state council, or the local
  720  council in the performance of official duties as described in s.
  721  400.0083(1) and to have committed a violation of this part. The
  722  representative of the office ombudsman shall report the refusal
  723  by a facility to allow entry to the state ombudsman or his or
  724  her designee, who shall then report the incident to the agency,
  725  and the agency shall record the report and take it into
  726  consideration when determining actions allowable under s.
  727  400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
  728  429.71.
  729         (4) The department, in consultation with the state
  730  ombudsman, may adopt rules implementing procedures for
  731  conducting onsite administrative assessments of long-term care
  732  facilities.
  733         Section 11. Section 400.0075, Florida Statutes, is amended
  734  to read:
  735         400.0075 Complaint notification and resolution procedures.—
  736         (1)(a) Any complaint or problem verified by a
  737  representative of the office an ombudsman council as a result of
  738  an investigation may or onsite administrative assessment, which
  739  complaint or problem is determined to require remedial action by
  740  the local council, shall be identified and brought to the
  741  attention of the long-term care facility administrator, subject
  742  to the confidentiality provisions of s. 400.0077 in writing.
  743  Upon receipt of the information such document, the
  744  administrator, with the concurrence of the representative of the
  745  office local council chair, shall establish target dates for
  746  taking appropriate remedial action. If, by the target date, the
  747  remedial action is not completed or forthcoming, the
  748  representative may extend the target date if there is reason to
  749  believe such action would facilitate the resolution of the
  750  complaint, or the representative may refer the complaint to the
  751  district office local council chair may, after obtaining
  752  approval from the ombudsman and a majority of the members of the
  753  local council:
  754         1. Extend the target date if the chair has reason to
  755  believe such action would facilitate the resolution of the
  756  complaint.
  757         2. In accordance with s. 400.0077, publicize the complaint,
  758  the recommendations of the council, and the response of the
  759  long-term care facility.
  760         3. Refer the complaint to the state council.
  761         (b) If an ombudsman determines the local council chair
  762  believes that the health, safety, welfare, or rights of a the
  763  resident are in imminent danger, the ombudsman must immediately
  764  notify the district office. The district office chair shall
  765  notify the ombudsman or legal advocate, who, after verifying
  766  that such imminent danger exists, must notify the appropriate
  767  state agencies, including law enforcement agencies, the state
  768  ombudsman, and the legal advocate, to ensure the protection of
  769  shall seek immediate legal or administrative remedies to protect
  770  the resident.
  771         (c) If the state ombudsman or legal advocate has reason to
  772  believe that the long-term care facility or an employee of the
  773  facility has committed a criminal act, the state ombudsman or
  774  legal advocate shall provide the local law enforcement agency
  775  with the relevant information to initiate an investigation of
  776  the case.
  777         (2)(a) Upon referral from a district local council, the
  778  state ombudsman or his or her designee council shall assume the
  779  responsibility for the disposition of the complaint. If a long
  780  term care facility fails to take action to resolve or remedy the
  781  on a complaint by the state council, the state ombudsman council
  782  may, after obtaining approval from the ombudsman and a majority
  783  of the state council members:
  784         (a)1. In accordance with s. 400.0077, publicize the
  785  complaint, the recommendations of the representatives of the
  786  office local or state council, and the response of the long-term
  787  care facility.
  788         (b)2. Recommend to the department and the agency a series
  789  of facility reviews pursuant to s. 400.19, s. 429.34, or s.
  790  429.67 to ensure correction and nonrecurrence of the conditions
  791  that gave give rise to the complaint complaints against the a
  792  long-term care facility.
  793         (c)3. Recommend to the department and the agency that the
  794  long-term care facility no longer receive payments under any
  795  state assistance program, including Medicaid.
  796         (d)4. Recommend to the department and the agency that
  797  procedures be initiated for action against revocation of the
  798  long-term care facility’s license in accordance with chapter
  799  120.
  800         (b) If the state council chair believes that the health,
  801  safety, welfare, or rights of the resident are in imminent
  802  danger, the chair shall notify the ombudsman or legal advocate,
  803  who, after verifying that such imminent danger exists, shall
  804  seek immediate legal or administrative remedies to protect the
  805  resident.
  806         (3)(c) If the state ombudsman, after consultation with the
  807  legal advocate, has reason to believe that the long-term care
  808  facility or an employee of the facility has committed a criminal
  809  act, the office ombudsman shall provide the local law
  810  enforcement agency with the relevant information to initiate an
  811  investigation of the case.
  812         Section 12. Section 400.0078, Florida Statutes, is amended
  813  to read:
  814         400.0078 Citizen access to state Long-Term Care ombudsman
  815  program services.—
  816         (1) The office shall establish a statewide toll-free
  817  telephone number and e-mail address for receiving complaints
  818  concerning matters adversely affecting the health, safety,
  819  welfare, or rights of residents.
  820         (2) Every resident or representative of a resident shall
  821  receive, Upon admission to a long-term care facility, each
  822  resident or representative of a resident must receive
  823  information regarding:
  824         (a) The purpose of the state Long-Term Care ombudsman
  825  program.,
  826         (b) The statewide toll-free telephone number and e-mail
  827  address for receiving complaints., and
  828         (c) Information that retaliatory action cannot be taken
  829  against a resident for presenting grievances or for exercising
  830  any other resident rights.
  831         (d) Other relevant information regarding how to contact
  832  representatives of the office program.
  833  
  834  Residents or their representatives must be furnished additional
  835  copies of this information upon request.
  836         Section 13. Section 400.0079, Florida Statutes, is amended
  837  to read:
  838         400.0079 Immunity.—
  839         (1) Any person making a complaint pursuant to this part who
  840  does so in good faith shall be immune from any liability, civil
  841  or criminal, that otherwise might be incurred or imposed as a
  842  direct or indirect result of making the complaint.
  843         (2) Representatives of the office and The ombudsman or any
  844  person authorized by the ombudsman to act on behalf of the
  845  office, as well as all members of the state council are and
  846  local councils, shall be immune from any liability, civil or
  847  criminal, that otherwise might be incurred or imposed during the
  848  good faith performance of official duties.
  849         Section 14. Section 400.0081, Florida Statutes, is amended
  850  to read:
  851         400.0081 Access to facilities, residents, and records.—
  852         (1) A long-term care facility shall provide representatives
  853  of the office with, the state council and its members, and the
  854  local councils and their members access to:
  855         (a) Access to Any portion of the long-term care facility
  856  and residents any resident as necessary to investigate or
  857  resolve a complaint.
  858         (b) Appropriate access to medical and social records of a
  859  resident for review as necessary to investigate or resolve a
  860  complaint, if:
  861         1. The representative of the office has the permission of
  862  the resident or the legal representative of the resident; or
  863         2. The resident is unable to consent to the review and does
  864  not have a has no legal representative.
  865         (c) Access to medical and social records of a the resident
  866  as necessary to investigate or resolve a complaint, if:
  867         1. A legal representative or guardian of the resident
  868  refuses to give permission;
  869         2. A representative of the office has reasonable cause to
  870  believe that the legal representative or guardian is not acting
  871  in the best interests of the resident; and
  872         3. The representative of the office state or local council
  873  member obtains the approval of the state ombudsman.
  874         (d) Access to the administrative records, policies, and
  875  documents to which residents or the general public has have
  876  access.
  877         (e) Upon request, copies of all licensing and certification
  878  records maintained by the state with respect to a long-term care
  879  facility.
  880         (2) The department, in consultation with the state
  881  ombudsman and the state council, may adopt rules to establish
  882  procedures to ensure access to facilities, residents, and
  883  records as described in this section.
  884         Section 15. Section 400.0083, Florida Statutes, is amended
  885  to read:
  886         400.0083 Interference; retaliation; penalties.—
  887         (1) A It shall be unlawful for any person, long-term care
  888  facility, or other entity may not to willfully interfere with a
  889  representative of the office or, the state council, or a local
  890  council in the performance of official duties.
  891         (2) A It shall be unlawful for any person, long-term care
  892  facility, or other entity may not to knowingly or willfully take
  893  action or retaliate against any resident, employee, or other
  894  person for filing a complaint with, providing information to, or
  895  otherwise cooperating with any representative of the office or,
  896  the state council, or a local council.
  897         (3) A Any person, long-term care facility, or other entity
  898  that violates this section:
  899         (a) Is Shall be liable for damages and equitable relief as
  900  determined by law.
  901         (b) Commits a misdemeanor of the second degree, punishable
  902  as provided in s. 775.083.
  903         Section 16. Section 400.0087, Florida Statutes, is amended
  904  to read:
  905         400.0087 Department oversight; funding.—
  906         (1) The department shall meet the costs associated with the
  907  state Long-Term Care ombudsman program from funds appropriated
  908  to it.
  909         (a) The department shall include the costs associated with
  910  support of the state Long-Term Care ombudsman program when
  911  developing its budget requests for consideration by the Governor
  912  and submittal to the Legislature.
  913         (b) The department may divert from the federal ombudsman
  914  appropriation an amount equal to the department’s administrative
  915  cost ratio to cover the costs associated with administering the
  916  state ombudsman program. The remaining allotment from the Older
  917  Americans Act program shall be expended on direct ombudsman
  918  activities.
  919         (2) The department shall monitor the office and, the state
  920  council, and the local councils to ensure that each is carrying
  921  out the duties delegated to it by state and federal law.
  922         (3) The department is responsible for ensuring that the
  923  office:
  924         (a) Has the objectivity and independence required to
  925  qualify it for funding under the federal Older Americans Act.
  926         (b) Provides information to public and private agencies,
  927  legislators, and others, subject to the confidentiality
  928  provisions of s. 400.0077.
  929         (c) Provides appropriate training to representatives of the
  930  office or of the state or local councils.
  931         (d) Coordinates ombudsman services with Disability Rights
  932  Florida the Advocacy Center for Persons with Disabilities and
  933  with providers of legal services to residents of long-term care
  934  facilities in compliance with state and federal laws.
  935         (4) The department shall also:
  936         (a) Receive and disburse state and federal funds for
  937  purposes that the state ombudsman has formulated in accordance
  938  with the Older Americans Act.
  939         (b) Whenever necessary, act as liaison between agencies and
  940  branches of the federal and state governments and the office
  941  State Long-Term Care Ombudsman Program.
  942         Section 17. Section 400.0089, Florida Statutes, is amended
  943  to read:
  944         400.0089 Complaint data reports.—The office shall maintain
  945  a statewide uniform reporting system to collect and analyze data
  946  relating to complaints and conditions in long-term care
  947  facilities and to residents for the purpose of identifying and
  948  resolving complaints significant problems. The office shall
  949  publish quarterly and make readily available information
  950  pertaining to the number and types of complaints received by the
  951  state Long-Term Care ombudsman program and shall include such
  952  information in the annual report required under s. 400.0065.
  953         Section 18. Section 400.0091, Florida Statutes, is amended
  954  to read:
  955         400.0091 Training.—The state ombudsman shall ensure that
  956  appropriate training is provided to all representatives
  957  employees of the office and to the members of the state and
  958  local councils.
  959         (1) All representatives state and local council members and
  960  employees of the office shall be given a minimum of 20 hours of
  961  training upon employment with the office or appointment as an
  962  ombudsman. Ten approval as a state or local council member and
  963  10 hours of continuing education is required annually
  964  thereafter.
  965         (2) The state ombudsman shall approve the curriculum for
  966  the initial and continuing education training, which must, at a
  967  minimum, address:
  968         (a) Resident confidentiality.
  969         (b) Guardianships and powers of attorney.
  970         (c) Medication administration.
  971         (d) Care and medication of residents with dementia and
  972  Alzheimer’s disease.
  973         (e) Accounting for residents’ funds.
  974         (f) Discharge rights and responsibilities.
  975         (g) Cultural sensitivity.
  976         (h) Any other topic related to residency within a long-term
  977  care facility recommended by the secretary.
  978         (3) An individual No employee, officer, or representative
  979  of the office or of the state or local councils, other than the
  980  state ombudsman, may not hold himself or herself out as a
  981  representative of the office State Long-Term Care Ombudsman
  982  Program or conduct any authorized program duty described in this
  983  part unless the individual person has received the training
  984  required by this section and has been certified by the state
  985  ombudsman as qualified to carry out ombudsman activities on
  986  behalf of the office or the state or local councils.
  987         Section 19. Subsection (4) of section 20.41, Florida
  988  Statutes, is amended to read:
  989         20.41 Department of Elderly Affairs.—There is created a
  990  Department of Elderly Affairs.
  991         (4) The department shall administer the Office of State
  992  Long-Term Care Ombudsman Council, created by s. 400.0063 s.
  993  400.0067, and the local long-term care ombudsman councils,
  994  created by s. 400.0069 and shall, as required by s. 712 of the
  995  federal Older Americans Act of 1965, ensure that both the state
  996  office operates and local long-term care ombudsman councils
  997  operate in compliance with the Older Americans Act.
  998         Section 20. Present subsections (11) through (14) of
  999  section 400.021, Florida Statutes, are renumbered as subsections
 1000  (10) through (13), respectively, present subsections (10) and
 1001  (18) are amended, and a new subsection (14) is added to that
 1002  section, to read:
 1003         400.021 Definitions.—When used in this part, unless the
 1004  context otherwise requires, the term:
 1005         (10) “Local ombudsman council” means a local long-term care
 1006  ombudsman council established pursuant to s. 400.0069, located
 1007  within the Older Americans Act planning and service areas.
 1008         (14) “Representative of the state ombudsman program” has
 1009  the same meaning as provided in s. 400.0060.
 1010         (18) “State ombudsman program councilhas the same meaning
 1011  as provided in s. 400.0060 means the State Long-Term Care
 1012  Ombudsman Council established pursuant to s. 400.0067.
 1013         Section 21. Paragraph (c) of subsection (1) and subsections
 1014  (2) and (3) of section 400.022, Florida Statutes, are amended to
 1015  read:
 1016         400.022 Residents’ rights.—
 1017         (1) All licensees of nursing home facilities shall adopt
 1018  and make public a statement of the rights and responsibilities
 1019  of the residents of such facilities and shall treat such
 1020  residents in accordance with the provisions of that statement.
 1021  The statement shall assure each resident the following:
 1022         (c) Any entity or individual that provides health, social,
 1023  legal, or other services to a resident has the right to have
 1024  reasonable access to the resident. The resident has the right to
 1025  deny or withdraw consent to access at any time by any entity or
 1026  individual. Notwithstanding the visiting policy of the facility,
 1027  the following individuals must be permitted immediate access to
 1028  the resident:
 1029         1. Any representative of the federal or state government,
 1030  including, but not limited to, representatives of the Department
 1031  of Children and Families, the Department of Health, the Agency
 1032  for Health Care Administration, the Office of the Attorney
 1033  General, and the Department of Elderly Affairs; any law
 1034  enforcement officer; any representative members of the state or
 1035  local ombudsman program council; and the resident’s individual
 1036  physician.
 1037         2. Subject to the resident’s right to deny or withdraw
 1038  consent, immediate family or other relatives of the resident.
 1039  
 1040  The facility must allow representatives of the office state
 1041  Long-Term Care ombudsman Council to examine a resident’s
 1042  clinical records with the permission of the resident or the
 1043  resident’s legal representative and consistent with state law.
 1044         (2) The licensee for each nursing home shall orally inform
 1045  the resident of the resident’s rights and provide a copy of the
 1046  statement required by subsection (1) to each resident or the
 1047  resident’s legal representative at or before the resident’s
 1048  admission to a facility. The licensee shall provide a copy of
 1049  the resident’s rights to each staff member of the facility. Each
 1050  such licensee shall prepare a written plan and provide
 1051  appropriate staff training to implement the provisions of this
 1052  section. The written statement of rights must include a
 1053  statement that a resident may file a complaint with the agency
 1054  or state local ombudsman program council. The statement must be
 1055  in boldfaced type and shall include the name, address, and
 1056  telephone number and e-mail address of the state numbers of the
 1057  local ombudsman program council and the telephone number of the
 1058  central abuse hotline where complaints may be lodged.
 1059         (3) Any violation of the resident’s rights set forth in
 1060  this section constitutes shall constitute grounds for action by
 1061  the agency under the provisions of s. 400.102, s. 400.121, or
 1062  part II of chapter 408. In order to determine whether the
 1063  licensee is adequately protecting residents’ rights, the
 1064  licensure inspection of the facility must shall include private
 1065  informal conversations with a sample of residents to discuss
 1066  residents’ experiences within the facility with respect to
 1067  rights specified in this section and general compliance with
 1068  standards, and consultation with a representative of the state
 1069  ombudsman program council in the local planning and service area
 1070  of the Department of Elderly Affairs in which the nursing home
 1071  is located.
 1072         Section 22. Subsections (8), (9), and (11) through (14) of
 1073  section 400.0255, Florida Statutes, are amended to read:
 1074         400.0255 Resident transfer or discharge; requirements and
 1075  procedures; hearings.—
 1076         (8) The notice required by subsection (7) must be in
 1077  writing and must contain all information required by state and
 1078  federal law, rules, or regulations applicable to Medicaid or
 1079  Medicare cases. The agency shall develop a standard document to
 1080  be used by all facilities licensed under this part for purposes
 1081  of notifying residents of a discharge or transfer. Such document
 1082  must include a means for a resident to request the state local
 1083  long-term care ombudsman program council to review the notice
 1084  and request information about or assistance with initiating a
 1085  fair hearing with the department’s Office of Appeals Hearings.
 1086  In addition to any other pertinent information included, the
 1087  form shall specify the reason allowed under federal or state law
 1088  that the resident is being discharged or transferred, with an
 1089  explanation to support this action. Further, the form must shall
 1090  state the effective date of the discharge or transfer and the
 1091  location to which the resident is being discharged or
 1092  transferred. The form must shall clearly describe the resident’s
 1093  appeal rights and the procedures for filing an appeal, including
 1094  the right to request the state local ombudsman program council
 1095  to review the notice of discharge or transfer. A copy of the
 1096  notice must be placed in the resident’s clinical record, and a
 1097  copy must be transmitted to the resident’s legal guardian or
 1098  representative and to the office local ombudsman council within
 1099  5 business days after signature by the resident or resident
 1100  designee.
 1101         (9) A resident may request that the state local ombudsman
 1102  program council review any notice of discharge or transfer given
 1103  to the resident. When requested by a resident to review a notice
 1104  of discharge or transfer, the state local ombudsman program
 1105  council shall do so within 7 days after receipt of the request.
 1106  The nursing home administrator, or the administrator’s designee,
 1107  must forward the request for review contained in the notice to
 1108  the state local ombudsman program council within 24 hours after
 1109  such request is submitted. Failure to forward the request within
 1110  24 hours after the request is submitted shall toll the running
 1111  of the 30-day advance notice period until the request has been
 1112  forwarded.
 1113         (11) Notwithstanding paragraph (10)(b), an emergency
 1114  discharge or transfer may be implemented as necessary pursuant
 1115  to state or federal law during the period of time after the
 1116  notice is given and before the time a hearing decision is
 1117  rendered. Notice of an emergency discharge or transfer to the
 1118  resident, the resident’s legal guardian or representative, and
 1119  the state local ombudsman program council if requested pursuant
 1120  to subsection (9) must be by telephone or in person. This notice
 1121  shall be given before the transfer, if possible, or as soon
 1122  thereafter as practicable. A representative of the state local
 1123  ombudsman program council conducting a review under this
 1124  subsection shall do so within 24 hours after receipt of the
 1125  request. The resident’s file must be documented to show who was
 1126  contacted, whether the contact was by telephone or in person,
 1127  and the date and time of the contact. If the notice is not given
 1128  in writing, written notice meeting the requirements of
 1129  subsection (8) must be given the next working day.
 1130         (12) After receipt of any notice required under this
 1131  section, the state local ombudsman program council may request a
 1132  private informal conversation with a resident to whom the notice
 1133  is directed, and, if known, a family member or the resident’s
 1134  legal guardian or designee, to ensure that the facility is
 1135  proceeding with the discharge or transfer in accordance with the
 1136  requirements of this section. If requested, the state local
 1137  ombudsman program council shall assist the resident with filing
 1138  an appeal of the proposed discharge or transfer.
 1139         (13) The following persons must be present at all hearings
 1140  authorized under this section:
 1141         (a) The resident, or the resident’s legal representative or
 1142  designee.
 1143         (b) The facility administrator, or the facility’s legal
 1144  representative or designee.
 1145  
 1146  A representative of the state local long-term care ombudsman
 1147  program council may be present at all hearings authorized by
 1148  this section.
 1149         (14) In any hearing under this section, the following
 1150  information concerning the parties shall be confidential and
 1151  exempt from the provisions of s. 119.07(1):
 1152         (a) Names and addresses.
 1153         (b) Medical services provided.
 1154         (c) Social and economic conditions or circumstances.
 1155         (d) Evaluation of personal information.
 1156         (e) Medical data, including diagnosis and past history of
 1157  disease or disability.
 1158         (f) Any information received verifying income eligibility
 1159  and amount of medical assistance payments. Income information
 1160  received from the Social Security Administration or the Internal
 1161  Revenue Service must be safeguarded according to the
 1162  requirements of the agency that furnished the data.
 1163  
 1164  The exemption created by this subsection does not prohibit
 1165  access to such information by a representative of the state
 1166  local long-term care ombudsman program council upon request, by
 1167  a reviewing court if such information is required to be part of
 1168  the record upon subsequent review, or as specified in s. 24(a),
 1169  Art. I of the State Constitution.
 1170         Section 23. Subsection (2) of section 400.1413, Florida
 1171  Statutes, is amended to read:
 1172         400.1413 Volunteers in nursing homes.—
 1173         (2) This section does not affect the activities of the
 1174  state or local long-term care ombudsman program councils
 1175  authorized under part I.
 1176         Section 24. Paragraph (d) of subsection (5) of section
 1177  400.162, Florida Statutes, is amended to read:
 1178         400.162 Property and personal affairs of residents.—
 1179         (5)
 1180         (d) If, at any time during the period for which a license
 1181  is issued, a licensee that has not purchased a surety bond or
 1182  entered into a self-insurance agreement, as provided in
 1183  paragraphs (b) and (c), is requested to provide safekeeping for
 1184  the personal funds of a resident, the licensee shall notify the
 1185  agency of the request and make application for a surety bond or
 1186  for participation in a self-insurance agreement within 7 days
 1187  after of the request, exclusive of weekends and holidays. Copies
 1188  of the application, along with written documentation of related
 1189  correspondence with an insurance agency or group, shall be
 1190  maintained by the licensee for review by the agency and the
 1191  state Nursing Home and Long-Term Care Facility ombudsman program
 1192  Council.
 1193         Section 25. Subsections (1) and (4) of section 400.19,
 1194  Florida Statutes, are amended to read:
 1195         400.19 Right of entry and inspection.—
 1196         (1) In accordance with part II of chapter 408, the agency
 1197  and any duly designated officer or employee thereof or a
 1198  representative member of the state Long-Term Care ombudsman
 1199  program Council or the local long-term care ombudsman council
 1200  shall have the right to enter upon and into the premises of any
 1201  facility licensed pursuant to this part, or any distinct nursing
 1202  home unit of a hospital licensed under chapter 395 or any
 1203  freestanding facility licensed under chapter 395 which that
 1204  provides extended care or other long-term care services, at any
 1205  reasonable time in order to determine the state of compliance
 1206  with the provisions of this part, part II of chapter 408, and
 1207  applicable rules in force pursuant thereto. The agency shall,
 1208  within 60 days after receipt of a complaint made by a resident
 1209  or resident’s representative, complete its investigation and
 1210  provide to the complainant its findings and resolution.
 1211         (4) The agency shall conduct unannounced onsite facility
 1212  reviews following written verification of licensee noncompliance
 1213  in instances in which the state a long-term care ombudsman
 1214  program council, pursuant to ss. 400.0071 and 400.0075, has
 1215  received a complaint and has documented deficiencies in resident
 1216  care or in the physical plant of the facility that threaten the
 1217  health, safety, or security of residents, or when the agency
 1218  documents through inspection that conditions in a facility
 1219  present a direct or indirect threat to the health, safety, or
 1220  security of residents. However, the agency shall conduct
 1221  unannounced onsite reviews every 3 months of each facility while
 1222  the facility has a conditional license. Deficiencies related to
 1223  physical plant do not require followup reviews after the agency
 1224  has determined that correction of the deficiency has been
 1225  accomplished and that the correction is of the nature that
 1226  continued compliance can be reasonably expected.
 1227         Section 26. Subsection (1) of section 400.191, Florida
 1228  Statutes, is amended to read:
 1229         400.191 Availability, distribution, and posting of reports
 1230  and records.—
 1231         (1) The agency shall provide information to the public
 1232  about all of the licensed nursing home facilities operating in
 1233  the state. The agency shall, within 60 days after a licensure
 1234  inspection visit or within 30 days after any interim visit to a
 1235  facility, send copies of the inspection reports to the state
 1236  local long-term care ombudsman program council, the agency’s
 1237  local office, and a public library or the county seat for the
 1238  county in which the facility is located. The agency may provide
 1239  electronic access to inspection reports as a substitute for
 1240  sending copies.
 1241         Section 27. Subsection (6) and paragraph (c) of subsection
 1242  (7) of section 400.23, Florida Statutes, are amended to read:
 1243         400.23 Rules; evaluation and deficiencies; licensure
 1244  status.—
 1245         (6) Before Prior to conducting a survey of the facility,
 1246  the survey team shall obtain a copy of the state local long-term
 1247  care ombudsman program council report on the facility. Problems
 1248  noted in the report shall be incorporated into and followed up
 1249  through the agency’s inspection process. This procedure does not
 1250  preclude the state local long-term care ombudsman program
 1251  council from requesting the agency to conduct a followup visit
 1252  to the facility.
 1253         (7) The agency shall, at least every 15 months, evaluate
 1254  all nursing home facilities and make a determination as to the
 1255  degree of compliance by each licensee with the established rules
 1256  adopted under this part as a basis for assigning a licensure
 1257  status to that facility. The agency shall base its evaluation on
 1258  the most recent inspection report, taking into consideration
 1259  findings from other official reports, surveys, interviews,
 1260  investigations, and inspections. In addition to license
 1261  categories authorized under part II of chapter 408, the agency
 1262  shall assign a licensure status of standard or conditional to
 1263  each nursing home.
 1264         (c) In evaluating the overall quality of care and services
 1265  and determining whether the facility will receive a conditional
 1266  or standard license, the agency shall consider the needs and
 1267  limitations of residents in the facility and the results of
 1268  interviews and surveys of a representative sampling of
 1269  residents, families of residents, representatives of the state
 1270  ombudsman program council members in the planning and service
 1271  area in which the facility is located, guardians of residents,
 1272  and staff of the nursing home facility.
 1273         Section 28. Paragraph (a) of subsection (3), paragraph (f)
 1274  of subsection (5), and subsection (6) of section 400.235,
 1275  Florida Statutes, are amended to read:
 1276         400.235 Nursing home quality and licensure status; Gold
 1277  Seal Program.—
 1278         (3)(a) The Gold Seal Program shall be developed and
 1279  implemented by the Governor’s Panel on Excellence in Long-Term
 1280  Care which shall operate under the authority of the Executive
 1281  Office of the Governor. The panel shall be composed of three
 1282  persons appointed by the Governor, to include a consumer
 1283  advocate for senior citizens and two persons with expertise in
 1284  the fields of quality management, service delivery excellence,
 1285  or public sector accountability; three persons appointed by the
 1286  Secretary of Elderly Affairs, to include an active member of a
 1287  nursing facility family and resident care council and a member
 1288  of the University Consortium on Aging; the state Long-Term Care
 1289  ombudsman; one person appointed by the Florida Life Care
 1290  Residents Association; one person appointed by the State Surgeon
 1291  General; two persons appointed by the Secretary of Health Care
 1292  Administration; one person appointed by the Florida Association
 1293  of Homes for the Aging; and one person appointed by the Florida
 1294  Health Care Association. Vacancies on the panel shall be filled
 1295  in the same manner as the original appointments.
 1296         (5) Facilities must meet the following additional criteria
 1297  for recognition as a Gold Seal Program facility:
 1298         (f) Evidence that an outstanding record regarding the
 1299  number and types of substantiated complaints received and
 1300  verified by reported to the state Long-Term Care ombudsman
 1301  program Council within the 30 months preceding application have
 1302  been resolved or the facility made a good faith effort to
 1303  resolve the complaints for the program.
 1304  
 1305  A facility assigned a conditional licensure status may not
 1306  qualify for consideration for the Gold Seal Program until after
 1307  it has operated for 30 months with no class I or class II
 1308  deficiencies and has completed a regularly scheduled relicensure
 1309  survey.
 1310         (6) The agency, nursing facility industry organizations,
 1311  consumers, the state Long-Term Care ombudsman program Council,
 1312  and members of the community may recommend to the Governor
 1313  facilities that meet the established criteria for consideration
 1314  for and award of the Gold Seal. The panel shall review nominees
 1315  and make a recommendation to the Governor for final approval and
 1316  award. The decision of the Governor is final and is not subject
 1317  to appeal.
 1318         Section 29. Present subsection (25) of section 415.102,
 1319  Florida Statutes, is renumbered as subsection (26), subsections
 1320  (26) through (28) of that section are renumbered as subsections
 1321  (28) through (30), respectively, and new subsections (25) and
 1322  (27) are added to that section to read:
 1323         415.102 Definitions of terms used in ss. 415.101-415.113.
 1324  As used in ss. 415.101-415.113, the term:
 1325         (25) “Representative of the state ombudsman program” has
 1326  the same meaning as provided in s. 400.0060.
 1327         (27) “State ombudsman program” has the same meaning as
 1328  provided in s. 400.0060.
 1329         Section 30. Paragraph (a) of subsection (1) of section
 1330  415.1034, Florida Statutes, is amended to read:
 1331         415.1034 Mandatory reporting of abuse, neglect, or
 1332  exploitation of vulnerable adults; mandatory reports of death.—
 1333         (1) MANDATORY REPORTING.—
 1334         (a) Any person, including, but not limited to, any:
 1335         1. Physician, osteopathic physician, medical examiner,
 1336  chiropractic physician, nurse, paramedic, emergency medical
 1337  technician, or hospital personnel engaged in the admission,
 1338  examination, care, or treatment of vulnerable adults;
 1339         2. Health professional or mental health professional other
 1340  than one listed in subparagraph 1.;
 1341         3. Practitioner who relies solely on spiritual means for
 1342  healing;
 1343         4. Nursing home staff; assisted living facility staff;
 1344  adult day care center staff; adult family-care home staff;
 1345  social worker; or other professional adult care, residential, or
 1346  institutional staff;
 1347         5. State, county, or municipal criminal justice employee or
 1348  law enforcement officer;
 1349         6. An Employee of the Department of Business and
 1350  Professional Regulation conducting inspections of public lodging
 1351  establishments under s. 509.032;
 1352         7. Florida advocacy council member or representative of the
 1353  state Long-Term Care ombudsman program council member; or
 1354         8. Bank, savings and loan, or credit union officer,
 1355  trustee, or employee,
 1356  
 1357  who knows, or has reasonable cause to suspect, that a vulnerable
 1358  adult has been or is being abused, neglected, or exploited shall
 1359  immediately report such knowledge or suspicion to the central
 1360  abuse hotline.
 1361         Section 31. Subsection (1) of section 415.104, Florida
 1362  Statutes, is amended to read:
 1363         415.104 Protective investigations of cases of abuse,
 1364  neglect, or exploitation of vulnerable adults; transmittal of
 1365  records to state attorney.—
 1366         (1) The department shall, upon receipt of a report alleging
 1367  abuse, neglect, or exploitation of a vulnerable adult, begin
 1368  within 24 hours a protective investigation of the facts alleged
 1369  therein. If a caregiver refuses to allow the department to begin
 1370  a protective investigation or interferes with the conduct of
 1371  such an investigation, the appropriate law enforcement agency
 1372  shall be contacted for assistance. If, during the course of the
 1373  investigation, the department has reason to believe that the
 1374  abuse, neglect, or exploitation is perpetrated by a second
 1375  party, the appropriate law enforcement agency and state attorney
 1376  shall be orally notified. The department and the law enforcement
 1377  agency shall cooperate to allow the criminal investigation to
 1378  proceed concurrently with, and not be hindered by, the
 1379  protective investigation. The department shall make a
 1380  preliminary written report to the law enforcement agencies
 1381  within 5 working days after the oral report. The department
 1382  shall, within 24 hours after receipt of the report, notify the
 1383  appropriate Florida local advocacy council, or the state long
 1384  term care ombudsman program council, when appropriate, that an
 1385  alleged abuse, neglect, or exploitation perpetrated by a second
 1386  party has occurred. Notice to the Florida local advocacy council
 1387  or the state long-term care ombudsman program council may be
 1388  accomplished orally or in writing and shall include the name and
 1389  location of the vulnerable adult alleged to have been abused,
 1390  neglected, or exploited and the nature of the report.
 1391         Section 32. Subsection (8) of section 415.1055, Florida
 1392  Statutes, is amended to read:
 1393         415.1055 Notification to administrative entities.—
 1394         (8) At the conclusion of a protective investigation at a
 1395  facility, the department shall notify either the Florida local
 1396  advocacy council or the state long-term care ombudsman program
 1397  council of the results of the investigation. This notification
 1398  must be in writing.
 1399         Section 33. Subsection (2) of section 415.106, Florida
 1400  Statutes, is amended to read:
 1401         415.106 Cooperation by the department and criminal justice
 1402  and other agencies.—
 1403         (2) To ensure coordination, communication, and cooperation
 1404  with the investigation of abuse, neglect, or exploitation of
 1405  vulnerable adults, the department shall develop and maintain
 1406  interprogram agreements or operational procedures among
 1407  appropriate departmental programs and the state Long-Term Care
 1408  ombudsman program Council, the Florida Statewide Advocacy
 1409  Council, and other agencies that provide services to vulnerable
 1410  adults. These agreements or procedures must cover such subjects
 1411  as the appropriate roles and responsibilities of the department
 1412  in identifying and responding to reports of abuse, neglect, or
 1413  exploitation of vulnerable adults; the provision of services;
 1414  and related coordinated activities.
 1415         Section 34. Paragraph (g) of subsection (3) of section
 1416  415.107, Florida Statutes, is amended to read:
 1417         415.107 Confidentiality of reports and records.—
 1418         (3) Access to all records, excluding the name of the
 1419  reporter which shall be released only as provided in subsection
 1420  (6), shall be granted only to the following persons, officials,
 1421  and agencies:
 1422         (g) Any appropriate official of the Florida advocacy
 1423  council or the state long-term care ombudsman program council
 1424  investigating a report of known or suspected abuse, neglect, or
 1425  exploitation of a vulnerable adult.
 1426         Section 35. Present subsections (19) through (22) and (23)
 1427  through (26) of section 429.02, Florida Statutes, are renumbered
 1428  as subsections (20) through (23) and (25) through (28),
 1429  respectively, present subsection (20) is amended, and new
 1430  subsections (19) and (24) are added to that section, to read:
 1431         429.02 Definitions.—When used in this part, the term:
 1432         (19) “Representative of the state ombudsman program” has
 1433  the same meaning as provided in s. 400.0060.
 1434         (21)(20) “Resident’s representative or designee” means a
 1435  person other than the owner, or an agent or employee of the
 1436  facility, designated in writing by the resident, if legally
 1437  competent, to receive notice of changes in the contract executed
 1438  pursuant to s. 429.24; to receive notice of and to participate
 1439  in meetings between the resident and the facility owner,
 1440  administrator, or staff concerning the rights of the resident;
 1441  to assist the resident in contacting the state ombudsman program
 1442  council if the resident has a complaint against the facility; or
 1443  to bring legal action on behalf of the resident pursuant to s.
 1444  429.29.
 1445         (24) “State ombudsman program” has the same meaning as
 1446  provided in s. 400.0060.
 1447         Section 36. Paragraph (b) of subsection (3) of section
 1448  429.07, Florida Statutes, is amended to read:
 1449         429.07 License required; fee.—
 1450         (3) In addition to the requirements of s. 408.806, each
 1451  license granted by the agency must state the type of care for
 1452  which the license is granted. Licenses shall be issued for one
 1453  or more of the following categories of care: standard, extended
 1454  congregate care, limited nursing services, or limited mental
 1455  health.
 1456         (b) An extended congregate care license shall be issued to
 1457  facilities providing, directly or through contract, services
 1458  beyond those authorized in paragraph (a), including services
 1459  performed by persons licensed under part I of chapter 464 and
 1460  supportive services, as defined by rule, to persons who would
 1461  otherwise be disqualified from continued residence in a facility
 1462  licensed under this part.
 1463         1. In order for extended congregate care services to be
 1464  provided, the agency must first determine that all requirements
 1465  established in law and rule are met and must specifically
 1466  designate, on the facility’s license, that such services may be
 1467  provided and whether the designation applies to all or part of
 1468  the facility. Such designation may be made at the time of
 1469  initial licensure or relicensure, or upon request in writing by
 1470  a licensee under this part and part II of chapter 408. The
 1471  notification of approval or the denial of the request shall be
 1472  made in accordance with part II of chapter 408. Existing
 1473  facilities qualifying to provide extended congregate care
 1474  services must have maintained a standard license and may not
 1475  have been subject to administrative sanctions during the
 1476  previous 2 years, or since initial licensure if the facility has
 1477  been licensed for less than 2 years, for any of the following
 1478  reasons:
 1479         a. A class I or class II violation;
 1480         b. Three or more repeat or recurring class III violations
 1481  of identical or similar resident care standards from which a
 1482  pattern of noncompliance is found by the agency;
 1483         c. Three or more class III violations that were not
 1484  corrected in accordance with the corrective action plan approved
 1485  by the agency;
 1486         d. Violation of resident care standards which results in
 1487  requiring the facility to employ the services of a consultant
 1488  pharmacist or consultant dietitian;
 1489         e. Denial, suspension, or revocation of a license for
 1490  another facility licensed under this part in which the applicant
 1491  for an extended congregate care license has at least 25 percent
 1492  ownership interest; or
 1493         f. Imposition of a moratorium pursuant to this part or part
 1494  II of chapter 408 or initiation of injunctive proceedings.
 1495         2. A facility that is licensed to provide extended
 1496  congregate care services shall maintain a written progress
 1497  report on each person who receives services which describes the
 1498  type, amount, duration, scope, and outcome of services that are
 1499  rendered and the general status of the resident’s health. A
 1500  registered nurse, or appropriate designee, representing the
 1501  agency shall visit the facility at least quarterly to monitor
 1502  residents who are receiving extended congregate care services
 1503  and to determine whether if the facility is in compliance with
 1504  this part, part II of chapter 408, and relevant rules. One of
 1505  the visits may be in conjunction with the regular survey. The
 1506  monitoring visits may be provided through contractual
 1507  arrangements with appropriate community agencies. A registered
 1508  nurse shall serve as part of the team that inspects the
 1509  facility. The agency may waive one of the required yearly
 1510  monitoring visits for a facility that has been licensed for at
 1511  least 24 months to provide extended congregate care services,
 1512  if, during the inspection, the registered nurse determines that
 1513  extended congregate care services are being provided
 1514  appropriately, and if the facility has no class I or class II
 1515  violations and no uncorrected class III violations. The agency
 1516  must first consult with the state long-term care ombudsman
 1517  program council for the area in which the facility is located to
 1518  determine whether if any complaints have been made and
 1519  substantiated about the quality of services or care. The agency
 1520  may not waive one of the required yearly monitoring visits if
 1521  complaints have been made and substantiated.
 1522         3. A facility that is licensed to provide extended
 1523  congregate care services must:
 1524         a. Demonstrate the capability to meet unanticipated
 1525  resident service needs.
 1526         b. Offer a physical environment that promotes a homelike
 1527  setting, provides for resident privacy, promotes resident
 1528  independence, and allows sufficient congregate space as defined
 1529  by rule.
 1530         c. Have sufficient staff available, taking into account the
 1531  physical plant and firesafety features of the building, to
 1532  assist with the evacuation of residents in an emergency.
 1533         d. Adopt and follow policies and procedures that maximize
 1534  resident independence, dignity, choice, and decisionmaking to
 1535  permit residents to age in place, so that moves due to changes
 1536  in functional status are minimized or avoided.
 1537         e. Allow residents or, if applicable, a resident’s
 1538  representative, designee, surrogate, guardian, or attorney in
 1539  fact to make a variety of personal choices, participate in
 1540  developing service plans, and share responsibility in
 1541  decisionmaking.
 1542         f. Implement the concept of managed risk.
 1543         g. Provide, directly or through contract, the services of a
 1544  person licensed under part I of chapter 464.
 1545         h. In addition to the training mandated in s. 429.52,
 1546  provide specialized training as defined by rule for facility
 1547  staff.
 1548         4. A facility that is licensed to provide extended
 1549  congregate care services is exempt from the criteria for
 1550  continued residency set forth in rules adopted under s. 429.41.
 1551  A licensed facility must adopt its own requirements within
 1552  guidelines for continued residency set forth by rule. However,
 1553  the facility may not serve residents who require 24-hour nursing
 1554  supervision. A licensed facility that provides extended
 1555  congregate care services must also provide each resident with a
 1556  written copy of facility policies governing admission and
 1557  retention.
 1558         5. The primary purpose of extended congregate care services
 1559  is to allow residents, as they become more impaired, the option
 1560  of remaining in a familiar setting from which they would
 1561  otherwise be disqualified for continued residency. A facility
 1562  licensed to provide extended congregate care services may also
 1563  admit an individual who exceeds the admission criteria for a
 1564  facility with a standard license, if the individual is
 1565  determined appropriate for admission to the extended congregate
 1566  care facility.
 1567         6. Before the admission of an individual to a facility
 1568  licensed to provide extended congregate care services, the
 1569  individual must undergo a medical examination as provided in s.
 1570  429.26(4) and the facility must develop a preliminary service
 1571  plan for the individual.
 1572         7. When a facility can no longer provide or arrange for
 1573  services in accordance with the resident’s service plan and
 1574  needs and the facility’s policy, the facility shall make
 1575  arrangements for relocating the person in accordance with s.
 1576  429.28(1)(k).
 1577         8. Failure to provide extended congregate care services may
 1578  result in denial of extended congregate care license renewal.
 1579         Section 37. Subsection (9) of section 429.19, Florida
 1580  Statutes, is amended to read:
 1581         429.19 Violations; imposition of administrative fines;
 1582  grounds.—
 1583         (9) The agency shall develop and disseminate an annual list
 1584  of all facilities sanctioned or fined for violations of state
 1585  standards, the number and class of violations involved, the
 1586  penalties imposed, and the current status of cases. The list
 1587  shall be disseminated, at no charge, to the Department of
 1588  Elderly Affairs, the Department of Health, the Department of
 1589  Children and Families, the Agency for Persons with Disabilities,
 1590  the area agencies on aging, the Florida Statewide Advocacy
 1591  Council, and the state and local ombudsman program councils. The
 1592  Department of Children and Families shall disseminate the list
 1593  to service providers under contract to the department who are
 1594  responsible for referring persons to a facility for residency.
 1595  The agency may charge a fee commensurate with the cost of
 1596  printing and postage to other interested parties requesting a
 1597  copy of this list. This information may be provided
 1598  electronically or through the agency’s Internet site.
 1599         Section 38. Subsection (8) of section 429.26, Florida
 1600  Statutes, is amended to read:
 1601         429.26 Appropriateness of placements; examinations of
 1602  residents.—
 1603         (8) The Department of Children and Families may require an
 1604  examination for supplemental security income and optional state
 1605  supplementation recipients residing in facilities at any time
 1606  and shall provide the examination whenever a resident’s
 1607  condition requires it. Any facility administrator; personnel of
 1608  the agency, the department, or the Department of Children and
 1609  Families; or representative of the state ombudsman program long
 1610  term care ombudsman council member who believes a resident needs
 1611  to be evaluated shall notify the resident’s case manager, who
 1612  shall take appropriate action. A report of the examination
 1613  findings shall be provided to the resident’s case manager and
 1614  the facility administrator to help the administrator meet his or
 1615  her responsibilities under subsection (1).
 1616         Section 39. Subsection (2) and paragraph (b) of subsection
 1617  (3) of section 429.28, Florida Statutes, are amended to read:
 1618         429.28 Resident bill of rights.—
 1619         (2) The administrator of a facility shall ensure that a
 1620  written notice of the rights, obligations, and prohibitions set
 1621  forth in this part is posted in a prominent place in each
 1622  facility and read or explained to residents who cannot read.
 1623  This notice must shall include the statewide toll-free telephone
 1624  number and e-mail address of the state ombudsman program and the
 1625  telephone number of the name, address, and telephone numbers of
 1626  the local ombudsman council and central abuse hotline and, when
 1627  applicable, the Advocacy Center for Persons with Disabilities,
 1628  Inc., and the Florida local advocacy council, where complaints
 1629  may be lodged. The facility must ensure a resident’s access to a
 1630  telephone to call the state local ombudsman program council, the
 1631  central abuse hotline, the Advocacy Center for Persons with
 1632  Disabilities, Inc., and the Florida local advocacy council.
 1633         (3)
 1634         (b) In order to determine whether the facility is
 1635  adequately protecting residents’ rights, the biennial survey
 1636  shall include private informal conversations with a sample of
 1637  residents and consultation with the state ombudsman program
 1638  council in the planning and service area in which the facility
 1639  is located to discuss residents’ experiences within the
 1640  facility.
 1641         Section 40. Section 429.34, Florida Statutes, is amended to
 1642  read:
 1643         429.34 Right of entry and inspection.—In addition to the
 1644  requirements of s. 408.811, a any duly designated officer or
 1645  employee of the department, the Department of Children and
 1646  Families, the Medicaid Fraud Control Unit of the Office of the
 1647  Attorney General, the state or local fire marshal, or a
 1648  representative member of the state or local long-term care
 1649  ombudsman program may council shall have the right to enter
 1650  unannounced upon and into the premises of any facility licensed
 1651  under pursuant to this part in order to determine the state of
 1652  compliance with the provisions of this part, part II of chapter
 1653  408, and applicable rules. Data collected by the state or local
 1654  long-term care ombudsman program councils or the state or local
 1655  advocacy councils may be used by the agency in investigations
 1656  involving violations of regulatory standards.
 1657         Section 41. Subsection (2) of section 429.35, Florida
 1658  Statutes, is amended to read:
 1659         429.35 Maintenance of records; reports.—
 1660         (2) Within 60 days after the date of the biennial
 1661  inspection visit required under s. 408.811 or within 30 days
 1662  after the date of any interim visit, the agency shall forward
 1663  the results of the inspection to the state local ombudsman
 1664  program council in whose planning and service area, as defined
 1665  in part II of chapter 400, the facility is located; to at least
 1666  one public library or, in the absence of a public library, the
 1667  county seat in the county in which the inspected assisted living
 1668  facility is located; and, when appropriate, to the district
 1669  Adult Services and Mental Health Program Offices.
 1670         Section 42. Subsection (6) of section 429.67, Florida
 1671  Statutes, is amended to read:
 1672         429.67 Licensure.—
 1673         (6) In addition to the requirements of s. 408.811, access
 1674  to a licensed adult family-care home must be provided at
 1675  reasonable times for the appropriate officials of the
 1676  department, the Department of Health, the Department of Children
 1677  and Families, the agency, and the State Fire Marshal, who are
 1678  responsible for the development and maintenance of fire, health,
 1679  sanitary, and safety standards, to inspect the facility to
 1680  assure compliance with these standards. In addition, access to a
 1681  licensed adult family-care home must be provided at reasonable
 1682  times to representatives of the state for the local long-term
 1683  care ombudsman program council.
 1684         Section 43. Subsection (2) of section 429.85, Florida
 1685  Statutes, is amended to read:
 1686         429.85 Residents’ bill of rights.—
 1687         (2) The provider shall ensure that residents and their
 1688  legal representatives are made aware of the rights, obligations,
 1689  and prohibitions set forth in this part. Residents must also be
 1690  given the statewide toll-free telephone number and e-mail
 1691  address of the state ombudsman program and the telephone number
 1692  of names, addresses, and telephone numbers of the local
 1693  ombudsman council and the central abuse hotline where they may
 1694  lodge complaints.
 1695         Section 44. Present subsections (19) through (22) of
 1696  section 744.102, Florida Statutes, are renumbered as subsections
 1697  (20) through (23), respectively, and a new subsection (19) is
 1698  added to that section to read:
 1699         744.102 Definitions.—As used in this chapter, the term:
 1700         (19) “Representative of the state ombudsman program” has
 1701  the same meaning as provided in s. 400.0060.
 1702         Section 45. Subsection (17) of section 744.444, Florida
 1703  Statutes, is amended to read:
 1704         744.444 Power of guardian without court approval.—Without
 1705  obtaining court approval, a plenary guardian of the property, or
 1706  a limited guardian of the property within the powers granted by
 1707  the order appointing the guardian or an approved annual or
 1708  amended guardianship report, may:
 1709         (17) Provide confidential information about a ward which
 1710  that is related to an investigation arising under part I of
 1711  chapter 400 to a representative of the local or state ombudsman
 1712  program council member conducting such an investigation. Any
 1713  such ombudsman shall have a duty to maintain the confidentiality
 1714  of such information.
 1715         Section 46. This act shall take effect July 1, 2015.