Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 7018
       
       
       
       
       
                               Ì9063286Î906328                          
       
       576-02161-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to the state ombudsman program;
    3         amending s. 400.0060, F.S.; revising and defining
    4         terms; 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; requiring each district to conduct
   20         quarterly public meetings; providing duties of
   21         representatives of the office in the districts;
   22         revising the appointments of and qualifications for
   23         district ombudsmen; prohibiting certain individuals
   24         from serving as ombudsmen; amending s. 400.0070, F.S.;
   25         providing conditions under which a representative of
   26         the office could be found to have a conflict of
   27         interest; requiring the Department of Elderly Affairs,
   28         in consultation with the state ombudsman, to define by
   29         rule what constitutes a conflict of interest; amending
   30         s. 400.0071, F.S.; requiring the Department of Elderly
   31         Affairs to consult with the state ombudsman to adopt
   32         rules pertaining to complaint procedures; amending s.
   33         400.0073, F.S.; providing procedures for investigation
   34         of complaints; amending s. 400.0074, F.S.; revising
   35         procedures for conducting onsite administrative
   36         assessments; authorizing the department to adopt
   37         rules; amending s. 400.0075, F.S.; revising complaint
   38         notification and resolution procedures; amending s.
   39         400.0078, F.S.; providing for a resident or
   40         representative of a resident to receive additional
   41         information regarding resident rights; amending s.
   42         400.0079, F.S.; providing immunity from liability for
   43         a representative of the office under certain
   44         circumstances; amending s. 400.0081, F.S.; requiring
   45         long-term care facilities to provide representatives
   46         of the office with access to facilities, residents,
   47         and records for certain purposes; amending s.
   48         400.0083, F.S.; conforming provisions to changes made
   49         by the act; amending s. 400.0087, F.S.; providing for
   50         the office to coordinate ombudsman services with
   51         Disability Rights Florida; amending s. 400.0089, F.S.;
   52         conforming provisions to changes made by the act;
   53         amending s. 400.0091, F.S.; revising training
   54         requirements for representatives of the office and
   55         ombudsmen; amending ss. 20.41, 400.021, 400.022,
   56         400.0255, 400.162, 400.19, 400.191, and 400.23, F.S.;
   57         conforming provisions to changes made by the act;
   58         amending s. 400.235, F.S.; conforming provisions to
   59         changes made by the act; revising the additional
   60         criteria for recognition as a Gold Seal Program
   61         facility; amending ss. 415.102, 415.1034, 415.104,
   62         415.1055, 415.106, 415.107, 429.02, 429.19, 429.26,
   63         429.28, 429.34, 429.35, 429.67, and 429.85, F.S.;
   64         conforming provisions to changes made by the act;
   65         providing an effective date.
   66          
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Section 400.0060, Florida Statutes, is amended
   70  to read:
   71         400.0060 Definitions.—When used in this part, unless the
   72  context clearly dictates otherwise, the term:
   73         (1) “Administrative assessment” means a review of
   74  conditions in a long-term care facility which impact the rights,
   75  health, safety, and welfare of residents with the purpose of
   76  noting needed improvement and making recommendations to enhance
   77  the quality of life for residents.
   78         (2) “Agency” means the Agency for Health Care
   79  Administration.
   80         (3) “Department” means the Department of Elderly Affairs.
   81         (4) “District” means a geographical area designated by the
   82  state ombudsman in which individuals certified as ombudsmen
   83  carry out the duties of the State Long-Term Care Ombudsman
   84  Program. A district may have one or more local councils.
   85         (5)(4) “Local council” means a local long-term care
   86  ombudsman council designated by the ombudsman pursuant to s.
   87  400.0069. Local councils are also known as district long-term
   88  care ombudsman councils or district councils.
   89         (6)(5) “Long-term care facility” means a nursing home
   90  facility, assisted living facility, adult family-care home,
   91  board and care facility, or any other similar residential adult
   92  care facility.
   93         (7)(6) “Office” means the Office of the State Long-Term
   94  Care Ombudsman Program created by s. 400.0063.
   95         (8)(7) “Ombudsman” means an individual who has been
   96  certified by the state ombudsman as meeting the requirements of
   97  ss. 400.0069, 400.0070, and 400.0091 the individual appointed by
   98  the Secretary of Elderly Affairs to head the Office of State
   99  Long-Term Care Ombudsman.
  100         (9) “Representative of the State Long-Term Care Ombudsman
  101  Program” means the state ombudsman, an employee of the state or
  102  district office certified as an ombudsman or an individual
  103  certified as an ombudsman serving on the state or a local
  104  council.
  105         (10)(8) “Resident” means an individual 18 60 years of age
  106  or older who resides in a long-term care facility.
  107         (11)(9) “Secretary” means the Secretary of Elderly Affairs.
  108         (12)(10) “State council” means the State Long-Term Care
  109  Ombudsman Council created by s. 400.0067.
  110         (13) “State ombudsman” means the State Long-Term Care
  111  Ombudsman, who is the individual appointed by the Secretary of
  112  Elderly Affairs to head the State Long-Term Care Ombudsman
  113  Program.
  114         (14) “State ombudsman program” means the State Long-Term
  115  Care Ombudsman Program operating under the direction of the
  116  State Long Term Care Ombudsman.
  117         Section 2. Section 400.0061, Florida Statutes, is amended
  118  to read:
  119         400.0061 Legislative findings and intent; long-term care
  120  facilities.—
  121         (1) The Legislature finds that conditions in long-term care
  122  facilities in this state are such that the rights, health,
  123  safety, and welfare of residents are not fully ensured by rules
  124  of the Department of Elderly Affairs or the Agency for Health
  125  Care Administration or by the good faith of owners or operators
  126  of long-term care facilities. Furthermore, there is a need for a
  127  formal mechanism whereby a long-term care facility resident, a
  128  representative of a long-term care facility resident, or any
  129  other concerned citizen may make a complaint against the
  130  facility or its employees, or against other persons who are in a
  131  position to restrict, interfere with, or threaten the rights,
  132  health, safety, or welfare of a long-term care facility
  133  resident. The Legislature finds that concerned citizens are
  134  often more effective advocates for the rights of others than
  135  governmental agencies. The Legislature further finds that in
  136  order to be eligible to receive an allotment of funds authorized
  137  and appropriated under the federal Older Americans Act, the
  138  state must establish and operate an Office of State Long-Term
  139  Care Ombudsman, to be headed by the State Long-Term Care
  140  Ombudsman, and carry out a long-term care ombudsman program.
  141         (2) It is the intent of the Legislature, therefore, to use
  142  utilize voluntary citizen ombudsman councils under the
  143  leadership of the State Long-Term Care Ombudsman ombudsman, and,
  144  through them, to operate a state an ombudsman program, which
  145  shall, without interference by any executive agency, undertake
  146  to discover, investigate, and determine the presence of
  147  conditions or individuals that which constitute a threat to the
  148  rights, health, safety, or welfare of the residents of long-term
  149  care facilities. To ensure that the effectiveness and efficiency
  150  of such investigations are not impeded by advance notice or
  151  delay, the Legislature intends that the representatives of the
  152  State Long-Term Care Ombudsman Program ombudsman and ombudsman
  153  councils and their designated representatives not be required to
  154  obtain warrants in order to enter into or conduct investigations
  155  or onsite administrative assessments of long-term care
  156  facilities. It is the further intent of the Legislature that the
  157  environment in long-term care facilities be conducive to the
  158  dignity and independence of residents and that investigations by
  159  representatives of the State Long-Term Care Ombudsman Program
  160  ombudsman councils shall further the enforcement of laws, rules,
  161  and regulations that safeguard the health, safety, and welfare
  162  of residents.
  163         Section 3. Section 400.0063, Florida Statutes, is amended
  164  to read:
  165         400.0063 Establishment of the Office of State Long-Term
  166  Care Ombudsman Program; designation of ombudsman and legal
  167  advocate.—
  168         (1) There is created the an Office of State Long-Term Care
  169  Ombudsman Program in the Department of Elderly Affairs.
  170         (2)(a) The Office of State Long-Term Care Ombudsman Program
  171  shall be headed by the State Long-Term Care Ombudsman, who shall
  172  serve on a full-time basis and shall personally, or through
  173  representatives of the program office, carry out its the
  174  purposes and functions of the office in accordance with state
  175  and federal law.
  176         (b) The state ombudsman shall be appointed by and shall
  177  serve at the pleasure of the Secretary of Elderly Affairs. The
  178  secretary shall appoint a person who has expertise and
  179  experience in the fields of long-term care and advocacy to serve
  180  as state ombudsman.
  181         (3)(a) There is created in the office the position of legal
  182  advocate, who shall be selected by and serve at the pleasure of
  183  the state ombudsman and shall be a member in good standing of
  184  The Florida Bar.
  185         (b) The duties of the legal advocate shall include, but not
  186  be limited to:
  187         1. Assisting the state ombudsman in carrying out the duties
  188  of the office with respect to the abuse, neglect, exploitation
  189  or violation of rights of residents of long-term care
  190  facilities.
  191         2. Assisting the representatives of the State Long-Term
  192  Care Ombudsman Program state and local councils in carrying out
  193  their responsibilities under this part.
  194         3. Pursuing administrative, legal, and other appropriate
  195  remedies on behalf of residents.
  196         4. Serving as legal counsel to the representatives of the
  197  State Long-Term Care Ombudsman Program in state and local
  198  councils, or individual members thereof, against whom any suit
  199  or other legal action that is initiated in connection with the
  200  performance of the official duties of the representatives of the
  201  State Long-Term Care Ombudsman Program councils or an individual
  202  member.
  203         Section 4. Section 400.0065, Florida Statutes, is amended
  204  to read:
  205         400.0065 State Long-Term Care Ombudsman Program; duties and
  206  responsibilities.—
  207         (1) The purpose of the Office of State Long-Term Care
  208  Ombudsman Program is shall be to:
  209         (a) Identify, investigate, and resolve complaints made by
  210  or on behalf of residents of long-term care facilities relating
  211  to actions or omissions by providers or representatives of
  212  providers of long-term care services, other public or private
  213  agencies, guardians, or representative payees that may adversely
  214  affect the health, safety, welfare, or rights of the residents.
  215         (b) Provide services that assist in protecting the health,
  216  safety, welfare, and rights of residents.
  217         (c) Inform residents, their representatives, and other
  218  citizens about obtaining the services of the State Long-Term
  219  Care Ombudsman Program and its representatives.
  220         (d) Ensure that residents have regular and timely access to
  221  the services provided through the State Long-Term Care Program
  222  office and that residents and complainants receive timely
  223  responses from representatives of the State Long-Term Care
  224  Program office to their complaints.
  225         (e) Represent the interests of residents before
  226  governmental agencies and seek administrative, legal, and other
  227  remedies to protect the health, safety, welfare, and rights of
  228  the residents.
  229         (f) Administer the state and local councils.
  230         (g) Analyze, comment on, and monitor the development and
  231  implementation of federal, state, and local laws, rules, and
  232  regulations, and other governmental policies and actions, that
  233  pertain to the health, safety, welfare, and rights of the
  234  residents, with respect to the adequacy of long-term care
  235  facilities and services in the state, and recommend any changes
  236  in such laws, rules, regulations, policies, and actions as the
  237  office determines to be appropriate and necessary.
  238         (h) Provide technical support for the development of
  239  resident and family councils to protect the well-being and
  240  rights of residents.
  241         (2) The State Long-Term Care Ombudsman has shall have the
  242  duty and authority to:
  243         (a) Establish and coordinate districts and local councils
  244  throughout the state.
  245         (b) Perform the duties specified in state and federal law,
  246  rules, and regulations.
  247         (c) Within the limits of appropriated federal and state
  248  funding, employ such personnel as are necessary to perform
  249  adequately the functions of the office and provide or contract
  250  for legal services to assist the representatives of the State
  251  Long-Term Care Ombudsman Program state and local councils in the
  252  performance of their duties. Staff positions established for the
  253  purpose of coordinating the activities of each local council and
  254  assisting its members may be filled by the ombudsman after
  255  approval by the secretary. Notwithstanding any other provision
  256  of this part, upon certification by the ombudsman that the staff
  257  member hired to fill any such position has completed the initial
  258  training required under s. 400.0091, such person shall be
  259  considered a representative of the State Long-Term Care
  260  Ombudsman Program for purposes of this part.
  261         (d) Contract for services necessary to carry out the
  262  activities of the office.
  263         (e) Apply for, receive, and accept grants, gifts, or other
  264  payments, including, but not limited to, real property, personal
  265  property, and services from a governmental entity or other
  266  public or private entity or person, and make arrangements for
  267  the use of such grants, gifts, or payments.
  268         (f) Coordinate, to the greatest extent possible, state and
  269  local ombudsman services with the protection and advocacy
  270  systems for individuals with developmental disabilities and
  271  mental illnesses and with legal assistance programs for the poor
  272  through adoption of memoranda of understanding and other means.
  273         (g) Enter into a cooperative agreement with the Statewide
  274  Advocacy Council for the purpose of coordinating and avoiding
  275  duplication of advocacy services provided to residents.
  276         (g)(h) Enter into a cooperative agreement with the Medicaid
  277  Fraud Division as prescribed under s. 731(e)(2)(B) of the Older
  278  Americans Act.
  279         (h)(i) Prepare an annual report describing the activities
  280  carried out by the office, the state council, the districts and
  281  the local councils in the year for which the report is prepared.
  282  The state ombudsman shall submit the report to the secretary,
  283  the United States Assistant Secretary for Aging, the Governor,
  284  the President of the Senate, the Speaker of the House of
  285  Representatives, the Secretary of Children and Families, and the
  286  Secretary of the Agency for Health Care Administration at least
  287  30 days before the convening of the regular session of the
  288  Legislature. The secretary shall in turn submit the report to
  289  the United States Assistant Secretary for Aging, the Governor,
  290  the President of the Senate, the Speaker of the House of
  291  Representatives, the Secretary of Children and Families, and the
  292  Secretary of Health Care Administration. The report must shall,
  293  at a minimum:
  294         1. Contain and analyze data collected concerning complaints
  295  about and conditions in long-term care facilities and the
  296  disposition of such complaints.
  297         2. Evaluate the problems experienced by residents.
  298         3. Analyze the successes of the State Long-Term Care
  299  Ombudsman Program ombudsman program during the preceding year,
  300  including an assessment of how successfully the program has
  301  carried out its responsibilities under the Older Americans Act.
  302         4. Provide recommendations for policy, regulatory, and
  303  statutory changes designed to solve identified problems; resolve
  304  residents’ complaints; improve residents’ lives and quality of
  305  care; protect residents’ rights, health, safety, and welfare;
  306  and remove any barriers to the optimal operation of the State
  307  Long-Term Care Ombudsman Program.
  308         5. Contain recommendations from the State Long-Term Care
  309  Ombudsman Council regarding program functions and activities and
  310  recommendations for policy, regulatory, and statutory changes
  311  designed to protect residents’ rights, health, safety, and
  312  welfare.
  313         6. Contain any relevant recommendations from the
  314  representatives of the State Long-Term Care Ombudsman Program
  315  local councils regarding program functions and activities.
  316         Section 5. Section 400.0067, Florida Statutes, is amended
  317  to read:
  318         400.0067 State Long-Term Care Ombudsman Council; duties;
  319  membership.—
  320         (1) There is created within the Office of State Long-Term
  321  Care Ombudsman Program, the State Long-Term Care Ombudsman
  322  Council.
  323         (2) The State Long-Term Care Ombudsman Council shall:
  324         (a) Serve as an advisory body to assist the state ombudsman
  325  in reaching a consensus among districts and local councils on
  326  issues affecting residents and impacting the optimal operation
  327  of the program.
  328         (b) Serve as an appellate body in receiving from the
  329  districts or local councils complaints not resolved at the
  330  district or local level. Any individual member or members of the
  331  state council may enter any long-term care facility involved in
  332  an appeal, pursuant to the conditions specified in s.
  333  400.0074(2).
  334         (c) Assist the ombudsman to discover, investigate, and
  335  determine the existence of abuse or neglect in any long-term
  336  care facility, and work with the adult protective services
  337  program as required in ss. 415.101-415.113.
  338         (d) Assist the ombudsman in eliciting, receiving,
  339  responding to, and resolving complaints made by or on behalf of
  340  residents.
  341         (e) Elicit and coordinate state, district, local, and
  342  voluntary organizational assistance for the purpose of improving
  343  the care received by residents.
  344         (f) Assist the state ombudsman in preparing the annual
  345  report described in s. 400.0065.
  346         (3) The State Long-Term Care Ombudsman Council consists
  347  shall be composed of one active certified ombudsman from each
  348  local council in a district member elected by each local council
  349  plus three at-large members appointed by the Governor.
  350         (a) Each local council in a district must select shall
  351  elect by majority vote a representative of its choice to serve
  352  from among the council members to represent the interests of the
  353  local council on the state council. A local council chair may
  354  not serve as the representative of the local council on the
  355  state council.
  356         (b)1. The state ombudsman secretary, after consulting with
  357  the ombudsman, shall submit to the secretary Governor a list of
  358  individuals persons recommended for appointment to the at-large
  359  positions on the state council. The list may shall not include
  360  the name of any individual person who is currently serving in a
  361  district on a local council.
  362         2. The secretary Governor shall appoint three at-large
  363  members chosen from the list.
  364         3. If the Governor does not appoint an at-large member to
  365  fill a vacant position within 60 days after the list is
  366  submitted, the secretary, after consulting with the ombudsman,
  367  shall appoint an at-large member to fill that vacant position.
  368         (4)(a)(c)1. All state council members shall serve 3-year
  369  terms.
  370         2. A member of the state council may not serve more than
  371  two consecutive terms.
  372         3. A local council may recommend replacement removal of its
  373  selected elected representative from the state council by a
  374  majority vote. If the council votes to replace remove its
  375  representative, the local council chair shall immediately notify
  376  the state ombudsman. The secretary shall advise the Governor of
  377  the local council’s vote upon receiving notice from the
  378  ombudsman.
  379         4. The position of any member missing three state council
  380  meetings within a 1-year period without cause may be declared
  381  vacant by the state ombudsman. The findings of the state
  382  ombudsman regarding cause shall be final and binding.
  383         (b)5. Any vacancy on the state council shall be filled in
  384  the same manner as the original appointment.
  385         (c)(d)1. The state council shall elect a chair to serve for
  386  a term of 1 year. A chair may not serve more than two
  387  consecutive terms.
  388         2. The chair shall select a vice chair from among the
  389  members. The vice chair shall preside over the state council in
  390  the absence of the chair.
  391         3. The chair may create additional executive positions as
  392  necessary to carry out the duties of the state council. Any
  393  person appointed to an executive position shall serve at the
  394  pleasure of the chair, and his or her term shall expire on the
  395  same day as the term of the chair.
  396         4. A chair may be immediately removed from office before
  397  prior to the expiration of his or her term by a vote of two
  398  thirds of all state council members present at any meeting at
  399  which a quorum is present. If a chair is removed from office
  400  before prior to the expiration of his or her term, a replacement
  401  chair shall be chosen during the same meeting in the same manner
  402  as described in this paragraph, and the term of the replacement
  403  chair shall begin immediately. The replacement chair shall serve
  404  for the remainder of the term and is eligible to serve two
  405  subsequent consecutive terms.
  406         (d)(e)1. The state council shall meet upon the call of the
  407  chair or upon the call of the state ombudsman. The state council
  408  shall meet at least quarterly but may meet more frequently as
  409  needed.
  410         2. A quorum shall be considered present if more than 50
  411  percent of all active state council members are in attendance at
  412  the same meeting.
  413         3. The state council may not vote on or otherwise make any
  414  decisions resulting in a recommendation that will directly
  415  impact the state council, the district, or any local council,
  416  outside of a publicly noticed meeting at which a quorum is
  417  present.
  418         (e)(f) Members may not shall receive no compensation for
  419  attendance at state council meetings but shall, with approval
  420  from the state ombudsman, be reimbursed for per diem and travel
  421  expenses as provided in s. 112.061.
  422         Section 6. Section 400.0069, Florida Statutes, is amended
  423  to read:
  424         400.0069 Long-term care ombudsman districts; local long
  425  term care ombudsman councils; duties; appointment membership.—
  426         (1)(a) The state ombudsman shall designate districts and
  427  each district shall designate local long-term care ombudsman
  428  councils to carry out the duties of the State Long-Term Care
  429  Ombudsman Program within local communities. Each district local
  430  council shall function under the direction of the state
  431  ombudsman.
  432         (b) The state ombudsman shall ensure that there is at least
  433  one employee of the department certified as a long-term care
  434  ombudsman and a least one local council operating in each
  435  district of the department’s planning and service areas. The
  436  state ombudsman may create additional local councils as
  437  necessary to ensure that residents throughout the state have
  438  adequate access to State Long-Term Care Ombudsman Program
  439  services. The ombudsman, after approval from the secretary,
  440  shall designate the jurisdictional boundaries of each local
  441  council.
  442         (c) Each district shall convene a public meeting at least
  443  quarterly.
  444         (2) The duties of the representatives of the State Long
  445  Term Care Ombudsman Program local councils are to:
  446         (a) Provide services to assist in Serve as a third-party
  447  mechanism for protecting the health, safety, welfare, and civil
  448  and human rights of residents.
  449         (b) Discover, investigate, and determine the existence of
  450  abuse, or neglect, or exploitation in any long-term care
  451  facility and to use the procedures provided for in ss. 415.101
  452  415.113 when applicable.
  453         (c) Identify Elicit, receive, investigate, respond to, and
  454  resolve complaints made by or on behalf of residents relating to
  455  actions or omissions by providers of long-term care services,
  456  other public agencies, guardians, or representative payees which
  457  may adversely affect the health, safety, welfare, or rights of
  458  residents.
  459         (d) Review and, if necessary, comment on all existing or
  460  proposed rules, regulations, and other governmental policies and
  461  actions relating to long-term care facilities that may
  462  potentially have an effect on the rights, health, safety,
  463  welfare, and rights welfare of residents.
  464         (e) Review personal property and money accounts of
  465  residents who are receiving assistance under the Medicaid
  466  program pursuant to an investigation to obtain information
  467  regarding a specific complaint or problem.
  468         (f) Recommend that the state ombudsman and the legal
  469  advocate seek administrative, legal, and other remedies to
  470  protect the health, safety, welfare, and rights of the
  471  residents.
  472         (g) Provide technical assistance for the development of
  473  resident and family councils within long-term care facilities.
  474         (h)(g) Carry out other activities that the state ombudsman
  475  determines to be appropriate.
  476         (3) In order to carry out the duties specified in
  477  subsection (2), a representative of the State Long-Term Care
  478  Ombudsman Program or a member of a local council is authorized
  479  to enter any long-term care facility without notice or first
  480  obtaining a warrant; however, subject to the provisions of s.
  481  400.0074(2) may apply regarding notice of a followup
  482  administrative assessment.
  483         (4) Each district and local council shall be composed of
  484  ombudsmen members whose primary residences are residence is
  485  located within the boundaries of the district local council’s
  486  jurisdiction.
  487         (a) Upon good cause shown and with the consent of the
  488  ombudsman, the state ombudsman may appoint an ombudsman to
  489  another district. The ombudsman shall strive to ensure that each
  490  local council include the following persons as members:
  491         1. At least one medical or osteopathic physician whose
  492  practice includes or has included a substantial number of
  493  geriatric patients and who may practice in a long-term care
  494  facility;
  495         2. At least one registered nurse who has geriatric
  496  experience;
  497         3. At least one licensed pharmacist;
  498         4. At least one registered dietitian;
  499         5. At least six nursing home residents or representative
  500  consumer advocates for nursing home residents;
  501         6. At least three residents of assisted living facilities
  502  or adult family-care homes or three representative consumer
  503  advocates for alternative long-term care facility residents;
  504         7. At least one attorney; and
  505         8. At least one professional social worker.
  506         (b) The following individuals may not be appointed as
  507  ombudsmen:
  508         1. The owner or representative of a long-term care
  509  facility.
  510         2. A provider or representative of a provider of long-term
  511  care service.
  512         3. An employee of the agency.
  513         4. An employee of the department, except for staff
  514  certified as ombudsmen in the district offices.
  515         5. An employee of the Department of Children and Families.
  516         6. An employee of the Agency for Persons with Disabilities.
  517         (b) In no case shall the medical director of a long-term
  518  care facility or an employee of the agency, the department, the
  519  Department of Children and Families, or the Agency for Persons
  520  with Disabilities serve as a member or as an ex officio member
  521  of a council.
  522         (5)(a) To be appointed as an ombudsman, an individual must:
  523         1.Individuals wishing to join a local council shall Submit
  524  an application to the state ombudsman or his or her designee.
  525  The ombudsman shall review the individual’s application and
  526  advise the secretary of his or her recommendation for approval
  527  or disapproval of the candidate’s membership on the local
  528  council. If the secretary approves of the individual’s
  529  membership, the individual shall be appointed as a member of the
  530  local council.
  531         2. Successfully complete a level 2 background screening
  532  pursuant to s. 430.0402 and chapter 435.
  533         (b) The state ombudsman shall approve or deny the
  534  appointment of the individual as an ombudsman secretary may
  535  rescind the ombudsman’s approval of a member on a local council
  536  at any time. If the state ombudsman secretary rescinds the
  537  approval of a member on a local council, the state ombudsman
  538  shall ensure that the individual is immediately removed from the
  539  local council on which he or she serves and the individual may
  540  no longer represent the State Long-Term Care Ombudsman Program
  541  until the state ombudsman secretary provides his or her
  542  approval.
  543         (c) Upon appointment as an ombudsman, the individual may
  544  participate in district activities but may not represent the
  545  program or conduct any authorized program duties until the
  546  individual has completed the initial training specified in s.
  547  400.0091(1) and has been certified by the state ombudsman.
  548         (d) The state ombudsman may rescind the appointment of an
  549  individual as an ombudsman for good cause shown, such as
  550  development of a conflict of interest, failure to adhere to the
  551  policies and procedures established by the State Long Term Care
  552  Program, or demonstrative inability to carry out the
  553  responsibilities of the State Long Term Care Program. After the
  554  appointment is rescinded, the individual may not conduct any
  555  duties as an ombudsman and may not represent the State Long-Term
  556  Care Ombudsman Program.
  557         (e)(c) A local council may recommend the removal of one or
  558  more of its members by submitting to the state ombudsman a
  559  resolution adopted by a two-thirds vote of the members of the
  560  council stating the name of the member or members recommended
  561  for removal and the reasons for the recommendation. If such a
  562  recommendation is adopted by a local council, the local council
  563  chair or district manager coordinator shall immediately report
  564  the council’s recommendation to the state ombudsman. The state
  565  ombudsman shall review the recommendation of the local council
  566  and advise the district manager and local council chair
  567  secretary of his or her decision recommendation regarding
  568  removal of the council member or members.
  569         (6)(a) Each local council shall elect a chair for a term of
  570  1 year. There shall be no limitation on the number of terms that
  571  an approved member of a local council may serve as chair.
  572         (b) The chair shall select a vice chair from among the
  573  members of the council. The vice chair shall preside over the
  574  council in the absence of the chair.
  575         (c) The chair may create additional executive positions as
  576  necessary to carry out the duties of the local council. Any
  577  person appointed to an executive position shall serve at the
  578  pleasure of the chair, and his or her term shall expire on the
  579  same day as the term of the chair.
  580         (d) A chair may be immediately removed from office prior to
  581  the expiration of his or her term by a vote of two-thirds of the
  582  members of the local council. If any chair is removed from
  583  office before prior to the expiration of his or her term, a
  584  replacement chair shall be elected during the same meeting, and
  585  the term of the replacement chair shall begin immediately. The
  586  replacement chair shall serve for the remainder of the term of
  587  the person he or she replaced.
  588         (7) Each local council shall meet upon the call of its
  589  chair or upon the call of the ombudsman. Each local council
  590  shall meet at least once a month but may meet more frequently if
  591  necessary.
  592         (8) An ombudsman may not A member of a local council shall
  593  receive no compensation but shall, with approval from the state
  594  ombudsman, be reimbursed for travel expenses both within and
  595  outside the jurisdiction of the local council in accordance with
  596  the provisions of s. 112.061.
  597         (9) A representative of the State Long-Term Care Ombudsman
  598  Program may The local councils are authorized to call upon
  599  appropriate state agencies of state government for such
  600  professional assistance as may be needed in the discharge of his
  601  or her their duties, and such. All state agencies shall
  602  cooperate with the local councils in providing requested
  603  information and agency representation at council meetings.
  604         Section 7. Section 400.0070, Florida Statutes, is amended
  605  to read:
  606         400.0070 Conflicts of interest.—
  607         (1) A representative of the State Long-Term Care Ombudsman
  608  Program may The ombudsman shall not:
  609         (a) Have a direct involvement in the licensing or
  610  certification of, or an ownership or investment interest in, a
  611  long-term care facility or a provider of a long-term care
  612  service.
  613         (b) Be employed by, or participate in the management of, a
  614  long-term care facility.
  615         (c) Receive, or have a right to receive, directly or
  616  indirectly, remuneration, in cash or in kind, under a
  617  compensation agreement with the owner or operator of a long-term
  618  care facility.
  619         (2) Each representative of the State Long-Term Care
  620  Ombudsman Program employee of the office, each state council
  621  member, and each local council member shall certify that he or
  622  she does not have a has no conflict of interest.
  623         (3) The department, in consultation with the state
  624  ombudsman, shall define by rule:
  625         (a) Situations that constitute a person having a conflict
  626  of interest which that could materially affect the objectivity
  627  or capacity of an individual a person to serve as a
  628  representative of the State Long-Term Care Ombudsman Program
  629  while carrying out the purposes of the State Long-Term Care
  630  Program as specified in this part on an ombudsman council, or as
  631  an employee of the office, while carrying out the purposes of
  632  the State Long-Term Care Ombudsman Program as specified in this
  633  part.
  634         (b) The procedure by which an individual a person listed in
  635  subsection (2) must shall certify that he or she does not have a
  636  has no conflict of interest.
  637         Section 8. Section 400.0071, Florida Statutes, is amended
  638  to read:
  639         400.0071 State Long-Term Care Ombudsman Program complaint
  640  procedures.—The department, in consultation with the state
  641  ombudsman, shall adopt rules implementing state and local
  642  complaint procedures. The rules must include procedures for
  643  receiving, investigating, identifying, and resolving complaints
  644  concerning the health, safety, welfare, and rights of
  645  residents.:
  646         (1) Receiving complaints against a long-term care facility
  647  or an employee of a long-term care facility.
  648         (2) Conducting investigations of a long-term care facility
  649  or an employee of a long-term care facility subsequent to
  650  receiving a complaint.
  651         (3) Conducting onsite administrative assessments of long
  652  term care facilities.
  653         Section 9. Section 400.0073, Florida Statutes, is amended
  654  to read:
  655         400.0073 State and local ombudsman council investigations.—
  656         (1) A representative of the State Long-Term Care Ombudsman
  657  Program local council shall identify and investigate, within a
  658  reasonable time after a complaint is made, by or on behalf any
  659  complaint of a resident relating to actions or omissions by
  660  providers or representatives of providers of long-term care
  661  services, other public agencies, guardians, or representative
  662  payees which may adversely affect the health, safety, welfare,
  663  or rights of residents., a representative of a resident, or any
  664  other credible source based on an action or omission by an
  665  administrator, an employee, or a representative of a long-term
  666  care facility which might be:
  667         (a) Contrary to law;
  668         (b) Unreasonable, unfair, oppressive, or unnecessarily
  669  discriminatory, even though in accordance with law;
  670         (c) Based on a mistake of fact;
  671         (d) Based on improper or irrelevant grounds;
  672         (e) Unaccompanied by an adequate statement of reasons;
  673         (f) Performed in an inefficient manner; or
  674         (g) Otherwise adversely affecting the health, safety,
  675  welfare, or rights of a resident.
  676         (2) In an investigation, both the state and local councils
  677  have the authority to hold public hearings.
  678         (2)(3) Subsequent to an appeal from a local council, the
  679  state council may investigate any complaint received by the
  680  local council involving a long-term care facility or a resident.
  681         (3)(4) If a representative of the State Long-Term Care
  682  Ombudsman Program the ombudsman or any state or local council
  683  member is not allowed to enter a long-term care facility, the
  684  administrator of the facility shall be considered to have
  685  interfered with a representative of the State Long-Term Care
  686  Ombudsman Program office, the state council, or the local
  687  council in the performance of official duties as described in s.
  688  400.0083(1) and to have violated committed a violation of this
  689  part. The representative of the State Long-Term Care Ombudsman
  690  Program ombudsman shall report a facility’s refusal to allow
  691  entry to the state ombudsman or his or her designee, who shall
  692  report the incident to the agency, and the agency shall record
  693  the report and take it into consideration when determining
  694  actions allowable under s. 400.102, s. 400.121, s. 429.14, s.
  695  429.19, s. 429.69, or s. 429.71.
  696         Section 10. Section 400.0074, Florida Statutes, is amended
  697  to read:
  698         400.0074 Local ombudsman council onsite administrative
  699  assessments.—
  700         (1) A representative of the State Long-Term Care Ombudsman
  701  Program shall In addition to any specific investigation
  702  conducted pursuant to a complaint, the local council shall
  703  conduct, at least annually, an onsite administrative assessment
  704  of each nursing home, assisted living facility, and adult
  705  family-care home within its jurisdiction. This administrative
  706  assessment must be resident-centered and must shall focus on
  707  factors affecting the rights, health, safety, and welfare of the
  708  residents. Each local council is encouraged to conduct a similar
  709  onsite administrative assessment of each additional long-term
  710  care facility within its jurisdiction.
  711         (2) An onsite administrative assessment conducted by a
  712  local council shall be subject to the following conditions:
  713         (a) To the extent possible and reasonable, the
  714  administrative assessment may assessments shall not duplicate
  715  the efforts of the agency surveys and inspections of long-term
  716  care facilities conducted by state agencies under part II of
  717  this chapter and parts I and II of chapter 429.
  718         (b) An administrative assessment shall be conducted at a
  719  time and for a duration necessary to produce the information
  720  required to complete the assessment carry out the duties of the
  721  local council.
  722         (c) Advance notice of an administrative assessment may not
  723  be provided to a long-term care facility, except that notice of
  724  followup assessments on specific problems may be provided.
  725         (d) A representative of the State Long-Term Care Ombudsman
  726  Program local council member physically present for the
  727  administrative assessment must shall identify himself or herself
  728  to the administrator and cite the specific statutory authority
  729  for his or her assessment of the facility or his or her
  730  designee.
  731         (e) An administrative assessment may not unreasonably
  732  interfere with the programs and activities of residents.
  733         (f) A representative of the State Long-Term Care Ombudsman
  734  Program local council member may not enter a single-family
  735  residential unit within a long-term care facility during an
  736  administrative assessment without the permission of the resident
  737  or the representative of the resident.
  738         (g) An administrative assessment must be conducted in a
  739  manner that does not impose an will impose no unreasonable
  740  burden on a long-term care facility.
  741         (3) Regardless of jurisdiction, the state ombudsman may
  742  authorize a state or local council member to assist another
  743  local council to perform the administrative assessments
  744  described in this section.
  745         (4) An onsite administrative assessment may not be
  746  accomplished by forcible entry. However, if a representative of
  747  the State Long-Term Care Ombudsman Program the ombudsman or a
  748  state or local council member is not allowed to enter a long
  749  term care facility, the administrator of the facility shall be
  750  considered to have interfered with a representative of the State
  751  Long-Term Care Ombudsman Program office, the state council, or
  752  the local council in the performance of official duties as
  753  described in s. 400.0083(1) and to have committed a violation of
  754  this part. The representative of the State Long-Term Care
  755  Ombudsman Program ombudsman shall report the refusal by a
  756  facility to allow entry to the state ombudsman or his or her
  757  designee, who shall report the incident to the agency, and the
  758  agency shall record the report and take it into consideration
  759  when determining actions allowable under s. 400.102, s. 400.121,
  760  s. 429.14, s. 429.19, s. 429.69, or s. 429.71.
  761         (5)The department, in consultation with the state
  762  ombudsman, may adopt rules implementing procedures for
  763  conducting onsite administrative assessments of long-term care
  764  facilities.
  765         Section 11. Section 400.0075, Florida Statutes, is amended
  766  to read:
  767         400.0075 Complaint notification and resolution procedures.—
  768         (1)(a) Any complaint or problem verified by a
  769  representative of the State Long-Term Care Ombudsman Program an
  770  ombudsman council as a result of an investigation which is
  771  determined by the local council to require remedial action may
  772  or onsite administrative assessment, which complaint or problem
  773  is determined to require remedial action by the local council,
  774  shall be identified and brought to the attention of the long
  775  term care facility administrator subject to the confidentiality
  776  provisions of s. 400.0077 in writing. Upon receipt of the
  777  information such document, the administrator, with the
  778  concurrence of the representative of the State Long-Term Care
  779  Ombudsman Program local council chair, shall establish target
  780  dates for taking appropriate remedial action. If, by the target
  781  date, the remedial action is not completed or forthcoming, the
  782  representative of the State Long-Term Care Ombudsman Program may
  783  extend the target date if there is reason to believe such action
  784  would facilitate the resolution of the complaint, or the
  785  representative of the State Long-Term Care Ombudsman Program may
  786  refer the complaint to the district manager who may refer the
  787  complaint to the state council. local council chair may, after
  788  obtaining approval from the ombudsman and a majority of the
  789  members of the local council:
  790         1. Extend the target date if the chair has reason to
  791  believe such action would facilitate the resolution of the
  792  complaint.
  793         2. In accordance with s. 400.0077, publicize the complaint,
  794  the recommendations of the council, and the response of the
  795  long-term care facility.
  796         3. Refer the complaint to the state council.
  797         (b) If the representative of the State Long-Term Care
  798  Ombudsman Program determines local council chair believes that
  799  the health, safety, welfare, or rights of a the resident are in
  800  imminent danger, the representative of the State Long-Term Care
  801  Ombudsman Program must immediately the chair shall notify the
  802  district manager and local council chair. ombudsman or legal
  803  advocate, who, The district manager or local council chair,
  804  after verifying that such imminent danger exists, must notify
  805  the appropriate state agencies, including law enforcement
  806  agencies, the state ombudsman, and the legal advocate to ensure
  807  the protection of shall seek immediate legal or administrative
  808  remedies to protect the resident.
  809         (c) If the state ombudsman or legal advocate has reason to
  810  believe that the long-term care facility or an employee of the
  811  facility has committed a criminal act, the state ombudsman or
  812  legal advocate shall provide the local law enforcement agency
  813  with the relevant information to initiate an investigation of
  814  the case.
  815         (2)(a) Upon referral from a district or local council, the
  816  state ombudsman or his or her designee council shall assume the
  817  responsibility for the disposition of the complaint. If a long
  818  term care facility fails to take action to resolve or remedy the
  819  on a complaint by the state council, the state ombudsman council
  820  may, after obtaining approval from the ombudsman and a majority
  821  of the state council members:
  822         (a)1. In accordance with s. 400.0077, publicize the
  823  complaint, the recommendations of the local or state council,
  824  and the response of the long-term care facility.
  825         (b)2. Recommend to the department and the agency a series
  826  of facility reviews pursuant to s. 400.19, s. 429.34, or s.
  827  429.67 to ensure correction and nonrecurrence of the conditions
  828  that gave give rise to the complaint complaints against the a
  829  long-term care facility.
  830         (c)3. Recommend to the department and the agency that the
  831  long-term care facility no longer receive payments under any
  832  state assistance program, including Medicaid.
  833         (d)4. Recommend to the department and the agency that
  834  procedures be initiated for action against revocation of the
  835  long-term care facility’s license in accordance with chapter
  836  120.
  837         (b) If the state council chair believes that the health,
  838  safety, welfare, or rights of the resident are in imminent
  839  danger, the chair shall notify the ombudsman or legal advocate,
  840  who, after verifying that such imminent danger exists, shall
  841  seek immediate legal or administrative remedies to protect the
  842  resident.
  843         (3)(c) If the state ombudsman, after consultation with the
  844  legal advocate, has reason to believe that the long-term care
  845  facility or an employee of the facility has committed a criminal
  846  act, the state ombudsman shall provide the local law enforcement
  847  agency with the relevant information to initiate an
  848  investigation of the case.
  849         Section 12. Section 400.0078, Florida Statutes, is amended
  850  to read:
  851         400.0078 Citizen access to State Long-Term Care Ombudsman
  852  Program services.—
  853         (1) The office shall establish a statewide toll-free
  854  telephone number and e-mail address for receiving complaints
  855  concerning matters adversely affecting the health, safety,
  856  welfare, or rights of residents.
  857         (2) Every resident or representative of a resident shall
  858  receive, Upon admission to a long-term care facility, each
  859  resident or representative of a resident must receive
  860  information regarding:
  861         (a) The purpose of the State Long-Term Care Ombudsman
  862  Program,;
  863         (b) The statewide toll-free telephone number and e-mail
  864  address for receiving complaints;, and
  865         (c) Information that retaliatory action cannot be taken
  866  against a resident for presenting grievances or for exercising
  867  any other resident rights.
  868         (d) Other relevant information regarding how to contact
  869  representatives of the State Long Term Care Ombudsman Program
  870  the program.
  871  
  872  Residents or their representatives must be furnished additional
  873  copies of this information upon request.
  874         Section 13. Section 400.0079, Florida Statutes, is amended
  875  to read:
  876         400.0079 Immunity.—
  877         (1) Any person making a complaint pursuant to this part who
  878  does so in good faith shall be immune from any liability, civil
  879  or criminal, that otherwise might be incurred or imposed as a
  880  direct or indirect result of making the complaint.
  881         (2) Representatives of the State Long-Term Care Ombudsman
  882  Program are The ombudsman or any person authorized by the
  883  ombudsman to act on behalf of the office, as well as all members
  884  of the state and local councils, shall be immune from any
  885  liability, civil or criminal, that otherwise might be incurred
  886  or imposed during the good faith performance of official duties.
  887         Section 14. Section 400.0081, Florida Statutes, is amended
  888  to read:
  889         400.0081 Access to facilities, residents, and records.—
  890         (1) A long-term care facility shall provide representatives
  891  of the State Long-Term Care Program with the office, the state
  892  council and its members, and the local councils and their
  893  members access to:
  894         (a) Any portion of The long-term care facility and its
  895  residents any resident as necessary to investigate or resolve a
  896  complaint.
  897         (b) Where appropriate, medical and social records of a
  898  resident for review as necessary to investigate or resolve a
  899  complaint, if:
  900         1. The representative of the State Long-Term Care Ombudsman
  901  Program office has the permission of the resident or the legal
  902  representative of the resident; or
  903         2. The resident is unable to consent to the review and does
  904  not have a has no legal representative.
  905         (c) Medical and social records of a the resident as
  906  necessary to investigate or resolve a complaint, if:
  907         1. A legal representative or guardian of the resident
  908  refuses to give permission;
  909         2. The representative of the State Long-Term Care Ombudsman
  910  Program office has reasonable cause to believe that the legal
  911  representative or guardian is not acting in the best interests
  912  of the resident; and
  913         3. The representative of the State Long-Term Care Ombudsman
  914  Program state or local council member obtains the approval of
  915  the state ombudsman.
  916         (d) Access to The administrative records, policies, and
  917  documents to which residents or the general public have access.
  918         (e) Upon request, copies of all licensing and certification
  919  records maintained by the state with respect to a long-term care
  920  facility.
  921         (2) The department, in consultation with the state
  922  ombudsman and the state council, may adopt rules to establish
  923  procedures to ensure access to facilities, residents, and
  924  records as described in this section.
  925         Section 15. Section 400.0083, Florida Statutes, is amended
  926  to read:
  927         400.0083 Interference; retaliation; penalties.—
  928         (1) A It shall be unlawful for any person, long-term care
  929  facility, or other entity may not to willfully interfere with a
  930  representative of the State Long-Term Care Ombudsman Program
  931  office, the state council, or a local council in the performance
  932  of official duties.
  933         (2) A It shall be unlawful for any person, long-term care
  934  facility, or other entity may not to knowingly or willfully take
  935  action or retaliate against any resident, employee, or other
  936  person for filing a complaint with, providing information to, or
  937  otherwise cooperating with any representative of the State Long
  938  Term-Care Ombudsman Program office, the state council, or a
  939  local council.
  940         (3) A Any person, long-term care facility, or other entity
  941  that violates this section:
  942         (a) Is Shall be liable for damages and equitable relief as
  943  determined by law.
  944         (b) Commits a misdemeanor of the second degree, punishable
  945  as provided in s. 775.083.
  946         Section 16. Section 400.0087, Florida Statutes, is amended
  947  to read:
  948         400.0087 Department oversight; funding.—
  949         (1) The department shall meet the costs associated with the
  950  State Long-Term Care Ombudsman Program from funds appropriated
  951  to it.
  952         (a) The department shall include the costs associated with
  953  support of the State Long-Term Care Ombudsman Program when
  954  developing its budget requests for consideration by the Governor
  955  and submittal to the Legislature.
  956         (b) The department may divert from the federal ombudsman
  957  appropriation an amount equal to the department’s administrative
  958  cost ratio to cover the costs associated with administering the
  959  State Long-Term Care Ombudsman Program. The remaining allotment
  960  from the Older Americans Act program shall be expended on direct
  961  ombudsman activities.
  962         (2) The department shall monitor the State Long-Term Care
  963  Ombudsman Program office, the state council, and the local
  964  councils to ensure that each is carrying out the duties
  965  delegated to it by state and federal law.
  966         (3) The department is responsible for ensuring that the
  967  State Long-Term Care Ombudsman Program office:
  968         (a) Has the objectivity and independence required to
  969  qualify it for funding under the federal Older Americans Act.
  970         (b) Provides information to public and private agencies,
  971  legislators, and others.
  972         (c) Provides appropriate training to representatives of the
  973  State Long-Term Care Ombudsman Office or of the state or local
  974  councils.
  975         (d) Coordinates ombudsman services with Disability Rights
  976  Florida, the Advocacy Center for Persons with Disabilities and
  977  with providers of legal services to residents of long-term care
  978  facilities in compliance with state and federal laws.
  979         (4) The department shall also:
  980         (a) Receive and disburse state and federal funds for
  981  purposes that the state ombudsman has formulated in accordance
  982  with the Older Americans Act.
  983         (b) Whenever necessary, act as liaison between agencies and
  984  branches of the federal and state governments and the State
  985  Long-Term Care Ombudsman Program.
  986         Section 17. Section 400.0089, Florida Statutes, is amended
  987  to read:
  988         400.0089 Complaint data reports.—The State Long-Term Care
  989  Ombudsman Program office shall maintain a statewide uniform
  990  reporting system to collect and analyze data relating to
  991  complaints and conditions in long-term care facilities and to
  992  residents for the purpose of identifying and resolving
  993  complaints significant problems. The office shall publish
  994  quarterly and make readily available Information pertaining to
  995  the number and types of complaints received by the State Long
  996  Term Care Ombudsman Program shall be published quarterly and
  997  made readily available and shall include such information in the
  998  annual report required under s. 400.0065.
  999         Section 18. Section 400.0091, Florida Statutes, is amended
 1000  to read:
 1001         400.0091 Training.—The state ombudsman shall ensure that
 1002  appropriate training is provided to all representatives of the
 1003  State Long-Term Care Ombudsman Program employees of the office
 1004  and to the members of the state and local councils.
 1005         (1) All representatives of the State Long-Term Care
 1006  Ombudsman Program state and local council members and employees
 1007  of the office shall be given a minimum of 20 hours of training
 1008  upon employment with the State Long-Term Care Ombudsman Program
 1009  office or appointment as an ombudsman. Ten approval as a state
 1010  or local council member and 10 hours of training in the form of
 1011  continuing education is required annually thereafter.
 1012         (2) The state ombudsman shall approve the curriculum for
 1013  the initial and continuing education training, which must, at a
 1014  minimum, address:
 1015         (a) Resident confidentiality.
 1016         (b) Guardianships and powers of attorney.
 1017         (c) Medication administration.
 1018         (d) Care and medication of residents with dementia and
 1019  Alzheimer’s disease.
 1020         (e) Accounting for residents’ funds.
 1021         (f) Discharge rights and responsibilities.
 1022         (g) Cultural sensitivity.
 1023         (h) Any other topic related to residency in a long-term
 1024  care facility recommended by the secretary.
 1025         (3) An individual No employee, officer, or representative
 1026  of the office or of the state or local councils, other than the
 1027  state ombudsman, may not hold himself or herself out as a
 1028  representative of the State Long-Term Care Ombudsman Program or
 1029  conduct any authorized program duty described in this part
 1030  unless the individual person has received the training required
 1031  by this section and has been certified by the state ombudsman as
 1032  qualified to carry out ombudsman activities on behalf of the
 1033  office or the state or local councils.
 1034         Section 19. Subsection (4) of section 20.41, Florida
 1035  Statutes, is amended to read:
 1036         20.41 Department of Elderly Affairs.—There is created a
 1037  Department of Elderly Affairs.
 1038         (4) The department shall administer the State Long-Term
 1039  Care Ombudsman Program Council, created by s. 400.0063 400.0067,
 1040  and the local long-term care ombudsman councils, created by s.
 1041  400.0069 and shall, as required by s. 712 of the federal Older
 1042  Americans Act of 1965, ensure that both the State Long Term Care
 1043  Ombudsman Program operates state and local long-term care
 1044  ombudsman councils operate in compliance with the Older
 1045  Americans Act.
 1046         Section 20. Subsections (14) through (19) of section
 1047  400.021, Florida Statutes, are amended to read:
 1048         400.021 Definitions.—When used in this part, unless the
 1049  context otherwise requires, the term:
 1050         (14) “Office” has the same meaning as in s. 400.0060.
 1051         (15)(14) “Planning and service area” means the geographic
 1052  area in which the Older Americans Act programs are administered
 1053  and services are delivered by the Department of Elderly Affairs.
 1054         (16) “Representative of the State Long Term Care Ombudsman
 1055  Program” has the same meaning as in s. 400.0060.
 1056         (17)(15) “Respite care” means admission to a nursing home
 1057  for the purpose of providing a short period of rest or relief or
 1058  emergency alternative care for the primary caregiver of an
 1059  individual receiving care at home who, without home-based care,
 1060  would otherwise require institutional care.
 1061         (18)(16) “Resident care plan” means a written plan
 1062  developed, maintained, and reviewed not less than quarterly by a
 1063  registered nurse, with participation from other facility staff
 1064  and the resident or his or her designee or legal representative,
 1065  which includes a comprehensive assessment of the needs of an
 1066  individual resident; the type and frequency of services required
 1067  to provide the necessary care for the resident to attain or
 1068  maintain the highest practicable physical, mental, and
 1069  psychosocial well-being; a listing of services provided within
 1070  or outside the facility to meet those needs; and an explanation
 1071  of service goals.
 1072         (19)(17) “Resident designee” means a person, other than the
 1073  owner, administrator, or employee of the facility, designated in
 1074  writing by a resident or a resident’s guardian, if the resident
 1075  is adjudicated incompetent, to be the resident’s representative
 1076  for a specific, limited purpose.
 1077         (20)(18) “State Long Term Care Ombudsman Program ombudsman
 1078  councilhas the same meaning as in s. 400.0060 means the State
 1079  Long-Term Care Ombudsman Council established pursuant to s.
 1080  400.0067.
 1081         (21)(19) “Therapeutic spa services” means bathing, nail,
 1082  and hair care services and other similar services related to
 1083  personal hygiene.
 1084         Section 21. Paragraph (c) of subsection (1) and subsections
 1085  (2), and (3) of section 400.022, Florida Statutes, are amended
 1086  to read:
 1087         400.022 Residents’ rights.—
 1088         (1) All licensees of nursing home facilities shall adopt
 1089  and make public a statement of the rights and responsibilities
 1090  of the residents of such facilities and shall treat such
 1091  residents in accordance with the provisions of that statement.
 1092  The statement shall assure each resident the following:
 1093         (c) Any entity or individual that provides health, social,
 1094  legal, or other services to a resident has the right to have
 1095  reasonable access to the resident. The resident has the right to
 1096  deny or withdraw consent to access at any time by any entity or
 1097  individual. Notwithstanding the visiting policy of the facility,
 1098  the following individuals must be permitted immediate access to
 1099  the resident:
 1100         1. Any representative of the federal or state government,
 1101  including, but not limited to, representatives of the Department
 1102  of Children and Families, the Department of Health, the Agency
 1103  for Health Care Administration, the Office of the Attorney
 1104  General, and the Department of Elderly Affairs; any law
 1105  enforcement officer; any representative of the State Long Term
 1106  Care Ombudsman Program members of the state or local ombudsman
 1107  council; and the resident’s individual physician.
 1108         2. Subject to the resident’s right to deny or withdraw
 1109  consent, immediate family or other relatives of the resident.
 1110  
 1111  The facility must allow representatives of the State Long-Term
 1112  Care Ombudsman Program Council to examine a resident’s clinical
 1113  records with the permission of the resident or the resident’s
 1114  legal representative and consistent with state law.
 1115         (2) The licensee for each nursing home shall orally inform
 1116  the resident of the resident’s rights and provide a copy of the
 1117  statement required by subsection (1) to each resident or the
 1118  resident’s legal representative at or before the resident’s
 1119  admission to a facility. The licensee shall provide a copy of
 1120  the resident’s rights to each staff member of the facility. Each
 1121  such licensee shall prepare a written plan and provide
 1122  appropriate staff training to implement the provisions of this
 1123  section. The written statement of rights must include a
 1124  statement that a resident may file a complaint with the agency
 1125  or state or local ombudsman council. The statement must be in
 1126  boldfaced type and shall include the name, address, and
 1127  telephone number and e-mail address of the State Long Term Care
 1128  Ombudsman Program, the numbers of the local ombudsman council
 1129  and the Elder Abuse Hotline operated by the Department of
 1130  Children and Families central abuse hotline where complaints may
 1131  be lodged.
 1132         (3) Any violation of the resident’s rights set forth in
 1133  this section constitutes shall constitute grounds for action by
 1134  the agency under the provisions of s. 400.102, s. 400.121, or
 1135  part II of chapter 408. In order to determine whether the
 1136  licensee is adequately protecting residents’ rights, the
 1137  licensure inspection of the facility must shall include private
 1138  informal conversations with a sample of residents to discuss
 1139  residents’ experiences within the facility with respect to
 1140  rights specified in this section and general compliance with
 1141  standards, and consultation with the State Long-Term Care
 1142  Ombudsman Program ombudsman council in the local planning and
 1143  service area of the Department of Elderly Affairs in which the
 1144  nursing home is located.
 1145         Section 22. Subsections (8), (9), and (11) through (14) of
 1146  section 400.0255, Florida Statutes, are amended to read:
 1147         400.0255 Resident transfer or discharge; requirements and
 1148  procedures; hearings.—
 1149         (8) The notice required by subsection (7) must be in
 1150  writing and must contain all information required by state and
 1151  federal law, rules, or regulations applicable to Medicaid or
 1152  Medicare cases. The agency shall develop a standard document to
 1153  be used by all facilities licensed under this part for purposes
 1154  of notifying residents of a discharge or transfer. Such document
 1155  must include a means for a resident to request the local long
 1156  term care ombudsman council to review the notice and request
 1157  information about or assistance with initiating a fair hearing
 1158  with the department’s Office of Appeals Hearings. In addition to
 1159  any other pertinent information included, the form shall specify
 1160  the reason allowed under federal or state law that the resident
 1161  is being discharged or transferred, with an explanation to
 1162  support this action. Further, the form must shall state the
 1163  effective date of the discharge or transfer and the location to
 1164  which the resident is being discharged or transferred. The form
 1165  must shall clearly describe the resident’s appeal rights and the
 1166  procedures for filing an appeal, including the right to request
 1167  the local ombudsman council to review the notice of discharge or
 1168  transfer. A copy of the notice must be placed in the resident’s
 1169  clinical record, and a copy must be transmitted to the
 1170  resident’s legal guardian or representative and to the local
 1171  ombudsman council within 5 business days after signature by the
 1172  resident or resident designee.
 1173         (9) A resident may request that the State Long-Term Care
 1174  Ombudsman Program or local ombudsman council review any notice
 1175  of discharge or transfer given to the resident. When requested
 1176  by a resident to review a notice of discharge or transfer, the
 1177  local ombudsman council shall do so within 7 days after receipt
 1178  of the request. The nursing home administrator, or the
 1179  administrator’s designee, must forward the request for review
 1180  contained in the notice to the State Long-Term Care Ombudsman
 1181  Program or local ombudsman council within 24 hours after such
 1182  request is submitted. Failure to forward the request within 24
 1183  hours after the request is submitted shall toll the running of
 1184  the 30-day advance notice period until the request has been
 1185  forwarded.
 1186         (11) Notwithstanding paragraph (10)(b), an emergency
 1187  discharge or transfer may be implemented as necessary pursuant
 1188  to state or federal law during the period of time after the
 1189  notice is given and before the time a hearing decision is
 1190  rendered. Notice of an emergency discharge or transfer to the
 1191  resident, the resident’s legal guardian or representative, and
 1192  the State Long-Term Care Ombudsman Program or the local
 1193  ombudsman council if requested pursuant to subsection (9) must
 1194  be by telephone or in person. This notice shall be given before
 1195  the transfer, if possible, or as soon thereafter as practicable.
 1196  The State Long-Term Care Ombudsman Program or a A local
 1197  ombudsman council conducting a review under this subsection
 1198  shall do so within 24 hours after receipt of the request. The
 1199  resident’s file must be documented to show who was contacted,
 1200  whether the contact was by telephone or in person, and the date
 1201  and time of the contact. If the notice is not given in writing,
 1202  written notice meeting the requirements of subsection (8) must
 1203  be given the next working day.
 1204         (12) After receipt of any notice required under this
 1205  section, the State Long-Term Care Ombudsman Program or local
 1206  ombudsman council may request a private informal conversation
 1207  with a resident to whom the notice is directed, and, if known, a
 1208  family member or the resident’s legal guardian or designee, to
 1209  ensure that the facility is proceeding with the discharge or
 1210  transfer in accordance with the requirements of this section. If
 1211  requested, the State Long-Term Care Ombudsman Program or the
 1212  local ombudsman council shall assist the resident with filing an
 1213  appeal of the proposed discharge or transfer.
 1214         (13) The following persons must be present at all hearings
 1215  authorized under this section:
 1216         (a) The resident, or the resident’s legal representative or
 1217  designee.
 1218         (b) The facility administrator, or the facility’s legal
 1219  representative or designee.
 1220  
 1221  A representative of the State Long-Term Care Ombudsman Program
 1222  or the local long-term care ombudsman council may be present at
 1223  all hearings authorized by this section.
 1224         (14) In any hearing under this section, the following
 1225  information concerning the parties shall be confidential and
 1226  exempt from the provisions of s. 119.07(1):
 1227         (a) Names and addresses.
 1228         (b) Medical services provided.
 1229         (c) Social and economic conditions or circumstances.
 1230         (d) Evaluation of personal information.
 1231         (e) Medical data, including diagnosis and past history of
 1232  disease or disability.
 1233         (f) Any information received verifying income eligibility
 1234  and amount of medical assistance payments. Income information
 1235  received from the Social Security Administration or the Internal
 1236  Revenue Service must be safeguarded according to the
 1237  requirements of the agency that furnished the data.
 1238  
 1239  The exemption created by this subsection does not prohibit
 1240  access to such information by the State Long-Term Care Ombudsman
 1241  Program or a local long-term care ombudsman council upon
 1242  request, by a reviewing court if such information is required to
 1243  be part of the record upon subsequent review, or as specified in
 1244  s. 24(a), Art. I of the State Constitution.
 1245         Section 23. Paragraph (d) of subsection (5) of section
 1246  400.162, Florida Statutes, is amended to read:
 1247         400.162 Property and personal affairs of residents.—
 1248         (5)
 1249         (d) If, at any time during the period for which a license
 1250  is issued, a licensee that has not purchased a surety bond or
 1251  entered into a self-insurance agreement, as provided in
 1252  paragraphs (b) and (c), is requested to provide safekeeping for
 1253  the personal funds of a resident, the licensee shall notify the
 1254  agency of the request and make application for a surety bond or
 1255  for participation in a self-insurance agreement within 7 days
 1256  after of the request, exclusive of weekends and holidays. Copies
 1257  of the application, along with written documentation of related
 1258  correspondence with an insurance agency or group, shall be
 1259  maintained by the licensee for review by the agency and the
 1260  State Nursing Home and Long-Term Care Facility Ombudsman Program
 1261  Council.
 1262         Section 24. Subsections (1) and (4) of section 400.19,
 1263  Florida Statutes, are amended to read:
 1264         400.19 Right of entry and inspection.—
 1265         (1) In accordance with part II of chapter 408, the agency
 1266  and any of its duly designated officers officer or employees
 1267  employee thereof or a representative of member of the State
 1268  Long-Term Care Ombudsman Program Council or the local long-term
 1269  care ombudsman council shall have the right to enter upon and
 1270  into the premises of any facility licensed pursuant to this
 1271  part, or any distinct nursing home unit of a hospital licensed
 1272  under chapter 395 or any freestanding facility licensed under
 1273  chapter 395 which that provides extended care or other long-term
 1274  care services, at any reasonable time in order to determine the
 1275  state of compliance with the provisions of this part, part II of
 1276  chapter 408, and applicable rules in force pursuant thereto. The
 1277  agency shall, within 60 days after receipt of a complaint made
 1278  by a resident or resident’s representative, complete its
 1279  investigation and provide to the complainant its findings and
 1280  resolution.
 1281         (4) The agency shall conduct unannounced onsite facility
 1282  reviews following written verification of licensee noncompliance
 1283  in instances in which a representative of the State Long-Term
 1284  Care Ombudsman Program or long-term care ombudsman council,
 1285  pursuant to ss. 400.0071 and 400.0075, has received a complaint
 1286  and has documented deficiencies in resident care or in the
 1287  physical plant of the facility that threaten the health, safety,
 1288  or security of residents, or when the agency documents through
 1289  inspection that conditions in a facility present a direct or
 1290  indirect threat to the health, safety, or security of residents.
 1291  However, the agency shall conduct unannounced onsite reviews
 1292  every 3 months of each facility while the facility has a
 1293  conditional license. Deficiencies related to physical plant do
 1294  not require followup reviews after the agency has determined
 1295  that correction of the deficiency has been accomplished and that
 1296  the correction is of the nature that continued compliance can be
 1297  reasonably expected.
 1298         Section 25. Subsection (6) and paragraph (c) of subsection
 1299  (7) of section 400.23, Florida Statutes, are amended to read:
 1300         400.23 Rules; evaluation and deficiencies; licensure
 1301  status.—
 1302         (6) Before Prior to conducting a survey of the facility,
 1303  the survey team shall obtain a copy of the local long-term care
 1304  ombudsman council report on the facility. Problems noted in the
 1305  report shall be incorporated into and followed up through the
 1306  agency’s inspection process. This procedure does not preclude
 1307  the State Long-Term Care Ombudsman Program or local long-term
 1308  care ombudsman council from requesting the agency to conduct a
 1309  followup visit to the facility.
 1310         (7) The agency shall, at least every 15 months, evaluate
 1311  all nursing home facilities and make a determination as to the
 1312  degree of compliance by each licensee with the established rules
 1313  adopted under this part as a basis for assigning a licensure
 1314  status to that facility. The agency shall base its evaluation on
 1315  the most recent inspection report, taking into consideration
 1316  findings from other official reports, surveys, interviews,
 1317  investigations, and inspections. In addition to license
 1318  categories authorized under part II of chapter 408, the agency
 1319  shall assign a licensure status of standard or conditional to
 1320  each nursing home.
 1321         (c) In evaluating the overall quality of care and services
 1322  and determining whether the facility will receive a conditional
 1323  or standard license, the agency shall consider the needs and
 1324  limitations of residents in the facility and the results of
 1325  interviews and surveys of a representative sampling of
 1326  residents, families of residents, representatives of the State
 1327  Long-Term Care Ombudsman Program ombudsman council members in
 1328  the planning and service area in which the facility is located,
 1329  guardians of residents, and staff of the nursing home facility.
 1330         Section 26. Paragraph (a) of subsection (3), paragraph (f)
 1331  of subsection (5), and subsection (6) of section 400.235,
 1332  Florida Statutes, is amended to read:
 1333         400.235 Nursing home quality and licensure status; Gold
 1334  Seal Program.—
 1335         (3)(a) The Gold Seal Program shall be developed and
 1336  implemented by the Governor’s Panel on Excellence in Long-Term
 1337  Care which shall operate under the authority of the Executive
 1338  Office of the Governor. The panel shall be composed of three
 1339  persons appointed by the Governor, to include a consumer
 1340  advocate for senior citizens and two persons with expertise in
 1341  the fields of quality management, service delivery excellence,
 1342  or public sector accountability; three persons appointed by the
 1343  Secretary of Elderly Affairs, to include an active member of a
 1344  nursing facility family and resident care council and a member
 1345  of the University Consortium on Aging; a representative of the
 1346  State Long-Term Care Ombudsman Program; one person appointed by
 1347  the Florida Life Care Residents Association; one person
 1348  appointed by the State Surgeon General; two persons appointed by
 1349  the Secretary of Health Care Administration; one person
 1350  appointed by the Florida Association of Homes for the Aging; and
 1351  one person appointed by the Florida Health Care Association.
 1352  Vacancies on the panel shall be filled in the same manner as the
 1353  original appointments.
 1354         (5) Facilities must meet the following additional criteria
 1355  for recognition as a Gold Seal Program facility:
 1356         (f) Evidence that verified an outstanding record regarding
 1357  the number and types of substantiated complaints reported to the
 1358  State Long-Term Care Ombudsman Program Council within the 30
 1359  months preceding application for the program.
 1360  
 1361  A facility assigned a conditional licensure status may not
 1362  qualify for consideration for the Gold Seal Program until after
 1363  it has operated for 30 months with no class I or class II
 1364  deficiencies and has completed a regularly scheduled relicensure
 1365  survey.
 1366         (6) The agency, nursing facility industry organizations,
 1367  consumers, State Long-Term Care Ombudsman Program Council, and
 1368  members of the community may recommend to the Governor
 1369  facilities that meet the established criteria for consideration
 1370  for and award of the Gold Seal. The panel shall review nominees
 1371  and make a recommendation to the Governor for final approval and
 1372  award. The decision of the Governor is final and is not subject
 1373  to appeal.
 1374         Section 27. Subsections (18) through (28) of section
 1375  415.102, Florida Statutes, are redesignated as subsections (19)
 1376  through and (29), respectively, and a new subsection (18) is
 1377  added to that section, to read:
 1378         415.102 Definitions of terms used in ss. 415.101-415.113.
 1379  As used in ss. 415.101-415.113, the term:
 1380         (18) “Office” has the same meaning as in s. 400.0060.
 1381         Section 28. Paragraph (a) of subsection (1) of section
 1382  415.1034, Florida Statutes, is amended to read:
 1383         415.1034 Mandatory reporting of abuse, neglect, or
 1384  exploitation of vulnerable adults; mandatory reports of death.—
 1385         (1) MANDATORY REPORTING.—
 1386         (a) Any person, including, but not limited to, any:
 1387         1. Physician, osteopathic physician, medical examiner,
 1388  chiropractic physician, nurse, paramedic, emergency medical
 1389  technician, or hospital personnel engaged in the admission,
 1390  examination, care, or treatment of vulnerable adults;
 1391         2. Health professional or mental health professional other
 1392  than one listed in subparagraph 1.;
 1393         3. Practitioner who relies solely on spiritual means for
 1394  healing;
 1395         4. Nursing home staff; assisted living facility staff;
 1396  adult day care center staff; adult family-care home staff;
 1397  social worker; or other professional adult care, residential, or
 1398  institutional staff;
 1399         5. State, county, or municipal criminal justice employee or
 1400  law enforcement officer;
 1401         6. An Employee of the Department of Business and
 1402  Professional Regulation conducting inspections of public lodging
 1403  establishments under s. 509.032;
 1404         7. Florida advocacy council or Disability Rights Florida
 1405  member or a representative of the State Long-Term Care Ombudsman
 1406  Program long-term care ombudsman council member; or
 1407         8. Bank, savings and loan, or credit union officer,
 1408  trustee, or employee,
 1409  
 1410  who knows, or has reasonable cause to suspect, that a vulnerable
 1411  adult has been or is being abused, neglected, or exploited shall
 1412  immediately report such knowledge or suspicion to the central
 1413  abuse hotline.
 1414         Section 29. Subsection (1) of section 415.104, Florida
 1415  Statutes, is amended to read:
 1416         415.104 Protective investigations of cases of abuse,
 1417  neglect, or exploitation of vulnerable adults; transmittal of
 1418  records to state attorney.—
 1419         (1) The department shall, upon receipt of a report alleging
 1420  abuse, neglect, or exploitation of a vulnerable adult, begin
 1421  within 24 hours a protective investigation of the facts alleged
 1422  therein. If a caregiver refuses to allow the department to begin
 1423  a protective investigation or interferes with the conduct of
 1424  such an investigation, the appropriate law enforcement agency
 1425  shall be contacted for assistance. If, during the course of the
 1426  investigation, the department has reason to believe that the
 1427  abuse, neglect, or exploitation is perpetrated by a second
 1428  party, the appropriate law enforcement agency and state attorney
 1429  shall be orally notified. The department and the law enforcement
 1430  agency shall cooperate to allow the criminal investigation to
 1431  proceed concurrently with, and not be hindered by, the
 1432  protective investigation. The department shall make a
 1433  preliminary written report to the law enforcement agencies
 1434  within 5 working days after the oral report. The department
 1435  shall, within 24 hours after receipt of the report, notify the
 1436  appropriate Florida local advocacy council, or the State Long
 1437  Term Care Ombudsman Program long-term care ombudsman council,
 1438  when appropriate, that an alleged abuse, neglect, or
 1439  exploitation perpetrated by a second party has occurred. Notice
 1440  to the Florida local advocacy council or the State Long-Term
 1441  Care Ombudsman Program long-term care ombudsman council may be
 1442  accomplished orally or in writing and shall include the name and
 1443  location of the vulnerable adult alleged to have been abused,
 1444  neglected, or exploited and the nature of the report.
 1445         Section 30. Subsection (8) of section 415.1055, Florida
 1446  Statutes, is amended to read:
 1447         415.1055 Notification to administrative entities.—
 1448         (8) At the conclusion of a protective investigation at a
 1449  facility, the department shall notify either the Florida local
 1450  advocacy council or the State Long-Term Care Ombudsman Program
 1451  or the long-term care ombudsman council of the results of the
 1452  investigation. This notification must be in writing.
 1453         Section 31. Subsection (2) of section 415.106, Florida
 1454  Statutes, is amended to read:
 1455         415.106 Cooperation by the department and criminal justice
 1456  and other agencies.—
 1457         (2) To ensure coordination, communication, and cooperation
 1458  with the investigation of abuse, neglect, or exploitation of
 1459  vulnerable adults, the department shall develop and maintain
 1460  interprogram agreements or operational procedures among
 1461  appropriate departmental programs and the State Long-Term Care
 1462  Ombudsman Program Council, the Florida Statewide Advocacy
 1463  Council, and other agencies that provide services to vulnerable
 1464  adults. These agreements or procedures must cover such subjects
 1465  as the appropriate roles and responsibilities of the department
 1466  in identifying and responding to reports of abuse, neglect, or
 1467  exploitation of vulnerable adults; the provision of services;
 1468  and related coordinated activities.
 1469         Section 32. Paragraph (g) of subsection (3) of section
 1470  415.107, Florida Statutes, is amended to read:
 1471         415.107 Confidentiality of reports and records.—
 1472         (3) Access to all records, excluding the name of the
 1473  reporter which shall be released only as provided in subsection
 1474  (6), shall be granted only to the following persons, officials,
 1475  and agencies:
 1476         (g) Any appropriate official of the Florida advocacy
 1477  council, State Long-Term Care Ombudsman Program or long-term
 1478  care ombudsman council investigating a report of known or
 1479  suspected abuse, neglect, or exploitation of a vulnerable adult.
 1480         Section 33. Present subsections (16) through (26) of
 1481  section 429.02, Florida Statutes, are redesignated as
 1482  subsections (17) through (27), respectively, present subsections
 1483  (11) and (20) are amended, and a new subsection (16) is added to
 1484  that section to read:
 1485         429.02 Definitions.—When used in this part, the term:
 1486         (11) “Extended congregate care” means acts beyond those
 1487  authorized in subsection (17) (16) that may be performed
 1488  pursuant to part I of chapter 464 by persons licensed thereunder
 1489  while carrying out their professional duties, and other
 1490  supportive services which may be specified by rule. The purpose
 1491  of such services is to enable residents to age in place in a
 1492  residential environment despite mental or physical limitations
 1493  that might otherwise disqualify them from residency in a
 1494  facility licensed under this part.
 1495         (16) “Office” has the same meaning as in s. 400.0060.
 1496         (17)(16) “Personal services” means direct physical
 1497  assistance with or supervision of the activities of daily living
 1498  and the self-administration of medication and other similar
 1499  services which the department may define by rule. “Personal
 1500  services” shall not be construed to mean the provision of
 1501  medical, nursing, dental, or mental health services.
 1502         (18)(17) “Physical restraint” means a device which
 1503  physically limits, restricts, or deprives an individual of
 1504  movement or mobility, including, but not limited to, a half-bed
 1505  rail, a full-bed rail, a geriatric chair, and a posey restraint.
 1506  The term “physical restraint” shall also include any device
 1507  which was not specifically manufactured as a restraint but which
 1508  has been altered, arranged, or otherwise used for this purpose.
 1509  The term shall not include bandage material used for the purpose
 1510  of binding a wound or injury.
 1511         (19)(18) “Relative” means an individual who is the father,
 1512  mother, stepfather, stepmother, son, daughter, brother, sister,
 1513  grandmother, grandfather, great-grandmother, great-grandfather,
 1514  grandson, granddaughter, uncle, aunt, first cousin, nephew,
 1515  niece, husband, wife, father-in-law, mother-in-law, son-in-law,
 1516  daughter-in-law, brother-in-law, sister-in-law, stepson,
 1517  stepdaughter, stepbrother, stepsister, half brother, or half
 1518  sister of an owner or administrator.
 1519         (20)(19) “Resident” means a person 18 years of age or
 1520  older, residing in and receiving care from a facility.
 1521         (21)(20) “Resident’s representative or designee” means a
 1522  person other than the owner, or an agent or employee of the
 1523  facility, designated in writing by the resident, if legally
 1524  competent, to receive notice of changes in the contract executed
 1525  pursuant to s. 429.24; to receive notice of and to participate
 1526  in meetings between the resident and the facility owner,
 1527  administrator, or staff concerning the rights of the resident;
 1528  to assist the resident in contacting the State Long-Term Care
 1529  Ombudsman Program or local ombudsman council if the resident has
 1530  a complaint against the facility; or to bring legal action on
 1531  behalf of the resident pursuant to s. 429.29.
 1532         (22)(21) “Service plan” means a written plan, developed and
 1533  agreed upon by the resident and, if applicable, the resident’s
 1534  representative or designee or the resident’s surrogate,
 1535  guardian, or attorney in fact, if any, and the administrator or
 1536  designee representing the facility, which addresses the unique
 1537  physical and psychosocial needs, abilities, and personal
 1538  preferences of each resident receiving extended congregate care
 1539  services. The plan shall include a brief written description, in
 1540  easily understood language, of what services shall be provided,
 1541  who shall provide the services, when the services shall be
 1542  rendered, and the purposes and benefits of the services.
 1543         (23)(22) “Shared responsibility” means exploring the
 1544  options available to a resident within a facility and the risks
 1545  involved with each option when making decisions pertaining to
 1546  the resident’s abilities, preferences, and service needs,
 1547  thereby enabling the resident and, if applicable, the resident’s
 1548  representative or designee, or the resident’s surrogate,
 1549  guardian, or attorney in fact, and the facility to develop a
 1550  service plan which best meets the resident’s needs and seeks to
 1551  improve the resident’s quality of life.
 1552         (24)(23) “Supervision” means reminding residents to engage
 1553  in activities of daily living and the self-administration of
 1554  medication, and, when necessary, observing or providing verbal
 1555  cuing to residents while they perform these activities.
 1556         (25)(24) “Supplemental security income,” Title XVI of the
 1557  Social Security Act, means a program through which the Federal
 1558  Government guarantees a minimum monthly income to every person
 1559  who is age 65 or older, or disabled, or blind and meets the
 1560  income and asset requirements.
 1561         (26)(25) “Supportive services” means services designed to
 1562  encourage and assist aged persons or adults with disabilities to
 1563  remain in the least restrictive living environment and to
 1564  maintain their independence as long as possible.
 1565         (27)(26) “Twenty-four-hour nursing supervision” means
 1566  services that are ordered by a physician for a resident whose
 1567  condition requires the supervision of a physician and continued
 1568  monitoring of vital signs and physical status. Such services
 1569  shall be: medically complex enough to require constant
 1570  supervision, assessment, planning, or intervention by a nurse;
 1571  required to be performed by or under the direct supervision of
 1572  licensed nursing personnel or other professional personnel for
 1573  safe and effective performance; required on a daily basis; and
 1574  consistent with the nature and severity of the resident’s
 1575  condition or the disease state or stage.
 1576         Section 34. Subsection (9) of section 429.19, Florida
 1577  Statutes, is amended to read:
 1578         429.19 Violations; imposition of administrative fines;
 1579  grounds.—
 1580         (9) The agency shall develop and disseminate an annual list
 1581  of all facilities sanctioned or fined for violations of state
 1582  standards, the number and class of violations involved, the
 1583  penalties imposed, and the current status of cases. The list
 1584  shall be disseminated, at no charge, to the Department of
 1585  Elderly Affairs, the Department of Health, the Department of
 1586  Children and Families, the Agency for Persons with Disabilities,
 1587  the area agencies on aging, the Florida Statewide Advocacy
 1588  Council, and the State Long-Term Care Ombudsman Program and
 1589  state and local ombudsman councils. The Department of Children
 1590  and Families shall disseminate the list to service providers
 1591  under contract to the department who are responsible for
 1592  referring persons to a facility for residency. The agency may
 1593  charge a fee commensurate with the cost of printing and postage
 1594  to other interested parties requesting a copy of this list. This
 1595  information may be provided electronically or through the
 1596  agency’s Internet site.
 1597         Section 35. Subsection (8) of section 429.26, Florida
 1598  Statutes, is amended to read:
 1599         429.26 Appropriateness of placements; examinations of
 1600  residents.—
 1601         (8) The Department of Children and Families may require an
 1602  examination for supplemental security income and optional state
 1603  supplementation recipients residing in facilities at any time
 1604  and shall provide the examination whenever a resident’s
 1605  condition requires it. Any facility administrator; personnel of
 1606  the agency, the department, or the Department of Children and
 1607  Families; or a representative of the State Long-Term Care
 1608  Ombudsman Program long-term care ombudsman council member who
 1609  believes a resident needs to be evaluated shall notify the
 1610  resident’s case manager, who shall take appropriate action. A
 1611  report of the examination findings shall be provided to the
 1612  resident’s case manager and the facility administrator to help
 1613  the administrator meet his or her responsibilities under
 1614  subsection (1).
 1615         Section 36. Subsection (2) and paragraph (b) of subsection
 1616  (3) of section 429.28, Florida Statutes, are amended to read:
 1617         429.28 Resident bill of rights.—
 1618         (2) The administrator of a facility shall ensure that a
 1619  written notice of the rights, obligations, and prohibitions set
 1620  forth in this part is posted in a prominent place in each
 1621  facility and read or explained to residents who cannot read.
 1622  This notice must shall include the statewide toll-free telephone
 1623  number and e-mail address of the State Long-Term Care Ombudsman
 1624  Program and the telephone number of name, address, and telephone
 1625  numbers of the local ombudsman council and the Elder Abuse
 1626  Hotline operated by the Department of Children and Families
 1627  central abuse hotline and, when applicable, the Advocacy Center
 1628  for Persons with Disabilities, Inc., and the Florida local
 1629  advocacy council, where complaints may be lodged. The facility
 1630  must ensure a resident’s access to a telephone to call the State
 1631  Long Term Care Ombudsman Program or local ombudsman council, the
 1632  Elder Abuse Hotline operated by the Department of Children and
 1633  Families central abuse hotline, Advocacy Center for Persons with
 1634  Disabilities, Inc., and the Florida local advocacy council.
 1635         (3)
 1636         (b) In order to determine whether the facility is
 1637  adequately protecting residents’ rights, the biennial survey
 1638  shall include private informal conversations with a sample of
 1639  residents and consultation with the ombudsman council in the
 1640  district planning and service area in which the facility is
 1641  located to discuss residents’ experiences within the facility.
 1642         Section 37. Section 429.34, Florida Statutes, is amended to
 1643  read:
 1644         429.34 Right of entry and inspection.—In addition to the
 1645  requirements of s. 408.811, a any duly designated officer or
 1646  employee of the department, the Department of Children and
 1647  Families, the Medicaid Fraud Control Unit of the Office of the
 1648  Attorney General, the state or local fire marshal, or a
 1649  representative of the State Long-Term Care Ombudsman Program or
 1650  a member of the state or local long-term care ombudsman council
 1651  may shall have the right to enter unannounced upon and into the
 1652  premises of any facility licensed under pursuant to this part in
 1653  order to determine the state of compliance with the provisions
 1654  of this part, part II of chapter 408, and applicable rules. Data
 1655  collected by the State Long-Term Care Ombudsman Program, state
 1656  or local long-term care ombudsman councils or the state or local
 1657  advocacy councils may be used by the agency in investigations
 1658  involving violations of regulatory standards.
 1659         Section 38. Subsection (2) of section 429.35, Florida
 1660  Statutes, is amended to read:
 1661         429.35 Maintenance of records; reports.—
 1662         (2) Within 60 days after the date of the biennial
 1663  inspection visit required under s. 408.811 or within 30 days
 1664  after the date of any interim visit, the agency shall forward
 1665  the results of the inspection to the local ombudsman council in
 1666  in the district whose planning and service area, as defined in
 1667  part II of chapter 400, where the facility is located; to at
 1668  least one public library or, in the absence of a public library,
 1669  the county seat in the county in which the inspected assisted
 1670  living facility is located; and, when appropriate, to the
 1671  district Adult Services and Mental Health Program Offices.
 1672         Section 39. Subsection (6) of section 429.67, Florida
 1673  Statutes, is amended to read:
 1674         429.67 Licensure.—
 1675         (6) In addition to the requirements of s. 408.811, access
 1676  to a licensed adult family-care home must be provided at
 1677  reasonable times for the appropriate officials of the
 1678  department, the Department of Health, the Department of Children
 1679  and Families, the agency, and the State Fire Marshal, who are
 1680  responsible for the development and maintenance of fire, health,
 1681  sanitary, and safety standards, to inspect the facility to
 1682  assure compliance with these standards. In addition, access to a
 1683  licensed adult family-care home must be provided at reasonable
 1684  times to representatives of the State Long Term Care Ombudsman
 1685  Program for the local long-term care ombudsman council.
 1686         Section 40. Subsection (2) of section 429.85, Florida
 1687  Statutes, is amended to read:
 1688         429.85 Residents’ bill of rights.—
 1689         (2) The provider shall ensure that residents and their
 1690  legal representatives are made aware of the rights, obligations,
 1691  and prohibitions set forth in this part. Residents must also be
 1692  given the statewide toll-free telephone number and e-mail
 1693  address of the State Long-Term Care Ombudsman Program, the
 1694  telephone number names, addresses, and telephone numbers of the
 1695  local ombudsman council and the Elder Abuse Hotline operated by
 1696  the Department of Children and Families the central abuse
 1697  hotline where they may lodge complaints.
 1698         Section 41. This act shall take effect July 1, 2015.