Florida Senate - 2019                                    SB 1606
       By Senator Torres
       15-01736-19                                           20191606__
    1                        A bill to be entitled                      
    2         An act relating to long-term care facility residents;
    3         amending s. 400.022, F.S.; requiring that providers of
    4         certain services to a resident of a nursing home
    5         facility have the right to have reasonable access to
    6         the resident which is free of charge; amending s.
    7         429.28, F.S.; prohibiting an assisted living facility
    8         from charging providers of certain services to a
    9         resident for reasonable access to the resident;
   10         requiring that reasons for a resident’s relocation
   11         from an assisted living facility be provided to the
   12         resident or the resident’s legal representative;
   13         requiring a copy of a notice of relocation or
   14         termination of residency from an assisted living
   15         facility to be sent to a representative of the Long
   16         Term Care Ombudsman Program within a specified
   17         timeframe; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Paragraph (c) of subsection (1) of section
   22  400.022, Florida Statutes, is amended to read:
   23         400.022 Residents’ rights.—
   24         (1) All licensees of nursing home facilities shall adopt
   25  and make public a statement of the rights and responsibilities
   26  of the residents of such facilities and shall treat such
   27  residents in accordance with the provisions of that statement.
   28  The statement shall assure each resident the following:
   29         (c) Any entity or individual that provides health, social,
   30  legal, or other services to a resident has the right to have
   31  reasonable access to the resident which is free of charge. The
   32  resident has the right to deny or withdraw consent to access at
   33  any time by any entity or individual. Notwithstanding the
   34  visiting policy of the facility, the following individuals must
   35  be permitted immediate access to the resident:
   36         1. Any representative of the federal or state government,
   37  including, but not limited to, representatives of the Department
   38  of Children and Families, the Department of Health, the Agency
   39  for Health Care Administration, the Office of the Attorney
   40  General, and the Department of Elderly Affairs; any law
   41  enforcement officer; any representative of the State Long-Term
   42  Care Ombudsman Program; and the resident’s individual physician.
   43         2. Subject to the resident’s right to deny or withdraw
   44  consent, immediate family or other relatives of the resident.
   46  The facility must allow representatives of the State Long-Term
   47  Care Ombudsman Program to examine a resident’s clinical records
   48  with the permission of the resident or the resident’s legal
   49  representative and consistent with state law.
   50         Section 2. Paragraphs (d) and (k) of subsection (1) of
   51  section 429.28, Florida Statutes, are amended to read:
   52         429.28 Resident bill of rights.—
   53         (1) No resident of a facility shall be deprived of any
   54  civil or legal rights, benefits, or privileges guaranteed by
   55  law, the Constitution of the State of Florida, or the
   56  Constitution of the United States as a resident of a facility.
   57  Every resident of a facility shall have the right to:
   58         (d) Unrestricted private communication, including receiving
   59  and sending unopened correspondence, access to a telephone, and
   60  visiting with any person of his or her choice, at any time
   61  between the hours of 9 a.m. and 9 p.m. at a minimum. Upon
   62  request, the facility shall make provisions to extend visiting
   63  hours for caregivers and out-of-town guests, and in other
   64  similar situations. A facility may not charge a fee to any
   65  entity or individual that provides health, social, legal, or
   66  other services to a resident for that entity or individual to
   67  have reasonable access to the resident.
   68         (k) At least 45 days’ notice of relocation or termination
   69  of residency from the facility unless, for medical reasons, the
   70  resident is certified by a physician to require an emergency
   71  relocation to a facility providing a more skilled level of care
   72  or the resident engages in a pattern of conduct that is harmful
   73  or offensive to other residents. In the case of a resident who
   74  has been adjudicated mentally incapacitated, the guardian shall
   75  be given at least 45 days’ notice of a nonemergency relocation
   76  or residency termination. Reasons for relocation shall be set
   77  forth in writing in the notice and provided to the resident or
   78  the resident’s legal representative. A copy of the notice shall
   79  be sent to a representative of the Long-Term Care Ombudsman
   80  Program within 24 hours. In order for a facility to terminate
   81  the residency of an individual without notice as provided
   82  herein, the facility shall show good cause in a court of
   83  competent jurisdiction.
   84         Section 3. This act shall take effect July 1, 2019.