Bill Amendment: FL S0966 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Health Care
Status: 2013-05-03 - Died on Calendar, companion bill(s) passed, see CS/HB 1071 (Ch. 2013-93), CS/CS/HB 1159 (Ch. 2013-153), SB 1520 (Ch. 2013-48) [S0966 Detail]
Download: Florida-2013-S0966-Senate_Floor_Amendment_101424.html
Bill Title: Health Care
Status: 2013-05-03 - Died on Calendar, companion bill(s) passed, see CS/HB 1071 (Ch. 2013-93), CS/CS/HB 1159 (Ch. 2013-153), SB 1520 (Ch. 2013-48) [S0966 Detail]
Download: Florida-2013-S0966-Senate_Floor_Amendment_101424.html
Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for CS for SB 966 Barcode 101424 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 04/29/2013 10:45 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Gibson moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 2815 - 3039 4 and insert: 5 (6) The agency shall provide to the Division of Hotels and 6 Restaurants of the Department of Business and Professional 7 Regulation, on a monthly basis, a list of those assisted living 8 facilities that have had their licenses denied, suspended, or 9 revoked or that are involved in an appellate proceeding pursuant 10 to s. 120.60 related to the denial, suspension, or revocation of 11 a license. 12 (7) Agency notification of a license suspension or 13 revocation, or denial of a license renewal, shall be posted and 14 visible to the public at the facility. 15 (8) If a facility is required to relocate some or all of 16 its residents due to agency action, that facility is exempt from 17 the 45 days’ notice requirement in s. 429.28(1)(k). This 18 provision does not exempt the facility from any deadlines for 19 corrective action set by the agency. 20 Section 61. Paragraphs (a) and (b) of subsection (2) of 21 section 429.178, Florida Statutes, are amended to read: 22 429.178 Special care for persons with Alzheimer’s disease 23 or other related disorders.— 24 (2)(a) An individual who is employed by a facility that 25 provides special care for residents with Alzheimer’s disease or 26 other related disorders, and who has regular contact with such 27 residents, must complete up to 4 hours of initial dementia 28 specific training developed or approved by the department. The 29 training mustshallbe completed within 3 months after beginning 30 employment and satisfyshall satisfythe core training 31 requirements of s. 429.52(3)(g)s.429.52(2)(g). 32 (b) A direct caregiver who is employed by a facility that 33 provides special care for residents with Alzheimer’s disease or 34 other related disorders, and who provides direct care to such 35 residents, must complete the required initial training and 4 36 additional hours of training developed or approved by the 37 department. The training mustshallbe completed within 9 months 38 after beginning employment and satisfyshall satisfythe core 39 training requirements of s. 429.52(3)(g)s.429.52(2)(g). 40 Section 62. Subsection (1) of section 429.26, Florida 41 Statutes, is amended to read: 42 429.26 Appropriateness of placements; examinations of 43 residents.— 44 (1) The owner or administrator of a facility is responsible 45 for determining the appropriateness of admission of an 46 individual to the facility and for determining the continued 47 appropriateness of residence of an individual in the facility. A 48 determination shall be based upon an assessment of the 49 strengths, needs, and preferences of the resident, the care and 50 services offered or arranged for by the facility in accordance 51 with facility policy, and any limitations in law or rule related 52 to admission criteria or continued residency for the type of 53 license held by the facility under this part. A resident who 54 requires assistance with portable oxygen, colostomy care, and 55 antiembolism stockings or hosiery, and who otherwise meets the 56 admission criteria, may be admitted to a standard licensed 57 assisted living facility as long as the facility has a licensed 58 nurse on staff or is under contract to perform the services. A 59 resident may not be moved from one facility to another without 60 consultation with and agreement from the resident or, if 61 applicable, the resident’s representative or designee or the 62 resident’s family, guardian, surrogate, or attorney in fact. In 63 the case of a resident who has been placed by the department or 64 the Department of Children and Family Services, the 65 administrator must notify the appropriate contact person in the 66 applicable department. 67 Section 63. Subsections (2) and (6) of section 429.28, 68 Florida Statutes, are amended to read: 69 429.28 Resident bill of rights.— 70 (2) The administrator of a facility shall ensure that a 71 written notice of the rights, obligations, and prohibitions set 72 forth in this part is posted in a prominent place in each 73 facility and read or explained to residents who cannot read. The 74Thisnotice mustshallinclude the name, address, and telephone 75 numbers of the local ombudsman council and central abuse hotline 76 and, ifwhenapplicable, Disability Rights Floridathe Advocacy77Center for Persons with Disabilities, Inc., and the Florida78local advocacy council, where complaints may be lodged. The 79 notice must state that a complaint made to the Office of State 80 Long-Term Care Ombudsman or a local long-term care ombudsman 81 council, the names and identities of the residents involved in 82 the complaint, and the identity of complainants are kept 83 confidential pursuant to s. 400.0077 and that retaliatory action 84 cannot be taken against a resident for presenting grievances or 85 for exercising any other resident right. The facility must 86 ensure a resident’s access to a telephone to call the local 87 ombudsman council, central abuse hotline, and Disability Rights 88 FloridaAdvocacy Center for Persons with Disabilities, Inc., and89the Florida local advocacy council. 90 (6) AAnyfacility thatwhichterminates the residency of 91 an individual who participated in activities specified in 92 subsection (5) mustshallshow good cause in a court of 93 competent jurisdiction. 94 95 ================= T I T L E A M E N D M E N T ================ 96 And the title is amended as follows: 97 Delete lines 250 - 278 98 and insert: 99 the license of an assisted living facility; exempting 100 a facility from the 45-day notice requirement if the 101 facility is required to relocate some or all of its 102 residents; amending s. 429.178, F.S.; conforming 103 cross-references; amending s. 429.26, F.S.; providing 104 that certain residents may be admitted to a standard 105 licensed assisted living facility under certain 106 circumstances; amending s. 429.28, F.S.; requiring 107 that residents of facilities be informed that the 108 identity of the resident and complainant in a 109 complaint made to the State Long-Term Care Ombudsman 110 Program is confidential and that retaliatory action 111 may not be taken against a resident for presenting 112 grievances or for exercising any other resident right; 113 amending s. 429.34, F.S.; requiring