Bill Text: FL H1171 | 2011 | Regular Session | Comm Sub
Bill Title: Long-Term Care Ombudsman Program
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1171 Detail]
Download: Florida-2011-H1171-Comm_Sub.html
CS/HB 1171 |
1 | |
2 | An act relating to the Long-Term Care Ombudsman Program; |
3 | amending ss. 400.0060 and 400.0067, F.S.; removing |
4 | references to onsite administrative assessments and |
5 | conforming cross-references to changes made by the act; |
6 | amending s. 400.0061, F.S.; revising legislative intent; |
7 | amending s. 400.0069, F.S.; providing additional duties of |
8 | the local long-term care ombudsman councils; amending s. |
9 | 400.0071, F.S.; revising rules relating to State Long-Term |
10 | Care Ombudsman Program complaint procedures; amending s. |
11 | 400.0074, F.S.; revising the current administrative |
12 | assessment process from a facility-focused inspection to a |
13 | resident-focused inspection; repealing s. 400.0089, F.S., |
14 | relating to data reports regarding complaints about and |
15 | conditions in long-term care facilities; amending s. |
16 | 400.19, F.S.; revising conditions under which the Agency |
17 | for Health Care Administration is required to conduct |
18 | unannounced onsite facility reviews; amending s. 400.235, |
19 | F.S.; eliminating the role of the State Long-Term Care |
20 | Ombudsman Council in evaluating a nursing facility for the |
21 | Gold Seal Program; providing an effective date. |
22 | |
23 | Be It Enacted by the Legislature of the State of Florida: |
24 | |
25 | Section 1. Subsections (2) through (10) of section |
26 | 400.0060, Florida Statutes, are renumbered as subsections (1) |
27 | through (9), respectively, and present subsection (1) of that |
28 | section is amended to read: |
29 | 400.0060 Definitions.-When used in this part, unless the |
30 | context clearly dictates otherwise, the term: |
31 | |
32 | |
33 | |
34 | |
35 | |
36 | Section 2. Subsection (2) of section 400.0061, Florida |
37 | Statutes, is amended to read: |
38 | 400.0061 Legislative findings and intent; long-term care |
39 | facilities.- |
40 | (2) It is the intent of the Legislature, therefore, to |
41 | utilize voluntary citizen ombudsman councils under the |
42 | leadership of the ombudsman, and through them to operate an |
43 | ombudsman program which shall, without interference by any |
44 | executive agency, undertake to discover, investigate, and |
45 | determine the presence of conditions or individuals which |
46 | constitute a threat to the rights, health, safety, or welfare of |
47 | the residents of long-term care facilities. To ensure that the |
48 | effectiveness and efficiency of such investigations are not |
49 | impeded by advance notice or delay, the Legislature intends that |
50 | the ombudsman and ombudsman councils and their designated |
51 | representatives not be required to obtain warrants in order to |
52 | enter into a long-term care facility to conduct the duties of |
53 | the Office of State Long-Term Care Ombudsman, the State Long- |
54 | Term Care Ombudsman Council, or a local long-term care ombudsman |
55 | council |
56 | |
57 | intent of the Legislature that the environment in long-term care |
58 | facilities be conducive to the dignity and independence of |
59 | residents and that investigations by ombudsman councils shall |
60 | further the enforcement of laws, rules, and regulations that |
61 | safeguard the health, safety, and welfare of residents. |
62 | Section 3. Paragraph (b) of subsection (2) of section |
63 | 400.0067, Florida Statutes, is amended to read: |
64 | 400.0067 State Long-Term Care Ombudsman Council; duties; |
65 | membership.- |
66 | (2) The State Long-Term Care Ombudsman Council shall: |
67 | (b) Serve as an appellate body in receiving from the local |
68 | councils complaints not resolved at the local level. Any |
69 | individual member or members of the state council may enter any |
70 | long-term care facility involved in an appeal |
71 | |
72 | Section 4. Subsection (3) of section 400.0069, Florida |
73 | Statutes, is amended, and paragraphs (h) and (i) are added to |
74 | subsection (2) of that section, to read: |
75 | 400.0069 Local long-term care ombudsman councils; duties; |
76 | membership.- |
77 | (2) The duties of the local councils are to: |
78 | (h) Ensure that residents have regular, timely access to |
79 | the ombudsman through visitations and that residents and |
80 | complainants receive timely responses to their complaints. |
81 | (i) Provide technical support for the development of |
82 | resident and family councils to protect the well-being and |
83 | rights of residents. |
84 | (3) In order to carry out the duties specified in |
85 | subsection (2), a member of a local council is authorized to |
86 | enter any long-term care facility without notice or first |
87 | obtaining a warrant |
88 | |
89 | Section 5. Section 400.0071, Florida Statutes, is amended |
90 | to read: |
91 | 400.0071 State Long-Term Care Ombudsman Program complaint |
92 | procedures.-The department shall adopt rules implementing state |
93 | and local complaint procedures. The rules must include |
94 | procedures for: |
95 | (1) Receiving complaints made by or on behalf of long-term |
96 | care facility residents |
97 | |
98 | (2) Conducting complaint investigations on behalf of long- |
99 | term care facility residents |
100 | |
101 | |
102 | |
103 | |
104 | Section 6. Section 400.0074, Florida Statutes, is amended |
105 | to read: |
106 | 400.0074 Local ombudsman council resident-focused |
107 | |
108 | (1) In addition to any specific investigation conducted |
109 | pursuant to a complaint, the local council shall conduct |
110 | resident-focused assessments of a |
111 | |
112 | facility, and adult family-care home within its jurisdiction. |
113 | This |
114 | the rights, health, safety, and welfare of the residents. Each |
115 | local council is encouraged to conduct a similar onsite |
116 | |
117 | facility within its jurisdiction. |
118 | (2) The development of a resident-focused assessment |
119 | process shall be completed by a workgroup composed of one |
120 | representative from each of the following entities: the State |
121 | Long-Term Care Ombudsman, the State Long-Term Care Ombudsman |
122 | Council, the local council, the Florida Health Care Association, |
123 | the Florida Association of Homes and Services for the Aging, the |
124 | Florida Assisted Living Association, and the Executive Office of |
125 | the Governor by October 1, 2011. |
126 | (3) |
127 | assessment conducted by a local council shall be subject to the |
128 | following conditions: |
129 | |
130 | |
131 | |
132 | |
133 | |
134 | |
135 | |
136 | |
137 | |
138 | |
139 | (a) |
140 | |
141 | the facility administrator and cite the specific statutory |
142 | authority for his or her assessment |
143 | (b) |
144 | interfere with the programs and activities of residents. |
145 | (c) |
146 | family residential unit within a long-term care facility during |
147 | an |
148 | resident or the representative of the resident. |
149 | (d) |
150 | manner that will impose no unreasonable burden on a long-term |
151 | care facility. |
152 | (4) |
153 | authorize a state or local council member to assist another |
154 | local council to perform the |
155 | described in this section. |
156 | (5) |
157 | accomplished by forcible entry. However, if the ombudsman or a |
158 | state or local council member is not allowed to enter a long- |
159 | term care facility, the administrator of the facility shall be |
160 | considered to have interfered with a representative of the |
161 | office, the state council, or the local council in the |
162 | performance of official duties as described in s. 400.0083(1) |
163 | and to have committed a violation of this part. The ombudsman |
164 | shall report the refusal by a facility to allow entry to the |
165 | agency, and the agency shall record the report and take it into |
166 | consideration when determining actions allowable under s. |
167 | 400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s. |
168 | 429.71. |
169 | Section 7. Section 400.0089, Florida Statutes, is |
170 | repealed. |
171 | Section 8. Subsection (4) of section 400.19, Florida |
172 | Statutes, is amended to read: |
173 | 400.19 Right of entry and inspection.- |
174 | (4) The agency shall conduct unannounced onsite facility |
175 | reviews |
176 | |
177 | |
178 | |
179 | |
180 | |
181 | inspection that conditions in a facility present a direct or |
182 | indirect threat to the health, safety, or security of residents. |
183 | However, the agency shall conduct unannounced onsite reviews |
184 | every 3 months of each facility while the facility has a |
185 | conditional license. Deficiencies related to physical plant do |
186 | not require followup reviews after the agency has determined |
187 | that correction of the deficiency has been accomplished and that |
188 | the correction is of the nature that continued compliance can be |
189 | reasonably expected. |
190 | Section 9. Paragraphs (f) and (g) of subsection (5) of |
191 | section 400.235, Florida Statutes, are amended to read: |
192 | 400.235 Nursing home quality and licensure status; Gold |
193 | Seal Program.- |
194 | (5) Facilities must meet the following additional criteria |
195 | for recognition as a Gold Seal Program facility: |
196 | |
197 | |
198 | |
199 | |
200 | (f) |
201 | meet training needs identified by internal or external quality |
202 | assurance efforts. |
203 | |
204 | A facility assigned a conditional licensure status may not |
205 | qualify for consideration for the Gold Seal Program until after |
206 | it has operated for 30 months with no class I or class II |
207 | deficiencies and has completed a regularly scheduled relicensure |
208 | survey. |
209 | Section 10. This act shall take effect July 1, 2011. |
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