Bill Text: FL S1212 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State Ombudsman Program
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Health Policy [S1212 Detail]
Download: Florida-2013-S1212-Introduced.html
Bill Title: State Ombudsman Program
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Health Policy [S1212 Detail]
Download: Florida-2013-S1212-Introduced.html
Florida Senate - 2013 SB 1212 By Senator Soto 14-00829-13 20131212__ 1 A bill to be entitled 2 An act relating to the state ombudsman program; 3 amending s. 400.0060, F.S.; revising and providing 4 definitions; amending s. 400.0061, F.S.; revising 5 legislative intent with respect to citizen ombudsmen; 6 deleting references to ombudsman councils and 7 transferring their responsibilities to representatives 8 of the Office of State Long-Term Care Ombudsman; 9 amending s. 400.0063, F.S.; revising duties of the 10 office; amending s. 400.0065, F.S.; reorganizing local 11 ombudsman councils; establishing districts; requiring 12 the state ombudsman to submit an annual report to the 13 Governor, the Legislature, and specified agencies and 14 entities; amending s. 400.0067, F.S.; providing duties 15 of the State Long-Term Care Ombudsman Advisory 16 Council; providing for membership, terms, and 17 meetings; amending s. 400.0069, F.S.; requiring the 18 state ombudsman to designate and direct program 19 districts; providing duties of representatives of the 20 office in the districts; authorizing a representative 21 of the office to enter a facility without notice and 22 without a warrant; providing for appointment and 23 qualifications of district ombudsmen; prohibiting 24 certain individuals from serving as ombudsmen; 25 amending s. 400.0070, F.S.; providing conditions under 26 which a representative of the office could be found to 27 have a conflict of interest; amending s. 400.0071, 28 F.S.; requiring the Department of Elderly Affairs to 29 consult with the state ombudsman before adopting rules 30 pertaining to complaint resolution; amending s. 31 400.0073, F.S.; providing procedures for investigation 32 of complaints; amending s. 400.0074, F.S.; revising 33 procedures for conducting onsite administrative 34 assessments; authorizing the department to adopt 35 rules; amending s. 400.0075, F.S.; revising complaint 36 notification and resolution procedures; amending s. 37 400.0078, F.S.; providing for a resident or 38 representative of a resident to receive additional 39 information regarding resident rights; amending s. 40 400.0079, F.S.; providing immunity from liability for 41 a representative of the office under certain 42 circumstances; amending s. 400.0081, F.S.; requiring 43 long-term care facilities to provide representatives 44 of the office with access to facilities, residents, 45 and records for certain purposes; amending s. 46 400.0083, F.S.; conforming provisions to changes made 47 by the act; amending s. 400.0087, F.S.; providing for 48 the office to coordinate ombudsman services with 49 Disability Rights Florida; amending s. 400.0089, F.S.; 50 conforming provisions to changes made by the act; 51 amending s. 400.0091, F.S.; revising training 52 requirements for representatives of the office and 53 ombudsmen; amending ss. 20.41, 400.021, 400.022, 54 400.0255, 400.1413, 400.162, 400.19, 400.191, 400.23, 55 400.235, 415.1034, 415.104, 415.1055, 415.106, 56 415.107, 429.02, 429.07, 429.19, 429.26, 429.28, 57 429.34, 429.35, 429.85, and 744.444, F.S.; conforming 58 provisions to changes made by the act; providing an 59 effective date. 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63 Section 1. Section 400.0060, Florida Statutes, is amended 64 to read: 65 400.0060 Definitions.—When used in this part, unless the 66 context clearly dictates otherwise, the term: 67 (1) “Administrative assessment” means a review of 68 conditions in a long-term care facility which impact the rights, 69 health, safety, and welfare of residents with the purpose of 70 noting needed improvement and making recommendations to enhance 71 the quality of life for residents. 72 (2) “Agency” means the Agency for Health Care 73 Administration. 74 (3) “Department” means the Department of Elderly Affairs. 75 (4) “District” means a geographical area designated by the 76 state ombudsman in which individuals certified as ombudsmen 77 carry out the duties of the state ombudsman program.“Local78council” means a local long-term care ombudsman council79designated by the ombudsman pursuant to s.400.0069. Local80councils are also known as district long-term care ombudsman81councils or district councils.82 (5) “Long-term care facility” means a nursing home 83 facility, assisted living facility, adult family-care home, 84 board and care facility, facility where continuing long-term 85 care is provided, or any other similar residential adult care 86 facility. 87 (6) “Office” means the Office of State Long-Term Care 88 Ombudsman created by s. 400.0063. 89 (7) “Ombudsman” means an individual who has been certified 90 by the state ombudsman as meeting the requirements of ss. 91 400.0069, 400.0070, and 400.0091the individual appointed by the92Secretary of Elderly Affairs to head the Office of State Long93Term Care Ombudsman. 94 (8) “Representative of the office” means the state 95 ombudsman, employees of the office, and individuals certified as 96 ombudsmen. 97 (9)(8)“Resident” means an individual 60 years of age or 98 older who resides in a long-term care facility. 99 (10)(9)“Secretary” means the Secretary of Elderly Affairs. 100 (11)(10)“State council” means the State Long-Term Care 101 Ombudsman Advisory Council created by s. 400.0067. 102 (12) “State ombudsman” means the individual appointed by 103 the Secretary of Elderly Affairs to head the Office of State 104 Long-Term Care Ombudsman. 105 (13) “State ombudsman program” means the program operating 106 under the direction of the office. 107 Section 2. Section 400.0061, Florida Statutes, is amended 108 to read: 109 400.0061 Legislative findings and intent; long-term care 110 facilities.— 111 (1) The Legislature finds that conditions in long-term care 112 facilities in this state are such that the rights, health, 113 safety, and welfare of residents are not fully ensured by rules 114 of the Department of Elderly Affairs or the Agency for Health 115 Care Administration or by the good faith of owners or operators 116 of long-term care facilities. Furthermore, there is a need for a 117 formal mechanism whereby a long-term care facility resident, a 118 representative of a long-term care facility resident, or any 119 other concerned citizen may make a complaint against the 120 facility or its employees,or against other persons who are in a 121 position to restrict, interfere with, or threaten the rights, 122 health, safety, or welfare of a long-term care facility 123 resident. The Legislature finds that concerned citizens are 124 often more effective advocates for the rights of others than 125 governmental agencies. The Legislature further finds that in 126 order to be eligible to receive an allotment of funds authorized 127 and appropriated under the federal Older Americans Act, the 128 state must establish and operate an Office of State Long-Term 129 Care Ombudsman, to be headed by the stateLong-Term Care130 ombudsman, and carry out a statelong-term careombudsman 131 program. 132 (2) It is the intent of the Legislature, therefore, to 133 utilize voluntary citizen ombudsmenombudsman councilsunder the 134 leadership of the state ombudsman,and, through them, to operate 135 a stateanombudsman program, which shall, without interference 136 by any executive agency, undertake to discover, investigate, and 137 determine the presence of conditions or individuals thatwhich138 constitute a threat to the rights, health, safety, or welfare of 139 the residents of long-term care facilities. To ensure that the 140 effectiveness and efficiency of such investigations are not 141 impeded by advance notice or delay, the Legislature intends that 142 representatives of the officethe ombudsman and ombudsman143councils and their designated representativesnot be required to 144 obtain warrants in order to enter into or conduct investigations 145 or onsite administrative assessments of long-term care 146 facilities. It is the further intent of the Legislature that the 147 environment in long-term care facilities be conducive to the 148 dignity and independence of residents and that investigations by 149 representatives of the officeombudsman councils shallfurther 150 the enforcement of laws, rules, and regulations that safeguard 151 the health, safety, and welfare of residents. 152 Section 3. Section 400.0063, Florida Statutes, is amended 153 to read: 154 400.0063 Establishment of Office of State Long-Term Care 155 Ombudsman; designation of ombudsman and legal advocate.— 156 (1) There is created an Office of State Long-Term Care 157 Ombudsman in the Department of Elderly Affairs. 158 (2)(a) The Office of State Long-Term Care Ombudsman shall 159 be headed by the stateLong-Term Careombudsman, who shall serve 160 on a full-time basis and shall personally, or through 161 representatives of the office, carry out the purposes and 162 functions of the state ombudsman programofficein accordance 163 with state and federal law. 164 (b) The state ombudsman shall be appointed by and shall 165 serve at the pleasure of the Secretary of Elderly Affairs. The 166 secretary shall appoint a person who has expertise and 167 experience in the fields of long-term care and advocacy to serve 168 as state ombudsman. 169 (3)(a) There is created in the office the position of legal 170 advocate, who shall be selected by and serve at the pleasure of 171 the state ombudsman and shall be a member in good standing of 172 The Florida Bar. 173 (b) The duties of the legal advocate shall include, but not 174 be limited to: 175 1. Assisting the state ombudsman in carrying out the duties 176 of the office with respect to the abuse, neglect, exploitation, 177 or violation of rights of residents of long-term care 178 facilities. 179 2. Assisting the state council and representatives of the 180 officelocal councilsin carrying out their responsibilities 181 under this part. 182 3. Pursuing administrative, legal, and other appropriate 183 remedies on behalf of residents. 184 4. Serving as legal counsel to the state council and 185 representatives of the officelocal councils, or individual186members thereof,against whom any suit or other legal action is 187 initiated in connection with the performance of the official 188 duties of the state ombudsman programcouncils or an individual189member. 190 Section 4. Section 400.0065, Florida Statutes, is amended 191 to read: 192 400.0065 Office of State Long-Term Care Ombudsman; duties 193 and responsibilities.— 194 (1) The purpose of the Office of State Long-Term Care 195 Ombudsman shall be to: 196 (a) Identify, investigate, and resolve complaints made by 197 or on behalf of residents of long-term care facilities relating 198 to actions or omissions by providers or representatives of 199 providers of long-term care services, other public or private 200 agencies, guardians, or representative payees that may adversely 201 affect the health, safety, welfare, or rights of the residents. 202 (b) Provide services that assist in protecting the health, 203 safety, welfare, and rights of residents. 204 (c) Inform residents, their representatives, and other 205 citizens about obtaining the services of the stateLong-Term206Careombudsman program and its representatives. 207 (d) Ensure that residents have regular and timely access to 208 the services provided through the office and that residents and 209 complainants receive timely responses from representatives of 210 the office to their complaints. 211 (e) Represent the interests of residents before 212 governmental agencies and seek administrative, legal, and other 213 remedies to protect the health, safety, welfare, and rights of 214 the residents. 215 (f) Administer the state counciland local councils. 216 (g) Analyze, comment on, and monitor the development and 217 implementation of federal, state, and local laws, rules, and 218 regulations, and other governmental policies and actions, that 219 pertain to the health, safety, welfare, and rights of the 220 residents, with respect to the adequacy of long-term care 221 facilities and services in the state, and recommend any changes 222 in such laws, rules, regulations, policies, and actions as the 223 office determines to be appropriate and necessary. 224 (h) Provide technical support for the development of 225 resident and family councils to protect the well-being and 226 rights of residents. 227 (2) The stateLong-Term Careombudsman shall have the duty 228 and authority to: 229 (a) Establish and coordinate districtslocal councils230 throughout the state. 231 (b) Perform the duties specified in state and federal law, 232 rules, and regulations. 233 (c) Within the limits of appropriated federal and state 234 funding, employ such personnel as are necessary to perform 235 adequately the functions of the office and provide or contract 236 for legal services to assist the state council and 237 representatives of the officelocal councilsin the performance 238 of their duties.Staff positions established for the purpose of239coordinating the activities of each local council and assisting240its members may be filled by the ombudsman after approval by the241secretary. Notwithstanding any other provision of this part,242upon certification by the ombudsman that the staff member hired243to fill any such position has completed the initial training244required under s.400.0091, such person shall be considered a245representative of the State Long-Term Care Ombudsman Program for246purposes of this part.247 (d) Contract for services necessary to carry out the 248 activities of the office. 249 (e) Apply for, receive, and accept grants, gifts, or other 250 payments, including, but not limited to, real property, personal 251 property, and services from a governmental entity or other 252 public or private entity or person, and make arrangements for 253 the use of such grants, gifts, or payments. 254 (f) Coordinate, to the greatest extent possible, state and 255 local ombudsman services with the protection and advocacy 256 systems for individuals with developmental disabilities and 257 mental illnesses and with legal assistance programs for the poor 258 through adoption of memoranda of understanding and other means. 259(g) Enter into a cooperative agreement with the Statewide260Advocacy Council for the purpose of coordinating and avoiding261duplication of advocacy services provided to residents.262 (g)(h)Enter into a cooperative agreement with the Medicaid 263 Fraud Division as prescribed under s. 731(e)(2)(B) of the Older 264 Americans Act. 265 (h)(i)Prepare an annual report describing the activities 266 carried out by the office, the state council, and the districts 267local councilsin the year for which the report is prepared. The 268 state ombudsman shall submit the report to the secretary, the 269 United States Assistant Secretary for Aging, the Governor, the 270 President of the Senate, the Speaker of the House of 271 Representatives, the Secretary of Children and Families, and the 272 Secretary of Health Care Administration at least 30 days before 273 the convening of the regular session of the Legislature.The274secretary shall in turn submit the report to the United States275Assistant Secretary for Aging, the Governor, the President of276the Senate, the Speaker of the House of Representatives, the277Secretary of Children and Family Services, and the Secretary of278Health Care Administration.The report shall, at a minimum: 279 1. Contain and analyze data collected concerning complaints 280 about and conditions in long-term care facilities and the 281 disposition of such complaints. 282 2. Evaluate the problems experienced by residents. 283 3. Analyze the successes of the state ombudsman program 284 during the preceding year, including an assessment of how 285 successfully the officeprogramhas carried out its 286 responsibilities under the Older Americans Act. 287 4. Provide recommendations for policy, regulatory, and 288 statutory changes designed to solve identified problems; resolve 289 residents’ complaints; improve residents’ lives and quality of 290 care; protect residents’ rights, health, safety, and welfare; 291 and remove any barriers to the optimal operation of the state 292Long-Term Careombudsman program. 293 5. Contain recommendations from the stateLong-Term Care294Ombudsmancouncil regarding program functions and activities and 295 recommendations for policy, regulatory, and statutory changes 296 designed to protect residents’ rights, health, safety, and 297 welfare. 298 6. Contain any relevant recommendations from 299 representatives of the officethe local councilsregarding 300 program functions and activities. 301 Section 5. Section 400.0067, Florida Statutes, is amended 302 to read: 303 400.0067 State Long-Term Care Ombudsman Advisory Council; 304 duties; membership.— 305 (1) There is created, within the Office of State Long-Term 306 Care Ombudsman, the State Long-Term Care Ombudsman Advisory 307 Council. 308 (2) The stateLong-Term Care Ombudsmancouncil shall: 309 (a) Serve as an advisory body to assist the state ombudsman 310 in developing strategies for recruitment, recognition, and 311 retention of ombudsmenreaching a consensus among local councils312on issues affecting residents and impacting the optimal313operation of the program. 314 (b) Assist the state ombudsman in developing long-range 315 strategies and goals for the state ombudsman program.Serve as316an appellate body in receiving from the local councils317complaints not resolved at the local level. Any individual318member or members of the state council may enter any long-term319care facility involved in an appeal, pursuant to the conditions320specified in s.400.0074(2).321 (c) Assist the state ombudsman by analyzing and commenting 322 on the development and implementation of laws, rules, and 323 regulations impacting the health, safety, welfare, and rights of 324 residentsto discover, investigate, and determine the existence325of abuse or neglect in any long-term care facility, and work326with the adult protective services program as required in ss.327415.101-415.113. 328(d) Assist the ombudsman in eliciting, receiving,329responding to, and resolving complaints made by or on behalf of330residents.331 (d)(e)SolicitElicit and coordinate state, local, and332voluntary organizationalassistance for the purpose of improving 333 the care received by residents as requested by the state 334 ombudsman. 335(f) Assist the ombudsman in preparing the annual report336described in s.400.0065.337 (3)(a) The stateLong-Term Care Ombudsmancouncil shall be 338 composed of: 339 1. A certified ombudsman from each region of the state and 340 two at-large certified ombudsmenone active local council member341elected by each local council plus three at-large members342appointed by the Governor. 343 2. Three long-term care facility administrators or 344 providers of long-term care services, each representing a 345 nursing home, an assisted living facility, and an adult family 346 care home. 347 3. One resident of a long-term care facility or a family 348 member of a resident of a long-term care facility. 349 4. One attorney in good standing with The Florida Bar who 350 has experience in elder law, guardianship, long-term care 351 facility regulation, or another relevant area. 352 5. One physician, physician’s assistant, advanced 353 registered nurse practitioner, or registered nurse who has 354 experience with geriatric patients. 355 6. One licensed pharmacist. 356 7. One registered dietician or nutritionist. 357 8. One clinical social worker licensed under chapter 491 358 with experience in providing mental health counseling or one 359 mental health counselor as defined in s. 394.455. 360 9. One executive director of an area agency on aging. 361 10. One at-large member. 362(a) Each local council shall elect by majority vote a363representative from among the council members to represent the364interests of the local council on the state council. A local365council chair may not serve as the representative of the local366council on the state council.367 (b)1. The state ombudsmansecretary, after consulting with368the ombudsman,shall submit to the secretaryGovernora list of 369 individualspersonsrecommended for appointment to theat-large370positions on thestate council.The list shall not include the371name of any person who is currently serving on a local council.372 2. The secretaryGovernorshall appointthree at-large373 members chosen from the list. 374 3. If the secretaryGovernordoes not appoint aan at-large375 member to fill a vacant position within 60 days after the list 376 is submitted, the state ombudsmansecretary, after consulting377with the ombudsman,shall appoint aan at-largemember to fill 378 that vacant position. 379 4. The state council may perform its duties even if one or 380 more positions are vacant. 381 (4)(a)(c)1.AllState council members shall serve 3-year 382 terms. 3832. A member of the state council may not serve more than384two consecutive terms.3853. A local council may recommend removal of its elected386representative from the state council by a majority vote. If the387council votes to remove its representative, the local council388chair shall immediately notify the ombudsman. The secretary389shall advise the Governor of the local council’s vote upon390receiving notice from the ombudsman.391 (b)4.The position of any member missing 50 percent or more 392 of thethreestate council meetings within a 1-year period 393 without cause may be declared vacant by the state ombudsman. The 394 findings of the state ombudsman regarding cause shall be final 395 and binding. 396 (c)5.Any vacancy on the state council shall be filled in 397 the same manner as the original appointment. 398(d)1. The state council shall elect a chair to serve for a399term of 1 year. A chair may not serve more than two consecutive400terms.4012. The chair shall select a vice chair from among the402members. The vice chair shall preside over the state council in403the absence of the chair.4043. The chair may create additional executive positions as405necessary to carry out the duties of the state council. Any406person appointed to an executive position shall serve at the407pleasure of the chair, and his or her term shall expire on the408same day as the term of the chair.4094. A chair may be immediately removed from office prior to410the expiration of his or her term by a vote of two-thirds of all411state council members present at any meeting at which a quorum412is present. If a chair is removed from office prior to the413expiration of his or her term, a replacement chair shall be414chosen during the same meeting in the same manner as described415in this paragraph, and the term of the replacement chair shall416begin immediately. The replacement chair shall serve for the417remainder of the term and is eligible to serve two subsequent418consecutive terms.419 (d)(e)1.The state council shall meet upon the call of the 420 statechair or upon the call of theombudsman. The council shall 421 meet at least twice yearlyquarterlybut may meet more 422 frequently as needed. 4232. A quorum shall be considered present if more than 50424percent of all active state council members are in attendance at425the same meeting.4263. The state council may not vote on or otherwise make any427decisions resulting in a recommendation that will directly428impact the state council or any local council, outside of a429publicly noticed meeting at which a quorum is present.430 (e)(f)Members shall receive no compensation but mayshall, 431 with approval from the state ombudsman, be reimbursed for per 432 diem and travel expenses as provided in s. 112.061. 433 Section 6. Section 400.0069, Florida Statutes, is amended 434 to read: 435 400.0069LocalLong-term care ombudsman districtscouncils; 436 duties; appointmentmembership.— 437 (1)(a) The state ombudsman shall designate districtslocal438long-term care ombudsman councilsto carry out the duties of the 439 stateLong-Term Careombudsman programwithin local communities. 440 Each districtlocal councilshall function under the direction 441 of the state ombudsman. 442 (b) The state ombudsman shall ensure that there are 443 representatives of the officeis at least one local council444 operating in each districtof the department’s planning and445service areas. The ombudsman may create additional local446councilsas necessary to ensure that residents throughout the 447 state have adequate access to stateLong-Term Careombudsman 448 program services.The ombudsman, after approval from the449secretary, shall designate the jurisdictional boundaries of each450local council.451 (2) The duties of the representatives of the office in the 452 districtslocal councilsare to: 453 (a) Provide services to assist inServe as a third-party454mechanism forprotecting the health, safety, welfare, andcivil455and humanrights of residents. 456 (b) Discover, investigate, and determine the existence of 457 abuse,orneglect, or exploitation usingin any long-term care458facility and to usethe procedures provided for in ss. 415.101 459 415.113 when applicable. 460 (c) IdentifyElicit, receive, investigate,respond to,and 461 resolve complaints made by or on behalf of residents relating to 462 actions or omissions by providers or representatives of 463 providers of long-term care services, other public or private 464 agencies, guardians, representative payees, or other individuals 465 that may adversely affect the health, safety, welfare, or rights 466 of residents. 467 (d) When directed by the state ombudsman, review and, if468necessary,comment on all existing or proposed rules, 469 regulations, and other governmental policies and actions 470 relating to long-term care facilities that may potentially have 471 an effect on the rights, health, safety, and welfare of 472 residents. 473 (e) Review personal property and money accounts of 474 residents who are receiving assistance under the Medicaid 475 program pursuant to an investigation to obtain information 476 regarding a specific complaintor problem. 477 (f) Recommend that the state ombudsman and the legal 478 advocate seek administrative, legal, and other remedies to 479 protect the health, safety, welfare, and rights ofthe480 residents. 481 (g) Provide technical assistance for the development of 482 resident and family councils within long-term care facilities. 483 (h)(g)Carry out other activities that the state ombudsman 484 determines to be appropriate. 485 (3) In order to carry out the duties specified in 486 subsection (2), a representative of the office maymember of a487local council is authorized toenter any long-term care facility 488 without notice or without first obtaining a warrant; however, 489subject to the provisions ofs. 400.0074(2) may apply regarding 490 notice of a followup administrative assessment. 491 (4) Each districtlocal councilshall be composed of 492 ombudsmenmemberswhose primary residences areresidence is493 located within the boundaries of the districtlocal council’s494jurisdiction. 495 (a) Upon good cause shown, the state ombudsman, in his or 496 her sole discretion, may appoint an ombudsman to another 497 district.The ombudsman shall strive to ensure that each local498council include the following persons as members:4991. At least one medical or osteopathic physician whose500practice includes or has included a substantial number of501geriatric patients and who may practice in a long-term care502facility;5032. At least one registered nurse who has geriatric504experience;5053. At least one licensed pharmacist;5064. At least one registered dietitian;5075. At least six nursing home residents or representative508consumer advocates for nursing home residents;5096. At least three residents of assisted living facilities510or adult family-care homes or three representative consumer511advocates for alternative long-term care facility residents;5127. At least one attorney; and5138. At least one professional social worker.514 (b) The following individuals may not be appointed as 515 ombudsmen: 516 1. The owner or representative of a long-term care 517 facility. 518 2. A provider or representative of a provider of long-term 519 care services. 520 3. An employee of the agency. 521 4. An employee of the department, except for 522 representatives of the office. 523 5. An employee of the Department of Children and Families. 524 6. An employee of the Agency for Persons with Disabilities. 525In no case shall the medical director of a long-term care526facility or an employee of the agency, the department, the527Department of Children and Family Services, or the Agency for528Persons with Disabilities serve as a member or as an ex officio529member of a council.530 (5)(a) To be appointed as an ombudsman, an individual must: 531 1.Individuals wishing to join a local council shallSubmit 532 an application to the state ombudsman or designee. 533 2. Successfully complete level 2 background screening 534 pursuant to s. 430.0402 and chapter 435.The ombudsman shall535review the individual’s application and advise the secretary of536his or her recommendation for approval or disapproval of the537candidate’s membership on the local council. If the secretary538approves of the individual’s membership, the individual shall be539appointed as a member of the local council.540 (b) The state ombudsman shall approve or deny the 541 appointment of the individual as an ombudsman.The secretary may542rescind the ombudsman’s approval of a member on a local council543at any time. If the secretary rescinds the approval of a member544on a local council, the ombudsman shall ensure that the545individual is immediately removed from the local council on546which he or she serves and the individual may no longer547represent the State Long-Term Care Ombudsman Program until the548secretary provides his or her approval.549 (c) Upon appointment as an ombudsman, the individual may 550 participate in district activities but may not represent the 551 office or conduct any authorized program duties until the 552 individual has completed the initial training specified in s. 553 400.0091(1) and has been certified by the state ombudsman. 554 (d) The state ombudsman, for good cause shown, may rescind 555 the appointment of an individual as an ombudsman. After 556 rescinding the appointment, the individual may not conduct any 557 duties as an ombudsman and may not represent the office or the 558 state ombudsman program.A local council may recommend the559removal of one or more of its members by submitting to the560ombudsman a resolution adopted by a two-thirds vote of the561members of the council stating the name of the member or members562recommended for removal and the reasons for the recommendation.563If such a recommendation is adopted by a local council, the564local council chair or district coordinator shall immediately565report the council’s recommendation to the ombudsman. The566ombudsman shall review the recommendation of the local council567and advise the secretary of his or her recommendation regarding568removal of the council member or members.569(6)(a) Each local council shall elect a chair for a term of5701 year. There shall be no limitation on the number of terms that571an approved member of a local council may serve as chair.572(b) The chair shall select a vice chair from among the573members of the council. The vice chair shall preside over the574council in the absence of the chair.575(c) The chair may create additional executive positions as576necessary to carry out the duties of the local council. Any577person appointed to an executive position shall serve at the578pleasure of the chair, and his or her term shall expire on the579same day as the term of the chair.580(d) A chair may be immediately removed from office prior to581the expiration of his or her term by a vote of two-thirds of the582members of the local council. If any chair is removed from583office prior to the expiration of his or her term, a replacement584chair shall be elected during the same meeting, and the term of585the replacement chair shall begin immediately. The replacement586chair shall serve for the remainder of the term of the person he587or she replaced.588(7) Each local council shall meet upon the call of its589chair or upon the call of the ombudsman. Each local council590shall meet at least once a month but may meet more frequently if591necessary.592 (6)(8)An ombudsmanA member of a local councilshall 593 receive no compensation but mayshall, with approval from the 594 state ombudsman, be reimbursed for travel expensesboth within595and outside the jurisdiction of the local councilin accordance 596 withthe provisions ofs. 112.061. 597 (7)(9)The representatives of the officelocal councilsare 598 authorized to call upon appropriate state agenciesof state599governmentforsuchprofessional assistance asmay beneeded in 600 the discharge of their duties, and such. Allstate agencies 601 shall cooperatewith the local councilsin providing requested 602 information and agency representationat council meetings. 603 Section 7. Section 400.0070, Florida Statutes, is amended 604 to read: 605 400.0070 Conflicts of interest.— 606 (1) A representative of the officeThe ombudsmanshall not: 607 (a) Have a direct involvement in the licensing or 608 certification of, or an ownership or investment interest in, a 609 long-term care facility or a provider of a long-term care 610 service. 611 (b) Be employed by, or participate in the management of, a 612 long-term care facility. 613 (c) Receive, or have a right to receive, directly or 614 indirectly, remuneration, in cash or in kind, under a 615 compensation agreement with the owner or operator of a long-term 616 care facility. 617 (2) Each representativeemployeeof the office, each state618council member, and each local council membershall certify that 619 he or she has no conflict of interest. 620 (3) The department, in consultation with the state 621 ombudsman, shall define by rule: 622 (a) Situations that constitute an individual’sa person623 having a conflict of interest that could materially affect the 624 objectivity or capacity of the individuala personto serve as a 625 representativeon an ombudsman council, or as an employeeof the 626 office, while carrying out the purposes of the State Long-Term627Care Ombudsman Program as specified in this part. 628 (b) The procedure by which an individuala personlisted in 629 subsection (2) shall certify that he or she has no conflict of 630 interest. 631 Section 8. Section 400.0071, Florida Statutes, is amended 632 to read: 633 400.0071 StateLong-Term Careombudsman program complaint 634 procedures.—The department, in consultation with the state 635 ombudsman, shall adopt rules implementing state and local 636 complaint procedures. The rules must include procedures for 637 receiving, investigating, and resolving complaints concerning 638 the health, safety, welfare, and rights of residents:639(1) Receiving complaints against a long-term care facility640or an employee of a long-term care facility.641(2) Conducting investigations of a long-term care facility642or an employee of a long-term care facility subsequent to643receiving a complaint.644(3) Conducting onsite administrative assessments of long645term care facilities. 646 Section 9. Section 400.0073, Florida Statutes, is amended 647 to read: 648 400.0073 ComplaintState and local ombudsman council649 investigations.— 650 (1) A representative of the officelocal councilshall 651 identify and investigate, within a reasonable time after a652complaint is made,any complaint made by or on behalf of a 653 resident that, a representative of a resident, or any other654credible source based on an action or omission by an655administrator, an employee, or a representative of a long-term656care facility whichmight be: 657 (a) Contrary to law; 658 (b) Unreasonable, unfair, oppressive, or unnecessarily 659 discriminatory, even though in accordance with law; 660 (c) Based on a mistake of fact; 661 (d) Based on improper or irrelevant grounds; 662 (e) Unaccompanied by an adequate statement of reasons; 663 (f) Performed in an inefficient manner; or 664 (g) Otherwise adversely affecting the health, safety, 665 welfare, or rights of a resident. 666(2) In an investigation, both the state and local councils667have the authority to hold public hearings.668(3) Subsequent to an appeal from a local council, the state669council may investigate any complaint received by the local670council involving a long-term care facility or a resident.671 (2)(4)If a representative of the officethe ombudsman or672any state or local council memberis not allowed to enter a 673 long-term care facility, the administrator of the facility shall 674 be considered to have interfered with a representative of the 675 office, the state council, or the local councilin the 676 performance of official duties as described in s. 400.0083(1) 677 and to have committed a violation of this part. The 678 representative of the officeombudsmanshall report a facility’s 679 refusal to allow entry to the facility to the state ombudsman or 680 designee, who shall then report the incident to the agency, and 681 the agency shall record the report and take it into 682 consideration when determining actions allowable under s. 683 400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s. 684 429.71. 685 Section 10. Section 400.0074, Florida Statutes, is amended 686 to read: 687 400.0074Local ombudsman councilOnsite administrative 688 assessments.— 689 (1) Representatives of the office mustIn addition to any690specific investigation conducted pursuant to a complaint, the691local council shallconduct, at least annually, an onsite 692 administrative assessment of each nursing home, assisted living 693 facility, and adult family-care homewithin its jurisdiction. 694 This administrative assessment must be resident-centered and 695 mustshallfocus on factors affecting the rights, health, 696 safety, and welfare of the residents.Each local council is697encouraged to conduct a similar onsite administrative assessment698of each additional long-term care facility within its699jurisdiction.700 (2) An onsite administrative assessment isconducted by a701local council shall besubject to the following conditions: 702 (a) To the extent possible and reasonable, the 703 administrative assessmentassessmentsshall not duplicate the 704 efforts ofthe agencysurveys and inspections conducted by state 705 agencies in long-term care facilitiesunder part II of this706chapter and parts I and II of chapter 429. 707 (b) An administrative assessment shall be conducted at a 708 time and for a duration necessary to produce the information 709 required to complete the assessmentcarry out the duties of the710local council. 711 (c) Advance notice of an administrative assessment may not 712 be provided to a long-term care facility, except that notice of 713 followup assessments on specific problems may be provided. 714 (d) A representative of the officelocal council member715physicallypresent for the administrative assessment mustshall716 identify himself or herself to the administrator or designeeand717cite the specific statutory authority for his or her assessment718 of the facility. 719 (e) An administrative assessment may not unreasonably 720 interfere with the programs and activities of residents. 721 (f) A representative of the officelocal council membermay 722 not enter a single-family residential unit within a long-term 723 care facility during an administrative assessment without the 724 permission of the resident or the representative of the 725 resident. 726 (g) An administrative assessment must be conducted in a 727 manner that will impose no unreasonable burden on a long-term 728 care facility. 729(3) Regardless of jurisdiction, the ombudsman may authorize730a state or local council member to assist another local council731to perform the administrative assessments described in this732section.733 (3)(4)An onsite administrative assessment may not be 734 accomplished by forcible entry. However, if a representative of 735 the officeombudsman or a state or local council memberis not 736 allowed to enter a long-term care facility, the administrator of 737 the facility shall be considered to have interfered with a 738 representative of the office, the state council, or the local739councilin the performance of official duties as described in s. 740 400.0083(1) and to have committed a violation of this part. The 741 representative of the officeombudsmanshall report the refusal 742 by a facility to allow entry to the state ombudsman or designee, 743 who shall then report the incident to the agency, and the agency 744 shall record the report and take it into consideration when 745 determining actions allowable under s. 400.102, s. 400.121, s. 746 429.14, s. 429.19, s. 429.69, or s. 429.71. 747 (4) The department, in consultation with the state 748 ombudsman, may adopt rules implementing procedures for 749 conducting onsite administrative assessments of long-term care 750 facilities. 751 Section 11. Section 400.0075, Florida Statutes, is amended 752 to read: 753 400.0075 Complaint notification and resolution procedures.— 754 (1)(a) Any complaintor problemverified by a 755 representative of the officean ombudsman councilas a result of 756 an investigation mayor onsite administrative assessment, which757complaint or problem is determined to require remedial action by758the local council, shallbe identified and brought to the 759 attention of the long-term care facility administrator subject 760 to the confidentiality provisions of s. 400.0077in writing. 761 Upon receipt of the informationsuch document, the 762 administrator, with the concurrence of the representative of the 763 officelocal council chair, shall establish target dates for 764 taking appropriate remedial action. If, by the target date, the 765 remedial action is not completed or forthcoming, the complaint 766 shall be referred to the district managerlocal council chair767may, after obtaining approval from the ombudsman and a majority768of the members of the local council:7691. Extend the target date if the chair has reason to770believe such action would facilitate the resolution of the771complaint.7722. In accordance with s.400.0077, publicize the complaint,773the recommendations of the council, and the response of the774long-term care facility.7753. Refer the complaint to the state council. 776 (b) If an ombudsman determinesthe local council chair777believesthat the health, safety, welfare, or rights of athe778 resident are in imminent danger, the ombudsman must immediately 779 notify the district manager. The district managerchair shall780notify the ombudsman or legal advocate, who, after verifying 781 that such imminent danger exists, must notify the appropriate 782 state agencies, including law enforcement, the state ombudsman, 783 and legal advocate to ensure the protection ofshall seek784immediate legal or administrative remedies to protectthe 785 resident. 786 (c) If the state ombudsman or legal advocate has reason to 787 believe that the long-term care facility or an employee of the 788 facility has committed a criminal act, the state ombudsman or 789 legal advocate shall provide the local law enforcement agency 790 with the relevant information to initiate an investigation of 791 the case. 792 (2)(a)Upon referral from a districtlocal council, the 793 state ombudsman or designeecouncilshall assume the 794 responsibility for the disposition of the complaint. If a long 795 term care facility fails to take action to resolve or remedy the 796on acomplaintby the state council, the state ombudsmancouncil797 may, after obtaining approval from the ombudsman and a majority798of the state council members: 799 (a)1.In accordance with s. 400.0077, publicize the 800 complaint, the recommendations of the representatives of the 801 officelocal or state council, and the response of the long-term 802 care facility. 803 (b)2.Recommend to the department and the agency a series 804 of facility reviews pursuant to s. 400.19, s. 429.34, or s. 805 429.67 to ensure correction and nonrecurrence of the conditions 806 that gavegiverise to the complaintcomplaintsagainst thea807 long-term care facility. 808 (c)3.Recommend to the department and the agency that the 809 long-term care facility no longer receive payments under any 810 state assistance program, including Medicaid. 811 (d)4.Recommend to the department and the agency that 812 procedures be initiated for action againstrevocation ofthe 813 long-term care facility’s license in accordance with chapter 814 120. 815(b) If the state council chair believes that the health,816safety, welfare, or rights of the resident are in imminent817danger, the chair shall notify the ombudsman or legal advocate,818who, after verifying that such imminent danger exists, shall819seek immediate legal or administrative remedies to protect the820resident.821(c) If the ombudsman has reason to believe that the long822term care facility or an employee of the facility has committed823a criminal act, the ombudsman shall provide local law824enforcement with the relevant information to initiate an825investigation of the case.826 Section 12. Section 400.0078, Florida Statutes, is amended 827 to read: 828 400.0078 Citizen access to stateLong-Term Careombudsman 829 program services.— 830 (1) The office shall establish a statewide toll-free 831 telephone number and e-mail address for receiving complaints 832 concerning matters adversely affecting the health, safety, 833 welfare, or rights of residents. 834 (2)Every resident or representative of a resident shall835receive,Upon admission to a long-term care facility, each 836 resident or representative of a resident must receive 837 information regarding: 838 (a) The purpose of the stateLong-Term Careombudsman 839 program.,840 (b) The statewide toll-free telephone number and e-mail 841 address for receiving complaints., and842 (c) Information that retaliatory action cannot be taken 843 against a resident for presenting grievances or for exercising 844 any other resident rights. 845 (d) Other relevant information regarding how to contact 846 representatives of the officeprogram. 847 848 Residents or their representatives must be furnished additional 849 copies of this information upon request. 850 Section 13. Section 400.0079, Florida Statutes, is amended 851 to read: 852 400.0079 Immunity.— 853 (1) Any person making a complaint pursuant to this part who 854 does so in good faith shall be immune from any liability, civil 855 or criminal, that otherwise might be incurred or imposed as a 856 direct or indirect result of making the complaint. 857 (2) Representatives of the office andThe ombudsman or any858person authorized by the ombudsman to act on behalf of the859office, as well as allmembers of the state counciland local860councils,shall be immune from any liability, civil or criminal, 861 that otherwise might be incurred or imposed during the good 862 faith performance of official duties. 863 Section 14. Section 400.0081, Florida Statutes, is amended 864 to read: 865 400.0081 Access to facilities, residents, and records.— 866 (1) A long-term care facility shall provide representatives 867 of the office, the state council and its members, and the local868councils and their membersaccess to: 869 (a) Any portion of the long-term care facility and any 870 residentas necessary to investigate or resolve a complaint. 871 (b) Medical and social records of a resident for reviewas872necessary to investigate or resolve a complaint, if: 873 1. The representative of the office has the permission of 874 the resident or the legal representative of the resident; or 875 2. The resident is unable to consent to the review and has 876 no legal representative. 877 (c) Medical and social records of the residentas necessary878to investigate or resolve a complaint, if: 879 1. A legal representative or guardian of the resident 880 refuses to give permission; 881 2. A representative of the office has reasonable cause to 882 believe that the legal representative or guardian is not acting 883 in the best interests of the resident; and 884 3. The representative of the officestate or local council885memberobtains the approval of the state ombudsman. 886 (d) The administrative records, policies, and documents to 887 which residents or the general public have access. 888 (e) Upon request, copies of all licensing and certification 889 records maintained by the state with respect to a long-term care 890 facility. 891 (2) The department, in consultation with the state 892 ombudsmanand the state council, may adopt rules to establish 893 procedures to ensure access to facilities, residents, and 894 records as described in this section. 895 Section 15. Section 400.0083, Florida Statutes, is amended 896 to read: 897 400.0083 Interference; retaliation; penalties.— 898 (1) It shall be unlawful for any person, long-term care 899 facility, or other entity to willfully interfere with a 900 representative of the office or,the state council, or a local901councilin the performance of official duties. 902 (2) It shall be unlawful for any person, long-term care 903 facility, or other entity to knowingly or willfully take action 904 or retaliate against any resident, employee, or other person for 905 filing a complaint with, providing information to, or otherwise 906 cooperating with any representative of the office or,the state 907 council, or a local council. 908 (3) Any person, long-term care facility, or other entity 909 that violates this section: 910 (a) Shall be liable for damages and equitable relief as 911 determined by law. 912 (b) Commits a misdemeanor of the second degree, punishable 913 as provided in s. 775.083. 914 Section 16. Section 400.0087, Florida Statutes, is amended 915 to read: 916 400.0087 Department oversight; funding.— 917 (1) The department shall meet the costs associated with the 918 stateLong-Term Careombudsman program from funds appropriated 919 to it. 920 (a) The department shall include the costs associated with 921 support of the stateLong-Term Careombudsman program when 922 developing its budget requests for consideration by the Governor 923 and submittal to the Legislature. 924 (b) The department may divert from the federal ombudsman 925 appropriation an amount equal to the department’s administrative 926 cost ratio to cover the costs associated with administering the 927 state ombudsman program. The remaining allotment from the Older 928 Americans Act program shall be expended on direct ombudsman 929 activities. 930 (2) The department shall monitor the office and,the state 931 council, and the local councilsto ensure that each is carrying 932 out the duties delegated to it by state and federal law. 933 (3) The department is responsible for ensuring that the 934 office: 935 (a) Has the objectivity and independence required to 936 qualify it for funding under the federal Older Americans Act. 937 (b) Provides information to public and private agencies, 938 legislators, and others. 939 (c) Provides appropriate training to representatives of the 940 officeor of the state or local councils. 941 (d) Coordinates ombudsman services with Disability Rights 942 Floridathe Advocacy Center for Persons with Disabilitiesand 943 with providers of legal services to residentsof long-term care944facilitiesin compliance with state and federal laws. 945 (4) The department shall also: 946 (a) Receive and disburse state and federal funds for 947 purposes that the state ombudsman has formulated in accordance 948 with the Older Americans Act. 949 (b) Whenever necessary, act as liaison between agencies and 950 branches of the federal and state governments and the office 951State Long-Term Care Ombudsman Program. 952 Section 17. Section 400.0089, Florida Statutes, is amended 953 to read: 954 400.0089 Complaint data reports.—The office shall maintain 955 a statewide uniform reporting system to collect and analyze data 956 relating to complaints and conditions in long-term care 957 facilities and to residents for the purpose of identifying and 958 resolving significant complaintsproblems. The office shall 959 publish quarterly and make readily available information 960 pertaining to the number and types of complaints received by the 961 stateLong-Term Careombudsman program and shall include such 962 information in the annual report required under s. 400.0065. 963 Section 18. Section 400.0091, Florida Statutes, is amended 964 to read: 965 400.0091 Training.—The state ombudsman shall ensure that 966 appropriate training is provided to all representatives 967employeesof the officeand to the members of the state and968local councils. 969 (1) All representativesstate and local council members and970employeesof the office shall be given a minimum of 20 hours of 971 training upon employment with the office or appointment as an 972 ombudsman. Tenapproval as a state or local council member and97310hours of continuing education is required annually 974 thereafter. 975 (2) The state ombudsman shall approve the curriculum for 976 the initial and continuing education training, which must, at a 977 minimum, address: 978 (a) Resident confidentiality. 979 (b) Guardianships and powers of attorney. 980 (c) Medication administration. 981 (d) Care and medication of residents with dementia and 982 Alzheimer’s disease. 983 (e) Accounting for residents’ funds. 984 (f) Discharge rights and responsibilities. 985 (g) Cultural sensitivity. 986 (h) Any other topic related to residency within a long-term 987 care facilityrecommended by the secretary. 988 (3) An individualNo employee, officer, or representative989of the office or of the state or local councils, other than the 990 state ombudsman, may not hold himself or herself out as a 991 representative of the officeState Long-Term Care Ombudsman992Programor conduct any authorized program duty described in this 993 part unless the individualpersonhas received the training 994 required by this section and has been certified by the state 995 ombudsman as qualified to carry out ombudsman activities on 996 behalf of the officeor the state or local councils. 997 Section 19. Subsection (4) of section 20.41, Florida 998 Statutes, is amended to read: 999 20.41 Department of Elderly Affairs.—There is created a 1000 Department of Elderly Affairs. 1001 (4) The department shall administer the Office of State 1002 Long-Term Care OmbudsmanCouncil,created by s. 400.0063 1003400.0067, and the local long-term care ombudsman councils,1004created by s.400.0069and shall, as required by s. 712 of the 1005 federal Older Americans Act of 1965, ensure thatboththe state 1006 office operatesand local long-term care ombudsman councils1007operatein compliance with the Older Americans Act. 1008 Section 20. Subsections (11) through (19) of section 1009 400.021, Florida Statutes, are renumbered as subsections (10) 1010 through (18), respectively, and present subsections (10) and 1011 (18) are amended to read: 1012 400.021 Definitions.—When used in this part, unless the 1013 context otherwise requires, the term: 1014(10) “Local ombudsman council” means a local long-term care1015ombudsman council established pursuant to s.400.0069, located1016within the Older Americans Act planning and service areas.1017 (17)(18)“State ombudsman programcouncil” means the Office 1018 of State Long-Term Care OmbudsmanCouncilestablished pursuant 1019 to s. 400.0063400.0067. 1020 Section 21. Paragraph (c) of subsection (1) and subsections 1021 (2) and (3) of section 400.022, Florida Statutes, are amended to 1022 read: 1023 400.022 Residents’ rights.— 1024 (1) All licensees of nursing home facilities shall adopt 1025 and make public a statement of the rights and responsibilities 1026 of the residents of such facilities and shall treat such 1027 residents in accordance with the provisions of that statement. 1028 The statement shall assure each resident the following: 1029 (c) Any entity or individual that provides health, social, 1030 legal, or other services to a resident has the right to have 1031 reasonable access to the resident. The resident has the right to 1032 deny or withdraw consent to access at any time by any entity or 1033 individual. Notwithstanding the visiting policy of the facility, 1034 the following individuals must be permitted immediate access to 1035 the resident: 1036 1. Any representative of the federal or state government, 1037 including, but not limited to, representatives of the Department 1038 of Children and FamiliesFamilyServices, the Department of 1039 Health, the Agency for Health Care Administration, the Office of 1040 the Attorney General, and the Department of Elderly Affairs; any 1041 law enforcement officer; representativesmembersof the stateor1042localombudsman programcouncil; and the resident’s individual 1043 physician. 1044 2. Subject to the resident’s right to deny or withdraw 1045 consent, immediate family or other relatives of the resident. 1046 1047 The facility must allow representatives of the stateLong-Term1048Careombudsman programCouncilto examine a resident’s clinical 1049 records with the permission of the resident or the resident’s 1050 legal representative and consistent with state law. 1051 (2) The licensee for each nursing home shall orally inform 1052 the resident of the resident’s rights and provide a copy of the 1053 statement required by subsection (1) to each resident or the 1054 resident’s legal representative at or before the resident’s 1055 admission to a facility. The licensee shall provide a copy of 1056 the resident’s rights to each staff member of the facility. Each 1057 such licensee shall prepare a written plan and provide 1058 appropriate staff training to implementthe provisions ofthis 1059 section. The written statement of rights must include a 1060 statement that a resident may file a complaint with the agency 1061 or statelocalombudsman programcouncil. The statement must be 1062 in boldfaced type and shall include thename, address, and1063 telephone number and e-mail address of the statenumbers of the1064localombudsman programcounciland the telephone number of the 1065 central abuse hotline where complaints may be lodged. 1066 (3) Any violation of the resident’s rights set forth in 1067 this section shall constitute grounds for action by the agency 1068 underthe provisions ofs. 400.102, s. 400.121, or part II of 1069 chapter 408. In order to determine whether the licensee is 1070 adequately protecting residents’ rights, the licensure 1071 inspection of the facility shall include private informal 1072 conversations with a sample of residents to discuss residents’ 1073 experiences within the facility with respect to rights specified 1074 in this section and general compliance with standards,and 1075 consultation with the state ombudsman programcouncil in the1076local planning and service area of the Department of Elderly1077Affairs in which the nursing home is located. 1078 Section 22. Subsections (8) and (9) and (11) through (14) 1079 of section 400.0255, Florida Statutes, are amended to read: 1080 400.0255 Resident transfer or discharge; requirements and 1081 procedures; hearings.— 1082 (8) The notice required by subsection (7) must be in 1083 writing and must contain all information required by state and 1084 federal law, rules, or regulations applicable to Medicaid or 1085 Medicare cases. The agency shall develop a standard document to 1086 be used by all facilities licensed under this part for purposes 1087 of notifying residents of a discharge or transfer. Such document 1088 must include a means for a resident to request the statelocal1089long-term careombudsman programcouncilto review the notice 1090 and request information about or assistance with initiating a 1091 fair hearing with the department’s Office of Appeals Hearings. 1092 In addition to any other pertinent information included, the 1093 form shall specify the reason allowed under federal or state law 1094 that the resident is being discharged or transferred, with an 1095 explanation to support this action. Further, the form shall 1096 state the effective date of the discharge or transfer and the 1097 location to which the resident is being discharged or 1098 transferred. The form shall clearly describe the resident’s 1099 appeal rights and the procedures for filing an appeal, including 1100 the right to request the statelocalombudsman programcouncil1101 to review the notice of discharge or transfer. A copy of the 1102 notice must be placed in the resident’s clinical record, and a 1103 copy must be transmitted to the resident’s legal guardian or 1104 representative and to the statelocalombudsman programcouncil1105 within 5 business days after signature by the resident or 1106 resident designee. 1107 (9) A resident may request that the statelocalombudsman 1108 programcouncilreview any notice of discharge or transfer given 1109 to the resident. When requested by a resident to review a notice 1110 of discharge or transfer, the statelocalombudsman program 1111councilshall do so within 7 days after receipt of the request. 1112 The nursing home administrator, or the administrator’s designee, 1113 must forward the request for review contained in the notice to 1114 the statelocalombudsman programcouncilwithin 24 hours after 1115 such request is submitted. Failure to forward the request within 1116 24 hours after the request is submitted shall toll the running 1117 of the 30-day advance notice period until the request has been 1118 forwarded. 1119 (11) Notwithstanding paragraph (10)(b), an emergency 1120 discharge or transfer may be implemented as necessary pursuant 1121 to state or federal law during the period of time after the 1122 notice is given and before the time a hearing decision is 1123 rendered. Notice of an emergency discharge or transfer to the 1124 resident, the resident’s legal guardian or representative, and 1125 the statelocalombudsman programcouncilif requested pursuant 1126 to subsection (9) must be by telephone or in person. This notice 1127 shall be given before the transfer, if possible, or as soon 1128 thereafter as practicable. A representative of the statelocal1129 ombudsman programcouncilconducting a review under this 1130 subsection shall do so within 24 hours after receipt of the 1131 request. The resident’s file must be documented to show who was 1132 contacted, whether the contact was by telephone or in person, 1133 and the date and time of the contact. If the notice is not given 1134 in writing, written notice meeting the requirements of 1135 subsection (8) must be given the next working day. 1136 (12) After receipt of any notice required under this 1137 section, the statelocalombudsman programcouncilmay request a 1138 private informal conversation with a resident to whom the notice 1139 is directed, and, if known, a family member or the resident’s 1140 legal guardian or designee, to ensure that the facility is 1141 proceeding with the discharge or transfer in accordance withthe1142requirements ofthis section. If requested, the statelocal1143 ombudsman programcouncilshall assist the resident with filing 1144 an appeal of the proposed discharge or transfer. 1145 (13) The following persons must be present at all hearings 1146 authorized under this section: 1147 (a) The resident, or the resident’s legal representative or 1148 designee. 1149 (b) The facility administrator, or the facility’s legal 1150 representative or designee. 1151 1152 A representative of the statelocal long-term careombudsman 1153 programcouncilmay be present at all hearings authorized by 1154 this section. 1155 (14) In any hearing under this section, the following 1156 information concerning the parties shall be confidential and 1157 exempt fromthe provisions ofs. 119.07(1): 1158 (a) Names and addresses. 1159 (b) Medical services provided. 1160 (c) Social and economic conditions or circumstances. 1161 (d) Evaluation of personal information. 1162 (e) Medical data, including diagnosis and past history of 1163 disease or disability. 1164 (f) Any information received verifying income eligibility 1165 and amount of medical assistance payments. Income information 1166 received from the Social Security Administration or the Internal 1167 Revenue Service must be safeguarded according to the 1168 requirements of the agency that furnished the data. 1169 1170 The exemption created by this subsection does not prohibit 1171 access to such information by the state ombudsman programa1172local long-term care ombudsman councilupon request, by a 1173 reviewing court if such information is required to be part of 1174 the record upon subsequent review, or as specified in s. 24(a), 1175 Art. I of the State Constitution. 1176 Section 23. Subsection (2) of section 400.1413, Florida 1177 Statutes, is amended to read: 1178 400.1413 Volunteers in nursing homes.— 1179 (2) This section does not affect the activities of the 1180 stateor local long-term careombudsman programcouncils1181 authorized under part I. 1182 Section 24. Paragraph (d) of subsection (5) of section 1183 400.162, Florida Statutes, is amended to read: 1184 400.162 Property and personal affairs of residents.— 1185 (5) 1186 (d) If, at any time during the period for which a license 1187 is issued, a licensee that has not purchased a surety bond or 1188 entered into a self-insurance agreement, as provided in 1189 paragraphs (b) and (c), is requested to provide safekeeping for 1190 the personal funds of a resident, the licensee shall notify the 1191 agency of the request and make application for a surety bond or 1192 for participation in a self-insurance agreement within 7 days 1193 afterofthe request, exclusive of weekends and holidays. Copies 1194 of the application, along with written documentation of related 1195 correspondence with an insurance agency or group, shall be 1196 maintained by the licensee for review by the agency and the 1197 stateNursing Home and Long-Term Care Facilityombudsman program 1198Council. 1199 Section 25. Subsections (1) and (4) of section 400.19, 1200 Florida Statutes, are amended to read: 1201 400.19 Right of entry and inspection.— 1202 (1) In accordance with part II of chapter 408, the agency 1203 and any duly designated officer or employee thereof or a 1204 representativememberof the stateLong-Term Careombudsman 1205 programCouncil or the local long-term care ombudsman council1206 shall have the right to enter upon and into the premises of any 1207 facility licensed pursuant to this part, or any distinct nursing 1208 home unit of a hospital licensed under chapter 395 or any 1209 freestanding facility licensed under chapter 395 that provides 1210 extended care or other long-term care services, at any 1211 reasonable time in order to determine the state of compliance 1212 withthe provisions ofthis part, part II of chapter 408, and 1213 applicable rules in force pursuant thereto. The agency shall, 1214 within 60 days after receipt of a complaint made by a resident 1215 or resident’s representative, complete its investigation and 1216 provide to the complainant its findings and resolution. 1217 (4) The agency shall conduct unannounced onsite facility 1218 reviews following written verification of licensee noncompliance 1219 in instances in which the state ombudsman programa long-term1220care ombudsman council, pursuant to ss. 400.0071 and 400.0075, 1221 has received a complaint and has documented deficiencies in 1222 resident care or in the physical plant of the facility that 1223 threaten the health, safety, or security of residents, or when 1224 the agency documents through inspection that conditions in a 1225 facility present a direct or indirect threat to the health, 1226 safety, or security of residents. However, the agency shall 1227 conduct unannounced onsite reviews every 3 months of each 1228 facility while the facility has a conditional license. 1229 Deficiencies related to physical plant do not require followup 1230 reviews after the agency has determined that correction of the 1231 deficiency has been accomplished and that the correction is of 1232 the nature that continued compliance can be reasonably expected. 1233 Section 26. Subsection (1) of section 400.191, Florida 1234 Statutes, is amended to read: 1235 400.191 Availability, distribution, and posting of reports 1236 and records.— 1237 (1) The agency shall provide information to the public 1238 about all of the licensed nursing home facilities operating in 1239 the state. The agency shall, within 60 days after a licensure 1240 inspection visit or within 30 days after any interim visit to a 1241 facility, send copies of the inspection reports to the state 1242local long-term careombudsman programcouncil, the agency’s 1243 local office, and a public library or the county seat for the 1244 county in which the facility is located. The agency may provide 1245 electronic access to inspection reports as a substitute for 1246 sending copies. 1247 Section 27. Subsection (6) and paragraph (c) of subsection 1248 (7) of section 400.23, Florida Statutes, are amended to read: 1249 400.23 Rules; evaluation and deficiencies; licensure 1250 status.— 1251 (6) BeforePrior toconducting a survey of the facility, 1252 the survey team shall obtain a copy of the statelocal long-term1253careombudsman programcouncilreport on the facility. Problems 1254 noted in the report shall be incorporated into and followed up 1255 through the agency’s inspection process. This procedure does not 1256 preclude the statelocal long-term careombudsman program 1257councilfrom requesting the agency to conduct a followup visit 1258 to the facility. 1259 (7) The agency shall, at least every 15 months, evaluate 1260 all nursing home facilities and make a determination as to the 1261 degree of compliance by each licensee with the established rules 1262 adopted under this part as a basis for assigning a licensure 1263 status to that facility. The agency shall base its evaluation on 1264 the most recent inspection report, taking into consideration 1265 findings from other official reports, surveys, interviews, 1266 investigations, and inspections. In addition to license 1267 categories authorized under part II of chapter 408, the agency 1268 shall assign a licensure status of standard or conditional to 1269 each nursing home. 1270 (c) In evaluating the overall quality of care and services 1271 and determining whether the facility will receive a conditional 1272 or standard license, the agency shall consider the needs and 1273 limitations of residents in the facility and the results of 1274 interviews and surveys of a representative sampling of 1275 residents, families of residents, representatives of the state 1276 ombudsman programcouncil members in the planning and service1277area in which the facility is located, guardians of residents, 1278 and staff of the nursing home facility. 1279 Section 28. Paragraph (a) of subsection (3), paragraph (f) 1280 of subsection (5), and subsection (6) of section 400.235, 1281 Florida Statutes, are amended to read: 1282 400.235 Nursing home quality and licensure status; Gold 1283 Seal Program.— 1284 (3)(a) The Gold Seal Program shall be developed and 1285 implemented by the Governor’s Panel on Excellence in Long-Term 1286 Care which shall operate under the authority of the Executive 1287 Office of the Governor. The panel shall be composed of three 1288 persons appointed by the Governor, to include a consumer 1289 advocate for senior citizens and two persons with expertise in 1290 the fields of quality management, service delivery excellence, 1291 or public sector accountability; three persons appointed by the 1292 Secretary of Elderly Affairs, to include an active member of a 1293 nursing facility family and resident care council and a member 1294 of the University Consortium on Aging; a representative of the 1295 Office of State Long-Term Care Ombudsman; one person appointed 1296 by the Florida Life Care Residents Association; one person 1297 appointed by the State Surgeon General; two persons appointed by 1298 the Secretary of Health Care Administration; one person 1299 appointed by the Florida Association of Homes for the Aging; and 1300 one person appointed by the Florida Health Care Association. 1301 Vacancies on the panel shall be filled in the same manner as the 1302 original appointments. 1303 (5) Facilities must meet the following additional criteria 1304 for recognition as a Gold Seal Program facility: 1305 (f) Evidence an outstanding record regarding the number and 1306 types of substantiated complaints reported to the Office of 1307 State Long-Term Care OmbudsmanCouncilwithin the 30 months 1308 preceding application for the program. 1309 1310 A facility assigned a conditional licensure status may not 1311 qualify for consideration for the Gold Seal Program until after 1312 it has operated for 30 months with no class I or class II 1313 deficiencies and has completed a regularly scheduled relicensure 1314 survey. 1315 (6) The agency, nursing facility industry organizations, 1316 consumers, Office of State Long-Term Care OmbudsmanCouncil, and 1317 members of the community may recommend to the Governor 1318 facilities that meet the established criteria for consideration 1319 for and award of the Gold Seal. The panel shall review nominees 1320 and make a recommendation to the Governor for final approval and 1321 award. The decision of the Governor is final and is not subject 1322 to appeal. 1323 Section 29. Paragraph (a) of subsection (1) of section 1324 415.1034, Florida Statutes, is amended to read: 1325 415.1034 Mandatory reporting of abuse, neglect, or 1326 exploitation of vulnerable adults; mandatory reports of death.— 1327 (1) MANDATORY REPORTING.— 1328 (a) Any person, including, but not limited to, any: 1329 1. Physician, osteopathic physician, medical examiner, 1330 chiropractic physician, nurse, paramedic, emergency medical 1331 technician, or hospital personnel engaged in the admission, 1332 examination, care, or treatment of vulnerable adults; 1333 2. Health professional or mental health professional other 1334 than one listed in subparagraph 1.; 1335 3. Practitioner who relies solely on spiritual means for 1336 healing; 1337 4. Nursing home staff; assisted living facility staff; 1338 adult day care center staff; adult family-care home staff; 1339 social worker; or other professional adult care, residential, or 1340 institutional staff; 1341 5. State, county, or municipal criminal justice employee or 1342 law enforcement officer; 1343 6.AnEmployee of the Department of Business and 1344 Professional Regulation conducting inspections of public lodging 1345 establishments under s. 509.032; 1346 7. Florida advocacy council member or representative of the 1347 Office of State Long-Term Care Ombudsmancouncil member; or 1348 8. Bank, savings and loan, or credit union officer, 1349 trustee, or employee, 1350 1351 who knows, or has reasonable cause to suspect, that a vulnerable 1352 adult has been or is being abused, neglected, or exploited shall 1353 immediately report such knowledge or suspicion to the central 1354 abuse hotline. 1355 Section 30. Subsection (1) of section 415.104, Florida 1356 Statutes, is amended to read: 1357 415.104 Protective investigations of cases of abuse, 1358 neglect, or exploitation of vulnerable adults; transmittal of 1359 records to state attorney.— 1360 (1) The department shall, upon receipt of a report alleging 1361 abuse, neglect, or exploitation of a vulnerable adult, begin 1362 within 24 hours a protective investigation of the facts alleged 1363 therein. If a caregiver refuses to allow the department to begin 1364 a protective investigation or interferes with the conduct of 1365 such an investigation, the appropriate law enforcement agency 1366 shall be contacted for assistance. If, during the course of the 1367 investigation, the department has reason to believe that the 1368 abuse, neglect, or exploitation is perpetrated by a second 1369 party, the appropriate law enforcement agency and state attorney 1370 shall be orally notified. The department and the law enforcement 1371 agency shall cooperate to allow the criminal investigation to 1372 proceed concurrently with, and not be hindered by, the 1373 protective investigation. The department shall make a 1374 preliminary written report to the law enforcement agencies 1375 within 5 working days after the oral report. The department 1376 shall, within 24 hours after receipt of the report, notify the 1377 appropriate Florida local advocacy council, or statelong-term1378careombudsman programcouncil, when appropriate, that an 1379 alleged abuse, neglect, or exploitation perpetrated by a second 1380 party has occurred. Notice to the Florida local advocacy council 1381 or statelong-term careombudsman programcouncilmay be 1382 accomplished orally or in writing and shall include the name and 1383 location of the vulnerable adult alleged to have been abused, 1384 neglected, or exploited and the nature of the report. 1385 Section 31. Subsection (8) of section 415.1055, Florida 1386 Statutes, is amended to read: 1387 415.1055 Notification to administrative entities.— 1388 (8) At the conclusion of a protective investigation at a 1389 facility, the department shall notify either the Florida local 1390 advocacy council or statelong-term careombudsman program 1391councilof the results of the investigation. This notification 1392 must be in writing. 1393 Section 32. Subsection (2) of section 415.106, Florida 1394 Statutes, is amended to read: 1395 415.106 Cooperation by the department and criminal justice 1396 and other agencies.— 1397 (2) To ensure coordination, communication, and cooperation 1398 with the investigation of abuse, neglect, or exploitation of 1399 vulnerable adults, the department shall develop and maintain 1400 interprogram agreements or operational procedures among 1401 appropriate departmental programs and the Office of State Long 1402 Term Care OmbudsmanCouncil, the Florida Statewide Advocacy 1403 Council, and other agencies that provide services to vulnerable 1404 adults. These agreements or procedures must cover such subjects 1405 as the appropriate roles and responsibilities of the department 1406 in identifying and responding to reports of abuse, neglect, or 1407 exploitation of vulnerable adults; the provision of services; 1408 and related coordinated activities. 1409 Section 33. Paragraph (g) of subsection (3) of section 1410 415.107, Florida Statutes, is amended to read: 1411 415.107 Confidentiality of reports and records.— 1412 (3) Access to all records, excluding the name of the 1413 reporter which shall be released only as provided in subsection 1414 (6), shall be granted only to the following persons, officials, 1415 and agencies: 1416 (g) Any appropriate official of the Florida advocacy 1417 council or statelong-term careombudsman programcouncil1418 investigating a report of known or suspected abuse, neglect, or 1419 exploitation of a vulnerable adult. 1420 Section 34. Subsection (20) of section 429.02, Florida 1421 Statutes, is amended to read: 1422 429.02 Definitions.—When used in this part, the term: 1423 (20) “Resident’s representative or designee” means a person 1424 other than the owner, or an agent or employee of the facility, 1425 designated in writing by the resident, if legally competent, to 1426 receive notice of changes in the contract executed pursuant to 1427 s. 429.24; to receive notice of and to participate in meetings 1428 between the resident and the facility owner, administrator, or 1429 staff concerning the rights of the resident; to assist the 1430 resident in contacting the state ombudsman programcouncilif 1431 the resident has a complaint against the facility; or to bring 1432 legal action on behalf of the resident pursuant to s. 429.29. 1433 Section 35. Paragraph (b) of subsection (3) of section 1434 429.07, Florida Statutes, is amended to read: 1435 429.07 License required; fee.— 1436 (3) In addition to the requirements of s. 408.806, each 1437 license granted by the agency must state the type of care for 1438 which the license is granted. Licenses shall be issued for one 1439 or more of the following categories of care: standard, extended 1440 congregate care, limited nursing services, or limited mental 1441 health. 1442 (b) An extended congregate care license shall be issued to 1443 facilities providing, directly or through contract, services 1444 beyond those authorized in paragraph (a), including services 1445 performed by persons licensed under part I of chapter 464 and 1446 supportive services, as defined by rule, to persons who would 1447 otherwise be disqualified from continued residence in a facility 1448 licensed under this part. 1449 1. In order for extended congregate care services to be 1450 provided, the agency must first determine that all requirements 1451 established in law and rule are met and must specifically 1452 designate, on the facility’s license, that such services may be 1453 provided and whether the designation applies to all or part of 1454 the facility. Such designation may be made at the time of 1455 initial licensure or relicensure, or upon request in writing by 1456 a licensee under this part and part II of chapter 408. The 1457 notification of approval or the denial of the request shall be 1458 made in accordance with part II of chapter 408. Existing 1459 facilities qualifying to provide extended congregate care 1460 services must have maintained a standard license and may not 1461 have been subject to administrative sanctions during the 1462 previous 2 years, or since initial licensure if the facility has 1463 been licensed for less than 2 years, for any of the following 1464 reasons: 1465 a. A class I or class II violation; 1466 b. Three or more repeat or recurring class III violations 1467 of identical or similar resident care standards from which a 1468 pattern of noncompliance is found by the agency; 1469 c. Three or more class III violations that were not 1470 corrected in accordance with the corrective action plan approved 1471 by the agency; 1472 d. Violation of resident care standards which results in 1473 requiring the facility to employ the services of a consultant 1474 pharmacist or consultant dietitian; 1475 e. Denial, suspension, or revocation of a license for 1476 another facility licensed under this part in which the applicant 1477 for an extended congregate care license has at least 25 percent 1478 ownership interest; or 1479 f. Imposition of a moratorium pursuant to this part or part 1480 II of chapter 408 or initiation of injunctive proceedings. 1481 2. A facility that is licensed to provide extended 1482 congregate care services shall maintain a written progress 1483 report on each person who receives services which describes the 1484 type, amount, duration, scope, and outcome of services that are 1485 rendered and the general status of the resident’s health. A 1486 registered nurse, or appropriate designee, representing the 1487 agency shall visit the facility at least quarterly to monitor 1488 residents who are receiving extended congregate care services 1489 and to determine whetherifthe facility is in compliance with 1490 this part, part II of chapter 408, and relevant rules. One of 1491 the visits may be in conjunction with the regular survey. The 1492 monitoring visits may be provided through contractual 1493 arrangements with appropriate community agencies. A registered 1494 nurse shall serve as part of the team that inspects the 1495 facility. The agency may waive one of the required yearly 1496 monitoring visits for a facility that has been licensed for at 1497 least 24 months to provide extended congregate care services, 1498 if, during the inspection, the registered nurse determines that 1499 extended congregate care services are being provided 1500 appropriately, and if the facility has no class I or class II 1501 violations and no uncorrected class III violations. The agency 1502 must first consult with the statelong-term careombudsman 1503 programcouncilfor the area in which the facility is located to 1504 determine whetherifany complaints have been made and 1505 substantiated about the quality of services or care. The agency 1506 may not waive one of the required yearly monitoring visits if 1507 complaints have been made and substantiated. 1508 3. A facility that is licensed to provide extended 1509 congregate care services must: 1510 a. Demonstrate the capability to meet unanticipated 1511 resident service needs. 1512 b. Offer a physical environment that promotes a homelike 1513 setting, provides for resident privacy, promotes resident 1514 independence, and allows sufficient congregate space as defined 1515 by rule. 1516 c. Have sufficient staff available, taking into account the 1517 physical plant and firesafety features of the building, to 1518 assist with the evacuation of residents in an emergency. 1519 d. Adopt and follow policies and procedures that maximize 1520 resident independence, dignity, choice, and decisionmaking to 1521 permit residents to age in place, so that moves due to changes 1522 in functional status are minimized or avoided. 1523 e. Allow residents or, if applicable, a resident’s 1524 representative, designee, surrogate, guardian, or attorney in 1525 fact to make a variety of personal choices, participate in 1526 developing service plans, and share responsibility in 1527 decisionmaking. 1528 f. Implement the concept of managed risk. 1529 g. Provide, directly or through contract, the services of a 1530 person licensed under part I of chapter 464. 1531 h. In addition to the training mandated in s. 429.52, 1532 provide specialized training as defined by rule for facility 1533 staff. 1534 4. A facility that is licensed to provide extended 1535 congregate care services is exempt from the criteria for 1536 continued residency set forth in rules adopted under s. 429.41. 1537 A licensed facility must adopt its own requirements within 1538 guidelines for continued residency set forth by rule. However, 1539 the facility may not serve residents who require 24-hour nursing 1540 supervision. A licensed facility that provides extended 1541 congregate care services must also provide each resident with a 1542 written copy of facility policies governing admission and 1543 retention. 1544 5. The primary purpose of extended congregate care services 1545 is to allow residents, as they become more impaired, the option 1546 of remaining in a familiar setting from which they would 1547 otherwise be disqualified for continued residency. A facility 1548 licensed to provide extended congregate care services may also 1549 admit an individual who exceeds the admission criteria for a 1550 facility with a standard license, if the individual is 1551 determined appropriate for admission to the extended congregate 1552 care facility. 1553 6. Before the admission of an individual to a facility 1554 licensed to provide extended congregate care services, the 1555 individual must undergo a medical examination as provided in s. 1556 429.26(4) and the facility must develop a preliminary service 1557 plan for the individual. 1558 7. When a facility can no longer provide or arrange for 1559 services in accordance with the resident’s service plan and 1560 needs and the facility’s policy, the facility shall make 1561 arrangements for relocating the person in accordance with s. 1562 429.28(1)(k). 1563 8. Failure to provide extended congregate care services may 1564 result in denial of extended congregate care license renewal. 1565 Section 36. Subsection (9) of section 429.19, Florida 1566 Statutes, is amended to read: 1567 429.19 Violations; imposition of administrative fines; 1568 grounds.— 1569 (9) The agency shall develop and disseminate an annual list 1570 of all facilities sanctioned or fined for violations of state 1571 standards, the number and class of violations involved, the 1572 penalties imposed, and the current status of cases. The list 1573 shall be disseminated, at no charge, to the Department of 1574 Elderly Affairs, the Department of Health, the Department of 1575 Children and FamiliesFamily Services, the Agency for Persons 1576 with Disabilities, the area agencies on aging, the Florida 1577 Statewide Advocacy Council, and the stateand localombudsman 1578 programcouncils. The Department of Children and FamiliesFamily1579Servicesshall disseminate the list to service providers under 1580 contract to the department who are responsible for referring 1581 persons to a facility for residency. The agency may charge a fee 1582 commensurate with the cost of printing and postage to other 1583 interested parties requesting a copy of this list. This 1584 information may be provided electronically or through the 1585 agency’s Internet site. 1586 Section 37. Subsection (8) of section 429.26, Florida 1587 Statutes, is amended to read: 1588 429.26 Appropriateness of placements; examinations of 1589 residents.— 1590 (8) The Department of Children and FamiliesFamily Services1591 may require an examination for supplemental security income and 1592 optional state supplementation recipients residing in facilities 1593 at any time and shall provide the examination whenever a 1594 resident’s condition requires it. Any facility administrator; 1595 personnel of the agency, the department, or the Department of 1596 Children and FamiliesFamily Services; or representative of the 1597 statelong-term careombudsman programcouncil memberwho 1598 believes a resident needs to be evaluated shall notify the 1599 resident’s case manager, who shall take appropriate action. A 1600 report of the examination findings shall be provided to the 1601 resident’s case manager and the facility administrator to help 1602 the administrator meet his or her responsibilities under 1603 subsection (1). 1604 Section 38. Subsection (2) and paragraph (b) of subsection 1605 (3) of section 429.28, Florida Statutes, are amended to read: 1606 429.28 Resident bill of rights.— 1607 (2) The administrator of a facility shall ensure that a 1608 written notice of the rights, obligations, and prohibitions set 1609 forth in this part is posted in a prominent place in each 1610 facility and read or explained to residents who cannot read. 1611 This notice shall include the statewide toll-free telephone 1612 number and e-mail addressname, address, and telephone numbers1613 of the statelocalombudsman programcounciland central abuse 1614 hotline and, when applicable, the Advocacy Center for Persons 1615 with Disabilities, Inc., and the Florida local advocacy council, 1616 where complaints may be lodged. The facility must ensure a 1617 resident’s access to a telephone to call the statelocal1618 ombudsman programcouncil, central abuse hotline, Advocacy 1619 Center for Persons with Disabilities, Inc., and the Florida 1620 local advocacy council. 1621 (3) 1622 (b) In order to determine whether the facility is 1623 adequately protecting residents’ rights, the biennial survey 1624 shall include private informal conversations with a sample of 1625 residents and consultation with the state ombudsman program 1626councilin the planning and service area in which the facility 1627 is located to discuss residents’ experiences within the 1628 facility. 1629 Section 39. Section 429.34, Florida Statutes, is amended to 1630 read: 1631 429.34 Right of entry and inspection.—In addition to the 1632 requirements of s. 408.811, any duly designated officer or 1633 employee of the department, the Department of Children and 1634 FamiliesFamily Services, the Medicaid Fraud Control Unit of the 1635 Office of the Attorney General, the state or local fire marshal, 1636 or a representativememberof the stateor local long-term care1637 ombudsman programcouncilshall have the right to enter 1638 unannounced upon and into the premises of any facility licensed 1639 pursuant to this part in order to determine the state of 1640 compliance withthe provisions ofthis part, part II of chapter 1641 408, and applicable rules. Data collected by the stateor local1642long-term careombudsman programcouncilsor the state or local 1643 advocacy councils may be used by the agency in investigations 1644 involving violations of regulatory standards. 1645 Section 40. Subsection (2) of section 429.35, Florida 1646 Statutes, is amended to read: 1647 429.35 Maintenance of records; reports.— 1648 (2) Within 60 days after the date of the biennial 1649 inspection visit required under s. 408.811 or within 30 days 1650 after the date of any interim visit, the agency shall forward 1651 the results of the inspection to the statelocalombudsman 1652 programcouncil in whose planning and service area, as defined1653in part II of chapter 400, the facility is located; to at least 1654 one public library or, in the absence of a public library, the 1655 county seat in the county in which the inspected assisted living 1656 facility is located; and, when appropriate, to the district 1657 Adult Services and Mental Health Program Offices. 1658 Section 41. Subsection (2) of section 429.85, Florida 1659 Statutes, is amended to read: 1660 429.85 Residents’ bill of rights.— 1661 (2) The provider shall ensure that residents and their 1662 legal representatives are made aware of the rights, obligations, 1663 and prohibitions set forth in this part. Residents must also be 1664 given the statewide toll-free telephone number and e-mail 1665 address of the state ombudsman program and the telephone number 1666 ofnames, addresses, and telephone numbers of the local1667ombudsman council andthe central abuse hotline where they may 1668 lodge complaints. 1669 Section 42. Subsection (17) of section 744.444, Florida 1670 Statutes, is amended to read: 1671 744.444 Power of guardian without court approval.—Without 1672 obtaining court approval, a plenary guardian of the property, or 1673 a limited guardian of the property within the powers granted by 1674 the order appointing the guardian or an approved annual or 1675 amended guardianship report, may: 1676 (17) Provide confidential information about a ward that is 1677 related to an investigation arising under part I of chapter 400 1678 to a representative of thelocal orstate ombudsman program 1679council memberconducting such an investigation. Any such 1680 ombudsman shall have a duty to maintain the confidentiality of 1681 such information. 1682 Section 43. This act shall take effect July 1, 2013.