400.0060 Definitions.—When used in this part, unless the context clearly dictates otherwise, the term: (1) “Administrative assessment” means a review of conditions in a long-term care facility which impact the rights, health, safety, and welfare of residents with the purpose of noting needed improvement and making recommendations to enhance the quality of life for residents. (2) “Agency” means […]
400.0061 Legislative findings and intent; long-term care facilities.— (1) The Legislature finds that conditions in long-term care facilities in this state are such that the rights, health, safety, and welfare of residents are not fully ensured by rules of the Department of Elderly Affairs or the Agency for Health Care Administration or by the good faith of […]
400.0063 Establishment of the State Long-Term Care Ombudsman Program; designation of ombudsman and legal advocate.— (1) There is created the State Long-Term Care Ombudsman Program in the Department of Elderly Affairs. (2)(a) The State Long-Term Care Ombudsman Program shall be headed by the State Long-Term Care Ombudsman, who shall serve on a full-time basis and shall personally, or […]
400.0065 State Long-Term Care Ombudsman Program; duties and responsibilities.— (1) The purpose of the State Long-Term Care Ombudsman Program is to: (a) Identify, investigate, and resolve complaints made by or on behalf of residents of long-term care facilities relating to actions or omissions by providers or representatives of providers of long-term care services, other public or private agencies, […]
400.0067 State Long-Term Care Ombudsman Council; duties; membership.— (1) There is created within the State Long-Term Care Ombudsman Program, the State Long-Term Care Ombudsman Council. (2) The State Long-Term Care Ombudsman Council shall: (a) Serve as an advisory body to assist the state ombudsman in reaching a consensus among districts and local councils on issues affecting residents and impacting […]
400.0069 Long-term care ombudsman districts; local long-term care ombudsman councils; duties; appointment.— (1)(a) The state ombudsman shall designate districts and each district shall designate local long-term care ombudsman councils to carry out the duties of the State Long-Term Care Ombudsman Program within local communities. Each district shall function under the direction of the state ombudsman. (b) The state […]
400.0070 Conflicts of interest.— (1) A representative of the State Long-Term Care Ombudsman Program may not: (a) Have a direct involvement in the licensing or certification of, or an ownership or investment interest in, a long-term care facility or a provider of a long-term care service. (b) Be employed by, or participate in the management of, a long-term care […]
400.0071 State Long-Term Care Ombudsman Program complaint procedures.—The department, in consultation with the state ombudsman, shall adopt rules implementing state and local complaint procedures. The rules must include procedures for receiving, investigating, identifying, and resolving complaints concerning the health, safety, welfare, and rights of residents. History.—s. 28, ch. 75-233; s. 3, ch. 76-168; s. 9, ch. […]
400.0073 State and local ombudsman council investigations.— (1) A representative of the State Long-Term Care Ombudsman Program shall identify and investigate, within a reasonable time after a complaint is made, by or on behalf of a resident relating to actions or omissions by providers or representatives of providers of long-term care services, other public agencies, guardians, or […]
400.0074 Local ombudsman council onsite administrative assessments.— (1) A representative of the State Long-Term Care Ombudsman Program shall conduct, at least annually, an onsite administrative assessment of each nursing home, assisted living facility, and adult family-care home. This administrative assessment must be comprehensive in nature, must be resident-centered, and must focus on factors affecting residents’ rights, health, […]
400.0075 Complaint notification and resolution procedures.— (1)(a) Any complaint verified by a representative of the State Long-Term Care Ombudsman Program as a result of an investigation which is determined by the local council to require remedial action may be identified and brought to the attention of the long-term care facility administrator subject to the confidentiality provisions of […]
400.0077 Confidentiality.— (1) The following are confidential and exempt from the provisions of s. 119.07(1): (a) Resident records held by the ombudsman or by the state or a local ombudsman council. (b) The names or identities of the complainants or residents involved in a complaint, including any problem identified by an ombudsman council as a result of an investigation, […]
400.0078 Citizen access to State Long-Term Care Ombudsman Program services.— (1) The office shall establish a statewide toll-free telephone number and e-mail address for receiving complaints concerning matters adversely affecting the health, safety, welfare, or rights of residents. (2) Upon admission to a long-term care facility, each resident or representative of a resident must receive information regarding: (a) The […]
400.0079 Immunity.— (1) Any person making a complaint pursuant to this part who does so in good faith shall be immune from any liability, civil or criminal, that otherwise might be incurred or imposed as a direct or indirect result of making the complaint. (2) Representatives of the State Long-Term Care Ombudsman Program are immune from any liability, […]
400.0081 Access to facilities, residents, and records.— (1) A long-term care facility shall provide representatives of the State Long-Term Care Ombudsman Program with access to: (a) The long-term care facility and its residents. (b) Where appropriate, medical and social records of a resident for review if: 1. The representative of the State Long-Term Care Ombudsman Program has the permission of […]
400.0083 Interference; retaliation; penalties.— (1) A person, long-term care facility, or other entity may not willfully interfere with a representative of the State Long-Term Care Ombudsman Program in the performance of official duties. (2) A person, long-term care facility, or other entity may not knowingly or willfully take action or retaliate against any resident, employee, or other person […]
400.0087 Department oversight; funding.— (1) The department shall meet the costs associated with the State Long-Term Care Ombudsman Program from funds appropriated to it. (a) The department shall include the costs associated with support of the State Long-Term Care Ombudsman Program when developing its budget requests for consideration by the Governor and submittal to the Legislature. (b) The department […]
400.0089 Complaint data reports.—The State Long-Term Care Ombudsman Program shall maintain a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities and to residents for the purpose of identifying and resolving complaints. Information pertaining to the number and types of complaints received by the State Long-Term Care […]
400.0091 Training.—The state ombudsman shall ensure that appropriate training is provided to all representatives of the State Long-Term Care Ombudsman Program. (1) All representatives of the State Long-Term Care Ombudsman Program shall be given a minimum of 20 hours of training upon employment with the State Long-Term Care Ombudsman Program or appointment as an ombudsman. Ten hours […]
