Bill Text: FL S1054 | 2012 | Regular Session | Introduced
Bill Title: State Long-Term Care Ombudsman Program
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2012-03-09 - Died in Children, Families, and Elder Affairs [S1054 Detail]
Download: Florida-2012-S1054-Introduced.html
Florida Senate - 2012 SB 1054
By Senator Sobel
31-00802-12 20121054__
1 A bill to be entitled
2 An act relating to the State Long-Term Care Ombudsman
3 Program; amending s. 400.0060, F.S.; revising
4 definitions; defining the term “autonomy”; amending s.
5 400.0063, F.S.; providing for the ombudsman program to
6 be operated by a private not-for-profit organization;
7 revising how the ombudsman is selected; requiring that
8 the ombudsman and the legal advocate be registered as
9 lobbyists; revising the duties of the legal advocate;
10 amending s. 400.0065, F.S.; revising the purpose of
11 the Office of the State Long-Term Care Ombudsman;
12 revising the duties and authority of the office;
13 amending s. 400.0067, F.S.; revising the procedure for
14 appointing members to the State Long-Term Care
15 Ombudsman Council; amending s. 400.0069, F.S.;
16 revising the procedure for selecting members of local
17 councils; amending s. 400.0074, F.S.; revising
18 requirements for carrying out investigations and
19 assessments of long-term care facilities; amending s.
20 400.0075, F.S.; revising provisions relating to the
21 resolution of complaints or problems verified at a
22 long-term care facility; amending s. 400.0078, F.S.;
23 requiring that a licensed long-term care facility
24 display the ombudsman program poster at conspicuous
25 places in the facility; amending s. 400.0081, F.S.;
26 requiring that facility records be made available at
27 no cost to the ombudsman program; amending s.
28 400.0083, F.S.; providing civil penalties for certain
29 violations; authorizing the legal advocate to pursue
30 legal and civil remedies for violations; amending s.
31 400.0087, F.S.; revising provisions relating to
32 program funding; deleting a provision that requires
33 the Department of Elderly Affairs to monitor the state
34 council and local councils for specified purposes;
35 amending s. 400.0091, F.S.; revising training and
36 continuing education requirements for ombudsman
37 employees and state and local council members;
38 providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Subsection (8) of section 400.0060, Florida
43 Statutes, is amended, present subsections (3) through (10) of
44 that section are renumbered as subsections (4) through (11),
45 respectively, and a new subsection (3) is added to that section,
46 to read:
47 400.0060 Definitions.—When used in this part, unless the
48 context clearly dictates otherwise, the term:
49 (3) “Autonomy” means that designated representatives of the
50 Office of State Long-Term Care Ombudsman are able to determine
51 and implement all advocacy activities deemed necessary to
52 enhance the quality of life and care for residents without being
53 threatened by interference, coercion, retaliation, or
54 intimidation, and for the purpose of advocating on behalf of
55 residents.
56 (9)(8) “Resident” means an individual 60 years of age or
57 older who resides in a long-term care facility.
58 Section 2. Section 400.0063, Florida Statutes, is amended
59 to read:
60 400.0063 Establishment of Office of State Long-Term Care
61 Ombudsman; designation of ombudsman and legal advocate.—
62 (1) The There is created an Office of State Long-Term Care
63 Ombudsman is established under and shall be administered by in
64 the Department of Elderly Affairs through a contract with or
65 grant to a private not-for-profit organization. However, such
66 organization may not be made responsible for licensing and
67 certification of long-term care facilities or otherwise have any
68 relationship with long-term care facilities or associations.
69 (2)(a) The office of State Long-Term Care Ombudsman shall
70 be headed by the State Long-Term Care Ombudsman, who shall serve
71 on a full-time basis and shall personally, or through
72 representatives of the office, carry out the purposes and
73 functions of the office in accordance with state and federal
74 law. The ombudsman must be registered as a lobbyist.
75 (a)(b) The ombudsman shall be appointed by a five-member
76 panel that is appointed by and shall serve at the pleasure of
77 the Secretary of Elderly Affairs. The panel’s membership must
78 include one resident, two family members, a consumer advocate,
79 and the chair of the state council.
80 (b) The ombudsman must have at least 5 years of secretary
81 shall appoint a person who has expertise and experience in the
82 fields of long-term care resident and advocacy and in the
83 successful operation of a nonprofit organization and must be
84 free of conflicts of interest pursuant to federal and state law
85 and rule governing the office and the regulation of long-term
86 care facilities to serve as ombudsman.
87 (3)(a) There is created in the office The position of legal
88 advocate shall be established in the office. The legal advocate,
89 who shall be selected by and serve at the pleasure of the
90 ombudsman and must shall be a member in good standing of The
91 Florida Bar and registered as a lobbyist.
92 (b) The duties of the legal advocate shall include, but are
93 not be limited to:
94 (a)1. Assisting the ombudsman in carrying out the duties of
95 the office with respect to the abuse, neglect, or violation of
96 rights of residents of long-term care facilities.
97 (b)2. Assisting the state and local councils in carrying
98 out their responsibilities under this part.
99 (c)3. Pursuing administrative, legal, and other appropriate
100 remedies on behalf of residents.
101 (d)4. Serving as legal counsel to the state and local
102 councils, or individual members thereof, against whom any suit
103 or other legal action is initiated in connection with the
104 performance of the official duties of the councils or an
105 individual member.
106 (e) Assisting the ombudsman in ensuring that the ombudsman
107 program operates with autonomy and without any conflict of
108 interests. Violations of this paragraph are subject to legal
109 recourse under s. 400.0083.
110 Section 3. Paragraphs (f) and (g) of subsection (1) and
111 paragraphs (c) and (i) of subsection (2) of section 400.0065,
112 Florida Statutes, are amended to read:
113 400.0065 State Long-Term Care Ombudsman; duties and
114 responsibilities.—
115 (1) The purpose of the Office of State Long-Term Care
116 Ombudsman shall be to:
117 (f) Support Administer the state and local councils.
118 (g) Autonomously analyze, comment on, and monitor the
119 development and implementation of federal, state, and local
120 laws, rules, and regulations, and other governmental policies
121 and actions, that pertain to the health, safety, welfare, and
122 rights of the residents, with respect to the adequacy of long
123 term care facilities and services in the state, and recommend
124 any changes in such laws, rules, regulations, policies, and
125 actions as the office determines to be appropriate and
126 necessary.
127 (2) The State Long-Term Care Ombudsman shall have the duty
128 and authority to:
129 (c) Within the limits of appropriated federal and state
130 funding, employ such personnel as are necessary to perform
131 adequately perform the functions of the office and provide or
132 contract for legal services to assist the state and local
133 councils in the performance of their duties. Staff positions
134 established for the purpose of coordinating the activities of
135 each local council and assisting its members may be filled by
136 the ombudsman or designee after approval by the secretary.
137 Notwithstanding any other provision of this part, upon
138 certification by the ombudsman that the staff member hired to
139 fill any such position has completed the initial training
140 required under s. 400.0091, the staff member is such person
141 shall be considered a representative of the State Long-Term Care
142 Ombudsman Program for purposes of this part.
143 (i) Prepare an annual report describing the activities
144 carried out by the office, the state council, and the local
145 councils in the year for which the report is prepared. The
146 ombudsman shall submit the report to the secretary at least 30
147 days before the convening of the regular session of the
148 Legislature. The secretary shall in turn submit the report to
149 the United States Assistant Secretary for Aging, the Governor,
150 the President of the Senate, the Speaker of the House of
151 Representatives, the Secretary of Children and Family Services,
152 and the Secretary of Health Care Administration. The report must
153 shall, at a minimum:
154 1. Contain and analyze data collected concerning complaints
155 about and conditions in long-term care facilities and the
156 disposition of such complaints.
157 2. Evaluate the problems experienced by residents.
158 3. Analyze the successes of the ombudsman program during
159 the preceding year, including an assessment of how successfully
160 the program has carried out its responsibilities under the Older
161 Americans Act and state law.
162 4. Provide recommendations for policy, regulatory, and
163 statutory changes designed to solve identified problems; resolve
164 residents’ complaints; improve residents’ lives and quality of
165 care; protect residents’ rights, health, safety, and welfare;
166 and remove any barrier barriers to the optimal operation of the
167 State Long-Term Care Ombudsman Program.
168 5. Contain recommendations from the state Long-Term Care
169 Ombudsman council regarding program functions and activities and
170 recommendations for policy, regulatory, and statutory changes
171 designed to protect residents’ rights, health, safety, and
172 welfare.
173 6. Contain any relevant recommendations from the local
174 councils, resident and family councils, and consumer advocacy
175 groups regarding program functions and activities and resident
176 rights.
177 Section 4. Subsection (3) of section 400.0067, Florida
178 Statutes, is amended to read:
179 400.0067 State Long-Term Care Ombudsman Council; duties;
180 membership.—
181 (3) The State Long-Term Care Ombudsman Council shall be
182 composed of one active local council member elected by each
183 local council plus one resident, one family member, and one
184 consumer advocate, each of whom is appointed by the ombudsman
185 three at-large members appointed by the Governor.
186 (a) Each local council shall elect by majority vote a
187 representative from among the council members to represent the
188 interests of the local council on the state council. A local
189 council chair may not also serve as the representative of the
190 local council on the state council.
191 (b)1. The secretary, after consulting with the ombudsman,
192 shall submit to the Governor a list of persons recommended for
193 appointment to the at-large positions on the state council. The
194 list shall not include the name of any person who is currently
195 serving on a local council.
196 2. The Governor shall appoint three at-large members chosen
197 from the list.
198 3. If the Governor does not appoint an at-large member to
199 fill a vacant position within 60 days after the list is
200 submitted, the secretary, after consulting with the ombudsman,
201 shall appoint an at-large member to fill that vacant position.
202 (b)(c)1. All state council members shall be appointed for
203 serve 3-year terms.
204 2. A member of the state council may not serve more than
205 two consecutive terms.
206 3. A local council may recommend removal of its elected
207 representative from the state council by a majority vote. If the
208 council votes to remove its representative, the local council
209 chair shall immediately notify the ombudsman. The secretary
210 shall advise the Governor of the local council’s vote upon
211 receiving notice from the ombudsman.
212 (c)4. The position of a any member missing three state
213 council meetings within a 1-year period without cause may be
214 declared vacant by the ombudsman. The findings of the ombudsman
215 regarding cause are shall be final and binding.
216 (d)5. Any vacancy on the state council shall be filled in
217 the same manner as the original appointment.
218 (e)(d)1. The state council shall elect a chair to serve for
219 a term of 1 year. A chair may not serve more than three two
220 consecutive terms.
221 1.2. The chair shall select a vice chair from among the
222 members. The vice chair shall preside over the state council in
223 the absence of the chair.
224 2.3. The chair may create additional executive positions as
225 necessary to carry out the duties of the state council. Any
226 person appointed to an executive position serves shall serve at
227 the pleasure of the chair, and his or her term expires shall
228 expire on the same day as the term of the chair.
229 4. A chair may be immediately removed from office prior to
230 the expiration of his or her term by a vote of two-thirds of all
231 state council members present at any meeting at which a quorum
232 is present. If a chair is removed from office prior to the
233 expiration of his or her term, a replacement chair shall be
234 chosen during the same meeting in the same manner as described
235 in this paragraph, and the term of the replacement chair shall
236 begin immediately. The replacement chair shall serve for the
237 remainder of the term and is eligible to serve two subsequent
238 consecutive terms.
239 (f)(e)1. The state council shall meet upon the call of the
240 chair or upon the call of the ombudsman. The council shall meet
241 at least quarterly but may meet more frequently as needed.
242 1.2. A quorum is shall be considered present if more than
243 50 percent of all active state council members are in attendance
244 at the same meeting.
245 2.3. The state council may not vote on or otherwise make
246 any decision decisions resulting in a recommendation that will
247 directly impact the state council or any local council, outside
248 of a publicly noticed meeting at which a quorum is present.
249 (g)(f) Members shall serve without receive no compensation
250 but shall, with approval from the ombudsman, are entitled to
251 reimbursement be reimbursed for per diem and travel expenses as
252 provided under in s. 112.061.
253 Section 5. Paragraph (b) of subsection (1) and subsections
254 (4), (5), and (6) of section 400.0069, Florida Statutes, are
255 amended to read:
256 400.0069 Local long-term care ombudsman councils; duties;
257 membership.—
258 (1)
259 (b) The ombudsman shall ensure that there is at least one
260 local council operating in each of the department’s planning and
261 service areas. The ombudsman may create additional local
262 councils as necessary to ensure that residents throughout the
263 state have adequate access to State Long-Term Care Ombudsman
264 Program services. The ombudsman, after approval from the
265 secretary, shall designate the jurisdictional boundaries of each
266 local council.
267 (4) Each local council shall be composed of members whose
268 primary residence is located within the boundaries of the local
269 council’s jurisdiction.
270 (a) The ombudsman shall strive to ensure that each local
271 council include the following persons as members:
272 (a)1. At least one medical or osteopathic physician whose
273 practice includes or has included a substantial number of
274 geriatric patients and who may practice in a long-term care
275 facility;
276 (b)2. At least one registered nurse who has geriatric
277 experience;
278 (c)3. At least one licensed pharmacist;
279 (d)4. At least one registered dietitian;
280 (e)5. At least six nursing home residents or representative
281 consumer advocates for nursing home residents;
282 (f)6. At least three residents of assisted living
283 facilities or adult family-care homes or three representative
284 consumer advocates for alternative long-term care facility
285 residents;
286 (g)7. At least one attorney; and
287 (h)8. At least one professional social worker.
288
289 (b) An employee or contracted worker In no case shall the
290 medical director of a long-term care facility or an employee of
291 the agency, the department, the Department of Children and
292 Family Services, or the Agency for Persons with Disabilities may
293 not serve as a member or as an ex officio member of a council.
294 (5)(a) An individual Individuals wishing to join a local
295 council shall submit an application to the ombudsman and undergo
296 a level 2 background screening pursuant to s. 435.04. The
297 ombudsman, or his or her designee, shall review and approve or
298 disapprove the individual’s application for and advise the
299 secretary of his or her recommendation for approval or
300 disapproval of the candidate’s membership on the local council.
301 If the secretary approves of the individual’s membership, the
302 individual shall be appointed as a member of the local council.
303 (b) The secretary may rescind the ombudsman’s approval of a
304 member on a local council at any time. If the secretary rescinds
305 the approval of a member on a local council, the ombudsman shall
306 ensure that the individual is immediately removed from the local
307 council on which he or she serves and the individual may no
308 longer represent the State Long-Term Care Ombudsman Program
309 until the secretary provides his or her approval.
310 (c) A local council may recommend the removal of one or
311 more of its members by submitting to the ombudsman a resolution
312 adopted by a two-thirds vote of the members of the council
313 stating the name of the member or members recommended for
314 removal and the reasons for the recommendation. If such a
315 recommendation is adopted by a local council, the local council
316 chair or district coordinator shall immediately report the
317 council’s recommendation to the ombudsman. The ombudsman shall
318 review the recommendation of the local council and advise the
319 secretary of his or her recommendation regarding removal of the
320 council member or members.
321 (6)(a) Each local council shall elect a chair for a term of
322 1 year. The chair may serve for up to three consecutive terms.
323 There shall be no limitation on the number of terms that an
324 approved member of a local council may serve as chair.
325 (a)(b) The chair shall select a vice chair from among the
326 members of the council. The vice chair shall preside over the
327 council in the absence of the chair.
328 (b)(c) The chair may create additional executive positions
329 as necessary to carry out the duties of the local council. Any
330 person appointed to an executive position serves shall serve at
331 the pleasure of the chair, and his or her term expires shall
332 expire on the same day as the term of the chair.
333 (d) A chair may be immediately removed from office prior to
334 the expiration of his or her term by a vote of two-thirds of the
335 members of the local council. If any chair is removed from
336 office prior to the expiration of his or her term, a replacement
337 chair shall be elected during the same meeting, and the term of
338 the replacement chair shall begin immediately. The replacement
339 chair shall serve for the remainder of the term of the person he
340 or she replaced.
341 Section 6. Section 400.0074, Florida Statutes, is amended
342 to read:
343 400.0074 Local ombudsman council onsite administrative
344 assessments.—
345 (1) In addition to any specific investigation conducted
346 pursuant to a complaint, the local council, through its members,
347 shall conduct, at least annually, an onsite administrative
348 assessment of each nursing home, assisted living facility, and
349 adult family-care home within its jurisdiction. The This
350 administrative assessment must shall focus on factors affecting
351 the rights, health, safety, and welfare of the residents. Each
352 local council is encouraged to conduct a similar onsite
353 administrative assessment of each additional long-term care
354 facility within its jurisdiction.
355 (2) An onsite administrative assessment of a long-term care
356 facility is conducted by a local council shall be subject to the
357 following conditions:
358 (a) To the extent possible and reasonable, the assessment
359 may administrative assessments shall not duplicate the efforts
360 of the agency surveys and inspections conducted under part II of
361 this chapter and parts I and II of chapter 429.
362 (b) The An administrative assessment must shall be
363 conducted at a time and for a duration necessary to produce the
364 information required to carry out the duties of the local
365 council.
366 (c) Advance notice of an administrative assessment may not
367 be provided to a long-term care facility, except that notice of
368 followup assessments on specific problems may be provided.
369 (d) A local council member physically present for the
370 administrative assessment must shall identify himself or herself
371 upon entry into the facility and cite the specific statutory
372 authority for his or her assessment of the facility.
373 (e) An administrative assessment may not unreasonably
374 interfere with the programs and activities of residents.
375 (f) A local council member may not enter a single-family
376 residential unit within a long-term care facility during an
377 administrative assessment without the permission of the resident
378 or the representative of the resident.
379 (g) An administrative assessment must be conducted in a
380 manner that will impose no unreasonable burden on a long-term
381 care facility.
382 (3) Regardless of jurisdiction, The ombudsman may authorize
383 a state or local council member to assist another local council
384 to perform the administrative assessments described in this
385 section.
386 (4) An onsite administrative assessment may not be
387 accomplished by forcible entry. However, if the ombudsman or a
388 state or local council member is not allowed to enter a long
389 term care facility, the administrator of the facility shall be
390 considered to have interfered with a representative of the
391 office, the state council, or the local council in the
392 performance of official duties as described in s. 400.0083(1)
393 and to have committed a violation of this part. The ombudsman
394 shall report the refusal by a facility to allow entry to the
395 agency, and the agency shall record the report and take it into
396 consideration when determining actions allowable under s.
397 400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s.
398 429.71.
399 Section 7. Section 400.0075, Florida Statutes, is amended
400 to read:
401 400.0075 Complaint notification and resolution procedures.—
402 (1)(a) Any complaint or problem verified by an ombudsman
403 council as a result of an investigation or onsite administrative
404 assessment of a long-term care facility, which complaint or
405 problem is determined to require resolution by the facility
406 remedial action by the local council, must shall be identified
407 and brought to the attention of the long-term care facility
408 administrator in writing. Upon receipt of such document, the
409 administrator, with the concurrence of the local council member
410 chair, shall establish target dates for resolving the complaint
411 or problem taking appropriate remedial action. If, by the target
412 date, resolution by the facility the remedial action is not
413 completed or forthcoming, the local council member chair may,
414 after obtaining approval from the ombudsman and a majority of
415 the members of the local council:
416 (a)1. Extend the target date if the council member chair
417 has reason to believe that such action would facilitate the
418 resolution of the complaint or problem.
419 (b)2. In accordance with s. 400.0077, publicize the
420 complaint or assessment, the recommendations of the council, and
421 the response of the long-term care facility.
422 (c)3. Through the local council, refer the complaint to the
423 state council.
424 (b) If the local council chair believes that the health,
425 safety, welfare, or rights of the resident are in imminent
426 danger, the chair shall notify the ombudsman or legal advocate,
427 who, after verifying that such imminent danger exists, shall
428 seek immediate legal or administrative remedies to protect the
429 resident.
430 (c) If the ombudsman has reason to believe that the long
431 term care facility or an employee of the facility has committed
432 a criminal act, the ombudsman shall provide the local law
433 enforcement agency with the relevant information to initiate an
434 investigation of the case.
435 (2)(a) Upon referral from a local council, the state
436 council shall assume the responsibility for the disposition of
437 the complaint or assessment. If the a long-term care facility
438 fails to take action on a complaint or assessment by the state
439 council, the state council may, after obtaining approval from
440 the ombudsman and a majority of the state council members:
441 (a)1. In accordance with s. 400.0077, publicize the
442 complaint or assessment, the recommendations of the local or
443 state council, and the response of the long-term care facility.
444 (b)2. Recommend to the department and the agency a series
445 of facility reviews pursuant to s. 400.19, s. 429.34, or s.
446 429.67 to ensure correction and nonrecurrence of conditions that
447 give rise to complaints against the a long-term care facility.
448 (c)3. Recommend to the department and the agency that the
449 long-term care facility no longer receive payments under any
450 state assistance program, including Medicaid.
451 (d)4. Recommend to the department and the agency that
452 procedures be initiated for revocation of the long-term care
453 facility’s license in accordance with chapter 120.
454 (b) If the state council chair believes that the health,
455 safety, welfare, or rights of the resident are in imminent
456 danger, the chair shall notify the ombudsman or legal advocate,
457 who, after verifying that such imminent danger exists, shall
458 seek immediate legal or administrative remedies to protect the
459 resident.
460 (c) If the ombudsman has reason to believe that the long
461 term care facility or an employee of the facility has committed
462 a criminal act, the ombudsman shall provide local law
463 enforcement with the relevant information to initiate an
464 investigation of the case.
465 Section 8. Subsection (3) is added to section 400.0078,
466 Florida Statutes, to read:
467 400.0078 Citizen access to State Long-Term Care Ombudsman
468 Program services.—
469 (3) Each licensed long-term care facility must display the
470 State Long-Term Care Ombudsman Program’s poster in multiple,
471 conspicuous places and include the statewide toll-free telephone
472 number, other relevant contact information for submitting
473 complaints, and a summary of residents’ rights.
474 Section 9. Present subsection (2) of section 400.0081,
475 Florida Statutes, is renumbered as subsection (3), and a new
476 subsection (2) is added to that section, to read:
477 400.0081 Access to facilities, residents, and records.—
478 (2) Any copy of records requested by a designated
479 representative of the ombudsman program to complete an
480 investigation or assessment must be made readily available by
481 the facility at no expense to the program.
482 Section 10. Section 400.0083, Florida Statutes, is amended
483 to read:
484 400.0083 Interference; retaliation; penalties.—
485 (1) It is shall be unlawful for any person, long-term care
486 facility, or other entity to willfully interfere with a
487 representative of the office, the state council, or a local
488 council in the performance of official duties.
489 (2) It is shall be unlawful for any person, long-term care
490 facility, or other entity to knowingly or willfully take action
491 or retaliate against any resident, employee, or other person for
492 filing a complaint with, providing information to, or otherwise
493 cooperating with a any representative of the office, the state
494 council, or a local council.
495 (3) Any person, long-term care facility, or other entity
496 that violates this section:
497 (a) Is Shall be liable for damages and equitable relief as
498 determined by law;.
499 (b) Commits a misdemeanor of the first second degree,
500 punishable as provided in s. 775.083; and.
501 (c) Is subject to a civil fine of up to $5,000 per
502 occurrence for violations of subsection (1) and a civil fine of
503 up to $10,000 per occurrence for violations of subsection (2).
504 Any fine imposed under this paragraph shall be paid to the
505 agency and deposited into the Quality of Long-Term Care Facility
506 Improvement Trust Fund and used for the creation and support of
507 a statewide resident council.
508 (4) The legal advocate may pursue legal and civil remedies
509 for violations of this section.
510 Section 11. Section 400.0087, Florida Statutes, is amended
511 to read:
512 400.0087 Department oversight; funding.—
513 (1) The department shall meet the costs associated with the
514 State Long-Term Care Ombudsman Program from Funds appropriated
515 to the department by the Legislature to meet the costs of the
516 State Long-Term Care Ombudsman Program must be expended by the
517 department for that purpose it.
518 (a) The nonprofit organization administering the ombudsman
519 program shall develop and submit a budget to the department
520 which includes shall include the costs associated with the
521 administrative support of the State Long-Term Care Ombudsman
522 Program. The department shall submit the organization’s budget
523 when developing its budget requests for consideration by the
524 Governor and submittal to the Legislature.
525 (b) The department may divert from the federal ombudsman
526 appropriation an amount equal to the department’s administrative
527 cost ratio to cover the costs associated with administering the
528 program, which may not exceed 5 percent of the federal
529 appropriation. The remaining allotment from the Older Americans
530 Act program shall be expended on direct ombudsman activities.
531 (2) The department shall monitor the office, the state
532 council, and the local councils to ensure that it carries each
533 is carrying out the duties delegated to it by state and federal
534 law.
535 (3) The department is responsible for ensuring that the
536 office:
537 (a) Has the objectivity and independence required to
538 qualify it for funding under the federal Older Americans Act.
539 (b) Provides information to public and private agencies,
540 legislators, and others.
541 (c) Provides appropriate training to representatives of the
542 office or of the state or local councils.
543 (d) Coordinates ombudsman services with the Advocacy Center
544 for Persons with Disabilities and with providers of legal
545 services to residents of long-term care facilities in compliance
546 with state and federal laws.
547 (4) The department shall also:
548 (a) Receive and disburse state and federal funds for
549 purposes that the ombudsman has formulated in accordance with
550 the Older Americans Act.
551 (b) Whenever the ombudsman deems appropriate necessary, act
552 as liaison between agencies and branches of the federal and
553 state governments and the State Long-Term Care Ombudsman
554 Program.
555 Section 12. Subsections (1) and (2) of section 400.0091,
556 Florida Statutes, are amended to read:
557 400.0091 Training.—The ombudsman shall ensure that
558 appropriate training is provided to all employees of the office
559 and to the members of the state and local councils.
560 (1) All state and local council members and employees of
561 the office shall be given a minimum of 30 20 hours of training
562 upon employment with the office or approval as a state or local
563 council member and 12 10 hours of continuing education annually
564 thereafter.
565 (2) The ombudsman shall approve the curriculum for the
566 initial and continuing education training, which must, at a
567 minimum, address:
568 (a) Resident confidentiality.
569 (b) Guardianships and powers of attorney.
570 (c) Medication administration.
571 (d) Care and medication of residents with dementia and
572 Alzheimer’s disease.
573 (e) Accounting for residents’ funds.
574 (f) Discharge rights and responsibilities.
575 (g) Cultural sensitivity.
576 (h) Person-centered care initiatives.
577 (i)(h) Any other topic recommended by the ombudsman
578 secretary.
579 Section 13. This act shall take effect July 1, 2012.
