Access. , Complaint Procedures

DEPARTMENT OF ELDER AFFAIRS
Long-Term Care Ombudsman Program

RULE NO: RULE TITLE
58L-1.005: Access.
58L-1.007: Complaint Procedures

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 41, October 16, 2009 issue of the Florida Administrative Weekly.

58L-1.005 Access.

(1) No change.

(2) Upon entering a long-term care facility to conduct ombudsman activities, the ombudsman must identify himself or herself to the administrator or designee prior to conducting any ombudsman activities.

(3) No change.

Rulemaking Authority 400.0081(2) FS. Law Implemented 400.0081 FS. History–New 7-31-95, Formerly 58L-3.001, Amended________.

 

58L-1.007 Complaint Procedures.

This rule outlines the procedures for receiving and conducting complaint investigations on behalf of residents in long-term care facilities.

(1) No change.

(2) INVESTIGATIVE PROTOCOL.

(a) through (d) No change.

(e) At the conclusion of a case investigation, the ombudsman must:

1. through 2. No change.

3. Conduct an exit interview with the facility administrator, or designee, to discuss preliminary complaint findings, if any; to discuss agree upon preliminary remedial action to be taken, if any; to discuss agree upon preliminary target dates for the remedial action to be corrected, if warranted; and to provide an opportunity for the administrator, or designee, to submit written comments to the DOM, or designee, within 3 calendar days after the exit interview in order to be part of the complaint record.

4. through 5. No change.

(f) The DOM, or designee, must review and approve the complaint investigation.

1. Within 14 calendar days after case closure as defined in Rule 58L-1.0011, F.A.C., the DOM, or designee, must submit a written summary of the case disposition to the resident or representative, and the facility. The summary must include any changes to the preliminary agreed upon complaint findings, remedial actions to be taken and target dates.

2. No change.

Rulemaking Authority 400.0071 FS. Law Implemented 400.0071, 400.0073, 400.0075 FS. History–New_______.