Confidentiality and Disclosure, Access. , Conflict of Interest, Complaint Procedures

DEPARTMENT OF ELDER AFFAIRS
Long-Term Care Ombudsman Program

RULE NO: RULE TITLE
58L-1.001: Confidentiality and Disclosure
58L-1.005: Access.
58L-1.006: Conflict of Interest
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-1.001 Confidentiality and Disclosure.

(1) No change.

(2) REQUIREMENTS.

(a) Individuals specified in subsection (1) of this rule must be aware of follow the requirements in this subsection regarding the confidentiality and disclosure of information involving complaint files in the performance of their duties:

1. through 2. No change.

(b) No change.

Rulemaking Authority 400.0077(5) FS. Law Implemented 400.0077 FS. History–New 7-25-95, Amended________.

 

58L-1.005 Access.

(1) Long-term care facilities must be aware of the following the provisions below regarding an ombudsman’s access to the facility, residents and records:

(a) through (b) No change.

(2) through (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-1.006 Conflict of Interest.

(1) PROHIBITIONS.

(a) In addition to the conflict of interest prohibitions set forth in Section 400.0070(1), F.S., and Title VII, Chapter 2 of the Older Americans Act of 1965, as amended in 2006, 42 U.S.C. § 3058g(f), the following situations constitute prohibited conflicts of interest involving an ombudsman; an ombudsman’s immediate family member; an officer, employee or representative of the Office of State Long-Term Care Ombudsman or of the state or district long-term care ombudsman councils:

1. through 5. No change.

6. Accepting, or having an immediate family member accepting, substantial or consequential gifts or gratuities from a long-term care facility, facility owner, administrator, resident or resident’s representative;

7. through 9. No change.

(b) No change.

(2) No change.

Rulemaking Authority 400.0070 FS. Law Implemented 400.0070 FS. History–New_______.

 

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 (b) No change.

(c) The complaint investigation must focus on the rights, health, safety and welfare of the resident or residents and may include direct observation, interviews with residents and other individuals, and record reviews, as permitted in 42 U.S.C., Section 3058g(b), and Section 400.0081, F.S.

(d) through (f) No change.

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