The purpose of this proposed rule amendment is to extend the complaint investigation deadlines, amend the designation of authority to approve deadline extensions, and eliminate disclosure of information that could include the identities of the ...

 

DEPARTMENT OF ELDER AFFAIRS

Long-Term Care Ombudsman Program

RULE NOS.:RULE TITLES:

58L-1.007Complaint Procedures

58L-1.008Administrative Assessment

PURPOSE AND EFFECT: The purpose of this proposed rule amendment is to extend the complaint investigation deadlines, amend the designation of authority to approve deadline extensions, and eliminate disclosure of information that could include the identities of the complainants or residents involved in a complaint.

SUMMARY: The proposed rule amendments address complaint investigations, administrative assessment procedures, and disclosure of information.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

It will also have no impact on small cities or counties as defined in section 120.52, F.S.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 400.0071, 400.0073, 400.0075, FS.

LAW IMPLEMENTED: 400.0071 400.0073, 400.0075, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: May 24, 2017, 3:00 p.m. – 5:00 p.m.

PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 301, Tallahassee, Florida 32399-7000.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 72 days before the workshop/meeting by contacting: Zaynab Salman, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000; telephone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Zaynab Salman, Department of Elder Affairs, Long-Term Care Ombudsman Program, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, Telephone Number: [phone], email address [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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) An investigation is initiated when an ombudsman makes contact with the complainant or resident. The investigation must be initiated no later than 7 business calendar days after the district ombudsman manager receives the complaint.

(b) through (c) No change

(d) Investigations must be closed within 120 90 calendar days after receiving the complaint unless additional time is requested by the ombudsman and granted by the regional office manager (ROM), DOM or designee. The DOM ROM, or designee, may grant an extension of the 120 90 calendar day period when the ombudsman is unable to complete the investigation due to circumstances beyond his or her control. Such circumstances may be:

1. The investigation is undergoing legal or administrative proceedings;

2. One of the parties is ill and cannot participate in the investigation;

3. There is an act of God or a designated threat to public safety that warrants an extension; or

4. Any other circumstance that warrants an extension in the opinion of the ROM DOM, or designee.

(e) No change

3. No change

4. Inform the administrator, or designee, that an official report of the findings will be submitted after review and final approval by the DOM, or designee, pursuant to paragraph (f) of this subsection.

4.5. Submit the complaint investigation form and documentation to the DOM, or designee, within 14 calendar days after the exit interview.

(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.

2. The facility may submit written comments regarding the summary to the DOM, or designee, within 7 calendar days from the date on the summary letter in order to be considered as part of the complaint record.

Rulemaking Authority 400.0071 FS. Law Implemented 400.0071, 400.0073, 400.0075 FS. History–New 3-18-10., Amended _____.

 

58L-1.008 Administrative Assessment.

(1) An onsite administrative assessment must be conducted on long-term care facilities annually. The annual period for conducting an assessment is the federal reporting year, which is October 1 through September 30.

(2) By October 1 of each year, the district ombudsman manager (DOM), or designee, must identify all facilities within the local council’s jurisdiction and develop a plan to conduct assessments by September 30 of the following year.

(3) The assessment must focus on factors affecting residents’ rights, health, safety, and welfare as seen from the residents’ perspectives.

(4) At the conclusion of the assessment visit, the ombudsman should:

(a) Identify the issues or and concerns perceived by the residents or noted by the ombudsman;

(b) Identify those issues or and concerns that were addressed or corrected by facility staff during the assessment visit;

(c) Identify those issues or and concerns that remain to be addressed or corrected;

(d) Conduct an exit consultation with the facility administrator, or administrator designee, to discuss the issues or and concerns and make recommendations for improvement, if any; and

(e) Submit the assessment to the DOM, or designee, after completing the exit consultation.

(5) After review of the assessment, the DOM, or designee, must submit a summary report to the facility administrator, or administrator designee.

Rulemaking Authority 400.0071 FS. Law Implemented 400.0060(1), 400.0071, 400.0074 FS. History–New 8-1-12., Amended______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Milliken

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeffrey Bragg

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 09, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 04/07/17