The amendments are to simplify the complaint procedures by reducing the number of disposition codes, removing a reference to an outdated internal form and an unnecessary deadline in the closure proctocol.

 

DEPARTMENT OF ELDER AFFAIRS

Long-Term Care Ombudsman Program

RULE NO.:RULE TITLE:

58L-1.0011Definitions.

58L-1.007Complaint Procedures

PURPOSE AND EFFECT: The amendments are to simplify the complaint procedures by reducing the number of disposition codes, removing a reference to an outdated internal form and an unnecessary deadline in the closure proctocol.

SUMMARY: The amendments to these definitions and complaint procedures simplify the closure codes by reducing the number of disposition codes down to three, in addition to removing a reference to an outdated internal complaint form number and eliminating an unnecessary deadline within the program's internal complaint referral process.

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.

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 amendments to the rule are not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a) F.S. No increase in regulatory costs are anticipated as a result of these rule changes.

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 F.S.

LAW IMPLEMENTED: 400.0071 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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 5 days before the workshop/meeting by contacting: Angela Andrews at [e-mail]. 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: DeErica Culver, Agency Clerk, at [e-mail] or 4040 Esplanade Way, Tallahassee, FL 32399.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

58L-1.0011 Definitions. 

In addition to the terms defined in Section 400, Part I, F.S., the following terms are defined in this rule chapter: 

(1) No change. 

(2) COMPLAINT INVESTIGATION DISPOSITION CODES. 

(a) Partially or fully resolved; NO ACTION NEEDED: The complaint/problem required no action. 

(b) Withdrawn or no action needed; NOT RESOLVED: The complaint/problem was not addressed to the satisfaction of the resident or complainant. 

(c) No action needed. PARTIALLY RESOLVED: The complaint/problem has been addressed to some degree to the satisfaction of the resident or complainant, but not completely. 

(d) REFERRED, AGENCY DID NOT SUBSTANTIATE: The complaint/problem was referred to an agency having jurisdiction over the complaint/problem, but the complaint/problem was not substantiated. 

(e) REFERRED, AGENCY FAILED TO ACT: The complaint/problem was referred to an agency having jurisdiction over the complaint/problem, but the agency failed to act. 

(f) REFERRED, NO REPORT: The complaint/problem was referred to an agency having jurisdiction over the complaint/problem, but no report of final outcome by the agency was obtained. 

(g) REQUIRES GOVERNMENT POLICY, REGULATORY OR LEGISLATIVE CHANGE TO RESOLVE: The complaint/problem may be resolved only by governmental order or enactment of changes in law, regulation or policy. 

(h) RESOLVED: The complaint/problem was addressed to the satisfaction of the resident or complainant. 

(i) WITHDRAWN: The complaint was withdrawn by the complainant or resident, the case was discontinued at the option of the ombudsman, or the resident or complainant died before final disposition of the complaint investigation. 

(3) through (5) no change.   

Rulemaking Authority 400.0070, 400.0071 FS. Law Implemented 400.0070, 400.0071, 400.0073, 400.0075 FS. History–New 3-18-10, 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) RECEIVING COMPLAINTS. 

(a) Any person may make a written or verbal complaint to the Office of State Long-Term Care Ombudsman or its representatives. A complaint may be anonymous. 

(b) The receipt of a complaint by the DOM, or designee, triggers the opening of a case as defined in Rule 58L-1.0011, F.A.C. 

1. The DOM, or designee, must code complaints based on the requirements of the National Ombudsman Reporting System published by the U.S. Department of Health and Human Services, Administration on Aging. 

2. The DOM, or designee, must complete and provide a Case Investigation Form DOEA Form LTCOP-001 to the ombudsman conducting the investigation. DOEA Form LTCOP-001, Case Investigation, March 2010, is hereby incorporated by reference and available from the Department of Elder Affairs, Office of the State Long-Term Care Ombudsman, 4040 Esplanade Way, Tallahassee, Florida 32399-7000. The form may also be obtained at the following Web site: http://elderaffairs.state.fl.us/english/ruleform/LTCOP-001.doc. 

(2) INVESTIGATIVE PROTOCOL. 

(a) through (c) No change. 

(d) Investigations must be closed within 120 calendar days after receiving the complaint unless additional time is requested by the ombudsman and granted by the regional office manager (ROM), or designee. The ROM, or designee, may grant an extension of the 120 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, or designee. 

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

1. Complete a Case Investigation Form DOEA Form LTCOP-0001, using disposition codes referenced in subparagraph (1)(b)1., of this rule. 

2. Contact the resident, or representative, to inform him or her of the preliminary disposition, pending the review and final approval of the DOM, or designee, pursuant to paragraph (f), of this subsection. 

3. Conduct an exit interview with the facility administrator, or designee, to discuss preliminary complaint findings, if any; to discuss preliminary remedial action to be taken, if any; to discuss 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. 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. 

Rulemaking Authority 400.0071 FS. Law Implemented 400.0071, 400.0073, 400.0075 FS. History–New 3-18-10, Amended 7-4-17, Amended       . 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Terri Cantrell, State Long-Term Care Ombudsman

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michelle Branham, Secretary, DOEA

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 21, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 06/07/2024