(1)(a) Any complaint verified by a representative of the State Long-Term Care Ombudsman Program as a result of an investigation which is determined by the local council to require remedial action may be identified and brought to the attention of the long-term care facility administrator subject to the confidentiality provisions of s. 400.0077. Upon receipt of the information, the administrator, with the concurrence of the representative of the State Long-Term Care Ombudsman Program, shall establish target dates for taking appropriate remedial action. If, by the target date, the remedial action is not completed or forthcoming, the representative of the State Long-Term Care Ombudsman Program may extend the target date if there is reason to believe such action would facilitate the resolution of the complaint, or the representative of the State Long-Term Care Ombudsman Program may refer the complaint to the district manager, who may refer the complaint to the state council.

Terms Used In Florida Statutes 400.0075

  • Agency: means the Agency for Health Care Administration. See Florida Statutes 400.0060
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the Department of Elderly Affairs. See Florida Statutes 400.0060
  • District: means a geographical area designated by the state ombudsman in which individuals certified as ombudsmen carry out the duties of the State Long-Term Care Ombudsman Program. See Florida Statutes 400.0060
  • Local council: means a local long-term care ombudsman council designated by the ombudsman pursuant to…. See Florida Statutes 400.0060
  • Long-term care facility: means a nursing home facility, assisted living facility, adult family-care home, board and care facility, or any other similar residential adult care facility. See Florida Statutes 400.0060
  • Ombudsman: means an individual who has been certified by the state ombudsman as meeting the requirements of ss. See Florida Statutes 400.0060
  • Resident: means an individual 18 years of age or older who resides in a long-term care facility. See Florida Statutes 400.0060
  • State council: means the State Long-Term Care Ombudsman Council created by…. See Florida Statutes 400.0060
  • State ombudsman: means the State Long-Term Care Ombudsman, who is the individual appointed by the Secretary of Elderly Affairs to head the State Long-Term Care Ombudsman Program. See Florida Statutes 400.0060
(b) If the representative of the State Long-Term Care Ombudsman Program determines that the health, safety, welfare, or rights of a resident are in imminent danger, the representative of the State Long-Term Care Ombudsman Program must immediately notify the district manager and local council chair. The district manager or local council chair, after verifying that such imminent danger exists, must notify the appropriate state agencies, including law enforcement agencies, the state ombudsman, and the legal advocate to ensure the protection of the resident.
(c) If the state ombudsman or legal advocate has reason to believe that the long-term care facility or an employee of the facility has committed a criminal act, the state ombudsman or legal advocate shall provide the local law enforcement agency with the relevant information to initiate an investigation of the case.
(2) Upon referral from a district or local council, the state ombudsman or his or her designee shall assume the responsibility for the disposition of the complaint. If a long-term care facility fails to take action to resolve or remedy the complaint, the state ombudsman may:

(a) In accordance with s. 400.0077, publicize the complaint, the recommendations of the local or state council, and the response of the long-term care facility.
(b) Recommend to the department and the agency a series of facility reviews pursuant to s. 400.19, s. 429.34, or s. 429.67 to ensure correction and nonrecurrence of the conditions that gave rise to the complaint against the long-term care facility.
(c) Recommend to the department and the agency that the long-term care facility no longer receive payments under any state assistance program, including Medicaid.
(d) Recommend to the department and the agency that procedures be initiated for action against the long-term care facility’s license in accordance with chapter 120.
(3) If the state ombudsman, after consultation with the legal advocate, has reason to believe that the long-term care facility or an employee of the facility has committed a criminal act, the state ombudsman shall provide the local law enforcement agency with the relevant information to initiate an investigation of the case.
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