(1) A long-term care facility shall provide representatives of the State Long-Term Care Ombudsman Program with access to:
(a) The long-term care facility and its residents.
Terms Used In Florida Statutes 400.0081
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Representative of the State Long-Term Care Ombudsman Program: means the state ombudsman, an employee of the state or district office certified as an ombudsman, or an individual certified as an ombudsman serving on the state or a local council. 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 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) Where appropriate, medical and social records of a resident for review if:
1. The representative of the State Long-Term Care Ombudsman Program has the permission of the resident or the legal representative of the resident; or
2. The resident is unable to consent to the review and does not have a legal representative.
(c) Medical and social records of a resident as necessary to investigate a complaint, if:
1. A legal representative or guardian of the resident refuses to give permission;
2. The representative of the State Long-Term Care Ombudsman Program has reasonable cause to believe that the legal representative or guardian is not acting in the best interests of the resident; and
3. The representative of the State Long-Term Care Ombudsman Program obtains the approval of the state ombudsman.
(d) Administrative records, policies, and documents to which residents or the general public have access.
(e) Upon request, copies of all licensing and certification records maintained by the state with respect to a long-term care facility.
(2) The department, in consultation with the state ombudsman, may adopt rules to establish procedures to ensure access to facilities, residents, and records as described in this section.