2002 Florida Code
TITLE XXXVII INSURANCE
Chapter 651 CONTINUING CARE CONTRACTS  
651.085   Quarterly meetings between residents and the governing body of the provider; resident representation before the governing body of the provider.

651.085  Quarterly meetings between residents and the governing body of the provider; resident representation before the governing body of the provider.--

(1)  The governing body of a provider, or the designated representative of the provider, shall hold quarterly meetings with the residents of the continuing care facility for the purpose of free discussion of subjects including, but not limited to, income, expenditures, and financial trends and problems as they apply to the facility, as well as a discussion on proposed changes in policies, programs, and services. Upon request of the residents' organization, a member of the governing body of the provider, such as a board member, a general partner, or a principal owner shall attend such meetings. Residents shall be entitled to at least 7 days' advance notice of each quarterly meeting. An agenda and any materials that will be distributed by the governing body or representative of the provider shall be posted in a conspicuous place at the facility and shall be available upon request to residents of the facility. The department shall request verification from a facility that quarterly meetings are held and open to all residents when it receives a complaint from the residents' council that a facility is not in compliance with the provisions of this subsection. In addition, a facility shall report to the department in the annual report required under s. 651.026 the dates on which quarterly meetings were held during the reporting period.

(2)  A residents' organization formed pursuant to s. 651.081, members of which are elected by the residents, may organize a meeting of the majority of the residents of the facility to determine whether to elect a resident to represent them before the governing body of the provider. If no residents' organization exists, any resident may organize a meeting of the majority of the residents of the facility to determine whether to elect a resident to represent them before the governing body and, if applicable, elect the representative. The residents' organization, or the resident that convenes a meeting of residents to make the determination or elect a representative, shall give all residents of the facility at least 7 days' notice in a conspicuous place at the facility.

(3)  The designated representative shall be notified at least 14 days in advance of any meeting of the full governing body at which proposed changes in resident fees or services will be discussed. The representative shall be invited to attend and participate in that portion of the meeting designated for the discussion of such changes.

(4)  At a quarterly meeting prior to the implementation of any increase in the monthly maintenance fee, the designated representative of the provider must provide the reasons, by department cost centers, for any increase in the fee that exceeds the most recently published Consumer Price Index for all Urban Consumers, all items, Class A Areas of the Southern Region. Nothing in this subsection shall be construed as placing a cap or limitation on the amount of any increase in the monthly maintenance fee, establishing a presumption of the appropriateness of the Consumer Price Index as the basis for any increase in the monthly maintenance fee, or limiting or restricting the right of a provider to establish or set monthly maintenance fee increases.

History.--s. 1, ch. 77-323; s. 252, ch. 79-400; ss. 11, 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 14, 31, 33, 35, ch. 83-328; s. 1, ch. 92-56; ss. 7, 12, ch. 93-22.