2011 Florida Statutes
TITLE XXIX — PUBLIC HEALTH
Chapter 400 — NURSING HOMES AND RELATED HEALTH CARE FACILITIES
PART I — LONG-TERM CARE FACILITIES: OMBUDSMAN PROGRAM
400.0073 — State and local ombudsman council investigations.

400.0073 State and local ombudsman council investigations.—

(1) A local council shall investigate, within a reasonable time after a complaint is made, any complaint of a resident, a representative of a resident, or any other credible source based on an action or omission by an administrator, an employee, or a representative of a long-term care facility which might be:

(a) Contrary to law;

(b) Unreasonable, unfair, oppressive, or unnecessarily discriminatory, even though in accordance with law;

(c) Based on a mistake of fact;

(d) Based on improper or irrelevant grounds;

(e) Unaccompanied by an adequate statement of reasons;

(f) Performed in an inefficient manner; or

(g) Otherwise adversely affecting the health, safety, welfare, or rights of a resident.

(2) In an investigation, both the state and local councils have the authority to hold public hearings.

(3) Subsequent to an appeal from a local council, the state council may investigate any complaint received by the local council involving a long-term care facility or a resident.

(4) If the ombudsman or any state or local council member is not allowed to enter a long-term care facility, the administrator of the facility shall be considered to have interfered with a representative of the office, the state council, or the local council in the performance of official duties as described in s. 400.0083(1) and to have committed a violation of this part. The ombudsman shall report a facility s refusal to allow entry to the agency, and the agency shall record the report and take it into consideration when determining actions allowable under s. 400.102, s. 400.121, s. 429.14, s. 429.19, s. 429.69, or s. 429.71.

History.—s. 29, ch. 75-233; s. 3, ch. 76-168; s. 10, ch. 77-401; s. 1, ch. 77-457; ss. 8, 12, ch. 80-198; ss. 4, 6, ch. 81-184; ss. 2, 3, ch. 81-318; s. 4, ch. 82-46; ss. 16, 19, ch. 82-148; ss. 37, 79, 83, ch. 83-181; ss. 7, 29, 30, ch. 93-177; s. 49, ch. 93-217; s. 761, ch. 95-148; s. 127, ch. 2000-349; s. 47, ch. 2000-367; s. 1, ch. 2001-45; s. 10, ch. 2006-121; s. 22, ch. 2006-197; s. 76, ch. 2007-5; s. 53, ch. 2007-230.

Note.—Former s. 400.314.