eLaws of Florida

  SECTION 400.0081. Access to facilities, residents, and records.  


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  • 1(1) 2A long-term care facility shall provide representatives of the State Long-Term Care Ombudsman Program with access to:
    19(a) 20The long-term care facility and its residents.
    27(b) 28Where appropriate, medical and social records of a resident for review if:
    401. 41The representative of the State Long-Term Care Ombudsman Program has the permission of the resident or the legal representative of the resident; or
    642. 65The resident is unable to consent to the review and does not have a legal representative.
    81(c) 82Medical and social records of a resident as necessary to investigate a complaint, if:
    961. 97A legal representative or guardian of the resident refuses to give permission;
    1092. 110The 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
    1413. 142The representative of the State Long-Term Care Ombudsman Program obtains the approval of the state ombudsman.
    158(d) 159Administrative records, policies, and documents to which residents or the general public have access.
    173(e) 174Upon request, copies of all licensing and certification records maintained by the state with respect to a long-term care facility.
    194(2) 195The 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.
History.-ss. 11, 30, ch. 93-177; s. 131, ch. 2000-349; s. 51, ch. 2000-367; s. 15, ch. 2006-121; s. 14, ch. 2015-31; s. 46, ch. 2016-10.