reglab/housing_qa huggingface dataset:
FL Stat § 400.0070 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091)|400.0070 - Conflicts of interest.

400.0070 Conflicts of interest.—(1) A representative of the State Long-Term Care Ombudsman Program may not:(a) Have a direct involvement in the licensing or certification of, or an ownership or investment interest in, a long-term care facility or a provider of a long-term care service.(b) Be employed by, or participate in the management of, a long-term care facility.(c) Receive, or have a right to receive, directly or indirectly, remuneration, in cash or in kind, under a compensation agreement with the owner or operator of a long-term care facility.(2) Each representative of the State Long-Term Care Ombudsman Program shall certify that he or she does not have a conflict of interest.(3) The department, in consultation with the state ombudsman, shall define by rule:(a) Situations that constitute a conflict of interest which could materially affect the objectivity or capacity of an individual to serve as a representative of the State Long-Term Care Ombudsman Program while carrying out the purposes of the State Long-Term Care Ombudsman Program as specified in this part.(b) The procedure by which an individual listed in subsection (2) must certify that he or she does not have a conflict of interest.History.—s. 8, ch. 2006-121; s. 7, ch. 2015-31; s. 45, ch. 2016-10.
FL Stat § 400.0071 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091)|400.0071 - State Long-Term Care Ombudsman Program complaint procedures.

400.0071 State Long-Term Care Ombudsman Program complaint procedures.—The department, in consultation with the state ombudsman, shall adopt rules implementing state and local complaint procedures. The rules must include procedures for receiving, investigating, identifying, and resolving complaints concerning the health, safety, welfare, and rights of residents.History.—s. 28, ch. 75-233; s. 3, ch. 76-168; s. 9, ch. 77-401; s. 1, ch. 77-457; ss. 7, 12, ch. 80-198; ss. 4, 6, ch. 81-184; ss. 2, 3, ch. 81-318; s. 4, ch. 82-46; ss. 36, 79, 83, ch. 83-181; ss. 16, 29, 30, ch. 93-177; s. 49, ch. 93-217; s. 126, ch. 2000-349; s. 46, ch. 2000-367; s. 24, ch. 2002-223; s. 9, ch. 2006-121; s. 8, ch. 2015-31.Note.—Former s. 400.311.
FL Stat § 400.0073 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091)|400.0073 - State and local ombudsman council investigations.

400.0073 State and local ombudsman council investigations.—(1) A representative of the State Long-Term Care Ombudsman Program shall identify and investigate, within a reasonable time after a complaint is made, by or on behalf of a resident relating to actions or omissions by providers or representatives of providers of long-term care services, other public agencies, guardians, or representative payees which may adversely affect the health, safety, welfare, or rights of residents.(2) 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.(3) If a representative of the State Long-Term Care Ombudsman Program 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 State Long-Term Care Ombudsman Program in the performance of official duties as described in s. 400.0083(1) and to have violated this part. The representative of the State Long-Term Care Ombudsman Program shall report a facility’s refusal to allow entry to the state ombudsman or his or her designee, who shall report the incident 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; s. 9, ch. 2015-31.Note.—Former s. 400.314.
FL Stat § 400.0077 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091)|400.0077 - Confidentiality.

400.0077 Confidentiality.—(1) The following are confidential and exempt from the provisions of s. 119.07(1):(a) Resident records held by the ombudsman or by the state or a local ombudsman council.(b) The names or identities of the complainants or residents involved in a complaint, including any problem identified by an ombudsman council as a result of an investigation, unless:1. The complainant or resident, or the legal representative of the complainant or resident, consents to the disclosure in writing;2. The complainant or resident consents orally and the consent is documented contemporaneously in writing by the ombudsman council requesting such consent; or3. The disclosure is required by court order.(c) Any other information about a complaint, including any problem identified by an ombudsman council as a result of an investigation, unless an ombudsman council determines that the information does not meet any of the criteria specified in 1s. 119.14(4)(b); or unless the information is to collect data for submission to those entities specified in s. 712(c) of the federal Older Americans Act for the purpose of identifying and resolving significant problems.(2) That portion of an ombudsman council meeting in which an ombudsman council discusses information that is confidential and exempt from the provisions of s. 119.07(1) is closed to the public and exempt from the provisions of s. 286.011.(3) All other matters before the council shall be open to the public and subject to chapter 119 and s. 286.011.(4) Members of any state or local ombudsman council shall not be required to testify in any court with respect to matters held to be confidential under s. 429.14 except as may be necessary to enforce the provisions of this act.(5) Subject to the provisions of this section, the Office of State Long-Term Care Ombudsman shall adopt rules for the disclosure by the ombudsman or local ombudsman councils of files maintained by the program.(6) This section does not limit the subpoena power of the Attorney General pursuant to s. 409.920(10)(b).History.—ss. 31, 32, ch. 75-233; s. 3, ch. 76-168; s. 12, ch. 77-401; s. 1, ch. 77-457; ss. 10, 12, ch. 80-198; ss. 4, 6, ch. 81-184; ss. 2, 3, ch. 81-318; s. 4, ch. 82-46; ss. 39, 79, 83, ch. 83-181; s. 18, ch. 90-347; ss. 9, 29, 30, ch. 93-177; s. 49, ch. 93-217; s. 225, ch. 96-406; s. 3, ch. 2000-163; s. 129, ch. 2000-349; s. 49, ch. 2000-367; s. 18, ch. 2004-344; s. 23, ch. 2006-197; s. 33, ch. 2009-223.1Note.—Repealed by s. 1, ch. 95-217.Note.—Former s. 400.321.
FL Stat § 400.0078 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091)|400.0078 - Citizen access to State Long-Term Care Ombudsman Program services.

400.0078 Citizen access to State Long-Term Care Ombudsman Program services.—(1) The office shall establish a statewide toll-free telephone number and e-mail address for receiving complaints concerning matters adversely affecting the health, safety, welfare, or rights of residents.(2) Upon admission to a long-term care facility, each resident or representative of a resident must receive information regarding:(a) The purpose of the State Long-Term Care Ombudsman Program.(b) The statewide toll-free telephone number and e-mail address for receiving complaints.(c) Information that retaliatory action cannot be taken against a resident for presenting grievances or for exercising any other resident right.(d) Other relevant information regarding how to contact representatives of the State Long-Term Care Ombudsman Program.Each resident or his or her representative must be furnished additional copies of this information upon request.History.—s. 4, ch. 99-394; s. 13, ch. 2006-121; s. 12, ch. 2015-31; s. 3, ch. 2015-126.
FL Stat § 400.0079 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091)|400.0079 - Immunity.

400.0079 Immunity.—(1) Any person making a complaint pursuant to this part who does so in good faith shall be immune from any liability, civil or criminal, that otherwise might be incurred or imposed as a direct or indirect result of making the complaint.(2) Representatives of the State Long-Term Care Ombudsman Program are immune from any liability, civil or criminal, that otherwise might be incurred or imposed during the good faith performance of official duties.History.—s. 33, ch. 75-233; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 10, 29, 30, ch. 93-177; s. 49, ch. 93-217; s. 130, ch. 2000-349; s. 50, ch. 2000-367; s. 14, ch. 2006-121; s. 13, ch. 2015-31.Note.—Former s. 400.324.
FL Stat § 400.0081 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091)|400.0081 - Access to facilities, residents, and records.

400.0081 Access to facilities, residents, and records.—(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.(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; or2. 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; and3. 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.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.
FL Stat § 400.0083 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091)|400.0083 - Interference; retaliation; penalties.

400.0083 Interference; retaliation; penalties.—(1) A person, long-term care facility, or other entity may not willfully interfere with a representative of the State Long-Term Care Ombudsman Program in the performance of official duties.(2) A person, long-term care facility, or other entity may not knowingly or willfully take action or retaliate against any resident, employee, or other person for filing a complaint with, providing information to, or otherwise cooperating with any representative of the State Long-Term Care Ombudsman Program.(3) A person, long-term care facility, or other entity that violates this section:(a) Is liable for damages and equitable relief as determined by law.(b) Commits a misdemeanor of the second degree, punishable as provided in s. 775.083.History.—ss. 12, 30, ch. 93-177; s. 132, ch. 2000-349; s. 52, ch. 2000-367; s. 16, ch. 2006-121; s. 15, ch. 2015-31.
FL Stat § 400.0087 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091)|400.0087 - Department oversight; funding.

400.0087 Department oversight; funding.—(1) The department shall meet the costs associated with the State Long-Term Care Ombudsman Program from funds appropriated to it.(a) The department shall include the costs associated with support of the State Long-Term Care Ombudsman Program when developing its budget requests for consideration by the Governor and submittal to the Legislature.(b) The department may divert from the federal ombudsman appropriation an amount equal to the department’s administrative cost ratio to cover the costs associated with administering the State Long-Term Care Ombudsman Program. The remaining allotment from the Older Americans Act program shall be expended on direct ombudsman activities.(2) The department shall monitor the State Long-Term Care Ombudsman Program, the state council, and the local councils to ensure that each is carrying out the duties delegated to it by state and federal law.(3) The department is responsible for ensuring that the State Long-Term Care Ombudsman Program:(a) Has the objectivity and independence required to qualify it for funding under the federal Older Americans Act.(b) Provides information to public and private agencies, legislators, and others.(c) Provides appropriate training to representatives of the State Long-Term Care Ombudsman Program.(d) Coordinates ombudsman services with Disability Rights Florida, the Advocacy Center for Persons with Disabilities and with providers of legal services to residents of long-term care facilities in compliance with state and federal laws.(4) The department shall also:(a) Receive and disburse state and federal funds for purposes that the state ombudsman has formulated in accordance with the Older Americans Act.(b) Whenever necessary, act as liaison between agencies and branches of the federal and state governments and the State Long-Term Care Ombudsman Program.History.—ss. 13, 30, ch. 93-177; s. 43, ch. 95-196; s. 133, ch. 2000-349; s. 53, ch. 2000-367; s. 25, ch. 2002-223; s. 18, ch. 2006-121; s. 16, ch. 2015-31; s. 47, ch. 2016-10.
FL Stat § 400.0089 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091)|400.0089 - Complaint data reports.

400.0089 Complaint data reports.—The State Long-Term Care Ombudsman Program shall maintain a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities and to residents for the purpose of identifying and resolving complaints. Information pertaining to the number and types of complaints received by the State Long-Term Care Ombudsman Program shall be published quarterly and made readily available and shall include such information in the annual report required under s. 400.0065.History.—ss. 14, 30, ch. 93-177; s. 44, ch. 95-196; s. 116, ch. 99-8; s. 16, ch. 2000-263; s. 134, ch. 2000-349; s. 54, ch. 2000-367; s. 26, ch. 2002-223; s. 37, ch. 2003-1; s. 19, ch. 2006-121; s. 17, ch. 2015-31.
FL Stat § 400.0091 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part I - Long-Term Care Facilities: Ombudsman Program (Ss. 400.0060-400.0091)|400.0091 - Training.

400.0091 Training.—The state ombudsman shall ensure that appropriate training is provided to all representatives of the State Long-Term Care Ombudsman Program.(1) All representatives of the State Long-Term Care Ombudsman Program shall be given a minimum of 20 hours of training upon employment with the State Long-Term Care Ombudsman Program or appointment as an ombudsman. Ten hours of training in the form of continuing education is required annually thereafter.(2) The state ombudsman shall approve the curriculum for the initial and continuing education training, which must, at a minimum, address:(a) Resident confidentiality.(b) Guardianships and powers of attorney.(c) Medication administration.(d) Care and medication of residents with dementia and Alzheimer’s disease.(e) Accounting for residents’ funds.(f) Discharge rights and responsibilities.(g) Cultural sensitivity.(h) Any other topic related to residency in a long-term care facility.(3) An individual other than the state ombudsman may not hold himself or herself out as a representative of the State Long-Term Care Ombudsman Program or conduct any authorized program duty described in this part unless the individual has received the training required by this section and has been certified by the state ombudsman as qualified to carry out ombudsman activities on behalf of the office or the state or local councils.History.—ss. 15, 30, ch. 93-177; s. 135, ch. 2000-349; s. 55, ch. 2000-367; s. 32, ch. 2001-62; s. 27, ch. 2002-223; s. 20, ch. 2006-121; s. 18, ch. 2015-31.
FL Stat § 400.011 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.011 - Purpose.

400.011 Purpose.—The purpose of this part is to provide for the development, establishment, and enforcement of basic standards for:(1) The health, care, and treatment of persons in nursing homes and related health care facilities; and(2) The maintenance and operation of such institutions that will ensure safe, adequate, and appropriate care, treatment, and health of persons in such facilities.History.—s. 1, ch. 69-309; s. 1, ch. 70-361; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 3, 79, 83, ch. 83-181; s. 30, ch. 93-177; ss. 1, 49, ch. 93-217; s. 28, ch. 2000-141; s. 34, ch. 2001-186; s. 3, ch. 2001-372.
FL Stat § 400.0234 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.0234 - Availability of facility records for investigation of resident’s rights violations and defenses; penalty.

400.0234 Availability of facility records for investigation of resident’s rights violations and defenses; penalty.—(1) Failure to provide complete copies of a resident’s records, including, but not limited to, all medical records and the resident’s chart, within the control or possession of the facility in accordance with s. 400.145 shall constitute evidence of failure of that party to comply with good faith discovery requirements and shall waive the good faith certificate and presuit notice requirements under this part by the requesting party.(2) No facility shall be held liable for any civil damages as a result of complying with this section.History.—s. 6, ch. 2001-45.
FL Stat § 400.0235 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.0235 - Certain provisions not applicable to actions under this part.

400.0235 Certain provisions not applicable to actions under this part.—An action under this part for a violation of rights or negligence recognized under this part is not a claim for medical malpractice, and the provisions of s. 768.21(8) do not apply to a claim alleging death of the resident.History.—s. 7, ch. 2001-45.
FL Stat § 400.0236 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.0236 - Statute of limitations.

400.0236 Statute of limitations.—(1) Any action for damages brought under this part shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued.(2) In those actions covered by this subsection in which it can be shown that fraudulent concealment or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended forward 2 years from the time that the injury is discovered with the exercise of due diligence, but in no event for more than 6 years from the date the incident giving rise to the injury occurred.(3) This section shall apply to causes of action that have accrued prior to the effective date of this section; however, any such cause of action that would not have been barred under prior law may be brought within the time allowed by prior law or within 2 years after the effective date of this section, whichever is earlier, and will be barred thereafter. In actions where it can be shown that fraudulent concealment or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended forward 2 years from the time that the injury is discovered with the exercise of due diligence, but in no event more than 4 years from the effective date of this section.History.—s. 8, ch. 2001-45.
FL Stat § 400.051 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part II - Nursing Homes (Ss. 400.011-400.334)|400.051 - Homes or institutions exempt from the provisions of this part.

400.051 Homes or institutions exempt from the provisions of this part.—(1) The following shall be exempt from the provisions of this part:(a) Any facility, institution, or other place operated by the Federal Government or a federal agency.(b) Any hospital, as defined in s. 395.002, that is licensed under chapter 395.(c) Any facility, together with improvements or additions thereto, which has existed and operated continuously in this state for at least 60 years on or before July 1, 1989, and is directly or indirectly owned and operated by a nationally recognized fraternal organization, is not open to the public, and accepts only its own members and their spouses as residents.(2) Any facility or institution operated by and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any organized church or religious denomination, shall be exempt from the provisions of this part. However, such facility or institution shall comply with all applicable laws and rules relating to sanitation and safety.History.—s. 4, ch. 69-309; s. 4, ch. 70-361; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 8, 79, 83, ch. 83-181; s. 1, ch. 88-411; s. 30, ch. 93-177; ss. 7, 49, ch. 93-217; s. 5, ch. 94-206; s. 2, ch. 94-317; s. 34, ch. 98-89; s. 40, ch. 98-171; s. 210, ch. 99-13; s. 57, ch. 2007-230.