400.0081 Access to facilities, residents, and records. - Florida Statutes

400.0081 Access to facilities, residents, and records.

   (1) A long-term care facility shall provide the office, the state council and its members, and the local councils and their members access to:

   (a) Any portion of the long-term care facility and any resident as necessary to investigate or resolve a complaint.

   (b) Medical and social records of a resident for review as necessary to investigate or resolve a complaint, if:

   1. The office 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 has no legal representative.

   (c) Medical and social records of the resident as necessary to investigate or resolve a complaint, if:

   1. A legal representative or guardian of the resident refuses to give permission;

   2. The office has reasonable cause to believe that the representative or guardian is not acting in the best interests of the resident; and

   3. The state or local council member obtains the approval of the ombudsman.

   (d) The 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 ombudsman and the state council, 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.