Florida Administrative Code
58 - DEPARTMENT OF ELDER AFFAIRS
58L - Long-Term Care Ombudsman Program
Chapter 58L-1 - LONG-TERM CARE OMBUDSMAN - CONFIDENTIALITY
Section 58L-1.007 - Complaint Procedures
Universal Citation: FL Admin Code R 58L-1.007
Current through Reg. 50, No. 187; September 24, 2024
This rule outlines the procedures for receiving and conducting complaint investigations on behalf of residents in long-term care facilities.
(1) RECEIVING COMPLAINTS.
(a) Any person may make a written or verbal complaint to the
Office of State Long-Term Care Ombudsman or its representatives. A complaint
may be anonymous.
(b) The receipt of a complaint by the DOM, or designee,
triggers the opening of a case as defined in Rule 58L-1.0011, F.A.C.
1. The DOM, or designee, must code complaints based on the
requirements of the National Ombudsman Reporting System published by the U.S.
Department of Health and Human Services, Administration on Aging.
2. The DOM, or designee, must complete and provide a Case
Investigation Form to the ombudsman conducting the investigation.
(2) INVESTIGATIVE PROTOCOL.
(a) An investigation is initiated when an ombudsman makes
contact with the complainant or resident. The investigation must be initiated
no later than 7 business days after the district ombudsman manager (DOM)
receives the complaint.
(b) To the extent possible, the ombudsman must make every
effort to visit the resident, or representative or immediate family member on
whose behalf the complaint was filed. If unable to do so, the ombudsman must
document the reason why he or she was unable to visit the resident, or
representative or immediate family member.
(c) The complaint investigation must focus on the rights,
health, safety and welfare of the resident or residents and may include direct
observation, interviews with residents and other individuals, and record
reviews, as permitted in Section 400.0081, F.S.
(d) Investigations must be closed within 120 calendar days
after receiving the complaint unless additional time is requested by the
ombudsman and granted by the regional office manager (ROM), or designee. The
ROM, or designee, may grant an extension of the 120 calendar day period when
the ombudsman is unable to complete the investigation due to circumstances
beyond his or her control. Such circumstances may be:
1. The investigation is undergoing legal or administrative
proceedings,
2. One of the parties is ill and cannot participate in the
investigation,
3. There is an act of God or a designated threat to public
safety that warrants an extension, or
4. Any other circumstance that warrants an extension in the
opinion of the ROM, or designee.
(e) At the conclusion of a case investigation, the ombudsman
must:
1. Complete a Case Investigation Form, using disposition
codes referenced in subparagraph (1)(b)1., of this rule.
2. Contact the resident, or representative, to inform him or
her of the preliminary disposition, pending the review and final approval of
the DOM, or designee, pursuant to paragraph (f), of this subsection.
3. Conduct an exit interview with the facility administrator,
or designee, to discuss preliminary complaint findings, if any; to discuss
preliminary remedial action to be taken, if any; to discuss preliminary target
dates for the remedial action to be corrected, if warranted.
4. Submit the complaint investigation form and documentation
to the DOM, or designee, within 14 calendar days after the exit
interview.
(f) The DOM, or designee, must review and approve the
complaint investigation.
Rulemaking Authority 400.0071 FS. Law Implemented 400.0071, 400.0073, 400.0075 FS.
New 3-18-10, Amended 7-4-17.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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