CRC - 2017 P 88
By Commissioner Heuchan
heuchanb-00089B-17 201788__
1 A proposal to create
2 a new section in Article I of the State Constitution
3 to establish certain rights for residents of assisted
4 living facilities and nursing home facilities in this
5 state.
6
7 Be It Proposed by the Constitution Revision Commission of
8 Florida:
9
10 A new section is added to Article I of the State
11 Constitution to read:
12 ARTICLE I
13 DECLARATION OF RIGHTS
14 Nursing Home and Assisted Living Facility Residents’ Bill
15 of Rights.—
16 (a) In addition to any other rights provided by law, the
17 residents of nursing home facilities and assisted living
18 facilities are entitled to be treated courteously, fairly, and
19 with the fullest measure of dignity by the facilities’ owners,
20 operators, employees, professionals, and others who care for
21 residents at such facilities.
22 (b) The right to be treated courteously, fairly, and with
23 the fullest measure of dignity includes, but is not limited to:
24 (1) The right to adequate and appropriate health care and
25 treatment that puts the residents’ needs and best interests
26 first.
27 (2) The right to a safe, clean, comfortable, and homelike
28 environment that protects residents from harm and takes into
29 account this state’s challenges with respect to climate and
30 natural disasters.
31 (3) The right to access courts and a jury system that
32 allows for a speedy trial and relief and remedies, without
33 limitations, for loss, injury, and damages caused to residents
34 and their families by the abuse, negligence, neglect,
35 exploitation, or violation of residents’ rights by the
36 facilities’ owners, operators, employees, professionals, and
37 others who care for residents at such facilities.
38 (4) The right to know and hold accountable all persons or
39 entities who own or operate the facilities, including the
40 persons who are the owners of entities which own or operate the
41 facilities.
42 (5) The right that the facilities will have the financial
43 resources or liability insurance in order to ensure that
44 residents and their families are justly compensated for any
45 loss, injury, and damage they suffer because of abuse,
46 negligence, neglect, exploitation, or violations of residents’
47 rights by owners, operators, employees, professionals, and
48 others who care for residents at such facilities.
49 (6) The right to have the state require and implement
50 regular accountability, audit, and review programs that oversee
51 the facilities, require annual cost reports for reimbursement,
52 and safeguard the health and quality of life of the facilities’
53 residents.
54 (c) Nursing home facilities and assisted living facilities,
55 including the owners, operators, employees, professionals, and
56 others who care for residents at such facilities, may not
57 solicit, require, or ask residents, their families, their legal
58 representatives, and their duly appointed guardians to waive the
59 rights of residents provided herein or by other laws.
60 (d) Any rights granted under this section do not dissolve
61 upon the death or incapacity of a resident. Upon the death or
62 incapacity of a resident, such resident’s heirs, estate, family
63 members, legal representatives, or other appropriate persons are
64 entitled to any of the rights granted under this section and as
65 may be provided by general law.
66 (e) This section is self-executing and does not require any
67 implementing legislation or administrative rules. The
68 legislature may enact legislation that protects, furthers, and
69 enhances the rights established by this section. In addition, an
70 executive branch agency may adopt rules, in accordance with
71 general law, that protect, further, and enhance the rights of
72 residents established by this section.
73 (f) Any statute, rule, common law, or other law that is
74 inconsistent with the rights granted under this section is
75 preempted.