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.