CRC - 2017 CS for P 88 By the Committee on Declaration of Rights; and Commissioner Heuchan 305-00191-17 201788c1 1 A proposal to create 2 a new section in Article I of the State Constitution to 3 establish certain rights for residents of assisted living 4 facilities and nursing home facilities in this state. 5 6 Be It Proposed by the Constitution Revision Commission of 7 Florida: 8 9 A new section is added to Article I of the State 10 Constitution to read: 11 ARTICLE I 12 DECLARATION OF RIGHTS 13 Nursing Home and Assisted Living Facility Residents’ Bill 14 of Rights.— 15 (a) In addition to any other rights provided by law, the 16 residents of nursing home facilities and assisted living 17 facilities are entitled to be treated courteously, fairly, and 18 with the fullest measure of dignity by the facilities’ owners, 19 operators, employees, professionals, and others who care for 20 residents at such facilities. 21 (b) The right to be treated courteously, fairly, and with 22 the fullest measure of dignity includes, but is not limited to: 23 (1) The right to adequate and appropriate health care and 24 treatment that prioritizes the residents’ needs and best 25 interests. 26 (2) The right to a safe, clean, comfortable, and homelike 27 environment that protects residents from harm and includes 28 reasonable precautions to safeguard them from adverse effects 29 caused by extreme climatic conditions and natural disasters. 30 (3) The right to access courts and a jury system that 31 allows for a speedy trial and relief and remedies, without 32 limitations, for loss, injury, and damages caused to residents 33 and their families by the abuse, negligence, neglect, 34 exploitation, or violation of residents’ rights by the owners, 35 operators, employees, professionals, and others who care for 36 residents at such facilities. 37 (4) The right to know and hold accountable all persons or 38 entities who either directly or indirectly own or operate the 39 facilities. 40 (5) The right that the facilities will have the financial 41 resources or liability insurance sufficient to ensure that 42 residents and their families are justly compensated for any 43 loss, injury, and damage they suffer because of abuse, 44 negligence, neglect, exploitation, or violations of residents’ 45 rights by owners, operators, employees, professionals, and 46 others who care for the residents at such facilities. 47 (c) Nursing home facilities and assisted living facilities, 48 including the owners, operators, employees, professionals, and 49 others who care for residents at such facilities, may not 50 solicit, require, or ask residents to waive the rights provided 51 herein or by other laws. Nothing in this section shall be 52 construed to mean that residents are prohibited from voluntarily 53 waiving the rights provided herein or by other laws. 54 (d) Any rights granted under this section do not dissolve 55 upon the death or incapacity of a resident. Upon the death or 56 incapacity of a resident, such resident’s heirs, estate, family 57 members, legal representatives, or other appropriate persons are 58 entitled to any of the rights granted under this section and as 59 may be provided by general law. 60 (e) A nursing home or assisted living facility resident may 61 not be deprived of any right on the basis of their admission to 62 or their residence in a nursing home or assisted living 63 facility. 64 (f) This section is self-executing and does not require any 65 implementing legislation or administrative rules.