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.