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.