Miami-Dade Legislative Item
File Number: 082377
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File Number: 082377 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Budget and Finance Committee
File Name: URGING USE OF CAMERAS IN NURSING HOMES Introduced: 8/20/2008
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number:
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE, THE FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, AND THE FLORIDA DEPARTMENT OF ELDER AFFAIRS TO IMPLEMENT THE RECOMMENDATIONS OF THE MIAMI-DADE ELDER ABUSE TASK FORCE INCLUDING EXPRESSLY PERMITTING THE USE OF “GRANNY CAMERAS” IN NURSING HOMES TO DETER ELDER ABUSE AND NEGLECT; REQUIRING ASSISTED LIVING FACILITIES TO HAVE VITAL MEDICAL INFORMATION AVAILABLE ON STANDARDIZED FORMS 24 HOURS A DAY; AND CHANGING ADMINISTRATIVE PROCEDURE TO PROVIDE CERTIFICATION EXAMINATIONS FOR ASSISTED LIVING FACILITIES IN CREOLE IN ADDITION TO ENGLISH AND SPANISH
Indexes: ASSISTED LIVING
  ELDERLY ABUSE
  HEALTH CARE
  LEGISLATURE
Sponsors: Rebeca Sosa, Prime Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Katy Sorenson, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Budget and Finance Committee 9/9/2008 2U Withdrawn
REPORT: See Report Under Agenda Item 2U AMENDED, Legislative File No. 082625.

County Attorney 8/20/2008 Assigned Jess M. McCarty 9/25/2008

County Attorney 8/20/2008 Referred Budget and Finance Committee 9/9/2008

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE, THE FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, AND THE FLORIDA DEPARTMENT OF ELDER AFFAIRS TO IMPLEMENT THE RECOMMENDATIONS OF THE MIAMI-DADE ELDER ABUSE TASK FORCE INCLUDING EXPRESSLY PERMITTING THE USE OF “GRANNY CAMERAS” IN NURSING HOMES TO DETER ELDER ABUSE AND NEGLECT; REQUIRING ASSISTED LIVING FACILITIES TO HAVE VITAL MEDICAL INFORMATION AVAILABLE ON STANDARDIZED FORMS 24 HOURS A DAY; AND CHANGING ADMINISTRATIVE PROCEDURE TO PROVIDE CERTIFICATION EXAMINATIONS FOR ASSISTED LIVING FACILITIES IN CREOLE IN ADDITION TO ENGLISH AND SPANISH

BODY

WHEREAS, Resolution R-1311-03 authorized the County Manager to form the Elder Abuse Task Force to make recommendations to the Board of County Commissioners (the "Board") on issues addressing the detection and prevention of elder abuse and/or neglect in Assisting Living Facilities (“ALFs”), nursing homes, convalescent homes, or other facilities that house or care for the elderly in Miami-Dade County; and
WHEREAS, representatives from state and local governments as well as the private sector participated in the Elder Abuse Task Force; and
WHEREAS, by memorandum dated February 15, 2006, the County Manager provided a report and recommendations of the Elder Abuse Task Force, a copy of which is attached and incorporated by reference; and
WHEREAS, several of the recommendations of the Elder Abuse Task Force consisted of state legislative and administration changes, including:
1. Changing state law to expressly permit the use of cameras in nursing homes to monitor the care of elderly residents and guard against elder abuse;
2. Changing state law to require that all ALFs have standardized transfer forms of vital medical information available 24 hours a day for emergency responders, including legislation that would grant the Florida Department of Elder Affairs specific rulemaking authority to mandate that all ALFs use a formalized transfer form of vital information that must be available 24 hours a day for emergency responders;
3. Changing state administrative procedure to provide certification examinations for ALFs in Creole in addition to English and Spanish; and
WHEREAS, “granny cameras” installed in nursing homes allow the monitoring of nursing homes residents in order to ensure quality care and deter elder abuse and neglect, similar to “nanny cams”; and
WHEREAS, Florida law currently does not recognize the right of a nursing home resident to install surveillance cameras; and
WHEREAS, Texas and New Mexico have both passed laws expressly permitting the use of cameras in nursing homes with certain restrictions to protect privacy rights; and
WHEREAS, the Florida Legislature would have to pass legislation, similar to that passed in Texas and New Mexico, to expressly permit the use of cameras in nursing homes; and
WHEREAS, ALFs are facilities that are licensed by the state and that provide housing, meals, personal care services, and supportive services to older persons and disabled adults who are unable to live independently; and
WHEREAS, ALFs are intended to be an alternative to nursing homes for individuals who need housing and supportive services, but who do not need 24-hour nursing supervision; and
WHEREAS, under current law, ALFs are not required to have vital health information on standardized forms available 24 hours a day; and
WHEREAS, having such standardized forms available 24 hours a day could be important to emergency responders and could save lives when minutes count; and
WHEREAS, the current State of Florida ALF certification examination is provided in English and Spanish; and
WHEREAS, the community and ALF clients would be better served by the increase in certified ALFs that would result if the examinations are also offered in Creole,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature, the Florida Agency for Health Care Administration and the Florida Department of Elder Affairs to pass legislation implementing the recommendations of the Miami-Dade Elder Abuse Task Force, including:
1. Expressly permitting the use of cameras in nursing homes to guard against elder abuse and neglect;
2. Requiring ALFs to have vital medical information available on standardized forms 24 hours a day;
3. Changing administrative procedure to provide certification examinations for ALFs in Creole in addition to English and Spanish.
Section 2. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor, Senate President, House Speaker, Chair and members of the Miami-Dade State Legislative Delegation, the Secretary of the Florida Agency for Health Care Administration and the Secretary of the Florida Department of Elder Affairs.



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