Legislative Matter

Miami-Dade Legislative Item
File Number: 082625

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Clerk's Official Copy

File Number: 082625

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-1072-08

Control: Board of County Commissioners

File Name: MIAMI-DADE ELDER ABUSE TASK FORCE

Introduced: 9/12/2008

Requester: NONE

Cost:

Final Action: 10/7/2008

Agenda Date: 10/7/2008

Agenda Item Number: 11A19

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 [SEE ORIGINAL ITEM UNDER FILE NO. 082377]

Indexes:

ELDERLY ABUSE

Sponsors:	Rebeca Sosa, Prime Sponsor
	Budget and Finance Committee
	Jose "Pepe" Diaz, Co-Sponsor
	Carlos A. Gimenez, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Joe A. Martinez, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Dennis C. Moss, Co-Sponsor
	Dorrin D. Rolle, 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

Board of County Commissioners	10/7/2008	11A19	Adopted				P

County Attorney	9/12/2008		Assigned	Jess M. McCarty

Budget and Finance Committee	9/9/2008	2U AMENDED	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Chairman Martinez and Commissioner Gimenez asked that they be listed as co-sponsors. Commissioner Sosa noted the County needed to defend the elderly by permitting the use of cameras in nursing homes. She explained assisted living facilities needed to be able to communicate with Haitians. Chairman Martinez clarified this proposed resolution would permit the use of cameras, and not mandate their use. In response to Chairman Martinez’s inquiry regarding the nursing home choosing not to use cameras and the patient choosing to waive its right to the use of a camera, Assistant County Attorney McCarty advised the language of this proposal would allow a nursing home patient or family member to install a camera, with or without, approval of the nursing home. Responding to Chairman Martinez’s comments regarding the damage to the cameras, Commissioner Sosa asked that this proposed resolution be amended to add penalties to the nursing home or assisted living facility (ALF) for damage to the “granny camera,” to require the nursing home or ALF to notify a family member of damage to the “granny camera” within 24 hours of the “granny camera” being damaged. She emphasized the importance of assisted living facilities recording vital medical information for the elderly in case of emergency. Commissioner Diaz questioned the specific location of the camera in the nursing home or the assisted living facility. Ms. Betty Jimenez, Senior Advocate, Department of Human Services, noted the specific location of the cameras would be defined by the Florida Legislature. She clarified the cameras could be placed in the commons areas and the bedroom. She explained the intent of the cameras was to combat elderly abuse, and the cameras would only be in the rooms where an elderly person could be abused. Commissioner Diaz asked that he be listed as a co-sponsor. He noted he would withdraw his support of this proposal if the cameras were in any general area besides the patient’s room for privacy issues. In response to Commissioner Sorenson’s concern regarding the nursing home or assisted living facility charging fees for patients to mount a camera, Commissioner Sosa asked that this proposed resolution be amended to add language that no special assessment could be made for a patient to have a “granny camera” and the “granny camera” could have no implications to the family members who decided to have the camera. Hearing no other questions or comments, the Committee proceeded to vote on this proposed resolution, as amended to add penalties to the nursing home or assisted living facility (ALF) for damage to the “granny camera,” to require the nursing home or ALF to notify a family member of damage to the “granny camera” within 24 hours of the “granny camera” being damaged, to add clarifying language that the “granny cameras” could only be placed in the common areas and the bedroom, to include language prohibiting unreasonable fees for installing a “granny camera,” and to add language that no special assessment could be made for a patient to have a “granny camera” and the “granny camera” could have no implications to the family members who decided to have the camera.

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,including (i) requirements that nursing homes advise residents and their families within 24 hours if cameras malfunction, (ii) penalties for nursing homes that damage, disconnect or obscure cameras, and (iii) a prohibition on nursing homes charging unreasonable fees or costs for the installation of such cameras;1
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.

1 Committee amendments are indicated as follows: words double-stricken through are deleted, words double-underlined are added.