58A-6.007. Participant Care Standards

(1) The Center shall make a statement or summary statement of policies and procedures for Participant care available to Participants, to the responsible person, to the public, and to each member of the Center Staff. The statement or summary statement shall be displayed in a conspicuous place in the facility.

(2) The Center Staff shall be trained to implement these policies and procedures, as specified in the Orientation and Training Plan.

(3) Participant care, policies, and procedures shall ensure that, as a minimum, all Participants admitted to the Center:

(a) Are informed of provisions for service as evidenced by written acknowledgment from the Participant or responsible party prior to or at the time of admission, given a statement or summary statement of the Center’s policies and procedures, given an explanation of the Participant’s responsibility to comply with these policies and procedures and respect the personal rights and private property of other Participants;

(b) Are informed, and are given a written statement prior to or at the time of admission and during stay, of services available at the Center, and any related charges, including charges for services that are not provided free, not covered by third party payments, or not covered by the facility’s basic per diem rate. This statement shall include the payment, fee, deposit, and refund policy of the Center;

(c) Are promptly informed of substantive changes in policies, procedures, services, and rates;

(d) Are informed during the admission process, in writing, of the Center’s Comprehevsive Emergency Management Plan;

(e) Are informed during the admission process of the local emergency management agency’s registry of disabled persons who need assistance during evacuations or when in shelters because of physical or mental handicaps and the assistance provided by Center staff to register such persons with the local emergency management agency;

(f) Are allowed to retain the services of their personal physician at their own expense or under a health care plan; are informed of the services provided by the Center, and are offered the opportunity to participate in the planning of their care;

(g) Are free from abuse, neglect, and exploitation as defined in Section 415.102, F.S., and free from chemical and physical restraints. Drugs and other medications shall not be used for punishment, convenience of Staff, or in quantities that interfere with a Participant’s rehabilitation or Activities of Daily Living;

(h) Are given privacy in the treatment of their personal and medical records;

(i) Are treated with consideration, respect, and full recognition of their dignity, individuality, and right to privacy;

(j) Are not required to perform services for the Center;

(k) Are permitted to associate and communicate privately with persons of their choice, join with other Participants or individuals within or outside the Center to work for improvements in Participant care, and, upon his or her request, shall be given assistance in the reading and writing of correspondence;

(l) Are permitted to participate in social, religious, community, or group activities of their choice while at the Center;

(m) Are permitted to exercise civil and religious liberties, including the right to independent personal decisions. No religious beliefs or practices, or any attendance at religious services, shall be imposed upon any Participant. The Center shall encourage and assist in the exercise of these rights;

(n) Are not the object of discrimination with respect to participation in activities which include recreation, meals, leisure, other social activities because of age, race, religion, sex, or nationality as defined in Title VI of the Civil Rights Act of 1964, or the Americans with Disabilities Act of 1990;

(o) Are not deprived of any constitutional, civil, or legal right solely by reason of admission to the Center;

(p) For protection of the Participants, are allowed to discharge themselves from the Center upon presentation of a request, preferably in writing; or, if the Participant is an adjudicated mental incompetent, upon the written consent of his next of kin, sponsor, guardian, or responsible person. However, if assessed by social workers, center Staff, or responsible persons at the time of intake as confused, the Participant shall not be allowed to discharge himself until after the Center notifies the Participant’s guardian, spouse, or person having durable power of attorney;

(q) Are informed of the right to report abusive, neglectful, exploitative or fraudulent practices.

(4) The Center shall not be required to accept or retain any applicant or Participant whose behavior and physical limitations are deemed hazardous to the safety of the individual or other Participants. Such conditions shall constitute a basis for termination of Center participation. Participation may be terminated after reasonable alternatives have failed, and upon written notification of the Participant, guardian and responsible person. Fifteen calendar days shall be allowed for arranging for alternative services for the Participant except in cases of emergency as determined by the Governing Authority or Operator of the center.

(5) All ADRD Participants involuntarily discharged from a Center designated as a Specialized Alzheimer’s services adult day care center pursuant to Section 429.918, F.S., must be:

(a) Informed of any Significant Change in the ADRD participant’s condition such as a deterioration or improvement in the ability to carry out Activities of Daily Living; a deterioration in behavior or mood to the point where daily problems arise or an improvement to the point that these problems are eliminated; or a substantial deterioration in health status or reversal of such status, as documented in the ADRD Participant’s case file notes;

(b) Informed that the Center is unable to meet the ADRD Participant’s needs, as determined by the Owner or Operator;

(c) Provided with an appropriate discharge plan, including suggested transition options for the ADRD Participant to facilitate and ensure continuity of care. Fifteen (15) calendar days shall be allowed for arranging for alternative services for the ADRD Participant except in cases of emergency as determined by the Governing Authority of the Center.

(d) Informed of monthly health assessments and monthly updates, in each ADRD Participant’s file regarding the ADRD Participant’s status or progress toward meeting the goals indicated in his or her individualized plan of care.

Rulemaking Authority 429.929, 429.918(12) FS. Law Implemented 429.918 FS. History–New 7-8-81, Amended 2-27-84, Formerly 10A-6.07, 10A-6.007, 59A-16.007, Amended 11-9-95, 3-29-98, 10-23-01, 8-3-15.