Florida Administrative Code (Last Updated: November 11, 2024) |
59. Agency for Health Care Administration |
59A. Health Facility and Agency Licensing |
59A-26. Minimum Standards For Intermediate Care Facilities For The Developmentally Disabled |
1(1) The admission of an individual to an ICF/DD must be under the supervision of the administrator of the facility.
21(2) Individuals shall only be admitted after completion of a written admission agreement. The agreement must be in effect at all times while the individual is a client of the facility. The agreement must be reviewed bi-annually for revisions by the licensee and the client or client’s representative. Either party may initiate revision to the agreement at any time. No agreement or any provision thereof shall be construed to relieve any licensee of any requirement or obligation imposed upon it by Chapter 400, Part VIII, Chapter 408, Part II, F.S., and this rule. Such agreements must be maintained by the licensee for at least five years after each client’s discharge from the facility, and assess no additional charges, expenses or other financial liabilities in excess of the provisions included in the admission contract. All charges for services not covered by Title XIX of the Social Security Act or not covered by the basic per diem rates of the licensee, for which the client or the client’s representative may be responsible for payment, must be specified in the admission contract.
200(3) The licensee must comply with the admission agreement. The admission agreement must include a description of the program and services to be provided, including:
225(a) The daily, weekly, or monthly rate and refund provisions for unused portions thereof;
239(b) Board;
241(c) Lodging;
243(d) Residential and nursing services;
248(e) Linen and furnishings;
252(f) Sufficient seasonal clothing as required by the client and applicable to the client’s needs for instances when the client or client’s representative does not provide sufficient clothing. Sufficient seasonal clothing must be provided and include a basic wardrobe for the client, including a five-day supply of sleepwear, socks, shoes, undergarments, outer clothing to include shirts, pants, or dresses; a winter coat; raingear; and personal grooming and hygiene items. The licensee must maintain an inventory of the client’s clothing and provide a copy of the inventory to the client or client’s representative within fourteen calendar days of a written request;
352(g) Training and assistance as required with activities of daily living;
363(h) The provision and maintenance of walkers, wheelchairs, dentures, eyeglasses, hearing aids and other orthotic, prosthetic or adaptive equipment as prescribed;
384(i) Therapies prescribed by the client’s individual habilitation or support plan including medical and nutritional therapies;
400(j) Transportation services including vehicles with lifts or other adaptive equipment when needed;
413(k) Other services prescribed in the client’s individual habilitation or support plan; and,
426(l) Provisions for providing a duplicate of the agreement to the client or client’s representative.
441(4) The following conditions apply to admission and retention of all clients:
453(a) Individuals must not be admitted to or retained in a facility if the licensee cannot provide, or arrange for the provision of, all services prescribed in the individual habilitation or support plan.
486(b) Clients who have been voluntarily admitted must not be held in a facility against their will.
503(c) The licensee must develop procedures to be implemented in the event that a voluntarily admitted client should decide to leave the facility against the recommendations of the interdisciplinary team. Procedures must include:
5361. Counseling by the facility social worker or QDDP with referrals made to the Agency for Persons with Disabilities and other professionals or advocates, as appropriate.
5622. If a client insists on leaving, the licensee will assist the client in locating an appropriate alternative placement.
581(5) Individuals who have a communicable disease must be evaluated by a physician prior to admission. If the physician’s evaluation finds the disease would endanger other clients of the facility, then the admission should be postponed until the communicable period has passed or appropriate precautions have been implemented by the facility staff.
633(6) A registered nurse must assess each newly admitted client within four hours after admission.
648(7) If a pre-existing medical condition exists, if medical problems are identified by the nursing admissions assessment, or if a client is admitted who does not have a complete medical record including medical history, positive physical findings, diagnosis, and signed physician’s orders for treatment, nursing care or diets, the client must be examined by the admitting physician within 96 hours of admission.
710Rulemaking Authority 712400.967 FS. 714Law Implemented 716400.967(2)(f) FS. 718History–New 12-21-15.