59A-8.002. Definitions  

Effective on Wednesday, July 27, 2016
  • 1(1) “Accrediting organization” means the Community Health Accreditation Program, The Joint Commission, or Accreditation Commission for Health Care.

    19(2) “AHCA” means Agency for Health Care Administration.

    27(3) “Assistance with activities of daily living” means a certified nursing assistant or a home health aide provides to the patient individual assistance with activities of daily living, including the following:

    58(a) Ambulation. Providing physical support to enable the patient to move about within or outside of the patient’s place of residence. Physical support includes holding the patient’s hand, elbow, under the arm, or holding on to a support belt worn by the patient to assist in providing stability or direction while the patient ambulates.

    112(b) Bathing. Helping the patient in and out of the bathtub or shower being available while the patient is bathing. Can also include washing and drying the patient.

    140(c) Dressing. Helping patients, who require assistance in dressing themselves, put on and remove clothing.

    155(d) Eating. Helping with feeding patients who require assistance in feeding themselves.

    167(e) Personal hygiene. Helping the patient with shaving. Assisting with oral, hair, skin and nail care.

    183(f) Toileting. Reminding the patient about using the toilet, assisting him to the bathroom, helping to undress, positioning on the commode, and helping with related personal hygiene, including assistance with changing of an adult brief. Also includes assisting with positioning the patient on the bedpan, and helping with related personal hygiene.

    234(g) Assistance with physical transfer. Providing verbal and physical cueing, physical assistance, or both while the patient moves from one position to another, for example between the following: a bed, chair, wheelchair, commode, bathtub or shower, or a standing position. Transfer can also include use of a mechanical lift, if a home health aide is trained in its use.

    293(h) Assistance with self-administered medication, as defined in subsection 30259A-8.0095(5), 303F.A.C.

    304(4) “Caregiver” means a person who has been entrusted with or has assumed the responsibility for frequent and regular care of or services to a disabled adult or an elderly person on a temporary or permanent basis and who has a commitment, agreement, or understanding with that person or that person’s guardian that a caregiver role exists. Caregivers include, for example, relatives, household members, guardians, friends, neighbors, and employees and volunteers of facilities.

    377(5) “Case management” means the initial assessment of the patient and caregiver for appropriateness of and acceptance for home health services; establishment and periodic review of a plan of care; implementation of medical treatment when ordered; referral, follow-up, provision of, evaluation of and supervision of care; coordination of services given by other health care providers; and documentation of all activities and findings.

    439(6) “DCF” means the Department of Children and Family Services.

    449(7) “Dietetics and nutrition practice” means assessing nutrition needs and status using appropriate data; recommending dietary regimens, nutrition support, and nutrient intake; improving the patient’s health status through nutrition counseling and education.

    481(8) “Dietitian/Nutritionist” means a person licensed to engage in dietetics and nutrition practice pursuant to Chapter 468, F.S.

    499(9) “Drop-off site” means any location in any county within the geographic service area of the main office, pursuant to subsection 52059A-8.003(9), 521F.A.C.

    522(10) “Emergency Management Plan” means a comprehensive plan developed by the home health agency describing how the agency will prepare for and respond in an emergency, pursuant to Rule 55159A-8.027, 552F.A.C.

    553(11) “Employee leasing company” means a company licensed and regulated under Chapter 468, Part XI, F.S. A leasing company handles the payroll and taxes on leased employees. While an employee leasing company pays the withholding taxes, the employee is still considered a direct employee, as defined in Section 601468.534, F.S., 603of the home health agency.

    608(12) “FBI” means the Federal Bureau of Investigation.

    616(13) “FDLE” means the Florida Department of Law Enforcement.

    625(14)”Financial instability” means the home health agency cannot meet its financial obligation. Evidence such as the issuance of bad checks or an accumulation of delinquent bills shall constitute prima facie evidence that the ownership of the home health agency lacks the financial ability to operate. Evidence also includes the Medicare or Medicaid program’s indications or determination of financial instability or fraudulent handling of government funds by the home health agency.

    695(15) “Full-time equivalent” means when an employee works between 37 to 40 hours per week.

    710(16) “Geographic service area” means one or more counties within a health service planning district defined in Section 728408.032(5), F.S., 730as specified on the license, in which the home health agency may send its personnel to provide home health services to patients in their places of residence.

    757(17) “Home infusion therapy services” means teaching, assessment, evaluation and clinical services related to the administration of intravenous substances provided by a professional licensed under Chapter 464, 458 or 459, F.S.

    788(18) “Licensed nurse,” as defined in Sections 796464.003(4) 797and 798464.003(5), F.S., 800means a registered nurse licensed to practice professional nursing or a licensed practical nurse licensed to practice nursing under the direction of a physician or registered nurse pursuant to Chapter 464, F.S.

    832(19) “Main office” means the primary office established in the county which houses all components of the home health agency including the administration, fiscal management, service provision and supplies.

    861(20) “Nursing care” means treatment of the patient’s illness or injury by a registered nurse or a licensed practical nurse that is ordered as required in Section 888400.487(2), F.S. 890and included in the plan of care.

    897(21) “Nutrition assessment” means the evaluation of the nutrition needs of the patient using appropriate data to determine nutrient needs or status and make nutrition recommendations for the patient.

    926(22) “Nutrition counseling” means advising and assisting the patient on appropriate nutrition intake by integrating information from the nutrition assessment.

    946(23) “Occupational therapist” means a person licensed to practice occupational therapy pursuant to Chapter 468, F.S.

    962(24) “Occupational therapy assistant” means a person licensed to assist in the practice of occupational therapy pursuant to Chapter 468, F.S.

    983(25) “Patient” means an individual who receives home health services in one’s place of residence.

    998(26) “Plan of Care” means a coordinated plan, which includes the treatment orders, prepared by the case manager in collaboration with each professional discipline providing service to the patient and caregiver.

    1029(27) “Physical therapist” means a person licensed to practice physical therapy pursuant to Chapter 486, F.S.

    1045(28) “Physical therapy assistant” means a person licensed to assist in the practice of physical therapy pursuant to Chapter 486, F.S.

    1066(29) “Physician” means a doctor of medicine, osteopathy, podiatry, or chiropractic legally authorized to practice in the state pursuant to Chapter 458, 459, 460 or 461, F.S. Physicians working in Veterans Administration hospitals and clinics are exempt from state licensure according to Chapter 458, F.S.

    1111(30) “Providing one service directly” means the agency must provide one service, in part, by direct employees.

    1128(31) “Quality assurance plan” means a plan which is developed and implemented by a home health agency to review and evaluate the effectiveness and appropriateness of service provision to patients and, upon identification of problems, requires specific action to correct the problems and deficiencies.

    1172(32) “Respiratory therapist” means a person licensed to practice respiratory therapy pursuant to Chapter 468, F.S.

    1188(33) “Satellite office” means a related office established in the same geographic service area as the main office, pursuant to subsection 120959A-8.003(7), 1210F.A.C.

    1211(34) “Social Worker” means a person who has a degree in social work and who works with patients and families to help them adjust to the social and emotional factors related to the patient’s health problems.

    1247(35) “Special needs patients” pursuant to Section 1254252.355, F.S., 1256means those persons who have physical or mental conditions that require limited medical and nursing oversight during emergency evacuations. They are medically dependent individuals who are not acutely ill.

    1285(36) “Special needs registry” pursuant to Section 1292252.355, F.S., 1294means a registry maintained by the local emergency management agency of persons who need assistance during evacuations and sheltering because of physical or mental handicaps.

    1319(37) “Speech pathologist” means a person licensed to practice speech pathology or audiology pursuant to Chapter 468, F.S.

    1337(38) “Treatment orders” means written orders signed by a physician, physician assistant, or advanced registered nurse practitioner, acting within his or her respective scope of practice, which authorizes the provision of care or treatment to a patient in his place of residence by licensed Nurses, Physical Therapists, Occupational Therapists, Speech Therapists, or Dietitians/Nutritionists.

    1390Rulemaking Authority 1392400.497 FS. 1394Law Implemented 1396400.462, 1397400.487 FS. 1399History–New 4-19-76, Formerly 10D-68.02, Amended 4-30-86, 8-10-88, 5-30-90, 5-27-92, Formerly 10D-68.002, Amended 4-27-93, 10-27-94, 1-17-00, 7-18-01, 9-22-05, 8-15-06, 3-29-07, 7-11-13, 7-27-16.


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