The Agency is proposing to amend the rules governing Registration Requirements for Homemaker, Companion and Sitter Agencies to update forms incorporated by reference and remove duplicative language found in Chapter 408, Part II, F.S. and Rule 59A-35,...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-8.025Registration Requirements for Homemaker, Companion and Sitter Agencies

PURPOSE AND EFFECT: The Agency is proposing to amend the rules governing Registration Requirements for Homemaker, Companion and Sitter Agencies to update forms incorporated by reference and remove duplicative language found in Chapter 408, Part II, F.S. and Rule 59A-35, F.A.C. to conform to current statutory provisions. In addition, the minimum information to be included in client records will be added and geographic service areas for new registrations will be established as required in Section 400.497(8) and (9), F.S.

SUMMARY: The Agency is proposing to amend the rules governing Registration Requirements for Homemaker, Companion and Sitter Agencies to update forms incorporated by reference and remove duplicative language found in Chapter 408, Part II, F.S. and Rule 59A-35, F.A.C. to conform to current statutory provisions. In addition, the minimum information to be included in client records will be added and geographic service areas for new registrations will be established as required in 400.497(8) and (9), F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

A statement of estimated regulatory costs has been prepared for proposed rule revisions in Rule 59A-8.025, F.A.C., and is available from the person listed below. The following is a summary of the SERC:

For proposed rule subsection 59A-8.025, F.A.C., license fees are increased by the Consumer Price Index pursuant to Section 408.805(2), F.S. The biennial license fee will increase by $4.50. Based on the number of currently licensed facilities and projected growth, the total regulatory impact for a 5 year period is $10,980.00.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: A SERC has been prepared by the agency for Rule 59A-8.025. For rules listed where no SERC was prepared, the Agency prepared a checklist for each rule to determine the necessity for a SERC.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 400.497, 400.509, 408.805, 408.819 FS.

LAW IMPLEMENTED: 400.509, 400.462 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: February 26, 2015, 2:00p.m. – 3:00p.m.

PLACE: Agency for Health Care Administration, Ft. Knox Bldg. 3, Conference Room C, 2727 Mahan Drive, Tallahassee, FL 32308

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Noël Cronin Lawrence via e-mail: [e-mail] or by phone: [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Noël Cronin Lawrence via e-mail: [e-mail] or by phone: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-8.025 Registration Requirements for Homemaker and, Companion Services Providers and Sitter Agencies.

(1) Before any organization entity or individual shall directly or indirectly provide homemaker and, companion, or sitter services for elderly or disabled adults, it shall make application for and become registered by the AHCA.  Licensed home health agencies and nurse registries are exempt from registration for provision of homemakers, and companions, and sitters services.

(2) An application for renewal of registration or change of ownership, must be submitted to AHCA at least 60 days prior to the date of the expiration of the registration as required in 408.806(2), F.S. It is the responsibility of the homemaker, companion, or sitter service to submit an application within the specified time frames whether or not they receive separate notification from AHCA of the impending expiration of the registration.

(3) Application for initial, renewal and change of ownership registration to provide homemaker and, companion, or sitter services shall be made to the AHCA on the Health Care Licensing Application, Homemaker and Companion Services Provider, AHCA HRS Form 3110-1003,___2014 Aug. 1993, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, furnished for that. This form may be obtained online at http://ahca.myflorida.com/HQAlicensureforms from AHCA, 2727 Mahan Drive, Tallahassee, Florida 32308.  The application shall be filed biennially as required in 408.806, F.S. annually, under oath, and shall contain the following information:

(a) The name, address, date of birth, and social security number of the individual, or the name and address of the agency providing the service;

(b) If the registrant is a firm or partnership, the name, address, date of birth, and social security number of its directors and officers and the names and addresses of each person having at least 10 percent interest in the firm or partnership;

(c) The name, address, date of birth, and social security number of each person employed or under contract; and

(d) The renewal application must be received by the AHCA at least 30 days prior to expiration of the registration.

(4) A non-refundable fee of $50.75 $25 made payable to the Agency for Health Care Administration shall accompany each the application for registration.  State, county or municipal agencies applying for registration as an agency providing homemaker and, companion, or sitter services shall be exempt from payment of registration fees.

(5) The AHCA shall issue a certificate of registration valid for no more than two years, upon verification that all requirements for registration have been met.

(a) The certificate of registration shall be valid for no more than one year;

(b) Each certificate of registration shall be valid only for the person or agency for which it was issued;

(c) The certificate shall not be subject to sale, assignment, or other transfer;

(d) Upon change of ownership or classification, suspension, revocation, or voluntary cessation of operation, AHCA must be notified in writing at least 30 days prior to such action and the certificate of registration must be returned to the AHCA immediately.

(6) The AHCA shall deny, suspend, or revoke the registration of a person or agency which:

(a) Fails to comply with these rules;

(b) Causes to happen an intentional or negligent act which physically or materially affects the health or safety of a person receiving services.

(7) The AHCA will institute injunctive proceedings in a court of competent jurisdiction when violations of the provisions of Chapter 400, Part III, F.S., or any rules promulgated thereunder constitute an emergency affecting the immediate health and safety of a person receiving services.

(8) Any person or agency who offers or advertises to the public by any medium whatever that he provides homemaker, companion, or sitter services for which registration is required shall include in such advertising the registration number issued by the AHCA.

(9) It is unlawful for any person or agency to advertise to the public without first obtaining a valid certificate of registration from the AHCA.

(10)  It is unlawful for a holder of a certificate  to advertise or hold out to the public that he holds a certificate of registration for other than that for which he actually holds a certificate of registration.

(11) The homemaker, companion, or sitter service must inform the patient pursuant to Section 400.509(5), F.S.

(12) The AHCA shall make inspections and investigations by any duly authorized officer or employee of the AHCA as are necessary in order to respond to complaints or to determine compliance with the provisions of Chapter 400, Part III, F.S., and the rules adopted thereto.

(a) If, in responding to a complaint, an officer or employee of the AHCA has reason to believe that a crime has been committed, the appropriate law enforcement agency shall be notified; and

(b) If, in responding to a complaint, an officer or employee of the AHCA has reason to believe that abuse, neglect, or exploitation has occurred, as defined in Section 415.102, F.S., he shall file a report under the provisions of Section 415.103, F.S.

(6) An application for initial or change of ownership registration must include the specific geographic area to be served.  Homemaker and companion services providers may apply for a geographic service area which encompasses one or more of the counties within the specific boundaries, as defined in 408.032(5), F.S., in which the address of record is located.  Any homemaker and companion services provider holding a current registration from the AHCA, as of April XX, 2015, may continue to serve clients in the counties listed on its registration if an acceptable plan for supervision of any staff working in counties outside of the primary geographic service area is documented.

(7) Diligent effort shall have been made, to comply with the provisions of Chapter 400.509(4)(b), F.S., if the homemaker and companion services provider has documented two attempts to verify employment or contractual history of each employee or contractor, or in the case of a disconnected number, the attempt to find current contact information.

(8) All homemaker and companion services providers must maintain a confidential client record which shall include the following:

(a) The client’s full legal name, address, telephone number, age, disability if basis for client receiving service;

(b) The name and telephone number of the client’s emergency contact, next of kin or legal guardian, and physician;

(c) Copy of any contract or written service agreement, if applicable;

(d) Services provided including the duration and frequency of visits;

(e) Dietary restrictions, if the homemaker and companion services provider prepares, orders or accompanies the client to meals;

(f) Food allergies;

(g) Activity limitations pertaining to service delivery;

(h) Copy of any written termination notices, if the homemaker and companion services provider is terminating services;

(9) When a homemaker and companion services provider accepts a client, there shall be a reasonable expectation that the requested services can be provided safely in the client’s place of residence. The homemaker and companion services provider is responsible for obtaining all needed information pertaining to service delivery and for supplying employees or independent contractors capable of delivering contracted or agreed upon services. This responsibility  includes assuring the client receives all assigned visits.

Rulemaking Specific Authority 400.497, 400.509, 408.805, 408.819 FS. Law Implemented 400.509, 400.462 FS. History–New 4-30-86, Amended 8-10-88, 5-30-90, Formerly 10D-68.025, Amended 10-27-94, _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Noël Cronin Lawrence

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2014