The Department proposes to adopt rules governing the procedures to follow in conducting an administrative assessment of long-term care facilities by ombudsmen.

DEPARTMENT OF ELDER AFFAIRS
Long-Term Care Ombudsman Program

RULE NO.: RULE TITLE:
58L-1.008: Administrative Assessment
PURPOSE AND EFFECT: The Department proposes to adopt rules governing the procedures to follow in conducting an administrative assessment of long-term care facilities by ombudsmen.
SUBJECT AREA TO BE ADDRESSED: The proposed rules address the time frames for conducting administrative assessments and suggestions for an exit consultation with the long-term care facility to note needed improvements and to make recommendations.
RULEMAKING AUTHORITY: 400.0071 FS.
LAW IMPLEMENTED: 400.0060(1), 400.0071, 400.0074 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 16, 2012, 9:00 a.m. – 10:00 a.m.
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 225F, Tallahassee, Florida 32399-7000
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 72 hours before the workshop/meeting by contacting: Demetria Ross at [e-mail] or [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Susan Rice, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, [phone], [e-mail].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

58L-1.008 Administrative Assessment.

(1) An onsite administrative assessment should be conducted on long-term care facilities annually. The annual period for conducting an assessment shall be the federal reporting year, which is October 1 through September 30.

(2) By October 1 of each year, the district ombudsman manager (DOM), or designee, must identify all facilities within the local council’s jurisdiction and develop a plan to conduct assessments by September 30 of the following year.

(3) Assessments may include observations, interviews with residents and other individuals, and a review of facility and resident records. The assessment must focus on factors affecting residents’ rights, health, safety, and welfare as seen from the residents’ perspectives.

(4) At the conclusion of the assessment visit, the ombudsman should:

(a) Identify the issues and concerns perceived by the residents or noted by the ombudsman;

(b) Identify those issues and concerns that were addressed or corrected by facility staff during the assessment visit;

(c) Identify those issues and concerns that remain to be addressed or corrected;

(d) Conduct an exit consultation with the facility administrator, or administrator designee, to discuss the issues and concerns and make recommendations for improvement, if any; and,

(e) Submit the assessment to the DOM, or designee, after completing the exit consultation.

(5) After review of the assessment, the DOM, or designee, must submit a summary report to the facility administrator, or administrator designee.

Rulemaking Authority 400.0071 FS. Law Implemented 400.0060(1), 400.0071, 400.0074 FS. History–New________.