The purpose of the rule development is to update rule language to comport with authorizing statutes, revise technical errors and update references.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NOS.:RULE TITLES:

59A-4.103Licensure, Administration and Fiscal Management

59A-4.106Facility Policies

59A-4.107Physician Services

59A-4.1075Medical Director

59A-4.108Nursing Services

59A-4.109Resident Assessment and Care Plan

59A-4.110Dietary Services

59A-4.112Pharmacy Services

59A-4.118Medical Records

59A-4.122Physical Environment

59A-4.123Risk Management and Quality Assurance

59A-4.126Disaster Preparedness

59A-4.128Evaluation of Nursing Homes and Licensure Status

59A-4.1288Exception

59A-4.130Fire Prevention, Fire Protection, and Life Safety

59A-4.133Plans Submission and Review and Construction Standards

59A-4.134Plans Submission and Fee Requirements

59A-4.150Geriatric Outpatient Nurse Clinic

59A-4.165Nursing Home Guide

59A-4.202Quality of Care

59A-4.204Turnover Ratio

59A-4.206Termination and Frequency of Review

PURPOSE AND EFFECT: The purpose of the rule development is to update rule language to comport with authorizing statutes, revise technical errors and update references.

SUBJECT AREA TO BE ADDRESSED: The Agency proposes to amend Rule 59A-4.103, F.A.C., to include specifications regarding the issuance of partial inactive licenses for alternative uses pursuant to Section 400.0712, Florida Statutes (F.S.). Other changes to this section include the incorporation of modifications to the licensure application and technical changes clarifying the submission process for required reports to the Agency. Amendments to Rule 59A-4.106, F.A.C., include providing a web address for obtaining transfer and discharge forms, deleting a reference to services provided by the Department of Children and Families, incorporating references to federal guidelines and providing a specific address to obtain copies of “Health Care Advance Directives.” Amendments to Rule 59A-4.1075, F.A.C., include update of statutory references and technical changes. Amendments to Rule 59A-4.108, F.A.C., updates statutory references for facility staffing in accordance with state law, and establishes requirements for requesting the use of licensed nurses to perform licensed nursing and certified nursing assistant’s duties. Amendments to Rule 59A-4.109, F.A.C., include update of statutory references and technical changes.

Amendments to Rule 59A-4.110, F.A.C., include a change to the position title of director of food service and replace the outdated references to the Dietary Managers training and certification process. Amendments to Rule 59A-4.112, F.A.C., include changes to meet the statutory requirements of the Emergency Drug Kit. Amendments to Rule 59A-4.118, F.A.C., include the removal of the requirement for nursing homes to contract with a medical records consultant and credentialing organizations. Amendments to Rule 59A-4.122, F.A.C., includes details for the placement of a resident’s bed and further defines the requirement for a closet and comfortable room temperatures and physical plant maintenance. Amendments to Rule 59A-4.123, F.A.C., eliminate the 1-day Adverse Incident Reporting and Form and provides for electronic submission of the 15-day Adverse Incident form.

Amendment to Rule 59A-4.126, F.A.C., provide language regarding the submission of the emergency management plan, testing of this plan, and procedures and notifications for evacuation, overcapacity and re-occupancy of the nursing home structure during a disaster. An amendment to Rule 59A-4.128, F.A.C., removes the measurement of deficiencies in terms of scope and severity for state licensure. Amendments to Rule 59A-4.1288, F.A.C., incorporate references to federal regulations established since 1991. Amendments to Rule 59A-4.130, F.A.C., provide revised language to conform to code edition changes and retain language not included in the Florida Building Code. Amendments to Rule 59A-4.133, F.A.C., provides language to reference the Florida Building Code to conform to statutory changes, and deletes all other requirements. Rule 59A-4.134, F.A.C., revises the requirements for construction plans submission to conform to codes and statutory changes. Amendments to Rule 59A-4.150, F.A.C., delete or correct several recurring or obsolete definitions and references throughout the section and add to the list of professionals authorized to staff a geriatric outpatient clinic. Amendments to Rule 59A-4.165, F.A.C., replace the reference to a 45-month reporting period in the Nursing Home Guide with language that cites the time period defined in Section 400.191, F.S. Amendments to Rule 59A-4.202, F.A.C., removes the Nursing Home Guide ranking as a quality of care criteria for Gold Seal award. Amendment to Rule 59A-4.204, F.A.C., removes reference to repealed language. Amendments to Rule 59A-4.206, F.A.C., provides language to terminate Gold Seal award applicants upon the occurrence of a disqualifying event, filing of a petition of bankruptcy and fails to maintain a qualifying Quality of Care rank criteria. Other revisions are made throughout the Chapter to correct technical errors and update references.

RULEMAKING AUTHORITY: 400.23 FS.

LAW IMPLEMENTED: 400.011, 400.022, 400.141, 400.142, 400.23 FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: November 14, 2013, 9:30 a.m. − 11:00 a.m.

PLACE: FL Agency for Health Care Administration, 2727 Mahan Drive, Building #3, Conference Room D, Tallahassee, Florida 32308

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Terrosa Buie, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #33, Tallahassee, Florida 32308, [e-mail]