Pursuant to changes in section 408.809, F.S., the Agency proposes to amend Rules 59A-37.002 and 59A-37.007, to strike obsolete and/or duplicative language, update incorporated materials and background screening language, ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NOS.:RULE TITLES:

59A-37.002License Application, Renewal and Conditional Licenses

59A-37.007Staff Qualifications, Responsibilities and Training

PURPOSE AND EFFECT: Pursuant to changes in section 408.809, F.S., the Agency proposes to amend Rules 59A-37.002 and 59A-37.007, to strike obsolete and/or duplicative language, update incorporated materials and background screening language, and remove obsolete forms.

SUMMARY: The Agency proposes to amend Rules 59A-37.002 and 59A-37.007, to strike obsolete and/or duplicative language, update incorporated materials and background screening language, and remove obsolete forms.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not 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 not been prepared by the Agency.

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 not been prepared by the agency. For rules listed where no SERC was prepared, the Agency prepared a checklist for each rule to determine the necessity for a SERC. Based on this information at the time of the analysis and pursuant to section 120.541, Florida Statutes, the rule will not require legislative ratification.

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: 429.67, 429.69, 429.71, 429.73, 429.75 F.S.

LAW IMPLEMENTED: 429.67, 429.69, 429.71, 429.73, 429.75, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 14, 2021, from 2:00 pm to 3:00 pm

PLACE: No public face-to-face meeting. This hearing will be conducted via teleconference. Participate by dialing the Open Voice conference line, 1-888-585-9008, then enter the conference room number followed by the pound sign, 476-211-242#. The agenda and related materials can also be found on the web at: https://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Rulemaking.shtml.

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 3 days before the workshop/meeting by contacting: Keisha Woods, Bureau of Health Facility Regulation, 2727 Mahan Drive, Tallahassee, Florida, [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: Keisha Woods at [phone] or email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-37.002 License Application, Renewal and Conditional Licenses.

(1) LICENSE APPLICATION.

(a) An applicant for an adult family care home license may apply for licensure pursuant to the requirements of Chapters 408, Part II, and 429, Part II, F.S., Chapter 59A-35, F.A.C., and this rule chapter Any individual desiring to obtain an initial license to operate an adult family care home shall file an Adult Family Care Home License application, AHCA Form 3180-1022, January 2006, which is incorporated by reference and may be obtained from the Assisted Living Unit, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 30, Tallahassee, Florida 32308-5402, Phone [phone]. The completed application must be signed by the applicant, notarized, and submitted to the Assisted Living Unit at the address cited above. In addition to those requirements, tThe application must shall be accompanied by the following:

1. Evidence of a Level 2 background screening conducted pursuant to Chapter 435, F.S., A completed Level 1 Criminal History Request, AHCA Form 3110-0002, July 2005 for the applicant, each relief person, all adult household members, and all staff. The form is incorporated by reference and available from the Background Screening Unit, Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida 32308-5402, Phone [phone]. A check or money order must be submitted to cover the cost of each criminal history request. The completed form and screening fee will not be required for persons who comply with the requirements pursuant to Sections 429.67(4)(a), and (b), F.S.

2. A description and explanation of any exclusions, permanent suspensions, or involuntary terminations of the applicant from the Medicaid or Medicare programs or any other governmental health care or health insurance program.

23. If located in an area zoned single-family or multi-family, a community residential home certification form signed by the Department of Children and Family Services’ district community residential home coordinator. If not located in an area zoned single-family or multi-family, Local Zoning Form, AHCA Form 3180-1021, August 2021 September 1996, which is incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, or a letter from the local zoning authority, signed by the county zoning official, which states that the applicant is in compliance with local zoning ordinances. The form is available online at http://www/ahca.myflorida.com/HQAlicensureforms.

4. through 5. renumbered 3. through 4.

56. Income and Expense Statement, AHCA Form 3180-1017, August 2021 September 1996, which is incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.  The form is available online at http://www/ahca.myflorida.com/HQAlicensureforms.

7. renumbered 6.

8. A licensing fee of $100.00.

9. renumbered 7.

(b) During the licensing process, the agency shall:

1. Conduct Level 1 background screening on the applicant, all adult household members, each relief person, and all staff pursuant to Chapter 435, F.S.

2. Conduct an on-site survey of the prospective AFCH. During the survey the agency shall:

a. Visually inspect all rooms and outside grounds of the home and determine that the home meets the minimum physical site requirements of Rule 59A-37.009, F.A.C., prior to resident occupancy; and,

b. Determine the capacity of the home.

(c) Any deficiencies identified during the survey must be corrected prior to issuance of a license.

(d) renumbered (b)

(2) LICENSE RENEWAL. In addition to the requirements of Chapters 408, Part II, and 429, Part II, F.S., and Chapter 59A-35, F.A.C., and this rule chapter, all applicants for license renewal shall provide the following:

(a) The agency shall annually provide an application form for license renewal, AHCA Form 3180-1022, January 2006, either electronically or by mail delivery, to AFCH providers at least 120 days prior to the expiration of the current license. The provider shall mail or hand-deliver the license renewal application to the agency at the address cited in paragraph (1)(a) of this rule, a minimum of 90 days prior to the expiration date appearing on the current license.

(b) In addition to AHCA Form 3180-1022, all applicants for license renewal shall provide the following:

(a)1. Documentation of a satisfactory sanitation inspection as required under Rule 59A-37.009, F.A.C. Documentation of a satisfactory sanitation inspection shall be provided at the time of the agency’s annual survey. In addition, a copy of the annual sanitation inspection report shall be submitted no later than 30 calendar days after the date of the inspection to the Assisted Living Unit at the address cited in paragraph (1)(a) of this rule. Failure to comply with this requirement shall result in administrative enforcement pursuant to Sections 429.69 and 429.71, F.S., and Rule 59A-37.011, F.A.C.

(b)2. Documentation of a satisfactory fire safety inspection as required under Rule 59A-37.010, F.A.C. Documentation of a satisfactory fire safety inspection shall be provided at the time of the agency’s annual survey. In addition, a copy of the annual fire safety inspection report shall be submitted no later than 30 calendar days after the date of the inspection to the Assisted Living Unit at the address cited in paragraph (1)(a) of this rule. Failure to comply with this requirement shall result in administrative enforcement pursuant to Sections 429.69 and 429.71, F.S., and Rule 59A-37.011, F.A.C.

3. A licensing fee of $100.00, or $150.00 if not filed 90 days prior to the license expiration date.

(c)4. Documentation that the provider resides in the adult family care home pursuant to sections 429.67(2), F.S., and 59A-37.001(17), F.A.C. pursuant to subparagraph (1)(a)9. of this rule.

(c) During the license renewal process the agency shall:

1. Conduct an onsite survey of the AFCH. During the survey the agency shall:

a. Visually inspect all rooms and the outside grounds of the home and determine that the home meets the minimum physical site requirements of Rule 59A-37.009, F.A.C. The agency shall refer all safety and sanitation concerns to the county health department, and all fire safety concerns to the local authority with jurisdiction over fire safety.

b. Verify that residents meet the criteria for continued residency in an AFCH as provided in Rule 59A-37.004, F.A.C., and that resident services are being provided in accordance with the standards established in Rule 59A-37.006, F.A.C.

c. Verify that the AFCH provider is complying with all facility, staff, and resident records requirements as provided in Rule 59A-37.008, F.A.C.

2. Obtain information from the district Long-Term Care Ombudsman Council regarding complaints and whether complaints have been successfully resolved.

(d)3. Upon application for license renewal the Agency may rRequest documentation of adequate financial resources to operate the adult family-care home in compliance with health and safety standards if the financial stability of the AFCH is in question. Indicators of financial instability are: filing of bankruptcy; issuance of checks returned for insufficient funds; non-payment of rent, mortgage, utilities, staff wages or salaries, or taxes; confirmed complaints to the Aagency or ombudsman council regarding withholding of funds or refunds due to residents; and any other information which indicates the inability of the home to meet its financial responsibilities in a full and timely manner.

(3) Lease or rental agreements submitted pursuant to section 429.67(2), F.S., must be accompanied by documentation demonstrating that the property owner permits the operation of an adult family care home provider by the tenant on the premises described in the lease or rental agreement.           

(4)(3) CONDITIONAL LICENSE. The Aagency may issue a conditional license to an AFCH if, at the time of license renewal the provider facility is found to have uncorrected deficiencies violations.

(a) The issuance of a conditional license shall be contingent upon Aagency approval of a written plan of correction which includes corrective steps that will be taken to eliminate the deficiencies and a timetable for correction of the deficiencies by the expiration date of the conditional license.

(b) A conditional license shall be issued by the Aagency only for that time period necessary to comply with applicable licensing standards and complete license renewal procedures, but not to exceed 6 months.

(c) A conditional license shall be revoked and license denied if subsequent follow-up surveys by the Aagency indicate that necessary progress has not been made toward compliance with applicable licensing standards.

(d) The issuance of a conditional license does not change the biennial annual license expiration date.

(4) LICENSE DENIAL. Applicants and providers denied a license shall be notified by the agency of their right to appeal the denial of the license, the remedies available, and the time limit for requesting such remedies as provided under rule 59-1.024, F.A.C., and chapter 120, F.S.

(4) This rule is in effect for five years from its effective date.

Rulemaking Authority 429.67, 429.69, 429.71, 429.73 FS. Law Implemented 429.67, 429.69, 429.71, 429.73 FS. History–New 5-14-86, Amended 2-2-95, Formerly 10A-14.003, Amended 9-19-96, 3-25-98, 6-6-99, 1-1-04, 7-30-06, 4-15-10, Formerly 58A-14.003, 7-1-19                            .

 

59A-37.007 Staff Qualifications, Responsibilities and Training.

(1) MINIMUM STAFF REQUIREMENTS.

(a) The provider, all staff, each relief person, and all adult household members must submit a statement from a licensed health care provider that he or she is free from apparent signs and symptoms of communicable diseases, including tuberculosis. The statement must be based on an examination conducted within the six months prior to employment. Annually thereafter, the individual must submit documentation from a licensed health care provider that he or she is free from tuberculosis. An exception is that an individual with a positive tuberculosis test must submit a statement from a licensed health care provider that he or she does not constitute a risk of communicating tuberculosis.

(b) The provider, all staff, each relief person, and all adult household members must meet Level 1 background screening requirements established in Section 435.03, F.S., or have been exempted from disqualification as provided in Section 435.07, F.S. The provider must submit a completed AHCA Forms 3110-0002, or other evidence of compliance as provided in Section 429.67, F.S., and Rule 59A-37.002, F.A.C., for any staff, relief persons, or adult household members not screened at the time of initial license application pursuant to the screening schedule provided in Section 435.05, F.S.

(c) The provider, each relief person, and all staff must comply with the training requirements provided in subsection (4), of this rule.

(2) PROVIDER.

(a) An adult family-care home provider must:

1. Be at least 21 years of age.

2. Live in the home.

3. Be able to read, write and complete written materials involved in applying for an AFCH license and maintaining an AFCH.

4. Complete required training.

(b) An adult family-care home provider is responsible for:

1. The operation and maintenance of the AFCH in accordance with Chapters 408, Part II, and 429, Part II, F.S., Chapter 59A-35, F.A.C., and this rule chapter.

2. Ensuring that residents are appropriate for placement and continued residency in the home as provided under Rule 59A-37.004, F.A.C., and that care and services are provided for residents in accordance with Rule 59A-37.006, F.A.C.

(c) In the event of severe illness, incapacity, or death of the provider, the relief person or staff in charge shall notify each resident’s representative or case manager, and the Agency Field AHCA Area Office within 24 hours.

(3) through (4) no change.

(5) This rule is in effect for five years from its effective date.

Rulemaking Authority 429.67, 429.73, 429.75 FS. Law Implemented 429.67, 429.73, 429.75 FS. History–New 2-2-95, Formerly 10A-14.008, Amended 9-19-96, 6-6-99, 1-1-04, 7-30-06, 4-15-10, Formerly 58A-14.008, 7-1-19,                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Keisha Woods

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Simone Marstiller

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 11/08/2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 3/24/2021