The purpose and effect of the proposed rule amendments are to delete specific language regarding licensure and background screening requirements. These specific requirements are included under the Agency for Health Care Administration’s (AHCA) core ...

DEPARTMENT OF ELDER AFFAIRS
Federal Aging Programs

Rule No.: RULE TITLE
58A-14.003: License Application, Renewal and Conditional Licenses
58A-14.008: Staff Qualifications, Responsibilities and Training
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments are to delete specific language regarding licensure and background screening requirements. These specific requirements are included under the Agency for Health Care Administration’s (AHCA) core licensure and background screening statutes and rules, which are referenced in these rule amendments.
SUBJECT AREA TO BE ADDRESSED: These rule amendments delete specific language regarding licensure and background screening requirements, which are included under AHCA’s core licensure and background screening statutes and rules.
SPECIFIC AUTHORITY: 429.67, 429.69, 429.71, 429.73, 429.75 FS.
LAW IMPLEMENTED: 429.67, 429.69, 429.71, 429.73, 429.75 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: December 14, 2010, 11:00 a.m. – 12:00 Noon
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 225F, Tallahassee, FL 32399-7000
IF NOT REQUESTED IN WRITING BY DECEMBER 8, 2010, A RULE DEVELOPMENT WORKSHOP WILL NOT BE CONDUCTED.
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: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Suite 315, Tallahassee, FL 32399-7000; Telephone number: [phone]; Email address: [e-mail]. 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: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Suite 315, Tallahassee, FL 32399-7000; Telephone number: [phone]; Email address: [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

58A-14.003 License Application, Renewal and Conditional Licenses.

(1) LICENSE APPLICATION.

(a) Any individual desiring to obtain an initial license to operate an adult family-care home should be aware that he or she may obtain a license application package from the Agency Central Office, pursuant to Rule 59A-35.060, F.A.C. 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. The applicant must be aware that in addition to the requirements included in Chapter 408, Part II, F.S., and Rule 59A-35.060, F.A.C., tThe complete application package must include shall be accompanied by the following:

1. 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 Section 429.67(4)(a), (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.

1.3. If located in an area zoned single-family or multi-family, Aa community residential home certification form signed by the Department of Children and Families Family Services’ district community residential home coordinator, if the home is located in an area zoned single-family. If not located in an area zoned single-family or multi-family, Local Zoning Form, AHCA Form 3180-1021, Local Zoning Form, September 1996, which is incorporated by reference, or a letter signed by from the local zoning authority, signed by the county zoning official, which states that the applicant is in compliance with local zoning ordinances, must be submitted.

2.4. Documentation of a satisfactory sanitation inspection as required under Rule 58A-14.009, F.A.C.

3.5. Documentation of a satisfactory fire safety inspection as required under Rule 58A-14.0091, F.A.C.

6. Income and Expense Statement, AHCA Form 3180-1017, September 1996, which is incorporated by reference.

4.7. Written assurance affirming that the applicant is aware of and will complete the training requirements as described in Rule 58A-14.008, F.A.C.

5.8. A licensing fee of $100.

6.9. Documentation that the provider resides in the adult family-care home pursuant to Section 429.67(2), F.S., and subsection 58A-14.002(17), F.A.C.

(b) During the licensing process, the agency shall conduct an on-site survey of the prospective AFCH to:

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:

1.a. Visually inspect all rooms and outside grounds of the home and determine that the home meets the minimum physical site requirements of Rule 58A-14.009, F.A.C., prior to resident occupancy; and

2.b. Determine the capacity of the home.

(c) No change.

(d) If, at the time of applying for an initial license, an applicant is already providing room, board, and one or more personal services to persons who will be considered residents, the provider should be aware that he or she must be in compliance with all admission and care standards applicable to residents under Chapters 408, Part II and 429, Part II, F.S., this rule chapter, and Rule Chapter 59A-35, F.A.C., in order to be licensed upon licensing.

(2) LICENSE RENEWAL.

(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.

(a)(b) In addition to the application forms referenced in Rule 59A-35.060, F.A.C. AHCA Form 3180-1022, all applicants for license renewal shall provide the following:

1. Documentation of a satisfactory sanitation inspection as required under Rule 58A-14.009, 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 Agency for Health Care Administration, Assisted Living Unit, 2727 Mahan Drive, Mailstop 30, Tallahassee, Florida 32308-5402 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 58A-14.010, F.A.C.

2. Documentation of a satisfactory fire safety inspection as required under Rule 58A-14.0091, 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 Agency for Health Care Administration, Assisted Living Unit, 2727 Mahan Drive, Mailstop 30, Tallahassee, Florida 32308-5402 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 58A-14.010, F.A.C.

3. No change.

4. Documentation pursuant to subparagraph (1)(a)6.9. of this rule.

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

1. Conduct an on-site 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 58A-14.009, 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 58A-14.0061, F.A.C., and that resident services are being provided in accordance with the standards established in Rule 58A-14.007, F.A.C.

c. Verify that the AFCH provider is complying with all facility, staff, and resident records requirements as provided in Rule 58A-14.0085, F.A.C.

2. through 3. No change.

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

(a) through (c) No change.

(d) The issuance of a conditional license does not change the 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.

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,________.

 

58A-14.008 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 communicable diseases, including 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) All required individuals must undergo a background screening pursuant to Section 429.67, F.S., and must be aware of the requirements of Rule 59A-35.090, F.A.C. 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 58A-14.003, 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) No change.

(b) An adult family-care home provider should be aware that he or she is responsible for:

1. The operation and maintenance of the AFCH in accordance with Part VII of Chapters 408, Part II and 429, Part II 400, F.S., and this rule chapter, and Rule Chapter 59A-35, F.A.C.

2. No change.

(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 AHCA Field Area Office within 24 hours.

(3) RELIEF PERSONS.

(a) The adult family care home provider must designate one or more relief persons to assume responsibility for the care of residents if the provider is not available to perform that duty.

(b) The relief person must be:

1. No change.

2. Knowledgeable of about and able to provide for all care needs of the residents.

(c) The provider must notify the agency in writing within 30 calendar days of a change in relief persons and ensure that the relief person has been is appropriately background screened in accordance with the requirements in Section 429.67, F.S., and Rule 59A-35.090, F.A.C., and has been trained as described in this rule.

(4) TRAINING.

(a) All AFCH providers must attend a 12-hour basic adult family-care home training program, which covers the minimum requirements of Section 429.75, F.S., prior to accepting any residents;, or for providers who already have persons residing in the home that will be considered residents, prior to licensing.

(b) No change.

(c) The AFCH provider, each relief person, and any person left in sole charge of residents, which may include staff, household members or volunteers, must hold a currently valid card documenting completion of courses in First Aid and CPR. A registered nurse shall be considered as having met the training requirement for First Aid.

(d) through (e) No change.

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,________.