The Agency is amending the rules relating to home health agencies to update licensing application forms, modify requirements for home health agency satellite offices due to statutory changes, modify requirements relating to survey requirements and ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NOS.:RULE TITLES:

59A-8.002Definitions

59A-8.003Licensure Requirements

59A-8.007Geographic Service Area

59A-8.025Registration Requirements for Homemaker and Companion Services Providers

59A-8.027Emergency Management Plans

PURPOSE AND EFFECT: The Agency is amending the rules relating to home health agencies to update licensing application forms, modify requirements for home health agency satellite offices due to statutory changes, modify requirements relating to survey requirements and geographic service areas, and make technical changes for clarification.

SUMMARY: The licensure requirements for home health agencies are being revised to conform to statutory changes in Section 400.464(2), F.S. that became effective on July 1, 2015. Rule 59A-8.002, F.A.C. is amended to clarify the definitions of “geographic service area” and “satellite office”. Rule 59A-8.003, F.A.C. is amended to update the home health agency licensing application form, modify requirements relating to satellite offices and changes of ownership due to statutory changes, clarify requirements for changes of address, and make technical changes. Rule 59A-8.007, F.A.C. is amended to make technical changes for clarification relating to geographic service areas and modify requirements relating to the provision of services. Rule 59A-8.025, F.A.C. is amended to update the homemaker and companion services provider licensing application form and make technical changes for clarification relating to geographic service areas. Rule 59A-8.027, F.A.C. is amended to make technical changes for clarification relating to geographic service areas.

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 checklist was prepared by the Agency to determine the need 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: 400.497, 400.509, 408.819 FS.

LAW IMPLEMENTED: 400.462, 400.464, 400.471, 400.474, 400.484, 400.487, 400.492, 400.497, 400.509, 408.805, 408.806, 408.807, 408.809, 408.810 FS.

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

DATE AND TIME: March 22, 2016 2:00 p.m. – 3:00 p.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: Ruby Grantham, Home Care Unit, Bureau of Health Facility Regulation, [phone] or [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). 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: Ruby Grantham, Home Care Unit, Bureau of Health Facility Regulation, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-8.002 Definitions.

(1) through (15) No changes.

(16) “Geographic service area” means one or more counties within a health service planning district defined in section 408.032(5), F.S. the area, as specified on the license, in which the home health agency may send its personnel to provide home health services to patients in their places of residence.

(17) through (32) No changes.

(33) “Satellite office” means a related secondary office established in the same geographic service area county as the main office, pursuant to subsection 59A-8.003(7), F.A.C.

(34) through (38) No changes.

Rulemaking Authority 400.497 FS. Law Implemented 400.462, 400.487 FS. History–New 4-19-76, Formerly 10D-68.02, Amended 4-30-86, 8-10-88, 5-30-90, 5-27-92, Formerly 10D-68.002, Amended 4-27-93, 10-27-94, 1-17-00, 7-18-01, 9-22-05, 8-15-06, 3-29-07, 7-11-13,                        .

 

59A-8.003 Licensure Requirements.

(1) The issuance of a home health agency an initial license shall be based upon compliance with Chapters Chapter 400, Part III, and 408, Part II, F.S., and Rule Chapters 59A-8 and 59A-35, Florida Administrative Code and this rule as evidenced by a signed, complete and accurate Health Care Licensing Application, Home Health Agency, AHCA Form 3110-1011, January 2016 July 2014, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and an inspection the results of a survey conducted by an accrediting organization or AHCA, as required in Sections Section 400.471(2) and 408.806(7), F.S. The application form is available online at http://www/ahca.myflorida.com/HQAlicensureforms.

(2) An application for renewal of the current license must be submitted to AHCA on the form in subsection (1) of this rule at least 60 days prior to the date of expiration of the license, pursuant to Section 408.806, F.S. It is the responsibility of the home health agency to submit an application within the specified time frames whether or not they receive separate notification from AHCA of the impending expiration of the license. Home health agencies will be surveyed by AHCA or an accrediting organization as defined in Rule 59A-8.002, F.A.C. pursuant to Sections 408.811 and 400.471(2), F.S. Home health agencies will be surveyed on an unannounced basis at least every 36 months. Area offices may do follow up surveys to check on correction of deficiencies at any time on an unannounced basis. An exit conference will be conducted to report the findings and to receive additional information or clarification concerning the survey.

(3) Surveys of Accredited Home Health Agencies:

(a) Home health agencies will be surveyed by AHCA or an accrediting organization as defined in Rule 59A-8.002, F.A.C. pursuant to Sections 400.471(2), 408.806 and 408.811, F.S. Home health agencies will be surveyed prior to initial licensure, and at least every 36.9 months on an unannounced basis thereafter.  Follow up surveys may be conducted to verify correction of deficiencies at any time on an unannounced basis.

(b)(a) It is the responsibility of the home health agency to request exemption from state licensure surveys pursuant to Section 400.471(2), F.S., by submitting documentation of accreditation by an approved accrediting organization and the most recent survey from the accrediting organization to the AHCA Home Care Unit.

(c)(b) Home health agencies that complete paragraph (a) will not be subject to licensure surveys by AHCA except under the following circumstances:

1. The home health agency has been denied accreditation, has received a preliminary determination of denial of accreditation, or has received a provisional, conditional, or deferred accreditation report from the accrediting organization on its most recent survey, or

2. The home health agency has received accreditation but has not authorized the release of the report to the AHCA, or has not ensured that AHCA has received the accrediting organization’s report.

3. The home health agency that provides only non-skilled services and is not Medicare or Medicaid certified  is no longer required to be accredited as of July 1, 2014 pursuant to Section 400.471(2)(h), F.S. If the home health agency elects to give up its accreditation, the home health agency will inform AHCA by providing a copy of the letter it sent to its accrediting organization that shows the accreditation termination date.

(4) AHCA will conduct investigations of complaints regarding licensure violations as required in Section 408.811, F.S.

(5) In addition to any other penalties imposed pursuant to this rule, the agency may assess costs related to an investigation that results in a successful prosecution, pursuant to Section 400.484(3), F.S. The prosecution can be resolved by stipulation settlement or final hearing. The following costs may apply: travel costs related to the investigation; investigative time by AHCA’s surveyor or surveyors including travel time; processing time by AHCA’s professional staff and administrative support staff of Field Operations, and processing time for administrative support staff and professional staff of the AHCA Licensed Home Health Programs Unit in Tallahassee. The costs related to AHCA’s professional staff and support staff will be determined according to the hourly rate of pay for those positions.

(6) An application package for a change of ownership shall be made on the forms prescribed by AHCA, as referenced in subsection (1) of this rule.

(a) The buyer or lessee must make application to AHCA for a new license at least 60 days before the date of the transfer of ownership as required by Sections 408.807(1) and (2), F.S.

(b) At the time of the transfer of ownership all patient or client records held by the current licensee shall be transferred to the applicant.

(c) AHCA will accept the most recent successful licensure inspection conducted no more than 36.9 months prior to the effective date of the change of ownership as satisfaction of the inspection requirement in s. 408.806(7), F.S. related to an application associated with a change in ownership of a licensed home health agency.  Acceptance of the inspection does not alter the survey timeframes established in paragraph (3)(a).An application for a change of ownership license will not be approved if a home health agency has not demonstrated compliance with the requirements in Chapters 408, Part II and 400, Part III, F.S., through an unannounced inspection not more than  24 months prior to submission of the application, pursuant to Section 400.497(6), F.S.

1. The inspection may be done by an accrediting organization. However, if the home health agency being sold is accredited or was licensed July 1, 2008 or later, the inspection must be done by an accrediting organization as required in Section 400.471(2), F.S.; or

2. The inspection may be conducted in conjunction with an unannounced Medicare or Medicaid certification or recertification survey.

(d) Failure to apply for a change of ownership of a licensed home health agency as required by Section 408.806(2)(b), F.S., shall result in a fine set and levied by AHCA pursuant to Sections 400.474(1), (2)(a) and 408.813(3)(b), F.S. This is also applicable to owners who incorporate and do not report this change of ownership to the home health agency.

(7) A licensed home health agency may operate a satellite office. A satellite office must be located in the same geographic service area county as the agency’s main office and share administration, fiscal management, supervision, and service provision with the main office; it is not separately licensed. Supplies and records can be stored at a satellite office and phone business can be conducted the same as in the main office. The satellite office shares administration with the main office and is not separately licensed. The administrator at the main office is responsible for the staffing, patients, and operation of any satellite office. Signs and advertisements can notify the public of the satellite office location. If the agency wants to open an office outside of the geographic service area county where the main office is located, the second office must be separately licensed.

(8) A home health agency that operates a satellite office must maintain a plan for:

(a) Coverage of the professional staff which takes into account the projected number of clients to be served at the satellite office;

(b) Coordination of care and services by staff;

(c) Supervision of the staff;

(d) Provision of services in the event of staff absenteeism;

(e) A system of communication and integration of services between the main office and the satellite office;

(f) Access to patient records at the satellite office;

(g) Monitoring of daily activities (clinical and administrative) and the management of services, as well as personnel and administrative issues at the satellite office;

(h) Periodic onsite visits by the home health agency’s administrator;

(i) Publishing the satellite offices hours of operation if different than the hours of operation maintained by the main office.

(8) A licensed home health agency may operate a drop-off site in any county within the geographic service area specified on the license. A drop-off site may be used for pick-up or drop-off of supplies or records, for agency staff to use to complete paperwork or to communicate with the main office, existing or prospective agency staff, or the agency’s existing patients or clients. Prospective patients or clients cannot be contacted and billing cannot be done from this location. The drop-off site is not a home health agency office, but merely a work station for direct care staff in large areas where the distance is too great for staff to drive back frequently to the home health agency office. Training of home health agency staff can be done at a drop-off site. A drop-off site shall not require a license. No other business shall be conducted at these locations, including housing of records. The agency name cannot appear at the location, unless required by law or by the rental contract, nor can the location appear on agency letterhead or in advertising.

(9) If a change of address is to occur, or if a home health agency intends to change the counties served within the geographic service area, open or close a satellite office, or add or delete a drop-off site, the home health agency must complete and submit the Health Care Licensing Application, Home Health Agency, AHCA Form 3110-1011, January 2016, incorporated by reference in (1) above, provide notice in writing to the AHCA Home Care Unit and the AHCA area office as required in Rule 59A-35.040(2)(b), F.A.C. For changes of address and additions or changes of satellite offices, the The home health agency must submit to the AHCA Home Care Unit evidence that the location is zoned for a home health agency business for the new address and evidence of legal right to the property in accordance with section Section 408.810(6), F.S.

(10) A home health agency has the following responsibility in terms of hours of operation:

(a) The home health agency administrator and director of nursing, or their alternates, must be available to the public for any eight consecutive hours between 7:00 a.m. and 6:00 p.m., Monday through Friday of each week, excluding legal and religious holidays. Available to the public means being readily available on the premises or by telecommunications.

(b) When the administrator and the director of nursing are not on the premises during designated business hours, a staff person must be available to answer the phone and the door and must be able to contact the administrator and the director of nursing by telecommunications. This individual can be a clerical staff person.

(c) If an AHCA surveyor arrives on the premises to conduct an unannounced survey and the administrator, the director of nursing, or a person authorized to give access to patient records, are not available on the premises they, or the designated alternate, must be available on the premises within an hour of the arrival of the surveyor. A list of current patients must be provided to the surveyor within two hours of arrival if requested. 

(d) The home health agency shall have written policies and procedures governing 24 hour availability to licensed professional nursing staff by active patients of the home health agency receiving skilled care. These procedures shall describe an on-call system whereby designated nursing staff will be available to directly communicate with the patient. For agencies which provide only home health aide and homemaker, companion and sitter services and who provide no skilled care, written policies and procedures shall address the availability of a supervisor during hours of patient service.

(e) Failure to be available or to respond, as defined in paragraphs (a) through (c) above, will result in a $500 fine, pursuant to Section 400.474(1), F.S. A second incident will be grounds for denial or revocation of the agency license in accordance with section 408.806(7)(d), F.S.

(11) The initial, change of ownership and renewal fee for home health licensure is $1,705.

(12) If licensure application fee checks are returned by the financial institution due to insufficient funds, the issuance of a license may be delayed, denied or revoked.

(13) Upon revocation, suspension, voluntary or involuntary termination of a license, the home health agency shall return its license to AHCA. If the provider voluntarily chooses to terminate the license, the provider must notify AHCA, as required in Section 408.810(4)(a), F.S. This includes submitting a letter to the address: AHCA Home Care Unit, 2727 Mahan Drive, Mail Stop #34, Tallahassee, Florida 32308, officially declaring the closure date of the home health agency.

Rulemaking Authority 400.497 FS. Law Implemented 400.464, 400.471, 400.474, 400.484, 400.497, 408.806, 408.807, 408.810, 408.819 FS. History–New 4-19-76, Formerly 10D-68.03, Amended 4-30-86, 8-10-88, 5-30-90, 6-12-91, Formerly 10D-68.003, Amended 4-27-93, 10-27-94, 1-30-97, 1-17-00, 7-18-01, 9-22-05, 8-15-06, 3-29-07, 7-11-13, 6-16-15,                           .

 

59A-8.007 Geographic Service Area.

(1) All home health agencies must apply for one or more counties within a geographic service area in which the main office is located on their initial license application. Home health agencies may apply for a geographic service area which encompasses one or more of the counties within the specific AHCA area boundaries in which the main office is located, pursuant to Sections 408.032(5) and 400.497(9), F.S.

(2) In any request for expansion of the geographic service area, the home health agency’s previous history of survey results and administrative actions including fines, suspensions, revocations or injunctions will be reviewed to establish the home health agency’s ability to provide quality services within the requested area. In addition, the application for an expanded geographic service area must include a plan for:

(a) Coverage of the professional staff which takes into account the projected number of clients in the requested geographic service area; and,

(b) Supervision of the staff in the requested geographic service area.

(3) The counties listed on the home health agency license should reflect counties in which the home health agency expects to provide services. If an agency refuses to serve patients or clients residing in residents of a specific county and that county is listed on the agency’s license, AHCA shall remove that county from the agency’s license. Refusal to provide services to a patient or client resident solely based on their residence in a specific county must be verified by AHCA prior to removing the county from the license. A home health agency shall not provide services to patients or clients residing in a county that is not listed on the agency’s license.

Rulemaking Authority 400.497 FS. Law Implemented 400.497 FS. History–New 10-27-94, Amended 1-17-00, 7-18-01, 6-16-15,                       .

 

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

(1) Before any organization or individual shall directly or indirectly provide homemaker and companion 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 homemaker and companion 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 Section 408.806(2), F.S.

(3) Application for initial, renewal and change of ownership registration to provide homemaker and companion services shall be made to the AHCA on the Health Care Licensing Application, Homemaker and Companion Coompanion Services Provider, AHCA Form 3110-1003, December 2014, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05421. These forms may be obtained online at http://ahca.myflorida.com/HQAlicensureforms. The application shall be filed biennially as required in Section 408.806, F.S.

(4) A non-refundable fee of $50.75 shall accompany each application for registration. State, county or municipal agencies applying for registration as an agency providing homemaker and companion services shall be exempt from payment of registration fees.

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

(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 health service planning district specific boundaries, as defined in Section 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 July 1, 2015, may continue to serve clients in the counties listed on its registration if a plan for supervision of 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 Section 400.509(4)(b), F.S., if the homemaker and companion services provider has documented two attempts to verify employment or contractual history 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, but not be limited to 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; and,

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

(9) When a client is accepted, there shall be a reasonable expectation that the requested services will be provided adequately and safely in their 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, including all visits.

Rulemaking Authority 400.497, 400.509, 408.819 FS. Law Implemented 400.462, 400.509, 408.805, 408.806, 408.809, 408.810 FS. History–New 4-30-86, Amended 8-10-88, 5-30-90, Formerly 10D-68.025, Amended 10-27-94, 6-16-15,                        .

 

59A-8.027 Emergency Management Plans.

(1) Pursuant to Section 400.492, F.S., each home health agency shall prepare and maintain a written comprehensive emergency management plan, in accordance with criteria shown in the “Comprehensive Emergency Management Plan (CEMP),” AHCA Form 3110-1022, Revised March 2013, incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02767). This document is available from the Agency for Health Care Administration at http://ahca.myflorida.com/MCHQ/Emergency_Activities/index.shtml and shall be used as the format for the home health agency’s emergency management plan. The plan shall describe how the home health agency establishes and maintains an effective response to emergencies and disasters.

(2) The plan, once completed, will be forwarded electronically for approval to the contact designated by the Department of Health.

(3) The agency shall review its emergency management plan on an annual basis and make any substantive changes.

(4) Changes in the telephone numbers of those staff who are coordinating the agency’s emergency response must be reported to the agency’s county office of Emergency Management and to the local County Health Department. For agencies with multiple counties on their license, the changes must be reported to each County Health Department and each county Emergency Management office. The telephone numbers must include numbers where the coordinating staff can be contacted outside of the agency’s regular office hours. All home health agencies must report these changes, whether their plan has been previously reviewed or not, as defined in subsection (2) above.

(5) When an agency goes through a change of ownership the new owner shall review its emergency management plan and make any substantive changes, including changes noted in subsection (4) above. Those agencies which previously have had their plans reviewed, as defined in subsection (2) above, will need to report any substantive changes to the reviewing entity.

(6) In the event of an emergency the agency shall implement the agency’s emergency management plan in accordance with Section 400.492, F.S. Also, the agency must meet the following requirements:

(a) All staff who are designated to be involved in emergency measures must be informed of their duties and be responsible for implementing the emergency management plan.

(b) If telephone service is not available during an emergency, the agency shall have a contingency plan to support communication, pursuant to Section 400.492, F.S. A contingency plan may include cell phones, contact with a community based ham radio group, public announcements through radio or television stations, driving directly to the employee’s or the patient’s home, and, in medical emergency situations, contact with police or emergency rescue services.

(7) Home health agencies which are exempt from this requirement are listed in Section 400.497(8)(e), F.S.

(8) On admission, each home health agency shall, pursuant to Section 252.355, F.S., inform patients and patient caregivers of the special needs registry maintained by their county Emergency Management office. The home health agency must document in the patient’s file if the patient plans to evacuate or remain at home; if during the emergency the patient’s caregiver can take responsibility for services normally provided by the home health agency; or if the home health agency needs to continue services to the patient. If the patient is a resident of an assisted living facility or an adult family care home, the home health agency must contact the assisted living facility or adult family care home administrator or designated emergency management personnel and find out the plan for evacuation of the resident in order to document the resident’s plans in the home health agency’s file for the patient. If it is determined the home health agency needs to provide continued services, it will be the responsibility of the home health agency to provide the same type and quantity of care for the patient in the special needs shelter during and after the emergency, equal to the care received prior to the shelter assignment as specified in Section 400.492, F.S., except in certain situations as specified in Section 400.492(3), F.S.

(9) Upon eminent threat of an emergency or disaster the home health agency must contact those patients needing ongoing services and confirm each patient’s plan during and immediately following an emergency. The home health agency must also contact every assisted living facility and adult family care home where patients are served to confirm the plans during and immediately following the emergency.

(10) During emergency situations, when there is not a mandatory evacuation order issued by the local Emergency Management agency, some patients may decide not to evacuate and will stay in their homes. The home health agency must establish procedures, prior to the time of an emergency, which will delineate to what extent the agency will continue care during and immediately following an emergency. The agency shall also ascertain which patients remaining at home will need care from the home health agency and which patients have plans to receive care from their family or caregivers. The agency shall designate staff to continue the services specified in the treatment orders to residents in the assisted living facility or adult family care home during and following the emergency. If the assisted living facility or adult family care home does relocate the residents to another assisted living facility or adult family care home within the geographic service area the home health agency is licensed to serve, the agency will continue to provide services to the residents, except in certain situations as specified in Section 400.492(3), F.S. If the residents should go to a special needs shelter outside of the geographic service licensed area of the home health agency is licensed to serve, the home health agency may provide services to the residents at the shelter pursuant to Section 400.492(4), F.S.

(11) If the agency at some point ceases operation, as defined in Section 400.492(3), F.S., the agency must inform those patients whose services will be discontinued during the emergency. The agency must also notify assisted living facilities and adult family care homes where residents are served and make arrangements for nursing personnel to continue essential services, such as insulin and other injections, as ordered in treatment orders to residents. If the agency has assisted living facility, adult family care home or other patients in special needs shelters, then the agency will call the local emergency operation center as soon as possible after the disaster and report on the status of the agency’s damage, if any, and the post-disaster availability to continue serving their patients in the special needs shelters and during discharge from the special needs shelters.

(12) When a home health agency is unable to continue services to special needs patients registered under Section 252.355, F.S., that patient’s record must contain documentation of the efforts made by the home health agency to comply with their emergency management plan in accordance with Section 400.492(3), F.S.  Documentation includes, but is not limited to, contacts made to the patient’s caregivers, if applicable; contacts made to the assisted living facility and adult family care home, if applicable; and contacts made to local emergency operation centers to obtain assistance in reaching patients and contacts made to other agencies which may be able to provide temporary services.

(13) Each home health agency is required to collect registration information for special needs patients who will need continuing care or services during a disaster or emergency, pursuant to Section 252.355, F.S. This registration information shall be submitted, when collected, to the county Emergency Management office, or on a periodic basis as determined by the home health agency’s county Emergency Management office.

(14) Home health agency staff shall educate patients registered with the special needs registry that special needs shelters are an option of last resort and that services may not be equal to what they have received in their homes.

(15) The prioritized list of patients maintained by the home health agency shall be kept current and shall include information as defined in Section 400.492(2), F.S. The prioritized list shall also include residents in assisted living facilities and adult family care homes who require nursing services. This list will assist home health agency staff during and immediately following an emergency which requires implementation of the emergency management plan. This list also shall be furnished to local County Health Departments and to the county Emergency Management office, upon request.

(16) The patient record for each person registered as a special needs patient shall include information as listed in Section 400.492(1), F.S.

(17) The home health agency is required to maintain in the home of the special needs patient a list of patient-specific medications, supplies and equipment required for continuing care and service should the patient be evacuated. The list must include the names of all medications, their dose, frequency, route, time of day and any special considerations for administration. The list must also include any allergies; the name of the patient’s physician and the physician’s phone number(s); the name, phone number and address of the patient’s pharmacy. If the patient permits, the list can also include the patient’s diagnosis.

Rulemaking Authority 400.497 FS. Law Implemented 400.492, 400.497 FS. History–New 7-18-01, Amended 8-15-06, 3-29-07, 7-11-13,                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ruby Grantham

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 17, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2015