To conform rules to current Florida Statutes.

DEPARTMENT OF VETERANS' AFFAIRS

RULE NO: RULE TITLE
55-12.002: Policies
55-12.003: Definitions
55-12.004: Admission Eligibility
55-12.006: Residents' Contribution to Cost of Care
55-12.007: Order and Discipline in the Home
55-12.008: Residents' Deposit of Money or Personal Property
PURPOSE AND EFFECT: To conform rules to current Florida Statutes.
SUMMARY: Veterans’ Nursing Home of Florida.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 296.34(3) FS.
LAW IMPLEMENTED: 296.33, (6), 296.34-.38, 296.41 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ron Lynn, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

55-12.002 Policies.

(1) The Veterans’ Nursing Homes of Florida shall be maintained to provide nursing home care to eligible veterans in need of such services by providing each resident the opportunity to achieve and maintain their optimal functional level for as long as possible.

(2) Applicants shall be admitted into the home without regard to race, age, gender, sex, creed, religion, national origin, or any other reason that would thereby create a practice of discrimination. However, consideration of an applicant’s veteran status shall not constitute discrimination.

(3) The Department will operate the homes in compliance with the standards prescribed by the VA; and with all applicable provisions of Part II, Chapter 400, Florida Statutes, and the regulatory standards set forth at Chapter 59A-4, F.A.C., to the extent that such provisions are not contravened by a provision of Part II, Chapter 296, Florida Statutes. Where the standards of the state are more restrictive than the standards of the VA, the standards of the state shall apply.

Specific Authority 296.34(3) FS. Law Implemented 296.33(6), 296.35, 296.41 FS. History–New 5-23-93, Amended 12-27-98,_________.

 

55-12.003 Definitions.

(1) The terms used in this Chapter have the meaning set forth at Section 296.33, Florida Statutes.

(2) “Applicant” means a veteran as defined in subsection 1.01(14), Florida Statutes, who is in need of nursing home care.

(3) “Interdisciplinary Care Plan” means the resident care plan developed, implemented and maintained for each resident in accordance with Rule 59A-4.109, F.A.C.

(4) “Property” means equipment, fixtures and other tangible personal property of a nonconsumable and nonexpendable nature the value or cost of which is $1,000 $500 or more and the normal expected life of which is one year or more, and hardback-covered bound books the value of which is $250 $100 or more, owned by the state.

(5) “VA” means the United States Department of Veterans Affairs.

Specific Authority 296.34(3) FS. Law Implemented 296.33, 296.38, 296.41 FS. History–New 5-23-93, Amended 12-27-98,_________.

 

55-12.004 Admission Eligibility.

(1) To be eligible for admission an applicant must:

(a) Be an eligible veteran as defined in subsection 55-12.003(2), F.A.C., of this Chapter of these rules.

(b) Be a resident of the state at the time of application and for 1 year immediately preceding application.

(c) Be in need of nursing home care for a condition which requires services that fall within the level of care which the home has the resources and functional ability to provide.

(2) Each applicant must be referred to the home by a VA Medical Center. Except for an applicant who is able to pay the full cost of care, prior to admission, each applicant must have been approved by the VA as being eligible for federal aid pursuant to Section 17.195 of Title 38, Code of Federal Regulations, incorporated by reference in this rule.

Specific Authority 296.34(3) FS. Law Implemented 296.36 FS. History–New 5-23-93, Amended 12-27-98, 7-26-00,_________.

 

55-12.006 Residents’ Contribution to Cost of Care.

(1) Every resident who receives income from any source, including pension, compensation or gratuity from the United States government of more than $35.00 per month, shall contribute to his or her cost of care while a resident of the home to the fullest extent possible.

(a) Income from any source is income over which the resident has control and can exercise discretion. It does not include taxes or other expenses necessary for the production of the income.

(b) Pension, compensation or gratuity from the United States Government is the amount paid to the resident as a single person. Additional amounts paid for the support of a spouse or other dependents are not considered.

(c) A resident’s income shall include all income from any source, plus any pension, compensation or gratuity from the United States Government, minus $35.00. Upon the recommendation of the Administrator, and with the approval of the Director, a resident will be allowed to retain some additional amount on a temporary basis, when necessary due to exceptional or unusual personal health needs of the resident.

(2) The Administrator shall determine the amount of the required contribution of each resident of the home based on the daily cost of care in the home.

(a) The daily cost of care is calculated by dividing the total operating budget of the home for the period for which the calculation is being made by the estimated total number of days in the period that residents will occupy beds in the home (average daily census).

(b) The daily cost of care will be calculated annually based on the 12 month state fiscal year (July 1 through June 30), except that if the average daily census changes by 10%, up or down, for the immediately preceding 3 calendar month period, the Administrator may shall recalculate the daily cost of care based on the revised daily census figure.

(c) The residents required contribution shall be adjusted, up or down, on the first day of the month following the month in which the recalculation of the daily cost of care occurs. has occurred.

(3) The VA contribution is the amount of VA per diem payment to the home for those residents determined by the VA to be eligible to receive such assistance.

(4)(a) The required contribution for a resident who is eligible for the VA contribution is the daily cost of care as calculated under paragraph (2)(a) herein, not to exceed the amount of the resident’s income as calculated under paragraph (1)(c) herein.

(b) The required contribution for a resident who is not eligible for the VA contribution is the daily cost of care as calculated under paragraph (2)(a) herein.

(5) Upon admission the resident shall pay in full, in advance, the pro-rata share of the resident’s contribution for the remainder of the calendar month during which the resident is admitted.

(6) Each resident shall pay the full amount of the resident’s contribution for each calendar month, in advance, by the fifth business day of the month. In the event the resident is discharged for any reason before the end of the month, a pro-rata portion of the resident’s contribution for the month shall be refunded to the resident.

(7) Failure to pay the required contribution will be cause for the Administrator, subject to the approval of the Director, to dismiss the resident from the home.

Specific Authority 296.34(3) FS. Law Implemented 296.37 FS. History–New 5-23-93, Amended 12-27-98, 7-26-00,_________.

 

55-12.007 Order and Discipline in the Home.

(1) Resident of the home shall cooperate fully in the preservation of order and discipline in the home.

(a) Residents shall observe good health habits and personal hygiene.

1. Smoking inside the home is prohibited. Areas may shall be designated outside the home for such use.

2. The use of drugs or any controlled substance in the home is prohibited except as provided in subparagraph 3. herein. Alcohol may be consumed by a resident as ordered by the resident’s physician.

3. Prescription drugs will be controlled by the home, to be administered as ordered by the resident’s physician. Residents may self-administer prescription or over the counter drugs as ordered by the resident’s physician where the Interdisciplinary Care Plan of the resident indicates this practice to be safe.

4. Resident’s shall submit to such physical or mental examinations and shall cooperate in such health or rehabilitative programs as may be ordered by the resident’s physician or the Medical Director.

(b) Residents shall conduct themselves in a way that does not endanger the safety or comfort of other residents of the home.

1. Residents shall not bring anything into the home that endangers the safety or comfort of other residents.

2. Residents shall not have personal items in their possession that would constitute a fire or safety hazard.

3. Residents shall maintain a courteous relationship toward other residents and staff of the home. Abusive, profane or obscene language shall not be used.

4. Residents shall dress appropriately for the particular activity that they may be engaged in from time to time.

5. Residents shall respect the property of other persons and the facilities of the home.

6. Illegal gambling shall not be permitted in the home.

(c) Visiting hours, area of visitation, and conduct of residents and visitors during visits shall not interfere with the comfort and well-being of other residents.

(d)1. A resident may leave the home for up to 96 hours where such absence is approved in the resident’s Interdisciplinary Care Plan. The resident is required to make the full contribution to the cost of care while absent.

2. A resident who leaves against medical advice shall not be eligible to return unless approved by the resident’s physician and the Administrator.

(e) No resident shall engage in illegal conduct.

(2) The Administrator, subject to the approval of the Director, is empowered by subsection 296.34(5), Florida Statutes, to dismiss a resident of the home for any infraction of these rules.

(3) Where the Administrator determines that a resident has caused physical damage to the home, or its furnishings and equipment, either negligently or intentionally, the Administrator shall determine the cost of repairs or replacement, and take action to recover such costs. The Administrator shall recover such repair or replacement cost by:

(a) Increasing the resident’s co-payment.

(b) Using funds of the resident that are on deposit in the Resident’s Deposit Trust Fund.

(c) Holding personal property or funds of the resident being held by the home for safekeeping as security for the cost of repairs or replacement.

Specific Authority 296.34(3) FS. Law Implemented 296.34 FS. History–New 5-23-93, Amended 12-27-98,_________.

 

55-12.008 Residents’ Deposit of Money or Personal Property.

(1) The Veterans’ Nursing Home of Florida Residents’ Deposit Trust Fund is established in a local financial institution that is insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Association (NCUA). The Residents’ Deposit Trust Fund is a local fund which is not part of the State Treasury.

(2) Any resident of the home may voluntarily deposit moneys with the home at no charge to be made of the resident by the home.

(a) All interest earned on the residents’ deposits shall be deposited in the Resident’s Deposit Trust Money deposited and any interest earned my be withdrawn, in whole or in part, at the will of the resident. Upon the resident’s death, money deposited and any interest earned will be distributed in accordance with Section 296.12(2), F.S. Grants and Donations Trust Fund to be expended for the common benefit of the residents of the home, such as improved facilities, recreational equipment and recreational supplies subject to the requirements of Chapter 216, Florida Statutes.

(b) Each resident desiring to make a deposit of funds to the Resident’s Deposit Trust Fund shall be informed of the above provision.

(3) Such moneys as a resident may have on deposit with the Residents’ Deposit Trust Fund may be withdrawn, in whole or in part, at the request of the resident. A resident who requests a withdrawal between 9:00 a.m. and 11:00 a.m. on any weekday, excluding holidays observed by state employees, will, by 2:00 p.m. of the day the request is made, receive cash up to $150. A resident who requests a withdrawal of more than $150 will receive a check payable to the resident drawn on the Resident’s Trust Fund a check payable to the resident drawn on the Trust Fund. Except in an emergency, requests made after 11:00 a.m. will be processed handled on the next regular business day weekday.

(4) Upon a resident leaving the home, if such moneys are not withdrawn by the resident at the time of departure, they shall be held in the Trust fund for a period of 3 years, unless withdrawn by the resident or demanded by a legal representative or heir of the resident in the event the resident is deceased.

(a) Upon the death of a resident who died intestate, the Administrator is empowered to:

1. Disburse funds of the deceased resident for payment of the resident’s funeral expenses.

2. Upon proof determined by the Administrator to be proper to adequately identify the heirs of the deceased resident without probate proceedings, the Administrator shall pay to the heirs any balance of moneys held by the home.

(5) If after 3 years the resident does not demand the funds that were not withdrawn at the time of departure, or, if after the death of a resident or former resident who still has funds on deposit no heirs who are entitled to the whole of such funds are discovered within 1 year after the death of the resident, then such remaining funds shall be paid to the state as provided in Chapter 717, Florida Statutes.

(6) The Administrator shall provide for the safekeeping of the personal property of any resident as well as the funds of any resident not deposited in the Resident’s Deposit Trust Fund. All such property or funds shall be handled in accordance with subsection 59A-4.104(5), F.A.C.

Specific Authority 296.34(3) FS. Law Implemented 296.38 FS. History–New 5-23-93, Amended 12-27-98,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: David Herman
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Earl Daniell
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 4, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 15, 2008