The Agency is proposing to create a new rule chapter regarding residents’ rights in assisted living facilities licensed by the Agency. Section 429.28, Florida Statutes, directs the Agency to adopt rules for uniform standards and compliance with ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-36.001Standards and Criteria for Determining Resident Rights

PURPOSE AND EFFECT: The Agency is proposing to create a new rule chapter regarding residents’ rights in assisted living facilities licensed by the Agency. Section 429.28, Florida Statutes, directs the Agency to adopt rules for uniform standards and compliance with residents’ rights.

SUMMARY: The Agency is responsible for conducting surveys in assisted living facilities to determine general compliance with facility standards and compliance with residents’ rights as a prerequisite to initial licensure or license renewal. The Agency is proposing to create a new rule chapter that would standardize the survey process for determining compliance with the residents’ rights requirements.

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: 429.28 (3)(a), 408.819 FS.

LAW IMPLEMENTED: 429.28 (3)(a) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: April 4, 2016, 9:00 a.m. ‒ 10:00 a.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 3 days before the workshop/meeting by contacting: Anne Avery, RN LNC, [phone] or email: [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 IS: Anne Avery, RN LNC, [phone] or email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-36.001, Standards and Criteria for Determining Compliance with Facility Standards and Resident Rights

The Agency for Health Care Administration has the regulatory oversight of Assisted Living Facilities to determine compliance with facility standards and resident rights.

(1) DEFINITIONS.

In addition to the terms defined in Section 429.02, F.S., and Rule 58A-5.0131, F.A.C., the following definitions are applicable in this rule chapter.

(a) “Core Survey Task” means tasks conducted by Agency survey staff that focus on core areas of regulations. These are regulations that have the highest potential to affect outcomes related to the resident’s quality of life and quality of care.

(b) “Timely Manner” means as soon as possible, but not to exceed 24 hours of Agency staff having requested materials.

(2) SURVEY PROCESS FOR RESIDENT RIGHTS

The following core survey tasks shall be utilized during survey activities in order to determine the facility’s compliance with resident rights pursuant to 429.28, F.S. and 58A-5.0182, F.A.C.

1. The surveyor(s) conducts a tour of the facility to determine if the residents’ health, safety, and welfare are maintained. The tour includes observations and assessments of the following:

a. Resident behavior and demeanor;

b. Adherence to facility abuse prohibition policy and procedure;

c. Adherence to infection control policy and procedure;

d. General physical plant standards in accordance with 58A-5.023, F.A.C.;

e. Overall appearance of residents and observations of any special care needs;

f. Posting of Resident Bill of Rights and required phone numbers in accordance with 58A-5.0182, F.A.C.;

g. Resident access to phones and unrestricted private communication;

h. Resident ability to exercise;

i. Staff availability and responsiveness to resident care needs;

j. Medication storage and security;

k. Chemical and physical restraint use;

l. Positioning/transferring processes utilized by staff;

m. Any specialized care provided by the facility with a specialty license;

n. Any license conditions or restrictions as a result of Agency action.

2. The surveyor(s) conducts interviews with residents, family members/representatives, staff, and any other persons the surveyor(s) deems relevant to the survey in order to determine how the resident, family members/representatives and staff perceive the services delivered by the facility.

a. The facility may not restrict Agency staff from conducting confidential interviews pursuant to 429.14(6), F.S.

b. Interviews may be conducted both in person and telephonically.

3. The surveyor(s) reviews facility records to determine compliance with:

a. Licensure requirements in accordance with 58A-5.016, F.A.C.;

b. Inspection responsibilities in accordance with 58A-5.0161, F.A.C.;

c. Admissions procedures and appropriateness of placement and continued residency criteria in accordance with 58A-5.0182, F.A.C.;

d. Resident care standards in accordance with 58A-5.0182, F.A.C.;

e. Medication practices in accordance with 58A-5.0185, F.A.C.;

f. Do not resuscitate orders (DNROs) in accordance with 58A-5.0186, F.A.C.;

g. Staffing standards in accordance with 58A-5.019, F.A.C.;

h. Staff training requirements and competency training in accordance with 58A-5.0191, F.A.C.;

i. Alzheimer’s Disease or Related Disorders training provider and curriculum approval in accordance with 58A-5.0194, F.A.C.;

j. Food service standards in accordance with 58A-5.020, F.A.C.;

k. Fiscal standards in accordance with 58A-5.021, F.A.C.;

l. Physical plant stanards in accordance with 58A-5.023, F.A.C.;

m. Records in accordance with 58A-5.024, F.A.C.;

n. Resident contracts in accordance with 58A-5.025, F.A.C.;

o. Emergency management in accordance with 58A-5.026, F.A.C.

4. The facility must provide agency staff with requested documents in a timely manner and allow the agency staff to obtain copies.

5. Surveyor(s) conducts specific and general observations throughout the survey to determine compliance with: dietary standards, medication standards, infection control standards, resident activities, assistance with activities of daily living, facility practices, and resident daily routines.

6. For facilities licensed to provide specialty services such as Limited Mental Health, Extended Congregate Care, and Limited Nursing Services: the surveyor(s) reviews the required components in accordance with 58A-5.029, F.A.C., 58A-5.030, F.A.C., and 58A-5.031, F.A.C.

Rulemaking Authority 429.28(3)(a) FS. Law Implemented 429.28, FS. New .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Anne Avery, RN LNC

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek, Secretary of the Agency for Health Care Administration

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 29, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 22, 2015