Definitions, Transitional Living Facility (TLF) Service Requirements

DEPARTMENT OF HEALTH
Division of Health Access and Tobacco

RULE NO: RULE TITLE
64I-1.001: Definitions
64I-1.005: Transitional Living Facility (TLF) Service Requirements

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 3, January 22, 2010 issue of the Florida Administrative Weekly.

64I-1.001 Definitions.

(1) Definitions for terms used in §§ 381.739-.79, F.S., and 64I-1.001-1.0034, consistent with § 381.745, F.S.

(a) Appropriate Level of Functioning in the Community: Maintaining oneself in a Community of one’s informed choosing by performing activities of daily living, independently, or with support, but without the need for Services. A particular level of functioning in the Community is not an Appropriate Level of Functioning in the Community if the underlying activities of daily living:

(i) Cannot be safely performed in a manner that is consistent with the Eligible Individual’s limitations; or

(ii) Are not financially supportable for the foreseeable future.

(b) External Trauma: A trauma from a source external to the body that causes the injury solely by the force of the trauma, not through an intervening biological process such as blood clot, blood loss, or lack of oxygen.

(c) Legal Resident: An individual who currently lives in Florida, has the present intent to remain in Florida indefinitely, and has lawful permanent presence in the United States of America.

(d) Medically Stable: The Applicant’s mental and physical health are sufficiently stable so that BSCIP can make a determination as to whether the Applicant is otherwise eligible for the General Program.

(e) Moderate to Severe Brain Injury: Glasgow 12 and below or Rancho 8 and below.

(f) Reintegration into the Community: Maintaining oneself in a Community by performing activities of daily living, independently, or with support, but without the need for Services.

(g) Unable to Provide Services for all Eligible Individuals: The General Program is unable to purchase Services within three months of the scheduled time for each such Service for each Eligible Individual due to budget shortfall.

(2) Additional definitions for terms used in 64I-1.001-1.0034, consistent with § 381.745, F.S.

(a) Applicant: An individual requesting determination of eligibility for the General Program.

(b) Community: A location no more restrictive than an assisted living facility licensed under Ch. 42900, Pt. III, F.S.

(c) Eligible Individual: An individual determined eligible for the General Program.

(d) Equipment: For purposes of §381.79(1)(b), F.S., means personal property not required to be titled under state law and does not include fixtures to real property except as modfications to a residence.

(e) General Program: The program for which eligibility is determined under § 381.76, F.S.

(f) Glasgow Coma Scale Score (Glasgow): The neurological assessment developed by G. Teasdale and B. Jennett in “Assessment of Coma and Impaired Consciousness: A Practical Scale,” Lancet 1974; 22: 81-84. A copy of the Glasgow may be obtained from the Department of Health, Brain and Spinal Cord Injury Program, 4052 Bald Cypress Way, Bin C-25, Tallahassee, Florida 32399-1744 and which is incorporated herein by reference.

(g) Rancho Los Amigos Scale, revised (Rancho): A cognitive functioning scale to determine the level or severity of a brain injury based on observations of the patient’s response to external stimuli. Original Scale co-authored by Chris Hagen, Ph.D., Danese Malkmus, M.A., Patricia Durham, M.A., Communication Disorders Service, Rancho Los Amigos Hospital, 1972. Revised 11/15/74 by Danese Malkmus, M.A., and Kathryn Stenderup, O.T.R. Revised scale 1997 by Chris Hagen. A copy of the Rancho may be obtained from the Department of Health, Brain and Spinal Cord Injury Program, 4052 Bald Cypress Way, Bin C-25, Tallahassee, Florida 32399-1744 and which is incorporated herein by reference.

(h) Services: Services provided by the General Program.

Rulemaking Specific Authority 381.0011 FS. Law Implemented 381.76 FS. History–New 5-9-05, Amended 10-31-05,_______.

 

64I-1.0045 Transitional Living Facility (TLF) Services.

(1) Services:

(a) No entity can deliver TLF services without complying with this rule and before receiving a TLF license from the Agency for Health Care Administration under §400.805, Chapter 59A-17, F.A.C.;

(b) TLF services are solely for persons who have sustained brain or spinal cord injury as defined in §381.745, F.S.;

(c) TLF services do not include services as an appropriate discharge site;

(d) No entity can deliver services as a TLF before requesting and satisfactorily undergoing a Brain and Spinal Cord Injury Program survey using the Transitional Living Facility Survey Report – Brain Injury Plan and Transitional Living Facility Survey Report – Spinal Cord Injury Plan Standards and Criteria for Transitional Living Facilities, respectively, DH Forms DH-BSC 1008, 7/09 and 1009, 7/09. These forms are incorporated by reference and copies are available from the Department. Copies of these forms and requests for Brain and Spinal Cord Injury Program survey may be made by contacting the Brain and Spinal Cord Injury Program via: mail at 4052 Bald Cypress Way, Bin C-25, Tallahassee, FL 32399-1744 or telephone [phone] or toll-free [phone]. Copies of the form may also be obtained at http://www.doh.state.fl.us/demo/BrainSC/Facilities/ReviewInstruments.htm.

(e) No entity can deliver services as a TLF except upon obtaining and maintaining Commission on Accreditation of Rehabilitation Facilities (CARF) accreditation for actions taken or intended to be taken under a TLF license. CARF may be reached via: the internet www.carf.org; telephone, [phone] or toll-free [phone] voice; fax, [phone]; and by mail CARF-CCAC, 1730 Rhode Island Avenue NW, Suite 209, Washington, DC 20036, USA.

PROPOSED EFFECTIVE DATE: December 1, 2010

Rulemaking Authority 381.0011 FS. Law Implemented 381.75, 400.805 FS. History–New_________.