The proposed rule amendments were developed in consultation with the Agency for Health Care Administration (AHCA). The proposed amendment to Rule 58A-14.003, F.A.C., revises and clarifies where to obtain the Adult Family Care Home (AFCH) License ...

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
58A-14.0085: Records
58A-14.0091: Fire Safety Standards and Emergency Procedures
PURPOSE AND EFFECT: The proposed rule amendments were developed in consultation with the Agency for Health Care Administration (AHCA). The proposed amendment to Rule 58A-14.003, F.A.C., revises and clarifies where to obtain the Adult Family Care Home (AFCH) License application, AHCA Form 3180-1022, dated January 2006, which is incorporated by reference in the rule. Language is added to require AFCH providers to submit copies of their annual fire safety and sanitation inspection reports to AHCA and lists the remedies for failure to comply with this requirement. The proposed amendment to Rule 58A-14.008, F.A.C., deletes the requirement that AFCH providers attend update training for any portion of the basic course that has been updated as the result of new legislation or rule amendment. The proposed amendment to Rule 58A-14.0085, F.A.C., requires all AFCH providers to maintain a record of each fire exit drill on Form D14-1437 pursuant to Rule 69A-57.006, F.A.C. The proposed amendment to Rule 58A-14.0091, F.A.C., deletes obsolete references and updates the rule to require that each AFCH provider shall be subject to Chapter 69A-57, Uniform Fire Safety Standards for Adult Family Care Homes, F.A.C. Additionally, the amendment to Rule 58A-14.0091, F.A.C., outlines the AFCH provider’s responsibility for providing information to a resident’s essential medical service providers during and after a declared disaster or emergency.
SUMMARY: The proposed rule amendments revise the application, renewal, and conditional license form and the licensure process; staff qualifications, responsibilities, and training; records; and fire safety standards and emergency procedures for AFCH providers.
SUMMARY 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: 400.619, 400.621, 400.6211, 400.625 FS.
LAW IMPLEMENTED: 400.619, 400.6194, 400.6196, 400.621, 400.6211, 400.625, 400.628 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: Jim Crochet, Office of the General Counsel, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, [phone]. E-Mail address: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE 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 shall file an Adult Family Care Home License application, AHCA Form 3180-1022, January 2006 August 2003, which is incorporated by reference, and may be obtained from with 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 application shall be accompanied by the following:

 1. A completed Request for Level 1 Criminal History  Request Screening, AHCA Form 3110-0002, July 2005 January 2003 for the applicant, each relief person, all adult household members, and all staff., The form which 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], for the applicant, each relief person, all adult household members, and all staff. 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 400.619(4)(a)(b), F.S.:

a. Submit proof of Level I screening conducted within the last 5 years pursuant to a facility or professional license requirement of AHCA or the Department of Health and provide a copy of the professional or facility license, and an affidavit of current compliance with the background screening requirements of Section 435.03, F.S.; or

b. Have been continuously employed in the same type of occupation for which the person is seeking employment without a break in service that exceeds 180 days, and can provide proof that level 1 background screening has been conducted within the last 2 years. Proof of compliance must be obtained by the applicant from the person’s previous employer and not from the person.

2. through 6. No change.

7. Documentation of radon testing as mandated by Section 404.056(5), F.S.

8. through 9. renumbered 7. through 8. No change.

(b) through (d) No change.

(2) LICENSE RENEWAL.

(a) The agency shall annually provide an aApplication forms for license renewal, AHCA Form 3180-1022, January 2006, either shall be provided electronically or by mail delivery, annually by the agency to the 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 currently held license.  

(b) In addition to 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 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 400.6194 and 400.6196, 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 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 400.6194 and 400.6196, F.S., and Rule 58A-14.010, F.A.C.

3. No change.

(c) No change.

(3) through (4) No change.

 

Specific Authority 400.619, 400.621, 400.6194, 400.6196 FS. Law Implemented 400.619, 400.621, 400.6194, 400.6196 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,_________.

 

58A-14.008 Staff Qualifications, Responsibilities and Training.

(1) MINIMUM STAFF REQUIREMENTS.

(a) No change.

(b) 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 and 3110-0003, or other evidence of compliance as provided in Section 400.619, 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) No change.

(2) through (3) No change.

(4) TRAINING.

(a) through (b) No change.

(c) AFHC providers must attend update training for any portion of the basic course which has been updated as the result of new legislation or rule amendments.

(d) through (f) renumbered (c) through (e) No change.

 

Specific Authority 400.619, 400.621, 400.6211 FS. Law Implemented 400.619, 400.621, 400.6211 FS. History–New 2-2-95, Formerly 10A-14.008, Amended 9-19-96, 6-6-99, 1-1-04,________.

 

58A-14.0085 Records.

(1) RESIDENT RECORDS.

(a) The record shall, at a minimum, contain:

1. through 2. No change.

3. For residents who are OSS recipients, a copy of the Alternate Care Certification for Optional State Supplementation (OSS) Form, CF-ES 1006, March 1998 February 2005, provided by the Department of Children and Family Services.

4. through 13. No change.

(b) No change.

(2) No change.

(3) FACILITY RECORDS. The AFCH provider shall maintain the following records on the premises and ensure the records are available for inspection by the agency:

(a) through (h) No change.

(i) The facility shall maintain a record of each fire exit drill on Form DI4-1437, revised 1/2001, Fire Exit Drill Records for Adult Family Care Homes as set forth in subsections 69A-57.006(6) and (7), F.A.C.

 

Specific Authority 400.619, 400.621, 400.6211, 400.625 FS. Law Implemented 400.619, 400.621, 400.6211, 400.625, 400.628 FS. History–New 6-6-99, Amended________.

 

58A-14.0091 Fire Safety Standards and Emergency Procedures.

(1) FIRE SAFETY STANDARDS.

(a) Each adult family-care home shall be subject to the requirements of Rule Chapter 69A-57, Uniform Fire Safety Standards for Adult Family Care Homes, F.A.C.; Chapter 21, Section 22-3.3.5.3 of Chapter 22, Sections 23-2.2.1 and 23-2.3.4.3 of Chapter 23, and Sections 31-7.1, 31-7.2, and 31-7.3 of Chapter 31 of the National Fire Protection Association Life Safety Code, NFPA 101, 1994 edition, which is adopted by reference.

(b) No change.

(2) EMERGENCY PROCEDURES.

(a) through (b) No change.

(c) Emergency telephone numbers shall be present by a designated telephone and include the following:

1. through 7. No change.

8. AHCA’s Field Area Office; and

9. The Relief Person;. and

10. Providers of essential medical services.

(d) In the event of a declared disaster or emergency, the AFCH provider shall make available all necessary information regarding a resident’s location to essential medical service providers, both during and after the disaster or emergency.

 

Specific Authority 400.619, 400.621 FS. Law Implemented 400.619, 400.621 FS. History–New 9-19-96, Amended 6-6-99,_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Crochet
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Carole Green, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 9, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 14, 2004