The proposed rule amendments were developed in consultation with the Agency for Health Care Administration. Pursuant to Section 429.41(1)(l), F.S., [formerly 400.441(1)(l), F.S.], the department is required to establish specific policies and ...

DEPARTMENT OF ELDER AFFAIRS
Federal Aging Programs

RULE NO: RULE TITLE
58A-5: ASSISTED LIVING FACILITIES
58A-5.024: Records
58A-5.0181: Residency Criteria and Admission Procedures
58A-5.0182: Resident Care Standards
58A-5.0191: Staff Training Requirements and Competency Test
PURPOSE AND EFFECT: The proposed rule amendments were developed in consultation with the Agency for Health Care Administration. Pursuant to Section 429.41(1)(l), F.S., [formerly 400.441(1)(l), F.S.], the department is required to establish specific policies and procedures regarding resident elopement.
SUMMARY: The proposed rule amendments include the requirement for resident elopement policies and procedures as they relate to residency criteria and admission procedures, resident care standards, staff training requirements and competency test, and records.
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: 429.07, 429.26, 429.41 FS.
LAW IMPLEMENTED: 429.02, 429.07, 429.075, 429.26, 429.41 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):
TIME AND DATE: September 6, 2006, 10:00 a.m. -11:00 a.m.
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 225F, Tallahassee, FL 32399-7000.
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 72 hours before the workshop/meeting by contacting: Jim Crochet, 4040 Esplanade Way, Tallahassee, FL 32399-7000, telephone number [phone]. 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: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Tallahassee, FL 32399-7000, telephone number [phone], Email address [e-mail].

THE FULL TEXT OF THE PROPOSED RULE IS:

 58A-5.0181 Residency Criteria and Admission Procedures.

     (1) Through (2) No change.

     (3) ADMISSION PACKAGE.

     (a) The facility shall make available to potential residents a written statement(s) or statements which includes the following information listed below.  A promotional brochure prepared by the facility or a copy of the facility resident contract or facility brochure form used by the facility which contains all of the required information shall meet this requirement.:

     1. through 10. No Change.

     11. If the facility also has an extended congregate care program, the ECC program’s residency criteria, and a deion of the additional personal, supportive, and nursing services provided by the program, additional costs, and any limitations, if any, on where ECC residents must reside based on the policies and procedures described in Rule 58A-5.030, F.A.C.; and

     12. If the facility advertises that it provides special care for persons with Alzheimer’s disease and or related disorders, a written deion of those special services as required under Section 429.177, F.S.; and

     13. A copy of the facility’s resident elopement response policies and procedures.

     (b) through (c) No change.

     (4) through (5) No change.

Specific Authority 429.07, 429.26, 429.41 FS. Law Implemented 429.02, 429.07, 429.075, 429.26, 429.41 FS. History–New 9-17-84, Formerly 10A-5.181, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.0181, Amended 10-30-95, 6-2-96, 10-17-99,_____.       

 

     58A-5.0182 Resident Care Standards.

An assisted living facility shall provide care and services appropriate to the needs of residents accepted for admission to the facility.

     (1) through (5) No change.

     (6) RESIDENT RIGHTS AND FACILITY PROCEDURES.

     (a) through (d) No change.

     (e) The facility shall have a written statement of its the facility’s house rules and procedures which shall be included in the admission package provided pursuant to Rule 58A-5.0181, F.A.C. The rules and procedures shall address the facility’s policies with respect to such issues, for example, as resident responsibilities, the facility’s alcohol and tobacco policy, medication storage, the delivery of services to residents by third party providers, resident elopement, and other administrative and housekeeping practices, schedules, and requirements.

     (f) through (h) No change.

     (7) No change.

     (8) ELOPEMENT STANDARDS.

     (a) Residents Assessed At Risk for Elopement.

All residents assessed at risk for elopement or with any history of elopement shall be identified so staff can be alerted to their needs for support and supervision.

     1.  As part of its resident elopement response policies and procedures, the facility shall make, at a minimum, a daily effort to determine that at risk residents have identification on their persons that includes their name and the facility’s name, address, and telephone number.  Staff attention shall be directed towards residents assessed at high risk for elopement, with special attention given to those with Alzheimer’s disease and related disorders assessed at high risk.

     2.  At a minimum, the facility shall have a photo identification of at risk residents on file that is accessible to all facility staff and law enforcement as necessary.  The photo identification shall be made available for the file within 10 calendar days of admission.  In the event a resident is assessed at risk for elopement subsequent to admission, photo identification shall be made available for the file within 10 calendar days after a determination is made that the resident is at risk for elopement.  The photo identification may be taken by the facility or provided by the resident or resident’s family/caregiver. 

     (b) Facility Resident Elopement Response Policies and Procedures.

The facility shall develop detailed written policies and procedures for responding to a resident elopement.  At a minimum, the policies and procedures shall include:

     1.  An immediate staff search of the facility and premises;

     2. The identification of staff responsible for implementing each part of the elopement response policies and procedures, including specific duties and responsibilities;

     3. The identification of staff responsible for contacting law enforcement, the resident’s family, guardian, health care surrogate, and case manager if the resident is not located pursuant to subparagraph (8)(b)1; and

     4. The continued care of all residents within the facility in the event of an elopement.

     (c) Facility Resident Elopement Drills.

The facility shall conduct resident elopement drills pursuant to Sections 429.41(1)(a)3. and 429.41(1)(l), F.S.

     (9)(8) OTHER STANDARDS. Additional care standards for residents residing in a facility holding a limited mental health, extended congregate care or limited nursing services license are provided in Rules 58A-5.029, 58A-5.030 and 58A-5.031, F.A.C., respectively.

Specific Authority 429.02, 429.41 FS. Law Implemented 429.02, 429.255, 429.256, 429.26, 429.28, 429.41 FS. History–New 9-17-84, Formerly 10A-5.182, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.0182, Amended 10-30-95, 4-20-98, 11-2-98, 10-17-99,________.

 

     58A-5.0191 Staff Training Requirements and Competency Test.

     (1) No change.

     (2) STAFF IN-SERVICE TRAINING.. Facility administrators or managers shall must provide or arrange for the following in-service training to facility staff:

     (a) through (e) No change.

     (f) All facility staff shall receive in-service training regarding the facility’s resident elopement response policies and procedures within thirty (30) days of employment.

     1. All facility staff shall be provided with a copy of the facility’s resident elopement response policies and procedures.

     2. All facility staff shall demonstrate an understanding and competency in the implementation of the elopement response policies and procedures.

      (3) through (11) No change.

Specific Authority 429.07, 429.178, 429.41, 429.52 FS. Law Implemented 429.07, 429.075, 429.178, 429.41, 429.52 FS. History–New 9-30-92, Formerly 10A-5.0191, Amended 10-30-95, 6-2-96, 4-20-98, 11-2-98, 10-17-99, 7-5-05,_______.

 

     58A-5.024 Records.

The facility shall maintain the following written records in a form, place and system ordinarily employed in good business practice and accessible to department and agency staff.

     (1) FACILITY RECORDS. Facility records shall include:

     (a) through (p) No change.

     (q) The facility’s resident elopement response policies and procedures.

     (r) The facility’s documented resident elopement response drills.

     (2) STAFF RECORDS. 

     (a) Personnel records for each staff member shall contain, at a minimum, a copy of the original employment application with references furnished and verification of freedom from communicable disease including tuberculosis. In addition, records shall contain the following, as applicable:

     1. through 2. No change.

     3. Documentation of compliance with level 1 background screening for all staff subject to screening requirements as required under Rule 58A-5.019, F.A.C.; and

     4. For facilities with a licensed capacity of 17 or more residents, A a copy of the job deion given to each staff member pursuant to Rule 58A-5.019, F.A.C., for facilities with a licensed capacity of seventeen (17) or more residents; and

     5. Documentation of facility direct care staff and administrator participation in resident elopement drills pursuant to Rule 58A-5.0182(8)(c).

     (b) through (c) No change.

     (3) through (4) No change.

Specific Authority 429.41, 429.275 FS. Law Implemented 429.07, 429.075, 429.24, 429.27, 429.275, 429.28, 429.35, 429.41 FS. History–New 5-14-81, Amended 1-6-82, 5-19-83, 9-17-84, Formerly 10A-5.24, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly10A-5.024, Amended 10-30-95, 4-20-98, 11-2-98, 10-17-99,_______.

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: July 26, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 9, 2006