Definitions, Licensure Requirements

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NOS.:RULE TITLES:

59A-8.002Definitions

59A-8.003Licensure 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. 45 No. 58, March 25, 2019 issue of the Florida Administrative Register.

The following sections of the proposed rule will be changed to read:

 

59A-8.002 Definitions.

(1) “Accrediting organization” means the Community Health Accreditation Partner Program, The Joint Commission, or Accreditation Commission for Health Care.

(2) through (5) No change.

(6) “DCF” means the Department of Children and Family Services.

(7) through (8) renumbered (6) through (7).

(8) (9) “Drop-off site” means any location in any county within the geographic service area of the main office, pursuant to subsection 59A-8.003(7) 59A-8.003(9), F.A.C.

(10) renumbered (9).

(10) (11) “Employee leasing company” means a company licensed and regulated under Chapter 468, Part XI, F.S. An employee leased to a home health agency by an employee leasing company shall be deemed to be an employee of the home health agency for licensure purposes pursuant to section 468.534, F.S.A leasing company handles the payroll and taxes on leased employees. While an employee leasing company pays the withholding taxes, the employee is still considered a direct employee, as defined in section 468.534, F.S., of the home health agency.

(12) through (14) renumbered (11) through (13).

(15) “Licensed nurse,” as defined in Sections 464.003(4) and 464.003(5), F.S., means a registered nurse licensed to practice professional nursing or a licensed practical nurse licensed to practice nursing under the direction of a physician or registered nurse pursuant to Chapter 464, F.S.

(16) through (28) renumbered (14) through (26).

(27) (29) “Satellite office” means a related office established in the same geographic service area as the main office, pursuant to subsection 59A-8.003(5) 59A-8.003(7), F.A.C.

(30) through (33) renumbered (28) through (31).

(32) (34) “Treatment orders” means written orders signed by a physician, physician assistant, or advanced registered nurse practitioner, acting within his or her respective scope of practice, which authorizes the provision of care or treatment to a patient in his place of residence by registered nurses, licensed practical nNurses, pPhysical tTherapists, oOccupational tTherapists, sSpeech tTherapists, or dDietitians/nNutritionists.

 

59A-8.003 Licensure Requirements.

The following changes have been made to the Health Care Licensing Application, Home Health Agency, AHCA Form 3110-1011, April 2019:

 

Pg. 6, Section 5.C. Registered Nurse:

In the table heading, the words “Registered Nursing” will be changed to “Registered Nurse”.

 

Pg. 7, Section 6.D. Nonimmigrant Aliens:

In the first question, Add “pursuant to section” before 408.8065(2), F.S. and remove the parentheses.

 

Pg. 8, Section 8. Accreditation/Deemed Status:

Under the “No longer accredited and/or deemed” checkbox, change “Non-skilled provider exempt from accreditation requirement per 400.471(2)(g), F.S. effective 7/1/2014.” to “Non-skilled provider exempt from accreditation requirement pursuant to section 400.471(2)(g), F.S.”

 

Pg. 11, Section 13. Supporting Documents:

Under “Documents to be provided”, remove the item “Facility ownership/lease documentation” as it is duplicative of the “Proof of legal right to occupy documentation” above.

 

The following changes have been made to the Health Care Licensing Application, Home Health Agency, AHCA Form 3110-1011 OL, April 2019:

 

Pgs. 10-19, Personnel section:

Pg. 11 Administration – “Failing to do so will result in an omission” will be removed from next to the “Edit Individual” box.

 

Pg. 12 Administrator – The words “more than” were inadvertently left out from the following sentence and will be added as follows: “An administrator cannot be the Director of Nursing if there are (insert “more than”) 10 full time equivalent staff including contracted personnel working in the home health agency.”

 

Pg. 14 Director of Nursing – Under “Experience”, the following sentence will be removed: “If providing only non-skilled services, a Director of Nursing is not required, but the home health agency must have a Registered Nurse to supervise the provision of services by home health aides, CNA.”

 

Pg. 15 Alternate Director of Nursing – Under “Experience”, the following sentence will be removed: “If providing only non-skilled services, a Director of Nursing is not required, but the home health agency must have a Registered Nurse to supervise the provision of services by home health aides, CNA.”

 

Pg. 17 Registered Nurse – under “Experience”, the following sentence will be added: “”An RN is required for home health agencies providing only non-skilled services to perform supervisory visits to the patient’s home in accordance with the patient’s direction, approval and agreement to pay for the charge for the visits and to provide supervision and oversight of home health aides and certified nursing assistants as stated in section 400.487(3), Florida Statutes and section 59A-8.0095(5), F.A.C.”

 

Pgs. 20-23 Required Disclosure section:

Pg. 23 Nonimmigrant Aliens – Add “pursuant to section” before 408.8065(2), F.S. and remove the parentheses.

 

Pg. 24 Accreditation:

The following sentence will be deleted: “Otherwise, select the option below” and language will be added to reference the accreditation requirement.  Also, the “Not Accredited” checkbox will be moved below the “Accrediting Organization” table and will be expanded to include reason/exemption for not requiring accreditation.

 

Pg. 27, Services:

Section 4. – The reference to 400.471(2)(c), F.S. will be revised to reflect the correct section 400.474(7), F.S.