58D-1: ADMINISTRATION OF THE ALZHEIMER'S DISEASE INITIATIVE
58D-1.001: Purpose
58D-1.002: Definitions
58D-1.003: Eligibility
58D-1.004: Program Components
58D-1.005: Program Administration
58D-1.006: Service Provider Responsibilities
58D-1.007: Program Forms
58D-1.009: Confidentiality and Disclosure of Information
PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to update Rule Chapter 58D-1, F.A.C., to reflect current statutory language, policies, and procedures; to add language regarding confidentiality and disclosure of information; to update program forms; and to delete duplicate references that are included in the revised Department of Elder Affairs Programs and Services Manual, 2006, which is incorporated by reference in this rule chapter. A notice of proposed rule development regarding revisions to the Department of Elder Affairs Programs and Services Manual, July 1994 and revised November 1994, was published in the Florida Administrative Weekly on June 24, 2005.
SUBJECT AREA TO BE ADDRESSED: Purpose of the Alzheimers Disease Initiative (ADI), definitions used in this rule chapter, eligibility for the ADI program, ADI program components, administration of the ADI program, service provider requirements under the ADI program, program forms, and the addition of language regarding confidentiality and the disclosure of information procedures.
SPECIFIC AUTHORITY: 410.401(2), 410.401(3), 430.08, 430.501-.504 FS.
LAW IMPLEMENTED: 410.401-.403, 430.04(6), 430.501-.504 FS., Ch. 91-115, Laws of Florida, s.10.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 11, 2006, 9:30 a.m. - 4:00 p.m.
PLACE: Department of Health, 4052 Bald Cypress Way, Conference Room 301, 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 (850)414-2000, Email address crochethj@elderaffairs.org. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jim Crochet, 4040 Esplanade Way, Tallahassee, FL 32399-7000, telephone number (850)414-2000, Email address crochethj@elderaffairs.org.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
58D-1.001 Purpose.
The purpose of these rules is to provide a framework by which the Department of Elder Affairs will administer Sections 430.501 410.401 through 430.504 410.403, F.S., the Alzheimers Disease Initiative. The Alzheimers Disease Initiative (hereinafter ADI) was established by the Legislature in 1985 to provide services and training to address the special needs of individuals suffering from Alzheimers disease and related memory disorders and their caregivers. It also provides for research relating to the cause, prevention, management, and treatment of the disease.
Specific Authority 410.401(3), 430.08 FS. Law Implemented 410.401-.403, 430.04(6), 430.501-.504 FS., Ch. 91-115, Laws of Florida, s.10. HistoryNew 3-28-95, Amended________.
58D-1.002 Definitions.
In addition to the definitions included in the Department of Elder Affairs Programs and Services Manual, 2006, incorporated by reference in this rule, the following terms are defined in this rule chapter:
(1) Alzheimers Disease: A progressive brain syndrome with insidious onset which results in impaired memory, language and cognitive dysfunction during an alert state;, behavioral changes;, and a decline in the ability to perform activities of daily living. Alzheimers disease can ultimately result in death. The term as used in these rules includes other related memory disorders. .
(2) Alzheimers Disease Advisory Committee: The committee created pursuant to Section 430.502(2), (3) 410.401(2), F.S., to advise the dDepartment in the performance of its duties pursuant to the ADI.
(3) Alzheimers Disease Initiative or ADI: The programs and services created and funded under the provisions of Sections 430.501- 430.504 410.401-.403, F.S.
(4) Alzheimers Disease Research Brain Bank: The entity designated by the dDepartment to collect post mortem normal control brains and brains of individuals who were clinically diagnosed as having Alzheimers disease for the purpose of conducting comparative research aimed at learning about, finding a cause, and developing a treatment or cure for the disease.
(5) Alzheimers Disease Registry: The entity designated by the Department to design and operate a data base to support demographic and epidemiological research on Alzheimers disease.
(5)(6) Area Agency on Aging (AAA): The agency designated by the dDepartment in a planning and service area (PSA) to develop and administer a plan for a comprehensive and coordinated system of services for older people.
(6) Care Plan: The tool used by the case manager to document the clients assessed needs, desired outcomes, services to be provided, and costs associated with the provision of services. The care plan is a plan of action, developed in conjunction with the client, caregiver, and the clients family or representative. It is designed to assist the case manager in the overall management of the clients care.
(7) Area Plan: The document developed by each Area Agency on Aging and submitted to the Department which identifies the planning, administrative and coordination activities to be undertaken by the Area Agency on Aging to assure a comprehensive and coordinated system of services for older people in the designated planning and service area.
(7)(8) Case Management: A client centered series of activities which include planning, arranging and coordinating community-based services for an eligible client and caregiver. Case management is an approved service, even when delivered in the absence of other services. Case management can be offered with services for emergency cases without an assessment for a limited period of time. Case management includes a comprehensive client assessment, development of an individualized care plan with planned client outcomes, and follow-up contacts for the purpose of monitoring the clients situation to ensure assure timely, effective delivery of services. Case management is a required service for model day care and respite care providers. It shall be provided to clients and caregivers in accordance with standards established by the Department.
(8)(9) Client: For the purposes of these rules, the client is Tthe person with Alzheimers disease; however, the clients caregiver will receive residual benefits through the provision of education, training, respite, and support services, as needed.
(9)(10) Department: The Department of Elder Affairs, the state agency designated to administer the ADI.
(11) District: The term as used in these rules mean planning and service area.
(10)(12) Memory Disorder Clinic: Research oriented programs created pursuant to Sections 430.502(1) and (2) 410.402(1) and (2), F.S., to provide diagnostic and referral services, conduct basic and service-related multidisciplinary research, and develop training materials and educational opportunities for lay and professional caregivers of individuals with Alzheimers disease. The memory disorder clinics are located at the Memory disorder clinics shall provide:
(a) A minimum of four (4) hours of in-service training annually to model day care and respite care providers in the designated service area; and
(b) A minimum of one (1) annual contact with each model day care and respite care provider in the designated service area to plan and develop service-related research projects.
(11)(13) Model Day Care Program: Refers to the three specialized day care programs specifically authorized by Section 430.502(4) 410.402(3), F.S. These programs provide a therapeutic setting for the provision of specialized services to persons clients with Alzheimers disease. They also provide training to health care and social service personnel and caregivers, and serve as a natural laboratory for research.
(12)(14) Planning and Service Area (PSA): The term as used in these rules means Aa geographic area of Florida that is designated for purposes of planning, development, delivery and overall administration of services under the ADI.
(13)(15) Programs and Services Manual: Department of Elder Affairs Programs and Services Manual, 2006. The manual includes descriptions, policies, and procedures for the operations of programs and services under the jurisdiction of the department. The manual is hereby incorporated by reference in this rule chapter. A copy of the manual is dated July 1994 and revised November 1994, available from at the Office of the Department of Elder Affairs, Secretary and at each AAA Area Agency on Aging, and the department Web site at http://elderaffairs.state.fl.us incorporated herein by reference.
(14)(16) Related Memory Disorders: Other forms of progressive memory disorders that result in diminished memory, language, and other cognitive functions and the inability to perform activities of daily living. Related memory disorders are included under the ADI in these rules.
(15)(17) Research: The term as used in these rules refers to Investigations undertaken to learn more about the Alzheimers disease process in order to determine the cause, resulting behavioral changes, treatment, cure, and family or societal impact of the Alzheimers disease.
(16)(18) Respite Care: A service to provide supervision and companionship for a specified period of time to a person with a diagnosis of Alzheimers disease, or a related disorder, as defined in these rules. The purpose of respite care is to provide temporary relief to the primary caregiver. Service providers may provide offer personal care services, as defined in Section 400.402(16), F.S., and essential supplies to a client under these rules. Respite care may be provided in the following settings:
(a) Facility-Based Respite: Respite care provided in a facility such as a licensed nursing home, adult day care center, assisted living facility adult congregate living facility, or other facility operated by a program under an ADI contract with funds provided by the department.
(b) NO CHANGE.
(17) (19) Service Provider: A private or public organization receiving funds from the dDepartment to provide services to individuals with Alzheimers disease or to their caregivers.
(18)(20) Training: The term as used in these rules refers to Tthe provision of educational activities and instruction to assist health care professionals, and social service providers, and the clients caregivers in understanding Alzheimers disease and to increase their knowledge and caregiving skills.
Specific Authority 410.401(3), 430.08 FS. Law Implemented 410.401-.402, 430.04(6), 430.501-.504 FS., Ch. 91-115, Laws of
58D-1.003 Eligibility.
(1) To be eligible to receive model day care services, an individual, regardless of age, must be 18 years of age and have a diagnosis of Alzheimers disease or a related memory disorder.
(2) To be eligible to receive all other services funded under the ADI, an iIndividuals, regardless of age, must be 18 years of age or older and have a diagnosis of Alzheimers disease or a related memory disorder, may be diagnosed as having or be suspected of having Alzheimers disease or a related memory disorders to be eligible for all other services funded under the Alzheimers Disease Initiative.
(3) The caregivers of individuals receiving services funded under the ADI are eligible to receive training and related support services to assist them in caring for the person with Alzheimers disease.
Specific Authority 410.401(3), 430.08 FS. Law Implemented 410.402(2)-(4), 430.501-.504 FS., Ch. 91-115, Laws of
58D-1.004 Program Components.
(1) In its role as advisor to the dDepartment, the Alzheimers Disease Advisory Committee shall provide feedback have responsibility for each of the following components:
(a) Memory Disorder Clinics;
(b) Registry;
(b)(c) Brain Bank;
(c)(d) Model Day Care; and
(d)(e) Respite Care.
(2) The Alzheimers Disease Advisory Committee shall address service, training, research, and coordination among components.
(3) The Alzheimers Disease Advisory Committee may enlist services, assistance, and direction from a broad representation of health care professionals, service providers, individuals affiliated with the Alzheimers Association, caregivers, and other interested or knowledgeable parties.
Specific Authority 410.401(2), 430.08 FS. Law Implemented 410.401(2) ), 430.501-.504 FS., Ch. 91-115, Laws of
58D-1.005 Program Administration.
(1) The Department of Elder Affairs shall plan, develop and coordinate a statewide program to carry out its responsibilities under the ADI. The Department shall:
(a) Develop a multi-year plan.
(b) Allocate funds for respite services based on the number and proportion of persons seventy-five years of age and older within counties in the Planning and Service Areas.
(c) Develop provider application package(s) and contract specifications, including requirements for a research component in each contract, for distribution to the Area Agencies on Aging and service providers.
(d) Establish policies and procedures for service providers.
(e) Provide technical assistance to staff of the Area Agencies on Aging and service providers as requested.
(f) Evaluate Alzheimers disease programs.
(g) Monitor services to assess quality of service delivery.
(h) Develop program reports.
(i) Maintain a resource library for staff development. Include training materials pertaining to Alzheimers disease and a list of information and referral services throughout
(j) Provide access to training whenever possible.
(k) Provide staff support to assist the Alzheimers Disease Advisory Committee in the performance of its duties.
(1) Establish guidelines and procedures for the award and allocation of funds received pursuant to Section 410.401(3), F.S., Note, into a Department administrative trust fund.
(2) The AAA, Area Agency on Aging under contract with the dDepartment, shall be responsible for the planning and administration of respite and model day care services funded under the ADI and, in turn, shall contract with local service providers for the provision of these services. The Department may retain the budget authority to contract directly with service providers for the implementation of special projects when appropriate. Each AAA Area Agency on Aging shall:
(a) In conjunction with the Department, establish priorities, policy and procedures for administration and delivery of services, and include objectives for the Alzheimers Disease Initiative in the area plan.
(a)(b) Comply with State of
(c) Review and critique applications to ensure completeness and accuracy of information, and assess the applicants ability to provide required services and manage a subcontract.
(d) Assure that all service provider contracts include a requirement for an Alzheimers disease research component and responsibility for coordination with other Alzheimers Disease Initiative components.
(e) Assure that all client information and program reports, including reports of research efforts, are complete and accurate.
(f) Provide for staff development and training of provider staff.
(g) Assume contract management responsibilities.
(h) Assess fiscal management capabilities of service providers.
(i) Monitor service providers.
(j) Process payments to service providers.
(k) Provide technical assistance to service providers as requested or required.
(l) Establish procedures for appeals by clients and contract service providers.
(m) Ensure that grievance and appeals procedures are adhered to by service providers.
(b)(n) Maintain coordination with the mMemory dDisorder cClinics, the Alzheimers Disease Brain Bank, the Alzheimers Disease Registry, and all other components of the ADI in the designated PSA planning and service area as outlined in the Department of Elder Affairs Programs and Services Manual incorporated by reference in Rule 58D-1.002, F.A.C., dated July 1994 and revised November 1994, available in the Office of the Department Secretary and at each Area Agency on Aging, and incorporated herein by reference.
(c)(o) Comply with all terms and conditions of the contract with the department and the guidelines specified in the Department of Elder Affairs Programs and Services Manual incorporated by reference in Rule 58D-1.002, F.A.C., dated July 1994 and revised November 1994, available in the Office of the Department Secretary and at each Area Agency on Aging, and incorporated herein by reference.
(p) Make available reports submitted to the Department by the memory disorder clinics, the registry, and the brain bank to other service providers in the designated planning and service area.
Specific Authority 430.08 FS. Law Implemented 430.502, 430.503 FS. HistoryNew 3-28-95, Amended 10-30-05,______.
58D-1.006 Service Provider Responsibilities.
Each service provider shall:
(1) through (3) No change.
(4) Provide case management services as applicable and as specified in the Department of Elder Affairs Programs and Services Manual incorporated by reference in Rule 58D-1.002, F.A.C.,dated July 1994 and revised November 1994, available in the Office of the Department Secretary and at each Area Agency on Aging, and incorporated herein by reference.
(5) Provide respite or model day care services, and maintain coordination with or the services of the memory disorder clinics, and the registry or brain bank as specified in the Department of Elder Affairs Programs and Services Manual incorporated by reference in Rule 58D-1.002, F.A.C., dated July 1994 and revised November 1994, available in the Office of the Department Secretary and at each Area Agency on Aging, and incorporated herein by reference.
(6) Provide pre-service preservice and in-service inservice training for staff and volunteers as specified in the Department of Elder Affairs Programs and Services Manual incorporated by reference in Rule 58D-1.002, F.A.C., dated July 1994 and revised November 1994, available in the Office of the Department Secretary and at each Area Agency on Aging, and incorporated herein by reference.
(7) through (8) No change.
(9) Collect co-payments for services as specified in the Programs and Services Manual incorporated by reference in Rule 58D-1.002, F.A.C. Request contributions and ensure that contributions are only used to expand program services.
(10) through (12) No change.
(13) Maintain client and program records, and provide reports as required by the Department of Elder Affairs Programs and Services Manual incorporated by reference in Rule 58D-1.002, F.A.C. , dated July 1994 and revised November 1994, available in the Office of the Department Secretary and at each Area Agency on Aging, and incorporated herein by reference.
(14) Establish goals and objectives for the Alzheimers Disease Initiative research component and submit reports as specified by the Department on research activities.
Specific Authority 410.401(3), 430.08 FS. Law Implemented 410.402(3)-(5), 410.403, 430.06(2), 430.501-.504 FS., Ch. 91-115, Laws of
58D-1.007 Program Forms.
The following forms shall be used for programs regulated by this rule chapter., The forms are hereby incorporated by reference, and are available from the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, in the Office of the Secretary and at each AAA Area Agency on Aging, and the department Web site at http://elderaffairs.state.fl.us.:
(1) For purposes of assessment:
(a) DOEA Form 701A, Prioritization Form, dated 2006 July, 2000.
(b) DOEA Form 701B, Assessment Instrument, dated 2006 July, 2000.
(c) DOEA Form 701C, Congregate Meals Form, dated 2006 July, 2000.
(2) For purposes of completing forms listed in subsection (1): DOEA Form 701D, Assessment Instructions (701A, 701B, 701C), dated 2006 July, 2000.
(3) For purposes of documenting planned services of care: DOEA Forms 203A, Care Plan, and 203B, instructions dated July, 2006 2001.
Specific Authority 430.08, 430.501-.503 FS. Law Implemented 430.501-.504 FS. HistoryNew 8-20-00, Amended 8-6-01,______.
58D-1.009 Confidentiality and Disclosure of Information.
Entities contracted to provide services under the ADI shall collect, maintain, and exchange information about consumers applying for services in accordance with the Health Insurance Portability and Accountability Act (HIPAA) of 1996.
Specific Authority 430.08, 430.501-430.504 FS. Law Implemented 430.501-430.504 FS. HistoryNew_______.
