The purpose and effect of the proposed rule amendments is as follows: include additional definitions; require the provider to produce documentation that he or she resides in the AFCH as a condition of licensure; prohibit a change of ownership of an ...

DEPARTMENT OF ELDER AFFAIRS
Federal Aging Programs

RULE NO: RULE TITLE
58A-14.002: Definitions
58A-14.003: License Application, Renewal and Conditional Licenses
58A-14.004: License
58A-14.0061: Admission and Appropriateness of Placement
58A-14.008: Staff Qualifications, Responsibilities and Training
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments is as follows: include additional definitions; require the provider to produce documentation that he or she resides in the AFCH as a condition of licensure; prohibit a change of ownership of an AFCH; require posting of specific information; include an additional requirement for determining continued residency and changes to the resident assessment form; and rewrite the staffing requirements regarding communicable diseases, including tuberculosis, for clarity.
SUBJECT AREA TO BE ADDRESSED: Additional definitions of “person” or “persons,” and “reside” or “resides”; documentation that the AFCH provider resides in the home; prohibition of a change of ownership for an AFCH; posting of specific information in the AFCH; determination of continued residency and revision of the resident assessment form; and clarification of staffing requirements regarding communicable diseases, including tuberculosis.
SPECIFIC AUTHORITY: 429.67, 429.69, 429.71, 429.73, 429.75 FS.
LAW IMPLEMENTED: 429.65, 429.67, 429.71, 429.73, 429.75, 429.83, 429.85 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 22, 2009, 2:00 p.m. – 3:30 p.m. EDT
PLACE: Department of Elder Affairs, 4040 Esplanade 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, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Tallahassee, Florida 32399-7000; telephone number: [phone]; Email address: [e-mail]. 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, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Tallahassee, Florida 32399-7000; telephone number: [phone]; Email address: [e-mail]
THE TEXT OF THE PROPOSED RULE DEVELOPMENT IS ALSO AVAILABLE ON THE WEBSITE LISTED BELOW UNDER THE HEADING ENTITLED “ADULT-FAMILY CARE HOMES, RULE CHAPTER 58A-14, F.A.C.” AHCA FORM 1823, REFERENCED IN RULE 58A-14.0061, F.A.C., CAN BE LOCATED ON THE SAME WEBSITE UNDER THE HEADING “ASSISTED LIVING FACILITIES, RULE CHAPTER 58A-5, F.A.C.”
http://elderaffairs.state.fl.us/english/rulemaking.php

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

58A-14.002 Definitions.

The following terms or phrases are defined in Section 429.65, F.S., and are applicable to this rule chapter: activities of daily living (ADLs), adult family-care home (AFCH), agency (AHCA), aging in place, appropriate placement, chemical restraint, department, disabled adult, frail elder, personal services or personal care, provider, relative, relief person, and resident. Additional definitions applicable to this rule chapter are as follows:

(1) through (14) No change.

(15) “Person” means solely the licensee to whom the agency has issued the AFCH license.

(15) through (16) renumbered (16) through (17) No change.

(18) “Reside” or “resides” means the licensee or applicant lives in the adult family-care home as a primary residence. For purposes of this rule chapter, any two of the following documents, which include the adult family-care home address and the name of the licensee or applicant, are accepted by the agency as proof that he or she physically lives in the adult family-care home;

(a) Homestead exemption documentation; or

(b) Lease or rental agreement accompanied by a corresponding utility bill and telephone bill; or

(c) Personal identification issued by a state or federal agency.

(17) through (19) renumbered (19) through (21) No change.

Rulemaking Specific Authority 429.67, 429.73 FS. Law Implemented 429.65, 429.67, 429.71, 429.73 FS. History–New 5-14-86, Amended 2-2-95, Formerly 10A-14.002, Amended 9-19-96, 6-6-99,________.

 

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, which is incorporated by reference and may be obtained from 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. through 8. No change.

9. Documentation that the provider resides in the adult family-care home pursuant to Section 429.67(2), F.S., and subsection (18) of Rule 58A-14.002, F.A.C.

(b) through (d) No change.

(2) LICENSE RENEWAL.

(a) No change.

(b) In addition to AHCA Form 3180-1022, all applicants for license renewal shall provide the following:

1. through 3. No change.

4. Documentation pursuant to subparagraph (1)(a)9. of this rule.

(c) No change.

(3) through (4) No change.

Rulemaking Specific Authority 429.67, 429.69, 429.71, 429.73 FS. Law Implemented 429.67, 429.69, 429.71, 429.73 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, 7-30-06,________.

 

58A-14.004 License Requirements.

(1) LICENSE TIMEFRAME. Except for conditional licenses, all AFCH licenses shall be effective for 2 1 years from the date of issuance.

(2) LICENSE CONDITIONS. A license to operate an AFCH is not transferable and is valid only for the provider named, the capacity stated, and the premises described on the license. A change of ownership is prohibited.

(3) CLOSING AN AFCH. The licensed provider shall give at least 60 days written notice of any intent to voluntarily close a currently licensed AFCH to the AHCA Assisted Living Unit, each residents or resident’s representative, and case managers of OSS recipients, of any intent to voluntarily close or sell a currently licensed AFCH.

(4) through (5) No change.

(6) POSTING OF INFORMATION. For the purpose of a resident’s’ ability to lodge complaints, the AFCH licensee or designee must post the addresses and toll-free telephone numbers for the following entities in full view in a common area accessible to all residents:

(a) District Long-Term Care Ombudsman Council;

(b) Advocacy Center for Persons with Disabilities;

(c) Florida Local Advocacy Council;

(d) Agency Consumer Hotline; and

(e) Florida Abuse Hotline.

Rulemaking Specific Authority 429.67, 429.73 FS. Law Implemented 429.67, 429.73, 429.83 FS. History–New 5-14-86, Amended 2-2-95, Formerly 10A-14.004, Amended 9-19-96, 6-6-99,________.

 

58A-14.0061 Admission Procedures, and Appropriateness of Placement and Continued Residency Requirements.

(1) No change.

(2) HEALTH ASSESSMENT. Prior to admission to an AFCH, the individual must be examined by a health care provider using AHCA Form 3110-1023 (AFCH-1110) 01/08, Resident Health Assessment for Adult Family-Care Homes (AFCH), January 2008, which is incorporated by reference, and available from the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 30, Tallahassee, FL 32308. The form may also be obtained from the agency’s Web site at http://ahca.myflorida.com/MCHQ/Long_Term_Care/Assisted_living/afc/Res_Health_Assmnt.pdf.

(a) Prior to admission to an AFCH, the individual must have a face-to-face examination conducted by a health care provider using AHCA Form 1823, Resident Assessment for Assisted Living Facilities and Adult Family-Care Homes. The form is incorporated by reference in Rule 58A-5.0181, F.A.C. The form must be completed as follows:

1. A licensed health care provider must complete Section 1, Health Assessment; and

2. The administrator or designee must complete Sections 2 and 3, Self-Care and General Oversight Assessment, and Services Offered or Arranged by the Facility, respectively.

(b) Every three years thereafter, or after a significant change, as defined in subsection (4) of Rule 58A-14.007, F.A.C., the resident must have a face-to-face examination conducted by a licensed health care provider using the form referenced in paragraph (a) of this subsection. The form must be completed as required in that paragraph. After the effective date of this rule, providers shall have up to 12 months to comply with this requirement.

(3) HOUSE RULES AND COMPLAINT PROCEDURES. Prior to, or at the time of admission a copy of the AFCH house rules, the Resident’s Bill of Rights established under Section 429.85, F.S., the name, address, and telephone number of the district long-term care ombudsman council and the Florida Abuse Hotline, and the procedure for making complaints to the ombudsman council and the abuse registry must be provided to the resident or the resident’s representative.

(a) Prior to, or at the time of admission, the facility must provide the resident or representative with the following:

1. A copy of the AFCH house rules;

2. The Resident’s Bill of Rights established under Section 429.85, F.S.;

3. Written information referenced in subsection (6) of Rule 58A-14.004, F.A.C., and the procedure for making complaints to these entities.

(b) Additionally, the administrator or designee must make the resident or representative aware of the location of the documents posted pursuant to subsection (6) of Rule 58A-14.004, F.A.C.

(4) through (5) No change.

(6) CONTINUED RESIDENCY.

(a) The criteria for continued residency shall be the same as the criteria for admission, including a face-to-face examination conducted by a licensed health care provider pursuant to subsection (2) of this rule, with the following exceptions that:

1. through 3. No change.

(b) through (c) No change.

(7) No change.

Rulemaking Specific Authority 429.73 FS. Law Implemented 429.65, 429.73, 429.85 FS. History–New 2-2-95, Formerly 10A-14.0061, Amended 9-19-96, 6-6-99, 1-1-04, 4-29-08,________.

 

58A-14.008 Staff Qualifications, Responsibilities and Training.

(1) MINIMUM STAFF REQUIREMENTS.

(a) The provider, all staff, each relief person, and all adult household members must submit a statement from a health care provider that he or she is free from apparent signs and symptoms of communicable diseases, including tuberculosis. The statement must be based on an examination conducted within the last six months prior to employment, that the person is free from apparent signs and symptoms of communicable diseases including tuberculosis. Annually thereafter, the individual must submit documentation from a health care provider stating that he or she is free from apparent signs and symptoms of communicable diseases, including tuberculosis. Freedom from tuberculosis must be documented on an annual basis. An exception is that an individual Persons with a positive tuberculosis test must submit a physician’s statement that he or she the person does not constitute a risk of communicating tuberculosis.

(b) through (c) No change.

(2) through (4) No change.

Rulemaking Specific Authority 429.67, 429.73, 429.75 FS. Law Implemented 429.67, 429.73, 429.75 FS. History–New 2-2-95, Formerly 10A-14.008, Amended 9-19-96, 6-6-99, 1-1-04, 7-30-06,________.