58A-6.009. Basic Services

(1) To be licensed as an Adult Day Care Center, the following minimum Basic Services shall be provided:

(a) A protective environment that promotes a non-institutional atmosphere where supervision for the health, safety and well-being of adults who have Functional Impairments is provided;

(b) A variety of therapeutic, social and health activities and services which help to restore, remediate, or maintain optimal functioning of the Participants and to increase interaction with others. Examples of such programs include exercise, health screening, health education, interpersonal communication, and behavior modification;

(c) Leisure-time activities or spectator or Participant programs designed to assist Participants’ self-expression, enhance self-esteem and provide mental stimulation or social participation. Examples of such programs include opportunities for arts and crafts; daily exercise as can be tolerated by the Participant or as prescribed by the Participant’s physician; development of hobbies; excursions or outings to points of interest to the Participants; and other outside activities which may include picnics and cookouts;

(d) Self-care training activities designed to assist Adults with Functional Impairments to restore or maintain the ability to perform Activities of Daily Living;

(e) Rest or period of relaxation or inactivity during the day, that meets the needs of the individual Participants;

(f) Nutritional services or food provided or prepared in a central location in a Center or by formal agreement with a third party; the activities performed and the resources utilized in the planning, processing, preparing, and serving of meals or snacks; nutritional education; and nutritional counseling.

(g) In-facility Respite Care for Adults with Functional Impairments for the purpose of relieving the primary caregiver.

(2) To be licensed as an Adult Day Care Center, the following nutrition services shall be provided by the Center:

(a) Participants attending or in transit to the Center for four or more hours daily shall be served a meal which shall adhere to the U.S. Department of Health and Human Services and U.S. Department of Agriculture’s Dietary Guidelines for Americans 2010 (DGAs) and provides at least one-third of the Dietary Reference Intakes as referenced in the DGAs, adjusted for age, sex and activity. Modified diets, if required, shall meet these nutritional standards to the extent medically possible. Menus approved and provided by Title III-C of the Older Americans Act or the Adult Care Food Program of USDA shall be evidence of meeting the one-third of the Dietary Reference Intakes requirement.

(b) The Dietary Reference Intakes Requirement shall be met by offering a variety of foods adapted to the food habits, preferences, and physical abilities of the Participants and shall be prepared using standardized recipes. A copy of the DGAs, which are hereby incorporated by reference, shall be available at no cost by writing to the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000 or at: http://www.flrules.org/Gateway/reference.asp?No=Ref-05616.

(c) Participants in the Center three hours before the noon meal or two hours after the noon meal, must be provided a snack consisting of at least two servings from the following four food groups: milk, bread or bread alternate, meat or meat alternate, and vegetables or fruits.

(d) When food service is provided by the Center, the following requirements shall be met:

1. The Owner or Operator or person designated by the Owner or Operator shall be responsible for the total food service and the day-to-day supervision of food services Staff.

2. The Owner or Operator shall be responsible for: coordinating food services with other services; developing work assignments; purchasing food; and orienting, training and supervising food service employees.

3. The Owner or Operator or the person designated by the Owner or Operator as responsible for food service shall perform their duties in a safe and sanitary manner, be knowledgeable of foods that meet regular diet requirements, participate in on-going orientation and training, and participate in biennial in-service provided by a registered dietitian.

4. Menus not approved by or meeting the requirements of Title III-C of the Older Americans Act or the Adult Care Food Program of USDA shall be reviewed by a registered or Florida licensed dietitian or a dietetic technician supervised by a registered or Florida licensed dietitian to ensure that the menus are commensurate with the Dietary Reference Intakes as referenced in the DGA, adjusted for age, sex and activity. Documentation of review of the menus shall be maintained in the Center files and shall include the signature and registration or license number of the reviewer and date reviewed. Menus shall be kept on file for one year and shall be accessible to Participants and families of Participants.

(e) If food is catered from outside sources, no warewashing may take place on-site. Catered food, once delivered to an Adult Day Care Center, must be adequately protected. In order to provide catered meals through a third party, there must be a formal contract between the Center and the third party provider containing assurances that the provider will meet all food service and dietary standards.

(f) Duty Assignments for the people designated by the Owner or Operator as responsible for food service shall be posted in the kitchen area in Centers having five or more food service Staff.

Rulemaking Authority 429.929 FS. Law Implemented 429.901(3), 429.929 FS. History–New 7-8-81, Amended 2-27-84, Formerly 10A-6.09, 10A-6.009, 59A-16.009, Amended 11-9-95, 3-29-98, 8-3-15.