59A-4.126. Disaster Preparedness

(1) Each nursing home licensee must have a written plan with procedures to be followed in the event of an internal or externally caused disaster. The initiation, development, and maintenance of this plan is the responsibility of the facility administrator, and must be accomplished in consultation with the Division of Emergency Management, County Emergency Management Agency.

(2) The plan must include the following:

(a) Criteria as shown in Section 400.23(2)(g), F.S.; and,

(b) The Emergency Management Planning Criteria for Nursing Home Facilities, AHCA 3110-6006, March, 1994, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06022 and from the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #24, Tallahassee, Florida 32308 or on the website at htttp://ahca.myflorida.com/MCHQ/Plans/index.shtml#forms.

(3) The plan, including the “Emergency Management Planning Criteria for Nursing Homes,” must be submitted annually, at the time of a change of ownership of the facility and after modification to previously approved plan. This plan must be submitted to the county emergency management agency for review and approval.

(4) If the licensee is advised by the county emergency management agency of necessary revisions to the plan, then those revisions must be made and the plan resubmitted to the county emergency management agency within 30 days of notification.

(5) The county emergency management agency shall be the final administrative authority for emergency plans developed by the nursing home licensee.

(6) The nursing home licensee must test the implementation of the emergency management plan annually, either in response to a disaster, an emergency, or in a planned drill. The outcome must be evaluated and documented and appropriate modifications to the plan to address deficiencies must be made within 30 days.

(7) The emergency management plan must be located in a designated area of the facility for immediate access by nursing home staff.

(8) If residents must be evacuated from the premises due to emergency conditions or a disaster, then the licensee must report the location and number of residents evacuated to the Agency’s Long Term Care Unit in Tallahassee by phone [phone], by fax at [phone] or through an online database approved by the Agency to report information regarding the provider’s emergency status, planning or operations within 24 hours after the evacuation is complete. If the Long-Term Care Unit or the online database is unavailable to receive such information, then the licensee must contact the appropriate Agency field office or designated Agency mutual aid office. The administrator or designee is responsible for knowing the location of each resident until the resident has been discharged from the facility. The licensee must inform the appropriate Agency field office of a contact person(s) who will be available 24 hours a day, seven days a week, until the facility is reoccupied.

(9) A licensee may exceed its licensed capacity to act as a receiving facility in accordance with an emergency operations plan for residents of evacuating providers from geographic area where an evacuation order has been issued by a local authority having jurisdiction. While in an overcapacity status, each licensee must furnish or arrange for appropriate care and services including Fire/Life Safety Safeguards for all residents.

(10) The Agency must authorize requests for overcapacity which last in excess of 15 days. Approvals shall be based upon approved jurisdiction, need, and resident safety as provided by the receiving and sending facilities.

(11) If residents are evacuated from a nursing home during or after an emergency situation or disaster and there is no damage to the facility and all utilities and services are operating within normal parameters, the facility may be reoccupied and notice provided to the Agency within 24 hours of return to the facility. This notification may be sent to the agency by telephone or fax, or by electronic transmission if receipt is confirmed. However, if there has been water intrusion, interior damage, structural damage or if the facility is unable to operate under normal electrical power then a determination of whether or not the facility can be reoccupied must be made by the Agency. A determination may also require the review and approval from the local authority having jurisdiction.  In those cases, the facility may not be occupied until all approvals are obtained.

(12) A facility with significant structural or systems damage must relocate residents out of the damaged facility until approval is received from the Agency’s Office of Plans and Construction to reoccupy the facility.

Rulemaking Authority 400.23 FS. Law Implemented 400.23 FS. History–New 4-1-82, Amended 4-1-84, Formerly 10D-29.126, Amended 8-15-94, 12-21-15.