reglab/statecodes huggingface dataset:
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58D - Alzheimer's Disease Initiative › Chapter 58D-1 - ADMINISTRATION OF THE ALZHEIMER'S DISEASE INITIATIVE › Section 58D-1.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following terms are defined in this rule:
(1) Alzheimer's Disease Advisory Committee:
				The committee created pursuant to Sections
				 430.501(2),
				(3), F.S., to advise the department in the
				performance of its duties pursuant to the ADI.
(2) Alzheimer's Disease and Related Disorders
				(ADRD) Research Brain Bank: The entity designated by the department to collect
				post mortem normal control brains and brains of individuals who were clinically
				diagnosed as having Alzheimer's disease for the purpose of conducting
				comparative research aimed at learning about, finding a cause, and developing a
				treatment or cure for the disease.
(3) Client: The person with ADRD; however,
				the client's caregiver will receive benefits through the provision of
				education, training, respite, and support services, as needed.
(4) Memory Disorder Clinic: Research oriented
				programs created pursuant to Sections
				 430.502(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 Alzheimer's disease. 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.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58D - Alzheimer's Disease Initiative › Chapter 58D-1 - ADMINISTRATION OF THE ALZHEIMER'S DISEASE INITIATIVE › Section 58D-1.003 - Eligibility

Current through Reg. 50, No. 138; July 16, 2024
(1) To be eligible for model day care
				services, an individual must be at least 18 years of age and have a diagnosis
				of Alzheimer's disease or a related memory disorder.
(2) To be eligible to receive all other
				services funded under the Alzheimer's disease Initiative that are included in
				the provider's contract with the department or the area agency on aging, an
				individual must be 18 years of age or older and have a diagnosis of Alzheimer's
				disease or related memory disorder, or be suspected of having Alzheimer's
				disease or a related memory disorder.
(3) The caregivers of individuals receiving
				services under the Alzheimer's Disease Initiative are eligible to receive
				training and related support services to assist them in caring for the person
				with ADRD.
Rulemaking Authority
					 430.502 FS. Law Implemented
					 430.502
					 FS.
New 3-28-95, Amended
					 9-24-08.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58D - Alzheimer's Disease Initiative › Chapter 58D-1 - ADMINISTRATION OF THE ALZHEIMER'S DISEASE INITIATIVE › Section 58D-1.004 - Program Components

Current through Reg. 50, No. 138; July 16, 2024
(1) In its role
				as advisor to the department, the Alzheimer's Disease Advisory Committee shall
				provide feedback for each of the following components:
(a) Memory Disorder Clinics;
(b) Brain Bank;
(c) Model Day Care; and,
(d) Respite Care.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58D - Alzheimer's Disease Initiative › Chapter 58D-1 - ADMINISTRATION OF THE ALZHEIMER'S DISEASE INITIATIVE › Section 58D-1.005 - Program Administration

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department of Elder Affairs shall plan, develop and coordinate a statewide
				program to carry out its responsibilities under the Alzheimer's Disease
				Initiative.
(2) The area agency on
				aging, under contract with the department, shall be responsible for the
				planning and administration of respite and model day care services funded under
				the Alzheimer's Disease Initiative and shall contract with local service
				providers for the provision of these services. Each area agency on aging shall:
(a) Comply with State of Florida procedures
				regarding solicitation and execution of agreements with providers of
				services.
(b) Maintain coordination
				with the memory disorder clinics, the Alzheimer's Disease Brain Bank, and all
				other components of the Alzheimer's Disease Initiative in the designated
				planning and service area as outlined in its contract with the
				department.
(c) Comply with all
				terms and conditions of its contract with the
				department.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58D - Alzheimer's Disease Initiative › Chapter 58D-1 - ADMINISTRATION OF THE ALZHEIMER'S DISEASE INITIATIVE › Section 58D-1.006 - Service Provider Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
Each service provider must:
(1) Establish service priorities and
				coordinate the delivery of services to clients.
(2) Employ competent and qualified staff to
				provide the services essential to the achievement of program goals and
				objectives as specified in its contract with the department or the area agency
				on aging.
(3) Maintain the minimum
				staffing requirements established in its contract with the department or area
				agency on aging.
(4) Provide case
				management services as applicable and as specified in its contract with the
				department or area agency on aging.
(5) Provide respite or model day care
				services, and maintain coordination with the memory disorder clinics and the
				brain bank as specified in its contract with the department or area agency on
				aging.
(6) Provide pre-service and
				in-service training for staff and volunteers as specified in its contract with
				the department or area agency on aging.
(7) Monitor subcontract providers to assure
				quality of service delivery.
(8)
				Make payments to subcontractors.
(9) Collect co-payments for services pursuant
				to Section  430.503(2),
				F.S. Co-payments must be determined pursuant to Rule
				 58C-1.007, F.A.C.
(10) Maximize the use of volunteers in
				service delivery.
(11) Develop and
				implement procedures for client appeals.
(12) Ensure that quality services are
				delivered to clients and caregivers.
(13) Maintain client and program records and
				provide reports as required by its contract with the department or area agency
				on aging.
(14) Establish goals and
				objectives for the Alzheimer's Disease Initiative research component and submit
				reports as specified by the department on research
				activities.
Rulemaking Authority
					 430.08,
					 430.503(2) FS.
					 Law Implemented 430.502-.503 FS.
New 3-28-95, Amended
					 9-24-08.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58D - Alzheimer's Disease Initiative › Chapter 58D-1 - ADMINISTRATION OF THE ALZHEIMER'S DISEASE INITIATIVE › Section 58D-1.007 - Program Forms

Current through Reg. 50, No. 138; July 16, 2024
The forms used for programs regulated by this chapter are
				  incorporated by reference in Rule
				   58A-1.010, F.A.C. In addition, a
				  care plan must be developed that meets the criteria established in subsection
				  (2), of that rule.
Rulemaking Authority
					 430.502 FS. Law Implemented
					 430.502
					 FS.
New 8-20-00, Amended 8-6-01,
					 9-24-08.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58H - Home Care for the Elderly › Chapter 58H-1 - HOME CARE FOR THE ELDERLY › Section 58H-1.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 430.08,
					 430.603 FS. Law Implemented
					 430.601
					 FS.
New 1-1-96, Amended 9-24-08, Repealed
					 11-29-11.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58H - Home Care for the Elderly › Chapter 58H-1 - HOME CARE FOR THE ELDERLY › Section 58H-1.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following terms are defined in the rule chapter:
(1) Assessment Instrument: The tool
				prescribed by the area agency on aging in its contract with the case management
				agency for use in determining the client's level of functioning, existing
				resources, service needs, and priority for services.
(2) Basic Subsidy: A monthly payment made to
				the caregiver for support and health maintenance, to assist with the cost of
				housing, food, clothing, medical and dental services, and incidentals, which
				are not covered by Medicare, Medicaid or other insurance.
(3) Caregiver: An adult person, age 18 or
				above, who is approved by the case management agency to provide care to 3 or
				fewer elderly persons in the private residence of the client or
				caregiver.
(4) Case Management
				Agency: The Community Care for the Elderly lead agency or other agency under
				contract with an area agency on aging (AAA) to provide case management
				services.
(5) Dwelling: A
				family-type home that serves as the primary residence of the client and
				caregiver.
(6) Service Provider: A
				Community Care for the Elderly lead agency that is awarded a contract to
				provide case management and other services under the Home Care for the Elderly
				program.
(7) Special Subsidy: A
				flexible payment based on actual cost that is pre-authorized on the care plan
				by the case manager to purchase specialized medical or health care services,
				supplies or equipment, which are required to maintain the health and well-being
				of the elderly person. The special subsidy may be utilized in addition to the
				basic subsidy.
Rulemaking Authority
					 430.08,
					 430.603 FS. Law Implemented
					 430.603,
					 430.605
					 FS.
New 1-1-96, Amended
					 9-24-08.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58H - Home Care for the Elderly › Chapter 58H-1 - HOME CARE FOR THE ELDERLY › Section 58H-1.003 - Program Administration

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department of Elder Affairs shall plan, develop, and coordinate a statewide
				program to carry out its responsibilities under the Home Care for the Elderly
				statutes, sections  430.604 -
				 430.608, F.S., including
				entering into contracts with area agencies on aging for the provision of HCE
				services within the designated planning and service area.
(2) Each area agency on aging shall comply
				with the following requirements in regards to carrying out its responsibilities
				under the Home Care for the Elderly program:
(a) State of Florida procedures regarding
				solicitation and execution of contracts with service providers; and,
(b) Terms and conditions of its contract with
				the department.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58H - Home Care for the Elderly › Chapter 58H-1 - HOME CARE FOR THE ELDERLY › Section 58H-1.004 - Access to the Program (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 430.08,
					 430.603 FS. Law Implemented
					 430.603,
					 430.606
					 FS.
New 1-1-96, Amended 9-24-08, Repealed
					 11-29-11.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58H - Home Care for the Elderly › Chapter 58H-1 - HOME CARE FOR THE ELDERLY › Section 58H-1.005 - Client Eligibility

Current through Reg. 50, No. 138; July 16, 2024
To be eligible for the Home Care for the Elderly program, an
				  applicant must:
(1) Be age 60 or
				older;
(2) Be a current resident of
				the State of Florida with the intent to remain in the state;
(3) Meet the criteria for functional and
				financial eligibility set forth under paragraphs (a) through (e), below:
(a) Be assessed and determined to be at risk
				of nursing home placement based on the assessment instrument pursuant to
				paragraph  58H-1.003(3)(a),
				F.A.C.; and,
(b) Have self-declared
				income and assets which do not exceed the Institutional Care Program (ICP)
				limits established by Medicaid and the Florida Department of Children and
				Families, or
(c) Receive
				Supplemental Security Income (SSI), or
(d) Receive benefits as a Qualified Medicare
				Beneficiary (QMB) or as a Special Low Income Medicare Beneficiary (SLMB);
				and,
(e) Have an approved caregiver
				who meets the caregiver requirements pursuant to rule
				 58H-1.006, F.A.C., and the
				dwelling requirements pursuant to rule
				 58H-1.007,
				F.A.C.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58H - Home Care for the Elderly › Chapter 58H-1 - HOME CARE FOR THE ELDERLY › Section 58H-1.006 - Caregiver Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Caregiver
				shall meet the following requirements:
(a) Be
				age 18 or above, capable of providing a family type living environment and
				willing to accept the responsibility for the social, physical and emotional
				needs of the home care client;
(b)
				Be a relative or friend who has been accepted by the client as surrogate family
				or is a responsible adult with whom the client has made an arrangement to
				provide home care services;
(c) Be
				willing to accept the responsibility for the social, physical and emotional
				needs of the recipient;
(d) Be
				physically present to provide supervision and to assist in arrangement of
				services for the client;
(e)
				Maintain the residential dwelling free of conditions that pose an immediate
				threat to the life, safety, health and well being of the home care client
				pursuant to rule  58H-1.007, F.A.C.;
				and,
(f) Be without record of
				conviction of abuse, neglect or exploitation of another
				person.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58H - Home Care for the Elderly › Chapter 58H-1 - HOME CARE FOR THE ELDERLY › Section 58H-1.007 - Dwelling Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				dwelling must comply with safety, fire, and sanitation standards as described
				in the case management agency's contract with the area agency on
				aging.
(2) When a home is
				determined not to meet the standards set forth for the Home Care for the
				Elderly program, the applicant must be notified in
				writing.
Rulemaking Authority
					 430.08,
					 430.603 FS. Law Implemented
					 430.603,
					 430.604
					 FS.
New 1-1-96, Amended
					 9-24-08.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58H - Home Care for the Elderly › Chapter 58H-1 - HOME CARE FOR THE ELDERLY › Section 58H-1.008 - Appeal Proceedings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 430.08,
					 430.603 FS. Law Implemented
					 430.601-.606 FS.
New 1-1-96, Repealed
					 9-24-08.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58H - Home Care for the Elderly › Chapter 58H-1 - HOME CARE FOR THE ELDERLY › Section 58H-1.009 - Program Forms

Current through Reg. 50, No. 138; July 16, 2024
The forms used for programs regulated by this chapter are
				  incorporated by reference in rule
				   58A-1.010, F.A.C. In addition,
				  the development of a care plan must meet the criteria established in subsection
				  (2) of that rule.
Rulemaking Authority
					 430.08,
					 430.603 FS. Law Implemented
					 430.603,
					 430.606
					 FS.
New 8-20-00, Amended 8-6-01,
					 9-24-08.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58L - Long-Term Care Ombudsman Program › Chapter 58L-1 - LONG-TERM CARE OMBUDSMAN - CONFIDENTIALITY › Section 58L-1.001 - Confidentiality and Disclosure

Current through Reg. 50, No. 138; July 16, 2024
(1)
				APPLICABILITY. The confidentiality and disclosure of information requirement
				applies to the complaint files maintained by the entities below, which are
				established under Chapter 400, Part I, F.S.:
(a) Staff members of the Office of the State
				Long-Term Care Ombudsman;
(b)
				Members of the State Long-Term Care Ombudsman Council; and,
(c) Members of the district long-term care
				ombudsman councils.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58L - Long-Term Care Ombudsman Program › Chapter 58L-1 - LONG-TERM CARE OMBUDSMAN - CONFIDENTIALITY › Section 58L-1.0011 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
In addition to the terms defined in Section 400, Part I,
				  F.S., the following terms are defined in this rule chapter:
(1) COMPLAINT INVESTIGATION DEFINITIONS.
(a) CASE: Each inquiry brought to, or
				initiated by, the ombudsman on behalf of a resident, or group of residents,
				involving one or more complaints, which requires opening a case and includes
				ombudsman investigation, strategy to resolve and follow-up.
(b) CASE CLOSED: A case where none of the
				complaints within the case require any further action on the part of the
				ombudsman and every complaint has been assigned the appropriate disposition
				code. For purposes of this rule, each complaint must be reviewed and approved
				by the long-term care district ombudsman manager, or designee, before it meets
				this definition.
(c) COMPLAINT: A
				concern brought to, or initiated by, the ombudsman for investigation and action
				by, or on behalf of, one or more residents of a long-term care facility
				relating to health, safety, welfare or rights of a resident. One or more
				complaints constitute a case.
(d)
				COMPLAINANT: An individual or a party who files one or more complaints made by,
				or on behalf of, residents with the ombudsman program.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58L - Long-Term Care Ombudsman Program › Chapter 58L-1 - LONG-TERM CARE OMBUDSMAN - CONFIDENTIALITY › Section 58L-1.005 - Access

Current through Reg. 50, No. 138; July 16, 2024
(1) Long-term care facilities must be aware
				of the following provisions regarding an ombudsman's access to the facility,
				residents and records:
(a) Section
				 400.0081, F.S.; and,
(b) Title VII, Chapter 2, of the Older
				Americans Act of 1965, as amended in 2006,  42 U.S.C. §
											3058g(b).
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58L - Long-Term Care Ombudsman Program › Chapter 58L-1 - LONG-TERM CARE OMBUDSMAN - CONFIDENTIALITY › Section 58L-1.006 - Conflict of Interest

Current through Reg. 50, No. 138; July 16, 2024
(1)
				PROHIBITIONS.
(a) In addition to the conflict
				of interest prohibitions set forth in Section
				 400.0070(1),
				F.S., the following situations constitute prohibited conflicts of interest
				involving an ombudsman; an ombudsman's immediate family member; an officer,
				employee or representative of the Office of State Long-Term Care Ombudsman or
				of the state or district long-term care ombudsman councils:
1. Having, or an immediate family member
				having, an ownership or investment interest, represented by equity, debt or
				other financial relationship, in a long-term care facility or long-term care
				service as defined in Rule
				 58L-1.0011, F.A.C.,
2. Providing, or having an immediate family
				member providing, long-term care services, including the provision of personnel
				for long-term care facilities or the operation of programs which control access
				to, or services for, long-term care facilities,
3. Participating, or having an immediate
				family member participating, in the management of a long-term care facility or
				serving as the medical director of a long-term care facility,
4. Being involved, or having an immediate
				family member involved, in the regulation of a long-term care facility or
				provision of a long-term care service to a facility or its residents,
5. Receiving, or having an immediate family
				member receiving, direct or indirect remuneration under a compensation
				arrangement with an owner or operator of a long-term care facility,
6. Accepting, or having an immediate family
				member accepting, gifts or gratuities from a long-term care facility, facility
				owner, administrator, resident or resident's representative,
7. Performing ombudsman duties in a facility
				in which an immediate family member resides,
8. Standing to gain financially through an
				action or potential action brought on behalf of residents by ombudsman
				services,
9. Participating in
				activities which compromise the ability of the Long-Term Care Ombudsman Program
				to serve residents or are likely to create an appearance that the Long-Term
				Care Ombudsman Program's primary interest is other than as a resident
				advocate.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58L - Long-Term Care Ombudsman Program › Chapter 58L-1 - LONG-TERM CARE OMBUDSMAN - CONFIDENTIALITY › Section 58L-1.007 - Complaint Procedures

Current through Reg. 50, No. 138; July 16, 2024
This rule outlines the procedures for receiving and
				  conducting complaint investigations on behalf of residents in long-term care
				  facilities.
(1) RECEIVING COMPLAINTS.
(a) Any person may make a written or verbal
				complaint to the Office of State Long-Term Care Ombudsman or its
				representatives. A complaint may be anonymous.
(b) The receipt of a complaint by the DOM, or
				designee, triggers the opening of a case as defined in Rule
				 58L-1.0011, F.A.C.
1. The DOM, or designee, must code complaints
				based on the requirements of the National Ombudsman Reporting System published
				by the U.S. Department of Health and Human Services, Administration on
				Aging.
2. The DOM, or designee,
				must complete and provide DOEA Form LTCOP-001 to the ombudsman conducting the
				investigation. DOEA Form LTCOP-001, Case Investigation, March 2010, is hereby
				incorporated by reference and available from the Department of Elder Affairs,
				Office of the State Long-Term Care Ombudsman, 4040 Esplanade Way, Tallahassee,
				Florida 32399-7000. The form may also be obtained at the following Web site:
				http://elderaffairs.state.fl.us/english/ruleform/LTCOP-001.doc.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58L - Long-Term Care Ombudsman Program › Chapter 58L-1 - LONG-TERM CARE OMBUDSMAN - CONFIDENTIALITY › Section 58L-1.008 - Administrative Assessment

Current through Reg. 50, No. 138; July 16, 2024
(1) An onsite
				administrative assessment must be conducted on long-term care facilities
				annually. The annual period for conducting an assessment is the federal
				reporting year, which is October 1 through September 30.
(2) By October 1 of each year, the district
				ombudsman manager (DOM), or designee, must identify all facilities within the
				local council's jurisdiction.
(3)
				The assessment must focus on factors affecting residents' rights, health,
				safety, and welfare as seen from the residents' perspectives.
(4) At the conclusion of the assessment
				visit, the ombudsman should:
(a) Identify the
				issues or concerns perceived by the residents or noted by the
				ombudsman;
(b) Identify those
				issues or concerns that were addressed or corrected by facility staff during
				the assessment visit;
(c) Identify
				those issues or concerns that remain to be addressed or corrected;
(d) Conduct an exit consultation with the
				facility administrator, or administrator designee, to discuss the issues or
				concerns and make recommendations for improvement, if any; and,
(e) Submit the assessment to the DOM, or
				designee, after completing the exit
				consultation.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58L - Long-Term Care Ombudsman Program › Chapter 58L-2 - LONG-TERM CARE OMBUDSMAN CONFLICT OF INTEREST › Section 58L-2.001 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 400.0065(3),
					 400.0067(4),
					 400.0069(10),
					 400.0087(1) FS.
					 Law Implemented  400.0065(1)(a),
					 (3),
					  400.0067(4),
					  400.0069(4),
					 (10),
					  400.0087(1),
					 (3)  FS.
New 6-27-94, Amended 10-20-03, Repealed
					 4-4-10.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58L - Long-Term Care Ombudsman Program › Chapter 58L-2 - LONG-TERM CARE OMBUDSMAN CONFLICT OF INTEREST › Section 58L-2.003 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 400.0087(3) FS.
					 Law Implemented 400.0065(3),
					 400.0067(5),
					 400.0069(10),
					 400.0087(1),
					 (3) FS.
New 6-27-94, Repealed
					 4-4-10.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58L - Long-Term Care Ombudsman Program › Chapter 58L-2 - LONG-TERM CARE OMBUDSMAN CONFLICT OF INTEREST › Section 58L-2.005 - Prohibitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  400.0065(3),
					  400.0067(4),
					 400.0069(10),
					 400.0087(1),
					 (3) FS. Law Implemented
					 400.0065(3),
					 400.0067(4),
					  400.0069(4),
					 (10),
					  400.0087(1),
					 (3)  FS.
New 6-27-94, Amended 10-20-03, Repealed
					 4-4-10.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58L - Long-Term Care Ombudsman Program › Chapter 58L-2 - LONG-TERM CARE OMBUDSMAN CONFLICT OF INTEREST › Section 58L-2.007 - Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  400.0065(3),
					  400.0067(4),
					  400.0069(10),
					  400.0087(1)  FS.
					 Law Implemented 400.0065(3),
					 400.0067(4),
					 400.0069(10),
					 400.0087(1),
					  400.0091 FS.
New 6-27-94, Amended 10-20-03, Repealed
					 4-4-10.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58M - Office of Public and Professional Guardians › Chapter 58M-2 - GUARDIANSHIP › Section 58M-2.001 - Professional Guardian Registration and Credit Investigation

Current through Reg. 50, No. 138; July 16, 2024
Applicants must score a minimum of 75% on the Professional
				  Guardian Competency Examination or must receive a waiver pursuant to Section
				   744.2003(8),
				  F.S., from the Department of Elder Affairs' Office of Public and Professional
				  Guardians (OPPG) before the application for registration will be
				  considered.
(1) Definitions. As used
				in this rule, the term:
(a) "Adverse credit
				history information" means the following:
1.
				Personal bankruptcy within the previous 5 years.
2. Bankruptcy within the last 5 years of any
				organization based on events that occurred while the applicant was in a
				position of control of the organization.
3. Outstanding tax lien or other governmental
				lien.
4. An outstanding judgment or
				a judgment within the last 15 years that is based upon grounds of fraud,
				embezzlement, misrepresentation, or deceit.
5. Open collection account or charged-off
				account that remains unpaid, except accounts related solely to unpaid medical
				expenses.
6. Foreclosure on any
				property owned by the applicant within the last 5 years.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58M - Office of Public and Professional Guardians › Chapter 58M-2 - GUARDIANSHIP › Section 58M-2.003 - Professional Guardian Coursework and Competency Examination

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				minimum hours of instruction and training are set out in Section
				 744.1085(3),
				F.S. The initial 40 hours of education and training must be approved by SPGO
				prior to an applicant taking a course. Information about the professional
				guardian coursework may be obtained from the Statewide Public Guardianship
				Office or online at
				http://elderaffairs.state.fl.us/english/public.html.
(2) Completion of the required professional
				guardian instruction and training course is a mandatory requirement in order
				for the registrant to be eligible to take the competency examination. The exam
				will be administered by the approved contractor. The contractor will set the
				examination fee, which cannot by law exceed $500.00. The examination may be
				waived in accordance with the criteria in Section
				 744.1085(8),
				F.S.
(3) The exam is comprised of
				two parts:
1) national guardianship ethics
				and practices, and
2) Florida law
				and procedure. Registrants must score a minimum of 75% on both
				parts.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58M - Office of Public and Professional Guardians › Chapter 58M-2 - GUARDIANSHIP › Section 58M-2.005 - Confidentiality (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 744.1083(6) FS.
					 Law Implemented 744.102(16),
					 744.1083,
					 744.1085,
					 744.3135
					 FS.
New 12-12-05, Repealed
					 11-29-11.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58M - Office of Public and Professional Guardians › Chapter 58M-2 - GUARDIANSHIP › Section 58M-2.007 - Electronic Fingerprint Criminal History Record Check

Current through Reg. 50, No. 138; July 16, 2024
Per Section
				   744.3135(3),
				  F.S., a professional guardian and their fiduciary employees may use electronic
				  fingerprinting methods. If completing a criminal history record check by
				  electronic fingerprinting, registrants must use a provider on the list
				  maintained by SPGO. This list may be obtained from the Statewide Public
				  Guardianship Office or at
				  http://elderaffairs.state.fl.us/english/public.html.
Rulemaking Authority
					 744.3135 FS. Law Implemented
					 744.3135
					 FS.
New 3-17-08.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58M - Office of Public and Professional Guardians › Chapter 58M-2 - GUARDIANSHIP › Section 58M-2.009 - Standards of Practice

Current through Reg. 50, No. 138; July 16, 2024
(1)
				DEFINITIONS.
(a) In addition to the terms
				defined in Chapter 744, F.S., the following definitions are applicable in this
				rule:
1. "Interested Person" means a person
				identified as an interested person in a guardianship proceeding. The meaning as
				it relates to particular wards may vary from time to time and must be
				determined by the Court according to the particular matter involved.
2. "Family" or "Family Member" means a person
				or persons who are:
a. A relative of an
				individual within the third degree by blood or marriage, or
b. The stepparent of a minor if the
				stepparent is currently married to the parent of the minor and is not a party
				in a pending dissolution, separate maintenance, domestic violence, or other
				civil or criminal proceeding in any court of competent jurisdiction involving
				one or both of the minor's parents as an adverse party.
3. "Friend" means a person who an individual
				knows and with whom the individual has a bond of mutual affection.
4. "Abuse" means any willful act or
				threatened act by anyone who causes or is likely to cause significant
				impairment to a Ward's physical, mental, or emotional health. Abuse includes
				acts and omissions.
5. "Neglect"
				means the failure or omission on the part of a caregiver, service provider or
				guardian to provide the care, supervision, and services necessary to maintain
				the physical and mental health of a Ward, including, but not limited to, food,
				clothing, medicine, shelter, supervision, and medical services, which a
				reasonably prudent person would consider essential for the well-being of the
				Ward, under the same or similar circumstances. The term "neglect" also means
				the failure of a caregiver, service provider or guardian to make a reasonable
				effort to protect a Ward from abuse, neglect, or exploitation by
				others.
6. "Exploitation" means:
a. Knowingly obtaining or using, or
				endeavoring to obtain or use, a Ward's funds, assets, or property with the
				intent to temporarily or permanently deprive the Ward of the use, benefit, or
				possession of the funds, assets, or property, or to benefit someone other than
				the Ward, or
b. Breach of a
				fiduciary duty to a Ward by the Ward's guardian which results in an
				unauthorized appropriation, sale, or transfer of property, or
c. Intentionally or negligently failing to
				effectively use a Ward's income and assets for the necessities required for
				that Ward's support and maintenance, by the Ward's
				guardian.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58M - Office of Public and Professional Guardians › Chapter 58M-2 - GUARDIANSHIP › Section 58M-2.011 - Disciplinary Action and Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose.
				Pursuant to Section  744.20041, F.S., the Office of
				Public and Professional Guardians provides disciplinary guidelines in this rule
				for applicants or guardians over whom it has oversight. The purpose of this
				rule is to notify applicants and guardians of the range of penalties which will
				routinely be imposed, unless the Office of Public and Professional Guardians
				finds it necessary to deviate from the guidelines for the stated reasons given
				in this rule. The range of penalties are based upon a single count violation of
				each provision listed. Multiple counts of the violated provisions or a
				combination of the violations may result in a higher penalty. Each range
				includes the lowest and highest penalties that may be imposed for that
				violation. For applicants, all offenses listed in the Disciplinary Guidelines
				are sufficient for refusal to certify an application for registration. The
				Office of Public and Professional Guardians may find it necessary to deviate
				from the guidelines for the reasons stated in subsection (3), of this
				rule.
(2) Violations and Range of
				Penalties. In imposing discipline upon applicants and guardians, the Office of
				Public and Professional Guardians shall act in accordance with guidelines and
				shall impose a penalty within a range corresponding to the violations set forth
				in form DOEA/OPPG Form 003, Office of Public and Professional Guardians
				Disciplinary Guidelines (February 2017), incorporated herein by reference and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-07914
,
				unless the Office of Public and Professional Guardians finds it necessary to
				deviate from the guidelines for the stated reasons given in subsection (3), of
				this rule.
(3) The Office of Public
				and Professional Guardians shall take into consideration the danger to the
				public; the number of repetitions of offenses; the length of time since the
				date(s) of violation; the number of disciplinary actions taken against the
				guardian; the length of time the guardian has practiced; the actual damage,
				physical or otherwise, to the ward; the deterrent effect of the penalty
				imposed; any efforts for rehabilitation; and any other mitigating or
				aggravating circumstances in determining the appropriate disciplinary action to
				be imposed.
Rulemaking Authority
					 744.20041 FS. Law Implemented
					 744.20041
					 FS.
New 3-23-17.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58N - Division of Statewide Community Based Services › Chapter 58N-1 - LONG-TERM CARE COMMUNITY DIVERSION PROJECTS › Section 58N-1.001 - Application Process (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 430.705 FS. Law Implemented
					 430.705,
					 430.707
					 FS.
New 4-29-08, Repealed
					 10-26-15.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58N - Division of Statewide Community Based Services › Chapter 58N-1 - LONG-TERM CARE COMMUNITY DIVERSION PROJECTS › Section 58N-1.009 - Care and Service Standards (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 430.706 FS. Law Implemented
					 430.706
					 FS.
New 4-29-08, Repealed
					 10-26-15.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58N - Division of Statewide Community Based Services › Chapter 58N-1 - LONG-TERM CARE COMMUNITY DIVERSION PROJECTS › Section 58N-1.011 - Outcome Measures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 430.706 FS. Law Implemented
					 430.705(2)(b)3., 430.706
					 FS.
New 4-29-08, Repealed
					 10-26-15.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58N - Division of Statewide Community Based Services › Chapter 58N-1 - LONG-TERM CARE COMMUNITY DIVERSION PROJECTS › Section 58N-1.013 - Quality Assurance Standards (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 430.706 FS. Law Implemented
					 430.706
					 FS.
New 4-29-08, Repealed
					 10-26-15.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58N - Division of Statewide Community Based Services › Chapter 58N-1 - LONG-TERM CARE COMMUNITY DIVERSION PROJECTS › Section 58N-1.015 - Utilization Review (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 430.706 FS. Law Implemented
					 430.706
					 FS.
New 4-29-08, Repealed
					 10-26-15.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58N - Division of Statewide Community Based Services › Chapter 58N-1 - LONG-TERM CARE COMMUNITY DIVERSION PROJECTS › Section 58N-1.017 - Grievance and Conflict Resolution (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 430.706 FS. Law Implemented
					 430.706
					 FS.
New 4-29-08, Repealed
					 10-26-15.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58N - Division of Statewide Community Based Services › Chapter 58N-1 - LONG-TERM CARE COMMUNITY DIVERSION PROJECTS › Section 58N-1.019 - Service Satisfaction (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 430.706 FS. Law Implemented
					 430.706
					 FS.
New 4-29-08, Repealed
					 10-26-15.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58T - Training Requiring Provider and Curriculum Approvals › Chapter 58T-1 - TRAINING REQUIRING PROVIDER AND CURRICULUM APPROVALS › Section 58T-1.201 - Purpose of Assisted Living Facility (ALF) Core Training Provider and Curriculum Approvals (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 429.52 FS. Law Implemented
					 429.52
					 FS.
New 6-15-09, Repealed
					 11-29-11.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58T - Training Requiring Provider and Curriculum Approvals › Chapter 58T-1 - TRAINING REQUIRING PROVIDER AND CURRICULUM APPROVALS › Section 58T-1.203 - ALF Core Training Provider Qualifications (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 429.52 FS. Law Implemented
					 429.52
					 FS.
New 6-15-09, Transferred to
					  59A-36.027,
					 7-1-19.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58T - Training Requiring Provider and Curriculum Approvals › Chapter 58T-1 - TRAINING REQUIRING PROVIDER AND CURRICULUM APPROVALS › Section 58T-1.205 - ALF Minimum Core Training Curriculum Requirements (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 429.52 FS. Law Implemented
					 429.52
					 FS.
New 6-15-09, Transferred to
					  59A-36.028,
					 7-1-19.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58T - Training Requiring Provider and Curriculum Approvals › Chapter 58T-1 - TRAINING REQUIRING PROVIDER AND CURRICULUM APPROVALS › Section 58T-1.207 - ALF Core Training Provider Initial Registration Process (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 429.52 FS. Law Implemented
					 429.52
					 FS.
New 6-15-09, Transferred to
					  59A-36.029,
					 7-1-19.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58T - Training Requiring Provider and Curriculum Approvals › Chapter 58T-1 - TRAINING REQUIRING PROVIDER AND CURRICULUM APPROVALS › Section 58T-1.209 - Process for Maintaining ALF Core Training Provider Registration (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 429.52 FS. Law Implemented
					 429.52
					 FS.
New 6-15-09, Transferred to
					  59A-36.030,
					 7-1-19.
Florida Administrative Code › 58 - DEPARTMENT OF ELDER AFFAIRS › 58T - Training Requiring Provider and Curriculum Approvals › Chapter 58T-1 - TRAINING REQUIRING PROVIDER AND CURRICULUM APPROVALS › Section 58T-1.211 - Registered ALF Core Training Provider Responsibilities (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 429.52 FS. Law Implemented
					 429.52
					 FS.
New 6-15-09, Transferred to
					  59A-36.031,
					 7-1-19.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59 - Departmental › Chapter 59-1 - ADMINISTRATION › Section 59-1.018 - Uniform Rules of Procedure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority 408.15(8) FS. Law Implemented 120.54(5)
					 FS.
New 6-3-93, Amended 2-6-96, 7-21-96, 4-12-98, Repealed
					 11-22-07.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59 - Departmental › Chapter 59-1 - ADMINISTRATION › Section 59-1.024 - Judicial Review (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority 408.15(8) FS. Law Implemented 59.081,
					 120.52(7), 120.54(5), 120.68 FS.
New 6-3-93, Amended 4-12-98, Repealed
					 11-22-07.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59 - Departmental › Chapter 59-1 - ADMINISTRATION › Section 59-1.025 - Dismissal of Administrative Complaint (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority 408.15(8) FS. Law Implemented 120.53(1),
					 120.57 FS.
New 6-3-93, Repealed
					 11-22-07.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59 - Departmental › Chapter 59-1 - ADMINISTRATION › Section 59-1.031 - Default Orders (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority 408.15(8) FS. Law Implemented 120.53(1)
					 FS.
New 6-3-93, Repealed
					 11-22-07.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59 - Departmental › Chapter 59-1 - ADMINISTRATION › Section 59-1.038 - Authority (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented
					 120.53 FS.
New 6-3-93, Repealed
					 8-8-11.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59 - Departmental › Chapter 59-1 - ADMINISTRATION › Section 59-1.039 - Official Reporter (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(2)(a) FS. Law Implemented
					 120.53(2)(a)-(d) FS.
New 6-3-93, Repealed
					 2-13-14.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59 - Departmental › Chapter 59-1 - ADMINISTRATION › Section 59-1.044 - Access to Final Orders (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented
					 120.53(1)(a)-(h) FS.
New 6-3-93, Repealed
					 2-13-14.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59 - Departmental › Chapter 59-1 - ADMINISTRATION › Section 59-1.045 - Final Orders Required to Be Indexed (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented
					 120.53(1)(a)-(e) FS.
New 6-3-93, Amended 12-23-99, Repealed
					 2-13-14.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59 - Departmental › Chapter 59-1 - ADMINISTRATION › Section 59-1.046 - Listing of Final Orders (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented
					 120.53(1)(f) FS.
New 6-3-93, Repealed
					 2-13-14.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59 - Departmental › Chapter 59-1 - ADMINISTRATION › Section 59-1.047 - Numbering of Final Orders (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented
					 120.53(1)(h) FS.
New 6-3-93, Amended 12-23-99, Repealed
					 2-13-14.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59 - Departmental › Chapter 59-1 - ADMINISTRATION › Section 59-1.052 - Maintenance of Records (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 120.53(1)(c)5. FS. Law Implemented
					 119.021(3), 120.53(3) FS.
New 6-3-93, Repealed
					 8-8-11.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59 - Departmental › Chapter 59-1 - ADMINISTRATION › Section 59-1.062 - Procurement for Minority Business Enterprises (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority 287.0947(2) FS. Law Implemented 287.042
					 FS.
New 8-17-93, Repealed
					 11-22-07.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-1 - CERTIFICATION OF ORGAN PROCUREMENT ORGANIZATIONS, TISSUE BANKS, AND EYE BANKS (IN MEMORY OF CHARLES ARLEIGH LINCOLN, PH.D.) › Section 59A-1.001 - Title (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 381.6021(1), (2), 381.6022 FS. Law
					 Implemented 381.6021, 381.6022 FS.
New 11-26-92, Repealed
					 8-20-96.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-1 - CERTIFICATION OF ORGAN PROCUREMENT ORGANIZATIONS, TISSUE BANKS, AND EYE BANKS (IN MEMORY OF CHARLES ARLEIGH LINCOLN, PH.D.) › Section 59A-1.002 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 381.6021(1), (2), 381.6022 FS. Law
					 Implemented 381.6021, 381.6022 FS.
New 11-26-92, Repealed
					 8-20-96.