Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.023 - Administrative Enforcement

Current through Reg. 50, No. 138; July 16, 2024
Facility staff must cooperate with agency personnel during
				  surveys, complaint investigations, monitoring visits, license application and
				  renewal procedures and other activities necessary to ensure compliance with
				  Part II, Chapter 408, F.S., Part I, Chapter 429, F.S., Rule Chapter 59A-35,
				  F.A.C., and this rule chapter.
(1)
				Abbreviated Survey.
(a) An applicant for
				license renewal who does not have any class I or class II violations or
				uncorrected class III violations, confirmed long-term care ombudsman program
				complaints, or confirmed licensing complaints within the two licensing periods
				immediately preceding the current renewal date, is eligible for an abbreviated
				biennial survey by the agency. For the purpose of this rule, a confirmed
				long-term care ombudsman program complaint is a complaint that is verified and
				referred to a regulatory agency for further action. Facilities that do not have
				two survey reports on file with the agency under current ownership are not
				eligible for an abbreviated inspection. Upon arrival at the facility, the
				agency must inform the facility that it is eligible for an abbreviated survey,
				and that an abbreviated survey will be conducted.
(b) Compliance with key quality of care
				standards described in the following statutes and rules will be used by the
				agency during its abbreviated survey of eligible facilities:
1. Section
				429.26, F.S., and Rule
				59A-36.006, F.A.C., relating to
				residency criteria;
2. Section
				429.27, F.S., and Rule
				59A-36.013, F.A.C., relating to
				proper management of resident funds and property;
3. Section
				429.28, F.S., and Rule
				59A-36.007, F.A.C., relating to
				respect for resident rights;
4.
				Section 429.41, F.S., and Rule
				59A-36.007, F.A.C., relating to
				the provision of supervision, assistance with the activities of daily living,
				and arrangement for appointments and transportation to appointments;
5. Section
				429.256, F.S., and Rule
				59A-36.008, F.A.C., relating to
				assistance with or administration of medications;
6. Section
				429.41, F.S., and Rule
				59A-36.010, F.A.C., relating to
				the provision of sufficient staffing to meet resident needs;
7. Section
				429.41, F.S., and Rule
				59A-36.012, F.A.C., relating to
				minimum dietary requirements and proper food hygiene;
8. Section
				429.075, F.S., and Rule
				59A-36.020, F.A.C., relating to
				mental health residents' community support living plan;
9. Section
				429.07, F.S., and Rule
				59A-36.021, F.A.C., relating to
				meeting the environmental standards and residency criteria in a facility with
				an extended congregate care license; and
10. Section
				429.07, F.S., and Rule
				59A-36.022, F.A.C., relating to
				the provision of care and staffing in a facility with a limited nursing
				services license.
(c) The
				agency will expand the abbreviated survey or conduct a full survey if
				violations which threaten or potentially threaten the health, safety, or
				welfare of residents are identified during the abbreviated survey. The facility
				must be informed when a full survey will be conducted. If one or more of the
				following serious problems are identified during an abbreviated survey, a full
				biennial survey will be immediately conducted:
1. Violations of Rule Chapter 69A-40, F.A.C.,
				relating to fire safety, that threaten the life or safety of a
				resident;
2. Violations relating to
				staffing standards or resident care standards that adversely affect the health,
				safety, or welfare of a resident;
3. Violations relating to facility staff
				rendering services for which the facility is not licensed; or
4. Violations relating to facility medication
				practices that are a threat to the health, safety, or welfare of a
				resident.