Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-16 - ADULT DAY CARE › Section 59A-16.101 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) The following terms are defined in
				sections 429.901 and
				429.918, F.S., and are
				applicable to this rule chapter: "ADRD Participant, " "Adult Day Care Center, "
				or "Center, " "Agency, " "Basic Services, " "Department, " "Multiple or
				Repeated Violations, " "Operator, " "Owner, " "Participant, " "Specialized
				Alzheimer's Services, " and "Supportive and Optional Services."
(2) Additional definitions applicable in this
				rule chapter are as follows:
(a) "Activities
				of Daily Living" or "ADL" shall mean the functions or tasks for self-care and
				shall include: ambulation, bathing, dressing, eating, grooming, transferring,
				and toileting, self-administration of medications, and other personal hygiene
				activities.
(b) "Adult" shall mean
				any person 18 years of age or older.
(c) "Applicant for Licensure" shall mean the
				Owner or Operator of a Center or, if the Owner is a business entity, the person
				(i.e., corporate officer, general or limited partner) acting on behalf of the
				entity.
(d) "Assistant Operator"
				shall mean an individual designated in writing by the Owner or Operator as
				having full responsibility and authority for the daily operation of the
				facility when the Owner or Operator is not onsite. The Assistant Operator shall
				meet the same minimum qualifications as the Operator.
(e) "Participant Capacity" shall mean the
				number of Participants for which a Center is licensed to provide care to at any
				given time and shall be based upon required net floor space.
(f) "Comprehensive Emergency Management Plan"
				shall mean a plan developed by the Adult Day Care Center describing how the
				Center will prepare for and respond to an emergency, pursuant to subsection
				59A-16.107(10),
				F.A.C.
(g) "Congregate Space" shall
				mean climatically controlled living rooms, dining rooms, specialized activity
				rooms, or other rooms to be commonly used by all Participants.
(h) "Daily Attendance" shall mean the number
				of Participants who, during any one calendar day, attend the Center. This count
				is not dependent upon, nor does it include, the number of types of services a
				Participant receives, but is an actual, individual, and unduplicated census
				count.
(i) "Functional Impairment"
				means a physical, mental, social, or cognitive condition or deficit that
				restricts an individual's ability to perform the tasks and Activities of Daily
				Living and that impedes the individual's capability for self-care and
				independent living without assistance or supervision from others on a recurring
				or continuous basis for extended periods of time.
(j) "Governing Authority" shall mean the
				organization, person, or persons designated to assume full legal responsibility
				for the determination of policy, management, operation, and financial viability
				of the Center.
(k) "Major Incident"
				shall mean any incident for which the Agency, Center, Staff member or other
				person associated with the Center may be liable, or which has resulted in
				serious injury, death or extensive property damage. Major Incidents include,
				but are not limited to, the following:
1.
				Death of a Participant from other than natural causes while in the care of the
				Center,
2. Threats or occurrences
				of riots, bombings, or other extreme violence,
3. Disappearance of a Participant from the
				Center,
4. Assaults or batteries on
				or by a Participant, resulting in severe injury or death, including, but not
				limited to, sexual assaults or rape,
5. Property damage from any cause that would
				interrupt routine operations or disrupt service delivery,
6. Auto accidents with injuries involving
				participants,
7. Involuntary Center
				closure,
8. Incidents of abuse,
				neglect, exploitation or fraud,
9.
				Employee work conduct which results in a criminal law violation,
10. Attempted suicide by a participant while
				under Center supervision.
(l) "Net Floor Space" shall mean the actual
				climatically controlled occupied area, not including accessory unoccupied areas
				such as hallways, stairs, closets, storage areas, bathrooms, kitchen or
				thickness of walls, set aside for the use of the Participants.
(m) "Operator" shall mean an individual who
				has daily administrative charge of an Adult Day Care Center and who shall be
				designated in writing as such by the owner or Governing Authority. An Operator
				of a Specialized Alzheimer's Services Adult Day Care Center must meet the
				educational or experiential requirements in section
				429.918(5),
				F.S.
(n) "Orientation and Training
				Plan" shall mean a written plan developed and reviewed at least annually, and
				implemented throughout the year, which describes a coordinated program for
				Staff training for each service and for orientation of each new Staff member on
				Center policies, procedures, assigned duties and responsibilities. The
				orientation and training provided for by the Orientation and Training Plan
				shall begin no later than the first day of employment.
(o) "Over the Counter Products" or "OTC
				Products" shall mean medications and related products that can be purchased
				legally without a prescription, including, but not limited to, medications,
				vitamins, nutritional supplements and nutraceuticals.
(p) "Participant Care Plan" shall mean a
				written record documenting adult day health services, as required by paragraph
				59A-16.106(6)(d),
				F.A.C.
(q) "Participant File" shall
				mean a record, prepared and kept by the Center which shall include: a
				Participant Care Plan, documenting adult day health services provided to the
				Participant, if any; medical and social history or copies of an examination
				completed by a physician; diagnosis; disabilities and limitations;
				rehabilitation potential; short and long-term goals; recommended activities;
				orders for medication or modified diet, including Supervision of
				Self-administered Medication; special needs for health or safety; permitted
				levels of physical activity; frequency of attendance at the Center; and notes
				as required in this rule chapter.
(r) "Personal Supervision of a Participant"
				shall mean observation of the Participant to maintain safety and well-being,
				including Supervision of Self-administered Medications.
(s) "Respite Care" or "Respite" in an Adult
				Day Care Center is defined as a service provided to relieve the
				caregiver.
(t) "Responsible Person"
				shall mean any person who has assumed the responsibility to manage the affairs
				and protect the rights of any Participant of a Center. The Responsible Person
				is not a legal entity, but may be a caregiver or friend and shall in no case be
				affiliated with the facility, its operations, or its personnel, unless so
				ordered by a court.
(u)
				"Significant Change" shall mean: a deterioration or improvement in ability to
				carry out Activities of Daily Living; a deterioration in behavior or mood to
				the point where daily problems arise, or an improvement to the point that these
				problems are eliminated; or a substantial deterioration in health status or
				reversal of such condition. Ordinary day-to-day fluctuations in functioning and
				behavior and acute short-term illness such as a cold are not considered
				Significant Changes unless such fluctuations persist to the extent that a trend
				is established.
(v) "Staff" shall
				mean any employee, independent contractor, or volunteer included in the minimum
				Staff ratio, who provides direct or indirect services to the
				Participants.
(w) "Staff Providing
				Direct Care for ADRD Participants" means Staff providing personal or
				Specialized Alzheimer's Services to ADRD Participants or Participants with
				dementia-related disorders, including, but not limited to, Owners, Operators,
				and Assistant Operators providing such services.
(x) "Staff in Direct Contact with ADRD
				Participants" means all Staff who are not Staff Providing Direct Care to ADRD
				Participants or Participants with dementia-related disorders, but whose duties
				may require them to interact with ADRD Participants or Participants with
				dementia-related disorders on a daily basis.
(y) "Supervision of Self-administered
				Medication" shall mean the performance of the following tasks: reminding
				Participants to take medication at the time indicated on the prescription;
				opening or closing medication container(s) or assisting in the opening of
				prepackaged medication; reading the medication label to Participants; observing
				Participants while they take medication; checking the self-administered dosage
				against the label of the container; reassuring Participants that they have
				obtained and are taking the dosage as prescribed; keeping daily records of when
				Participants received supervision pursuant to this subsection; and immediately
				reporting apparent adverse effects on a Participant's condition to the
				Participant's physician and responsible person. No Center is required to
				provide Supervision of Self-administered Medication to Participants who are
				capable of administering their own medication.
(z) "Supervision of Staff" shall mean
				guidance by a qualified person for a Staff member's performance of job-related
				functions and activities, with initial direction and periodic onsite inspection
				of the performance. Supervision of Participants shall mean guidance and care
				necessary for the health, safety and well-being of Participants.
(aa) "Supportive and Optional Services" shall
				mean optional activities and services provided by a Center, in accordance with
				rule 59A-16.106, F.A.C.
(bb) "Transportation Services" shall mean the
				conveyance of Participants between the Center and a designated location, as
				well as to and from services provided directly or indirectly by the Center. No
				Participant's transportation to and from a designated location and the Center
				shall exceed two hours if the transportation is provided or arranged by the
				Center.
(cc) "Volunteer" shall mean
				an individual not on the payroll of the Adult Day Care Center, whose
				qualifications shall be determined by the Center, for whom a written job
				description and Orientation and Training Plan shall be provided and
				implemented.