reglab/statecodes huggingface dataset:
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-35 - HEALTH CARE LICENSING PROCEDURES › Section 59A-35.150 - Moratorium; Emergency Suspension

Current through Reg. 50, No. 138; July 16, 2024
In addition to other remedies permitted by law, violation of
				  a moratorium issued by the Agency is considered a Class I violation and subject
				  to a fine of $500 per day until the violation is corrected.
Rulemaking Authority 408.819 FS. Law Implemented 408.813,
					 408.814 FS.
New 7-14-10.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.001 - Standards and Criteria for Determining Compliance with Facility Standards and Resident Rights (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 429.28(3)(a) FS. Law Implemented
					 429.28 FS.
New 11-28-16, Repealed
					 7-12-21.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.003 - Licensing and Change of Ownership

Current through Reg. 50, No. 138; July 16, 2024
(1)
				LICENSE APPLICATION. An applicant for a standard assisted living facility
				license, a limited mental health license, an extended congregate care license,
				or a limited nursing services license may apply for licensure pursuant to the
				requirements of chapters 408, part II, 429, part I, F.S., and rule chapter
				59A-35, F.A.C.
(2) CHANGE OF
				OWNERSHIP. In addition to the requirements for a change of ownership contained
				in chapter 408, part II, F.S., section
				429.12, F.S., and rule chapter
				59A-35, F.A.C., the following provisions relating to resident funds apply
				pursuant to section 429.27, F.S.:
(a) At the time of transfer of ownership, all
				resident funds on deposit, advance payments of resident rents, resident
				security deposits, and resident trust funds held by the current licensee must
				be transferred to the applicant. Proof of such transfer must be provided to the
				agency at the time of the agency survey and before the issuance of a standard
				license. This provision does not apply to entrance fees paid to a continuing
				care facility subject to the acquisition provisions in section
				651.024, F.S.
(b) The transferor must provide to each
				resident a statement detailing the amount and type of funds held by the
				facility and credited to the resident.
(c) The transferee must notify each resident
				in writing of the manner in which the transferee is holding the resident's
				funds and state the name and address of the depository where the funds are
				being held, the amount held, and type of funds credited.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.004 - License Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) SERVICE
				PROHIBITION. An assisted living facility may not represent that it provides any
				service other than a service for which it is licensed to provide.
(2) CHANGE IN USE OF SPACE REQUIRING AGENCY
				CENTRAL OFFICE APPROVAL. A change in the use of space that increases or
				decreases a facility's capacity must not be made without prior approval from
				the Agency Central Office. Approval must be based on the compliance with the
				physical plant standards provided in rule
				59A-36.014, F.A.C., as well as
				documentation of compliance with applicable fire safety and sanitation
				inspection requirements referenced in rule
				59A-36.005, F.A.C.
(3) CHANGE IN USE OF SPACE REQUIRING AGENCY
				FIELD OFFICE APPROVAL. A change in the use of space that involves converting an
				area to resident use, which has not previously been inspected for such use,
				must not be made without prior approval from the Agency Field Office. Approval
				must be based on compliance with the physical plant standards provided in rule
				59A-36.014, F.A.C., as well as
				documentation of compliance with applicable fire safety and sanitation
				inspection standards referenced in rule
				59A-36.005, F.A.C.
(4) CONTIGUOUS PROPERTY. If a facility
				consists of more than one building, all buildings included under a single
				license must be on contiguous property. "Contiguous property" means property
				under the same ownership separated by no more than a two-lane street that
				traverses the property. A licensed location may be expanded to include
				additional contiguous property with the approval of the agency to ensure
				continued compliance with the requirements and standards of chapters 408, Part
				II, 429, Part I, F.S. and rule chapter 59A-35, F.A.C., and this rule
				chapter.
(5) PROOF OF INSPECTIONS.
				A copy of the annual fire safety and sanitation inspections described in rule
				59A-36.005, F.A.C., must be
				submitted annually to the Agency Central Office. The annual inspections must be
				submitted no later than 30 calendar days after the inspections. Failure to
				comply with this requirement may result in administrative action pursuant to
				chapter 408, part II, and section
				429.14, F.S., and rule chapter
				59A-35, F.A.C.
(6) RESIDENTS
				RECEIVING STATE-FUNDED SERVICES. Upon request, the facility administrator or
				designee must identify residents receiving state-funded services to the agency
				and the department for monitoring purposes authorized by state and federal
				laws.
Rulemaking Authority 429.41 FS. Law Implemented 429.41,
					 429.44 FS.
New 5-15-81, Amended 1-6-82, 9-17-84, Formerly 10A-5.16,
					 Amended 6-21-88, 9-30-92, Formerly 10A-5.016, Amended 10-30-95, 10-17-99,
					 7-30-06, 4-15-10, 4-17-14, Formerly
					 58A-5.016,
					 7-1-19.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.005 - Inspection Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
(1) County
				health departments are responsible for inspecting all license applicants and
				licensed facilities in matters regulated by:
(a) Rule
				64E-12.004, F.A.C., and rule
				chapter 64E-11, F.A.C., relating to food hygiene.
(b) Chapter 64E-12, F.A.C., relating to
				sanitary practices in community-based residential facilities.
(c) Chapter 64E-16, F.A.C., relating to
				biomedical waste.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.007 - Resident Care Standards

Current through Reg. 50, No. 138; July 16, 2024
An assisted living facility must provide care and services
				  appropriate to the needs of residents accepted for admission to the
				  facility.
(1) SUPERVISION. Facilities
				must offer personal supervision as appropriate for each resident, including the
				following:
(a) Monitoring of the quantity and
				quality of resident diets in accordance with Rule
				59A-36.012, F.A.C.
(b) Daily observation by designated staff of
				the activities of the resident while on the premises, and awareness of the
				general health, safety, and physical and emotional well-being of the
				resident.
(c) Maintaining a general
				awareness of the resident's whereabouts. The resident may travel independently
				in the community.
(d) Contacting
				the resident's health care provider and other appropriate party such as the
				resident's family, guardian, health care surrogate, or case manager if the
				resident exhibits a significant change.
(e) Contacting the resident's family,
				guardian, health care surrogate, or case manager if the resident is discharged
				or moves out.
(f) Maintaining a
				written record, updated as needed, of any significant changes, any illnesses
				that resulted in medical attention, changes in the method of medication
				administration, or other changes that resulted in the provision of additional
				services.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.008 - Medication Practices

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Sections
				  429.255 and
				  429.256, F.S., and this rule,
				  licensed facilities may assist with the self-administration or administration
				  of medications to residents in a facility. A resident may not be compelled to
				  take medications but may be counseled in accordance with this rule.
(1) SELF ADMINISTERED MEDICATIONS.
(a) Residents who are capable of
				self-administering their medications without assistance must be encouraged and
				allowed to do so.
(b) If facility
				staff observes health changes that could reasonably be attributed to the
				improper self-administration of medication, staff must consult with the
				resident concerning any problems the resident may be experiencing in
				self-administering the medications. The consultation should describe the
				services offered by the facility that aid the resident with medication
				administration through the use of a pill organizer, through providing
				assistance with self-administration of medications, or through administering
				medications. The facility must contact the resident's health care provider when
				observable health changes occur that may be attributed to the resident's
				medications. The facility must document such contacts in the resident's
				records.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.009 - Do Not Resuscitate Orders (DNROs)

Current through Reg. 50, No. 138; July 16, 2024
(1) POLICIES AND PROCEDURES.
(a) Each assisted living facility must have
				written policies and procedures that explain its implementation of state laws
				and rules relative to Do Not Resuscitate Orders (DNROs). An assisted living
				facility may not require execution of a DNRO as a condition of admission or
				treatment. The assisted living facility must provide the following to each
				resident, or resident's representative, at the time of admission:
1. Form SCHS-4-2006, "Health Care Advance
				Directives - The Patient's Right to Decide, " April 2006, or with a copy of
				some other substantially similar document, which incorporates information
				regarding advance directives included in chapter 765, F.S. Form SCHS-4-2006 is
				available from the Agency for Health Care Administration, 2727 Mahan Drive,
				Mail Stop 34, Tallahassee, FL 32308 or the agency's website at:
				http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/HC_Advance_Directives/docs/adv_dir.pdf;
				and,
2. DH Form 1896, Florida Do
				Not Resuscitate Order Form, December, 2004, which is hereby incorporated by
				reference. This form may be obtained by calling the Department of Health's toll
				free number 1(800)226-1911, extension 2780 or online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-04005
.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.010 - Staffing Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) ADMINISTRATORS.
				Every facility must be under the supervision of an administrator who is
				responsible for the operation and maintenance of the facility including the
				management of all staff and the provision of appropriate care to all residents
				as required by chapters 408, part II, 429, part I, F.S., and rule chapter
				59A-35, F.A.C., and this rule chapter.
(a) An
				administrator must:
1. Be at least 21 years
				of age;
2. If employed on or after
				October 30, 1995, have, at a minimum, a high school diploma or
				G.E.D.;
3. Be in compliance with
				Level 2 background screening requirements pursuant to sections
				408.809 and
				429.174, F.S.;
4. Complete the core training and core
				competency test requirements pursuant to rule
				59A-36.011, F.A.C., no later
				than 90 days after becoming employed as a facility administrator.
				Administrators who attended core training prior to July 1, 1997, are not
				required to take the competency test unless specified elsewhere in this rule;
				and,
5. Satisfy the continuing
				education requirements pursuant to rule
				59A-36.011, F.A.C.
				Administrators who are not in compliance with these requirements must retake
				the core training and core competency test requirements in effect on the date
				the non-compliance is discovered by the agency or the
				department.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.011 - Staff Training Requirements and Competency Test

Current through Reg. 50, No. 138; July 16, 2024
(1) ASSISTED LIVING FACILITY CORE TRAINING
				REQUIREMENTS AND COMPETENCY TEST.
(a) The
				assisted living facility core training requirements established by the
				department pursuant to Section
				429.52, F.S., shall consist of a
				minimum of 26 hours of training plus a competency test.
(b) Administrators and managers must
				successfully complete the assisted living facility core training requirements
				within 3 months from the date of becoming a facility administrator or manager.
				Successful completion of the core training requirements includes passing the
				competency test. The minimum passing score for the competency test is 75%.
				Administrators who have attended core training prior to July 1, 1997, and
				managers who attended the core training program prior to April 20, 1998, shall
				not be required to take the competency test. Administrators licensed as nursing
				home administrators in accordance with Chapter 468, Part II, F.S., are exempt
				from this requirement.
(c)
				Administrators and managers shall participate in 12 hours of continuing
				education in topics related to assisted living every 2 years.
(d) A newly hired administrator or manager
				who has successfully completed the assisted living facility core training and
				continuing education requirements, shall not be required to retake the core
				training. An administrator or manager who has successfully completed the core
				training but has not maintained the continuing education requirements will be
				considered a new administrator or manager for the purposes of the core training
				requirements and must:
1. Retake the assisted
				living facility core training; and,
2. Retake and pass the competency
				test.
(e) The fees for
				the competency test shall not exceed $200.00. The payment for the competency
				test fee shall be remitted to the entity administering the test. A new fee is
				due each time the test is taken.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.012 - Food Service Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) GENERAL
				RESPONSIBILITIES. When food service is provided by the facility, the
				administrator, or an individual designated in writing by the administrator,
				must be responsible for total food services and the day-to-day supervision of
				food services staff. In addition, the following requirements apply:
(a) If the designee is an individual who has
				not completed an approved assisted living facility core training course, such
				individual must complete the food and nutrition services module of the core
				training course before assuming responsibility for the facility's food service.
				The designee is not subject to the 1 hour in-service training in safe food
				handling practices.
(b) If the
				designee is a certified food manager, certified dietary manager, registered or
				licensed dietitian, dietetic registered technician, or health department
				sanitarian, the designee is exempt from the requirement to complete the food
				and nutrition services module of the core training course before assuming
				responsibility for the facility's food service as required in paragraph (1)(a)
				of this rule.
(c) An administrator
				or designee must perform his or her duties in a safe and sanitary
				manner.
(d) An administrator or
				designee must provide regular meals that meet the nutritional needs of
				residents, and therapeutic diets as ordered by the resident's health care
				provider for residents who require special diets.
(e) An administrator or designee must comply
				with the food service continuing education requirements specified in Rule
				59A-36.011,
				F.A.C.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.013 - Fiscal Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) FINANCIAL
				STABILITY. The facility must be administered on a sound financial basis in
				order to ensure adequate resources to meet resident needs pursuant to the
				requirements of chapter 408, part II, part I, F.S., and rule chapter 59A-35,
				F.A.C., and this rule chapter.
(2)
				RESIDENT TRUST FUNDS. Funds or other property received by the facility
				belonging to or due a resident, including personal funds, must be held as trust
				funds and expended only for the resident's account. Resident funds or property
				may be held in one bank account if a separate written accounting for each
				resident is maintained. A separate bank account is required for facility funds;
				co-mingling resident funds with facility funds is prohibited. Written
				accounting procedures for resident trust funds must include income and expense
				records of the trust fund, including the source and disposition of the
				funds.
(3) SURETY BONDS. Pursuant
				to the requirements of section
				429.27(2),
				F.S.:
(a) For entities that own more than one
				facility in the state, one surety bond may be purchased to cover the needs of
				all residents served by the entities.
(b) The following additional bonding
				requirements apply to facilities serving residents receiving OSS:
1. If serving as representative payee for a
				resident receiving OSS, the minimum bond proceeds must equal twice the value of
				the resident's monthly aggregate income, which must include any supplemental
				security income or social security disability income plus the OSS payments,
				including the personal needs allowance.
2. If holding a power of attorney for a
				resident receiving OSS, the minimum bond proceeds must equal twice the value of
				the resident's monthly aggregate income, which must include any supplemental
				security income or social security disability income; the OSS payments,
				including the personal allowance; plus the value of any property belonging to a
				resident held at the facility.
(c) Upon the annual issuance of a new bond or
				continuation bond, the facility must file a copy of the bond with the Agency
				Central Office.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.014 - Physical Plant Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) NEW
				FACILITIES. Newly constructed facilities to be licensed as assisted living
				facilities, and existing structures, not previously licensed as assisted living
				facilities, to be converted to assisted living facilities, as well as any
				subsequent additions, modifications, alterations, renovations or refurbishing
				of such facilities, are required by governmental entities other than the
				Department of Elder Affairs to adhere to certain building code and fire safety
				standards. Such standards may be found in:
(a)
				Chapter 4, Section 464, of the Florida Building Code as adopted in rule
				61G20-1.001, F.A.C.;
(b) Section
				633.022, F.S., Uniform Fire
				safety Standards and rule chapter 69A-40, F.A.C. The Uniform Fire Safety
				Standards for Assisted Living Facilities; and,
(c) The National Fire Protection Association
				codes described in section
				429.41, F.S.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.016 - Adverse Incident Report (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 429.23 FS. Law Implemented 429.23
					 FS.
New 1-9-02, Amended 7-30-06, 4-17-14, Formerly
					 58A-5.0241, 7-1-19, Repealed
					 7-12-21.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.017 - Liability Claim Report (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 429.23 FS. Law Implemented 429.23
					 FS.
New 1-9-02, Amended 3-13-14, Formerly
					 58A-5.0242, 7-1-19, Repealed
					 7-12-21.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.019 - Emergency Management

Current through Reg. 50, No. 138; July 16, 2024
(1) EMERGENCY PLAN
				COMPONENTS. Pursuant to Section
				429.41, F.S., each facility must
				prepare a written comprehensive emergency management plan using "Minimum
				Emergency Management Planning Criteria for Assisted Living Facilities, " AHCA
				Form 3180-5006, September 2023, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15964
.
				The form is also available at:
https://ahca.myflorida.com/MCHQ/Emergency_Activities/index.shtml
.
				The emergency management plan must, at a minimum, address the following:
(a) Provision for all hazards;
(b) Provision for the care of residents
				remaining in the facility during an emergency, including pre-disaster or
				emergency preparation; protecting the facility; supplies; emergency power; food
				and water; staffing; and emergency equipment;
(c) Provision for the care of residents who
				must be evacuated from the facility during an emergency including
				identification of such residents and transfer of resident records; evacuation
				transportation; sheltering arrangements; supplies; staffing; emergency
				equipment; and medications;
(d)
				Provision for the care of additional residents who may be evacuated to the
				facility during an emergency including the identification of such residents,
				staffing, and supplies;
(e)
				Identification of residents with Alzheimer's disease or related disorders, and
				residents with mobility limitations who may need specialized assistance either
				at the facility or in case of evacuation;
(f) Identification of and coordination with
				the county emergency management agency;
(g) Arrangement for post-disaster activities
				including responding to family inquiries, obtaining medical intervention for
				residents, transportation, and reporting to the county emergency management
				agency the number of residents who have been relocated, and the place of
				relocation; and,
(h) The
				identification of staff responsible for implementing each part of the
				plan.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.020 - Limited Mental Health

Current through Reg. 50, No. 138; July 16, 2024
(1) LICENSE
				APPLICATION.
(a) Any facility intending to
				admit one or more mental health residents must obtain a limited mental health
				license from the agency before accepting the mental health resident.
(b) Facilities applying for a limited mental
				health license that have uncorrected deficiencies or violations found during
				the facility's last survey, complaint investigation, or monitoring visit will
				be surveyed before the issuance of a limited mental health license to determine
				if such deficiencies or violations have been corrected.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.021 - Extended Congregate Care Services

Current through Reg. 50, No. 138; July 16, 2024
(1)
				LICENSING.
(a) Any facility intending to
				establish extended congregate care services must obtain a license from the
				agency before accepting residents needing extended congregate care
				services.
(b) Only the portion of a
				facility that meets the physical requirements for extended congregate care in
				Chapter 4, Section 464 of the Florida Building Code as adopted in Rule
				61G20-1.001, F.A.C., and is
				staffed in accordance with subsection (3), is considered licensed to provide
				extended congregate care services to residents who meet the admission and
				continued residency requirements of this rule.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.022 - Limited Nursing Services

Current through Reg. 50, No. 138; July 16, 2024
Any facility intending to provide limited nursing services
				  must obtain a license from the agency.
(1) NURSING SERVICES. In addition to any
				nursing service permitted under a standard license pursuant to Section
				429.255, F.S., a facility with a
				limited nursing services license may provide nursing care to residents who do
				not require 24-hour nursing supervision and to residents who do require 24-hour
				nursing care and are enrolled in hospice.
(2) RESIDENT CARE STANDARDS.
(a) A resident receiving limited nursing
				services in a facility holding only a standard and limited nursing services
				license must meet the admission and continued residency criteria specified in
				Rule 59A-36.006, F.A.C.
(b) In accordance with Rule
				59A-36.010, F.A.C., the facility
				must employ sufficient and qualified staff to meet the needs of residents
				requiring limited nursing services based on the number of such residents and
				the type of nursing service to be provided.
(c) Limited nursing services may only be
				provided as authorized by a health care practitioner's order, a copy of which
				must be maintained in the resident's file.
(d) Facilities licensed to provide limited
				nursing services must employ or contract with a nurse(s) who must be available
				to provide such services as needed by residents. The facility's employed or
				contracted nurse must coordinate with third party nursing services providers to
				ensure resident care is provided in a safe and consistent manner. The facility
				must maintain documentation of the qualifications of nurses providing limited
				nursing services in the facility's personnel files.
(e) The facility must ensure that nursing
				services are conducted and supervised in accordance with Chapter 464, F.S., and
				the prevailing standard of practice in the nursing
				community.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.024 - Waivers

Current through Reg. 50, No. 138; July 16, 2024
The agency, in consultation with the department, may waive
				  rules promulgated pursuant to part I, chapter 429, F.S., if the waiver request
				  meets the conditions set forth in section
				  429.41(4),
				  F.S., and demonstrates and evaluates innovative or cost-effective congregate
				  care alternatives which will enable individuals to age in place.
(1) Application Process.
(a) Licensed assisted living facilities
				proposing a waiver under this statute must submit the request in writing. All
				requests must include the facility name and address, license number,
				administrator's name and contact information for the requestor, or its
				attorney. Petitions for waiver of rules other than for the objectives detailed
				in section 429.41(4),
				F.S., including emergency waivers, will not be considered under this section
				but should follow the petition for waiver provisions of section
				120.542, F.S., and rule chapter
				28-104, Variance or Waiver, F.A.C.
(b) The written request must address the
				elements required in section
				429.41(4), F.S.
				In addition, the following information must be included in order to demonstrate
				how a waiver of the stated rule will permit development of a concept that will
				achieve the purpose of the underlying statute:
1. The rule or rules for which the waiver is
				requested.
2. The licensee's
				anticipated date or dates for implementation of the concept.
3. If applying based on cost-effectiveness or
				cost-savings, a cost-benefit analysis of the proposed alternative to both
				residents or potential residents as well as facility operations.
4. An analysis of the impact the alternative
				will have on the relevant local community, including any barriers such as
				zoning or use issues, which may need resolution prior to
				implementation.
5. Specific
				performance measures with an annual projection of objectives and goals to be
				achieved broken into quarterly increments or an annual projection of outcome
				measures, if the concept will be implemented in less than 90 days.
6. If applying based on cost-effectiveness or
				cost-savings, an annual budget projection for the proposed alternative broken
				into quarterly increments.
(c) A waiver can be requested at the time of
				the initial license application, relicensure, or any time during the licensure
				period.
(d) Waiver requests must be
				submitted to the Agency for Health Care Administration, Assisted Living Unit,
				2727 Mahan Drive, Mail Stop 30, Tallahassee, Florida
				32308-5403.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.027 - ALF Core Training Provider Qualifications

Current through Reg. 50, No. 138; July 16, 2024
(1) PRIMARY REQUIREMENTS. In order to
				register as an assisted living facility core training provider (hereafter
				referred to as "core training provider, " "training provider, " or "provider"),
				all applicants must meet the requirements outlined in Section
				429.52(10),
				F.S. The requirements are as follows:
(a)
				Completion of the minimum core training requirements developed by the Agency
				pursuant to Section 429.52(9),
				F.S., and Rule 59A-36.028, F.A.C.;
(b) Successful passage of the competency
				test, which requires a minimum score of 75%; and,
(c) Compliance with the minimum of 12 contact
				hours of continuing education in topics related to assisted living every 2
				years pursuant to Section
				429.52(5),
				F.S., and paragraph 59A-36.011(1)(c),
				F.A.C.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.028 - ALF Minimum Core Training Curriculum Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) CURRICULUM REQUIREMENTS. An approved core
				training provider must conduct core training using the curriculum outlined in
				AHCA Form 3180-1038, September 2019, which is incorporated by reference in this
				rule. The curriculum is available from the Agency for Health Care
				Administration, Assisted Living Unit, 2727 Mahan Drive, Tallahassee, FL
				32308-5403 or the Agency's website at:
				http://acha.myflorida.com/MCHQ/Health_Facility_Regulation/Assisted_Living/alf.shtml.
(2) MONITORING. The Agency reserves the right
				to do the following:
(a) Require submission of
				the core training schedule from a core trainer;
(b) Attend and monitor core training
				courses;
(c) Review provider
				records and course materials pursuant to this rule; and,
(d) Conduct on-site or virtual monitoring,
				follow-up monitoring, and require implementation of a corrective action plan if
				the provider does not adhere to the approved curriculum.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.029 - ALF Core Training Provider Initial Registration Process

Current through Reg. 50, No. 138; July 16, 2024
(1) REGISTRATION PROCESS.
(a) Before core training can be conducted, an
				applicant must meet the training provider qualifications outlined in section
				429.52(10),
				F.S., and rule 59A-36.027, F.A.C. Additionally,
				an applicant must register with, and obtain from, the Agency a unique provider
				registration number as set forth in this subsection.
(b) An applicant must complete ACHA Form
				3180-1039, Application for Assisting Living Facility (ALF) Core Training
				Provider Registration, September, 2019. The form is hereby incorporated by
				reference and may be obtained from the Agency for Health Care Administration,
				Assisted Living Unit, 2727 Mahan Drive, Tallahassee, FL 32308-5403 or the
				Agency's website at:
http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Assisted_Living/alf.shtml
.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.030 - Process for Maintaining ALF Core Training Provider Registration

Current through Reg. 50, No. 138; July 16, 2024
(1) MAINTAINING ALF CORE TRAINING PROVIDER
				REGISTRATION.
(a) After receiving the initial
				core training provider registration, the approved provider must re-register
				with the Agency every 2 years by submitting documentation of his or her
				compliance with the continuing education requirement as specified in section
				429.52(5),
				F.S., and this rule.
(b) The
				provider must submit the documentation to the address referenced on AHCA Form
				3180-1038. It must be submitted no later than 30 calendar days after each
				two-year continuing education cycle. The 2-year cycle begins on the date of the
				initial training provider registration. Documentation must include the
				following:
1. Title of the training
				program;
2. Subject matter of the
				training program;
3. The training
				program agenda including topics discussed;
4. The core training provider's name and
				registration number;
5. Date(s) of
				participation;
6. Number of hours
				of the training program; and
7. The
				continuing education training provider's name, signature, credentials, and
				professional license number, if applicable.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.031 - Registered ALF Core Training Provider Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
The following are the responsibilities of a registered core
				  training provider:
(1) USE OF MINIMUM
				CORE TRAINING CURRICULUM. A registered core training provider is responsible
				for the following:
(a) Conducting core
				training using the minimum core training curriculum required by rule
				59A-36.028, F.A.C.;
				and
(b) Ensuring that all changes
				in ALF statutes and rules are immediately incorporated into the contents of his
				or her core training curriculum.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-37 - ADULT FAMILY CARE HOMES › Section 59A-37.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following terms or phrases are defined in section
				  429.65, F.S., and are applicable
				  to this rule chapter: activities of daily living (ADLs), adult family-care home
				  (AFCH), agency (AHCA), aging in place, appropriate placement, chemical
				  restraint, department, disabled adult, frail elder, personal services or
				  personal care, provider, relative, relief person, and resident. Additional
				  definitions applicable to this rule chapter are as follows:
(1) "Adult household member" means the
				provider and any person, 18 years of age or older, who is permanently or
				regularly present in the home for more than a few hours at a time. A person
				shall be considered a household member even though the person has another
				residence if the person is in a position of familial authority or perceived
				familial authority.
(2) "Advertise"
				means any written, printed, oral, visual, or electronic promotion, statement of
				availability, qualifications, services offered, or other similar communication
				appearing in or on television, radio, the Internet, billboards, newspapers,
				newsletters, magazines, business cards, flyers, brochures or other medium used
				for the purpose of attracting potential residents to an adult family-care home.
				A complimentary listing of the licensed AFCH's name, address, and telephone
				number in the telephone directory shall not be considered
				advertising.
(3) "Applicant" means
				an individual applying for an adult family-care home license.
(4) "Assistance with activities of daily
				living" means individual assistance with the following:
(a) Ambulating - Providing physical support
				to enable the resident to move about and maintain balance and providing
				necessary assistance with walking, stair climbing, or pushing a
				wheelchair.
(b) Bathing -
				Assembling towels, soaps, and other necessary supplies, helping the resident in
				and out of the bathtub or shower, turning water on and off, adjusting water
				temperatures, washing and drying portions of the resident's body which are
				difficult to reach, or being available while the resident is bathing.
(c) Dressing - helping the resident to
				choose, to put on, and to remove appropriate clothing.
(d) Eating - Helping with cutting food,
				pouring beverages, and hand feeding residents who are unable to feed
				themselves.
(e) Grooming - Helping
				the resident with shaving, oral care, care of the hair, and nail
				care.
(f) Toileting - Reminding the
				resident about using the toilet, assisting the resident to the bathroom,
				helping to undress, positioning on the commode, and helping with related
				personal hygiene, including changing adult briefs.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-37 - ADULT FAMILY CARE HOMES › Section 59A-37.002 - License Application, Renewal and Conditional Licenses

Current through Reg. 50, No. 138; July 16, 2024
(1) LICENSE APPLICATION.
(a) An applicant for an adult family care
				home license may apply for licensure pursuant to the requirements of Chapters
				408, Part II, and 429, Part II, F.S., Chapter 59A-35, F.A.C., and this rule
				chapter. In addition to those requirements, the application must be accompanied
				by the following:
1. Evidence of a Level 2
				background screening conducted pursuant to Chapter 435, F.S., for the
				applicant, each relief person, all adult household members, and all
				staff.
2. If located in an area
				zoned single-family or multi-family, a community residential home certification
				form signed by the Department of Children and Family Services' district
				community residential home coordinator. If not located in an area zoned
				single-family or multi-family, Local Zoning Form, AHCA Form 3180-1021, August
				2021, which is incorporated by reference, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14001
,
				or a letter from the local zoning authority, signed by the county zoning
				official, which states that the applicant is in compliance with local zoning
				ordinances. The form is available online at
				http://www.ahca.myflorida.com/HQAlicensureforms.
3. Documentation of a satisfactory sanitation
				inspection as required under Rule
				59A-37.009, F.A.C.
4. Documentation of a satisfactory fire
				safety inspection as required under Rule
				59A-37.010, F.A.C.
5. Income and Expense Statement, AHCA Form
				3180-1017, August 2021, which is incorporated by reference, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14000
.
				The form is available online at
				http://www/ahca.myflorida.com/HQAlicensureforms.
6. Written assurance affirming that the
				applicant is aware of and will complete the training requirements as described
				in Rule 59A-37.007, F.A.C.
7. Documentation that the provider resides in
				the adult family-care home pursuant to Section
				429.67(2),
				F.S., and subsection 59A-37.001(17),
				F.A.C.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-37 - ADULT FAMILY CARE HOMES › Section 59A-37.003 - License Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) LICENSE
				TIMEFRAME. Except for conditional licenses, all AFCH licenses shall be
				effective for 2 years from the date of issuance.
(2) LICENSE CONDITIONS. A license to operate
				an AFCH is not transferable and is valid only for the provider named, the
				capacity stated, and the premises described on the license. A change of
				ownership is prohibited.
(3)
				VOLUNTARY CLOSURE. The licensed provider shall give at least 60 days written
				notice of any intent to voluntarily close a currently licensed AFCH to the AHCA
				Assisted Living Unit, each residents or resident's representative, and case
				managers of OSS recipients.
(4)
				LICENSED CAPACITY.
(a) There shall be no more
				than 5 residents in any AFCH. The number of residents permitted in a particular
				adult family-care home will be determined by the agency based upon the fire
				safety standards provided under rule
				59A-37.010, F.A.C., and
				compliance with physical site standards established in rule
				59A-37.009, F.A.C. An increase
				in capacity may not be made without the prior approval of the agency.
(b) Adult relatives of the provider who
				require personal care and supervision and reside in the home for more than 30
				days shall be considered residents only for the purposes of determining
				capacity.
(c) Except homes licensed
				as adult foster homes or adult congregate living facilities prior to January 1,
				1994, each AFCH must designate at least one licensed space for a resident
				receiving optional state supplementation.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-37 - ADULT FAMILY CARE HOMES › Section 59A-37.004 - Admission Criteria and Procedures, Appropriateness of Placement, and Continued Residency Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) ADMISSION. In
				order to be admitted as a resident to an AFCH, an individual must:
(a) Be at least 18 years of age.
(b) Be free from apparent signs and symptoms
				of any communicable disease, including tuberculosis which is likely to be
				transmitted to others as documented in the Health Assessment Form described in
				subsection (2). A person who has HIV infection may be admitted provided the
				person would otherwise be eligible for admission according to this
				rule.
(c) Be capable of
				self-preservation in an emergency situation involving the immediate evacuation
				of the AFCH, with assistance with ambulation, if needed.
(d) Be able to perform, with supervision or
				assistance, activities of daily living.
(e) Not be a danger to self or others as
				determined by a health care provider or licensed mental health
				professional.
(f) Not require
				licensed professional mental health treatment on a 24-hour a day
				basis.
(g) Not have special dietary
				needs which cannot be met by the provider.
(h) Not be bedridden.
(i) Not have stage 3 or 4 pressure sores. An
				individual with a stage 2 pressure sore may be admitted only if the individual
				is under the care of a licensed nurse pursuant to a plan of care issued by a
				licensed health care provider. Such nursing service must be provided in
				accordance with Rule 59A-37.006, F.A.C.
(j) Not require the use of chemical or
				physical restraints.
(k) Not
				require 24-hour nursing supervision.
(l) Not have personal care and nursing needs
				which exceed the capability of the provider to meet or arrange for such needs.
				The provider is responsible for determining the appropriate placement of the
				individual in the AFCH.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-37 - ADULT FAMILY CARE HOMES › Section 59A-37.005 - Residency Agreement

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				section 429.81, F.S., before or at the
				time of admission to an AFCH, the provider and the resident or the resident's
				representative must sign a residency agreement, a copy of which must be given
				to the provider and kept on file for 5 years after the expiration of the
				agreement, and a copy of which must be provided to the resident or resident's
				representative.
(2) The residency
				agreement must include the following:
(a) A
				list specifically setting forth the services and accommodations to be provided
				by the adult family-care home.
(b)
				The daily, weekly or monthly rates and charges and a statement that the
				provider will provide at least 30 days' notice before implementing a rate
				increase.
(c) A bed hold policy for
				residents who request the provider to reserve a bed for the resident if the
				resident's health requires the resident to be admitted to a nursing home or
				hospital. The bed hold policy shall permit the provider to continue to charge
				the agreed upon daily rate until the provider receives notification in writing
				from the resident or the resident's representative that the resident will not
				be returning to the home. However, the provider may not continue to charge the
				agreed upon daily rate if the resident's physical or mental condition prevents
				the resident from giving notification and the resident does not have a
				representative to act on the resident's behalf.
(d) The AFCH's discharge policy.
(e) A refund policy to apply when a resident
				is discharged or dies. The refund policy shall state that:
1. The resident or resident's representative
				is entitled to a prorated refund for any unused portion of payment beyond the
				discharge or termination date. The refund will be less the cost of documented
				damages to the AFCH caused by the resident before the discharge or termination
				date that results from circumstances other than normal use. Claims against the
				refund must be in writing and must include a list of all documented damages and
				costs.
2. The refund must occur
				within 45 days of receipt of a written notice of discharge, or 15 days after
				the resident has moved or dies, whichever occurs later.
(f) A statement regarding the level of
				supervision to be provided.