Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-36 - ASSISTED LIVING FACILITY › Section 59A-36.018 - Resident Contracts

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				section 429.24, F.S., the facility must
				offer a contract for execution by the resident or the resident's legal
				representative before or at the time of admission. The contract must contain
				the following provisions:
(a) A list of the
				specific services, supplies and accommodations to be provided by the facility
				to the resident, including limited nursing and extended congregate care
				services that the resident elects to receive;
(b) The daily, weekly, or monthly
				rate;
(c) A list of any additional
				services and charges to be provided that are not included in the daily, weekly,
				or monthly rates, or a reference to a separate fee schedule that must be
				attached to the contract;
(d) A
				provision stating that at least 30 days written notice will be given before any
				rate increase;
(e) Any rights,
				duties, or obligations of residents, other than those specified in section
				429.28, F.S.;
(f) The purpose of any advance payments or
				deposit payments, and the refund policy for such advance or deposit
				payments;
(g) A refund policy that
				must conform to section
				429.24(3),
				F.S.;
(h) A written bed hold policy
				and provisions for terminating a bed hold agreement if a facility agrees in
				writing to reserve a bed for a resident who is admitted to a nursing home,
				health care facility, or psychiatric facility. The resident or responsible
				party must notify the facility in writing of any change in status that would
				prevent the resident from returning to the facility. Until such written notice
				is received, the agreed upon daily, weekly, or monthly rate may be charged by
				the facility unless the resident's medical condition prevents the resident from
				giving written notification, such as when a resident is comatose, and the
				resident does not have a responsible party to act on the resident's
				behalf;
(i) A provision stating
				whether the facility is affiliated with any religious organization and, if so,
				which organization and its relationship to the facility;
(j) A provision that, upon determination by
				the administrator or health care provider that the resident needs services
				beyond those that the facility is licensed to provide, the resident or the
				resident's representative, or agency acting on the resident's behalf, must be
				notified in writing that the resident must make arrangements for transfer to a
				care setting that is able to provide services needed by the resident. In the
				event the resident has no one to represent him or her, the facility must refer
				the resident to the social service agency for placement. If there is
				disagreement regarding the appropriateness of placement, provisions outlined in
				section 429.26(8),
				F.S., will take effect;
(k) A
				provision that residents must be assessed upon admission pursuant to subsection
				59A-36.006(2),
				F.A.C., and every 3 years thereafter, or after a significant change, pursuant
				to subsection (4), of that rule;
(l) The facility's policies and procedures
				for self-administration, assistance with self-administration, and
				administration of medications, if applicable, pursuant to rule
				59A-36.008, F.A.C. This also
				includes provisions regarding over-the-counter (OTC) products pursuant to
				subsection (8) of that rule; and,
(m) The facility's policies and procedures
				related to a properly executed DH Form 1896, Do Not Resuscitate
				Order.