Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-16 - ADULT DAY CARE › Section 59A-16.103 - Participant Care Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) The Center
				shall make a statement or summary statement of policies and procedures for
				Participant care available to Participants, to the responsible person, to the
				public, and to each member of the Center Staff. The statement or summary
				statement shall be displayed in a conspicuous place in the facility.
(2) The Center Staff shall be trained to
				implement these policies and procedures, as specified in the Orientation and
				Training Plan.
(3) Participant
				care, policies, and procedures shall ensure that, as a minimum, all
				Participants admitted to the Center:
(a) Are
				informed of provisions for service as evidenced by written acknowledgment from
				the Participant or responsible party prior to or at the time of admission,
				given a statement or summary statement of the Center's policies and procedures,
				given an explanation of the Participant's responsibility to comply with these
				policies and procedures and respect the personal rights and private property of
				other Participants;
(b) Are
				informed, and are given a written statement prior to or at the time of
				admission and during stay, of services available at the Center, and any related
				charges, including charges for services that are not provided free, not covered
				by third party payments, or not covered by the facility's basic per diem rate.
				This statement shall include the payment, fee, deposit, and refund policy of
				the Center;
(c) Are promptly
				informed of substantive changes in policies, procedures, services, and
				rates;
(d) Are informed during the
				admission process, in writing, of the Center's Comprehensive Emergency
				Management Plan;
(e) Are informed
				during the admission process of the local emergency management agency's
				registry of disabled persons who need assistance during evacuations or when in
				shelters because of physical or mental handicaps and the assistance provided by
				Center staff to register such persons with the local emergency management
				agency;
(f) Are allowed to retain
				the services of their personal physician at their own expense or under a health
				care plan; are informed of the services provided by the Center, and are offered
				the opportunity to participate in the planning of their care;
(g) Are free from abuse, neglect, and
				exploitation as defined in section
				415.102, F.S., and free from
				chemical and physical restraints. Drugs and other medications shall not be used
				for punishment, convenience of Staff, or in quantities that interfere with a
				Participant's rehabilitation or Activities of Daily Living;
(h) Are given privacy in the treatment of
				their personal and medical records;
(i) Are treated with consideration, respect,
				and full recognition of their dignity, individuality, and right to
				privacy;
(j) Are not required to
				perform services for the Center;
(k) Are permitted to associate and
				communicate privately with persons of their choice, join with other
				Participants or individuals within or outside the Center to work for
				improvements in Participant care, and, upon his or her request, shall be given
				assistance in the reading and writing of correspondence;
(l) Are permitted to participate in social,
				religious, community, or group activities of their choice while at the
				Center;
(m) Are permitted to
				exercise civil and religious liberties, including the right to independent
				personal decisions. No religious beliefs or practices, or any attendance at
				religious services, shall be imposed upon any Participant. The Center shall
				encourage and assist in the exercise of these rights;
(n) Are not the object of discrimination with
				respect to participation in activities which include recreation, meals,
				leisure, other social activities because of age, race, religion, sex, or
				nationality as defined in Title VI of the Civil Rights Act of 1964, or the
				Americans with Disabilities Act of 1990;
(o) Are not deprived of any constitutional,
				civil, or legal right solely by reason of admission to the Center;
(p) For protection of the Participants, are
				allowed to discharge themselves from the Center upon presentation of a request,
				preferably in writing; or, if the Participant is an adjudicated mental
				incompetent, upon the written consent of his next of kin, sponsor, guardian, or
				responsible person. However, if assessed by social workers, center Staff, or
				responsible persons at the time of intake as confused, the Participant shall
				not be allowed to discharge himself until after the Center notifies the
				Participant's guardian, spouse, or person having durable power of
				attorney;
(q) Are informed of the
				right to report abusive, neglectful, exploitative or fraudulent
				practices.