reglab/statecodes huggingface dataset:
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-25 - MINIMUM STANDARDS FOR HOME MEDICAL EQUIPMENT PROVIDERS › Section 59A-25.002 - Licensure Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Home medical
				equipment locations requiring a license are any locations that sell, rent, or
				distribute, or offer to sell or rent to or for a consumer any home medical
				equipment that requires services. These locations can be identified as follows:
(a) Any location providing or distributing
				home medical equipment requiring services to consumers in Florida;
(b) Any location where an intake person takes
				calls from consumers in Florida and offers to sell or rent home medical
				equipment requiring services;
(c)
				Any location where a consumer in Florida may call in response to a provider
				advertising to sell or rent home medical equipment requiring services, e.g.,
				television advertisements, toll-free telephone numbers, phone books,
				newspapers, flyers or any other forms of public advertisement;
(d) Any location out of state that offers to
				sell or rent home medical equipment requiring services to consumers in
				Florida;
(e) Any location in state
				or out of state, with sales representatives working in Florida, that offers to
				sell or rent home medical equipment requiring services to consumers in Florida,
				i.e., the sales representatives themselves do not need to be licensed;
				and,
(f) Any buildings, that are
				not located at the licensed central service center address, called shops,
				warehouses, distribution centers, or called by any other name, are required to
				have a license if that site location provides selection (via telephone,
				showroom or sales representative), delivery, set up, consumer instruction or
				maintenance of equipment to consumers in Florida.
1. A central service center must provide the
				names and locations of all of its designated distribution centers on the
				licensure application.
2. A
				distribution center must submit a separate licensure application and must
				specify the name of its central service center on the application.
3. Each licensed distribution center is
				required to meet all standards for licensure but may be determined to meet the
				standards through the activities of its designated central service center as
				referenced in paragraph
				59A-25.005(1)(b),
				F.A.C.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-25 - MINIMUM STANDARDS FOR HOME MEDICAL EQUIPMENT PROVIDERS › Section 59A-25.003 - Scope of Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Minimum
				standards: Each home medical equipment provider must:
(a) Have a visible sign with the name of the
				business, business hours, and a phone number where the business can be
				contacted during business hours.
(b) Maintain personnel records that must
				include the following: employment history for the past 5 years, proof of
				background screening including a signed copy of the good moral character form
				and a license of any professional that may work from that location. A
				distribution center will not be required to maintain personnel records but its
				central service center shall be responsible for maintaining personnel
				records.
(c) Provide management and
				consumer instruction regarding the use of home medical equipment requiring
				services, as referenced in Section
				400.925(11),
				F.S. Delivery services include transportation of equipment and supplies to and
				from consumer homes, equipment setup, and record keeping.
(d) Coordinate services with another provider
				in the event the HME cannot ensure the provision of equipment and services as
				required in Section 400.935(7),
				F.S.
(e) Be ultimately responsible
				for the management of all equipment and services even if a contractor is
				involved.
(f) Honor all express
				warranties regarding assistive technology devices. The duration of the express
				warranty must be at least one year after first delivery of the assistive
				technology device to the consumer as required in Section
				427.803, F.S.
(g) Honor all warranties as required in
				Section 400.934(9),
				F.S., and warranty used equipment at least 30 days.
(h) Provide the consumer with user
				instructions as required in Section
				400.934(13),
				F.S.
(i) Be able to demonstrate the
				safety and infection control measures that follow:
1. Procedures that identify safety
				precautions to be followed in the handling and use of each type of equipment
				and its related supplies;
2.
				Equipment is routinely inspected for safety and stability prior to
				delivery;
3. The electrical
				adequacy and safety of a home is assessed prior to placing any electrical or
				electronic equipment, and instructions are provided to consumers regarding
				applicable precautions and safety measures;
4. Compliance with bedding and mattress reuse
				regulations;
5. Specific cleaning
				or sanitizing requirements between usage for each type of equipment according
				to the manufacturers' guidelines;
6. Storage of unclean equipment separate from
				clean equipment;
7. Transportation
				of unclean equipment separate from clean equipment;
8. Storage of equipment to prevent dust
				accumulation, water damage, and vermin contact; and,
9. Equipment is safely maintained and
				installed based upon the manufacturers'
				instructions.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-25 - MINIMUM STANDARDS FOR HOME MEDICAL EQUIPMENT PROVIDERS › Section 59A-25.004 - Minimum Qualifications for Personnel

Current through Reg. 50, No. 138; July 16, 2024
The provider must be in compliance with and make available to
				  AHCA surveyors the information referenced in this section.
(1) General Manager, as defined in Section
				400.925(7),
				F.S.:
(a) Qualifications: A minimum of two
				years experience in business management or a college degree in business or a
				health care related field can substitute for the required experience year for
				year.
(b) Duties: The general
				manager is responsible for the following areas either directly or by clear
				delegation in writing:
1. Assuring the
				maintenance of consumer records including equipment repair and maintenance
				records as referenced in Section
				400.94, F.S.;
2. Maintain job descriptions of
				staff;
3. Assuring trained and
				qualified staff essential to the services provided as referenced in Sections
				400.934(4), (5),
				(15), F.S.;
4. Keeping program personnel up to date with
				health care information and practices;
5. Directing staff in performance of their
				duties;
6. Assuring that staff can
				accommodate consumer's language;
7.
				Assuring an adequate inventory of equipment and supplies to provide consumers
				currently being served;
8. Assuring
				that policies are developed and implemented as required in state law and
				rule;
9. Maintaining and updating
				procedure manuals related to business functions;
10. Maintain customer service complaint
				records containing the specifics related to the complaint and how the complaint
				was resolved as referenced in Sections
				400.934(8) and
				(10), F.S.;
11. Evaluating services, and
				personnel;
12. Establishing and
				maintaining effective channels of communication;
13. Maintaining training manuals and records
				verifying all training that personnel has received or is scheduled to receive
				thus assuring staff development including orientation, in-service education,
				and continuing education; and,
14.
				Assuring adequate staff supervision during all service
				hours.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-25 - MINIMUM STANDARDS FOR HOME MEDICAL EQUIPMENT PROVIDERS › Section 59A-25.005 - Compliance

Current through Reg. 50, No. 138; July 16, 2024
(1) The survey or inspection:
(a) Except as described in paragraphs (b) and
				(c), each separately licensed home medical equipment provider location must be
				in compliance with and shall be surveyed in accordance with Chapters 400 Part
				VII, and 408, Part II, F.S., Chapter 59A-35, F.A.C. and these rules.
(b) If a provider is operating with a central
				service center that has one or more distribution centers, the central service
				center shall be the premises where the survey will be initiated. A surveyor
				will inspect at least one of the distribution centers associated with the
				central service center. The distribution center will be held accountable for
				equipment and services provided but will not be responsible for maintaining
				patient or personnel records.
(c)
				All providers must have available, at the time of survey, at least one category
				of equipment that is provided directly, filling orders from its own inventory
				as referenced in Section
				400.934(2),
				F.S. Failure to have, at the time of survey, at least one category of equipment
				that is provided directly will result in the provider's application being
				denied or the provider's license being revoked. A licensed central service
				center may be determined to meet this standard through the inventory available
				at its designated distribution center.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Administrator - The person who is
				responsible for the overall management of an Intermediate Care Facilities for
				the Developmentally Disabled (hereinafter referred to as ICF/DD) licensed under
				this part and certified under 42 CFR 483 Subpart I. The Administrator must meet
				the following criteria:
(a) Be a Qualified
				Intellectual Disability Professional (QIDP); or
(b) Be a licensed nursing home administrator;
				or
(c) Have a bachelor's degree in
				a human services field and at least one year of experience working with persons
				with developmental disabilities or related conditions; or
(d) Have five years of experience working
				with persons with developmental disabilities or related conditions is
				sufficient. This requirement is for administrators who become effective after
				the date of this rule.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.002 - Licensure Procedure, Fees and Exemptions

Current through Reg. 50, No. 138; July 16, 2024
(1) Application for licensure to operate an
				Intermediate Care Facility for the Developmentally Disabled (ICF/DD) must be
				submitted on the Health Care Licensing Application, Intermediate Care
				Facilities for the Developmentally Disabled, AHCA Form 3110-5003, April 2021
				which is incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13996
and must be accompanied by the Health Care Licensing Application Addendum
				referenced in subsection
				59A-35.060(1),
				F.A.C. Applicants for renewal of an ICF/DD license or for a change during the
				licensure period can submit the Health Care Licensing Online Application,
				Intermediate Care Facilities for the Developmentally Disabled. AHCA Form
				3110-5003OL, April 2021, incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13997
.
				These forms are available at: http://ahca.myflorida.com/HQAlicensureforms or,
				for online submissions at
http://apps.ahca.myflorida.com/SingleSignOn
Portal.
(a) Successful completion of a
				licensure survey by the Agency to determine compliance with the requirements of
				Chapter 400, Part VIII, Chapter 408, Part II, F.S., Chapter 59A-35, F.A.C., and
				this rule chapter must occur prior to issuing a license.
(b) A license will not be issued until the
				application fee has been received by the Agency and all monies owed to the
				Agency have been paid as specified in Section
				408.831(1),
				F.S.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.003 - Classification of Deficiencies

Current through Reg. 50, No. 138; July 16, 2024
(1) Violations of
				Chapter 400, Part VIII, and Chapter 408, Part II, F.S., shall be classified
				according to the nature of the violation and the gravity of its probable effect
				on clients as required in Section
				408.813(2),
				F.S. Violations shall be classified on the written notice as follows:
(a) A class I deficiency is subject to a
				civil penalty of $5, 000 for an isolated deficiency, $7500 for a patterned
				deficiency and $10, 000 for a widespread deficiency. A fine may be levied
				notwithstanding the correction of the deficiency.
(b) A class II deficiency is subject to a
				civil penalty of $1, 000 for an isolated deficiency, $3000 for a patterned
				deficiency and $5, 000 for a widespread deficiency. A citation for a class II
				deficiency shall specify the time within which the deficiency must be
				corrected.
(c) A class III
				deficiency is subject to a civil penalty of $500 for an isolated deficiency,
				$750 for a patterned deficiency and $1, 000 for a widespread deficiency. A
				citation for a class III deficiency shall specify the time within which the
				deficiency must be corrected. If a class III deficiency is corrected within the
				time specified, no civil penalty shall be imposed, unless it is a repeated
				offense.
(d) A class IV deficiency
				is subject to a civil penalty of $100 for an isolated deficiency, $300 for a
				patterned deficiency and $500 for a widespread deficiency. If a class IV
				violation is corrected within the time specified, a fine may not be
				imposed.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.004 - Responsibilities for Operation

Current through Reg. 50, No. 138; July 16, 2024
The licensee must ensure compliance with state regulations in
				  Chapter 400, Part VIII, Chapter 408, Part II, Chapter 409, F.S., and Chapter
				  59G-4, F.A.C.
Rulemaking Authority 400.967 FS. Law Implemented 400.967
					 FS.
New 12-21-15.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.005 - Fiscal Standards

Current through Reg. 50, No. 138; July 16, 2024
The licensee must maintain fiscal records as required by
				  Chapter 409, Part III, F.S, Rules
				  59G-5.020 and 59G-6.040, F.A.C.
				  There must be a system of accounting used to accurately reflect details of the
				  ICF/DD operation, including clients' funds held in trust and other client
				  property. The fiscal and client fund records must be supported by documentation
				  of all transactions. Documentation of quarterly reconciliation for client fund
				  records must be kept on file for five years and must be provided to the Agency
				  for review when requested. The licensee must:
(1) Refund any amount or portion of
				prepayment in excess of the amount or portion obligated for services already
				furnished if a client leaves the facility prior to the end of any prepayment
				period.
(2) Maintain financial and
				statistical records in accordance with
				Title 42 CFR, Sections
				483.420(b)(1)-(2), effective
				October 1, 2014, as incorporated by reference and located at
http://www.gpo.gov/fdsys/pkg/CFR-2014-title42-vol5/xml/CFR-2014-title42-vol5-sec483-420.xml
and
http://www.flrules.org/Gateway/reference.asp?No=Ref-06401
.
(3) Comply with requirements of Rules
				59G-6.040 and 59G-6.045,
				F.A.C.
(4) Keep complete and
				accurate records of all clients' funds, other effects, and property.
(5) Deposit and maintain in an interest
				bearing account with a financial institution on behalf of each client, all
				money and interest on money held for that client. A copy of the client's bank
				account statements and expenditure detail must be provided to the client or
				client's representative within seven calendar days of written
				request.
(5) Protect clients' funds
				from theft, negligence or abuse. Should loss of a client's funds occur, the
				licensee will be responsible for reimbursing the client for the full amount of
				funds to which he or she is entitled within 30 calendar days of confirmation of
				the theft, negligence or abuse of client funds.
(7) Make a final accounting of all personal
				effects and money belonging to the client held by the licensee upon the
				discharge or death of a client within 30 calendar days after the client's
				discharge or death.
Rulemaking Authority 400.967 FS. Law Implemented
					 400.967(2)(e) FS.
New 12-21-15.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.007 - Personnel Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Each new staff
				member employed by the facility to provide direct services to clients must have
				a medical examination at the time of employment and prior to contact with
				clients. Annually thereafter, staff must submit a physician's statement that,
				based on test results, the employee does not constitute a threat of
				communicating diseases to clients. If any staff is found to have or is
				suspected of having a communicable disease, then he or she must be removed from
				all duties that require contact with clients until certification is received
				from a physician that such risk no longer exists.
(2) Background screening shall be performed
				as required by Chapters 400, Part VIII, and 435, Section
				408.809, F.S., and Rule
				59A-35.090, F.A.C.
(3) Regardless of the organization or design
				of client living units, the minimum overall direct care staff-client ratios
				must comply with those specified in
				42 CFR
				483.430(d)(3), dated October
				1, 2014, as incorporated by reference and available at
http://www.gpo.gov/fdsys/pkg/CFR-2014-title42-vol5/xml/CFR-2014-title42-vol5-sec483-430.xml
and
http://www.flrules.org/Gateway/reference.asp?No=Ref-06402
.
(4) The licensee must have an administrator,
				licensed nurses to care for each client's health care needs, and QIDPs to
				ensure each client's active treatment program is integrated, coordinated and
				monitored.
(5) All staff must
				receive training within 30 days of employment and annually thereafter on the
				licensee's emergency disaster procedures that include the staff's role before,
				during, and after the emergency.
(6) The licensee must ensure that 50% of its
				staff on duty at all times are certified in cardio-pulmonary resuscitation
				(CPR) and have received basic first aid training.
(7) All staff must receive training and
				demonstrate competency in the prevention and minimal use of restraint and
				seclusion within 30 days of employment. Competency in these methods must be
				demonstrated and documented annually thereafter. Training must include:
(a) The emotional and physical effects of
				restraint and seclusion on clients and staff;
(b) History of trauma, impact on clients and
				the potential for retraumatization;
(c) Crisis prevention and intervention
				approaches including de-escalation strategies;
(d) Applicable legal and clinical
				requirements governing behavioral services, restraints and seclusion;
(e) Safe and appropriate initiation of
				physical contact and application and monitoring of restraints and seclusion;
				and,
(f) Approaches to facilitate
				the earliest possible release from restraints or
				seclusion.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.008 - Training, Habilitation, Active Treatment Professional, and Special Programs and Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Programs,
				services, functions and the pattern of staff organization within the facility
				must be focused upon serving the individual needs of each client and the
				facility must provide for:
(a) Comprehensive
				diagnosis and evaluation of each client as a basis for planning, programming
				and management of the client so that the client's abilities, preferences,
				needs, behavior assessment, behavior intervention plan and level of functioning
				are comprehensive in scope and adequately addressed in the habilitation plan or
				support plan.
1. The QIDP is responsible for
				the integration, coordination, monitoring and review of each client's active
				treatment program, which may require the involvement of other personnel,
				including other agencies serving the client.
2. For school age clients, when services are
				provided by the local school district, the licensee must include the school
				system, the client, and client's representative in the habilitation planning
				process. The licensee's individual program plan shall be in addition to any
				individual education plan prepared by the school district.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.009 - Dietary Services

Current through Reg. 50, No. 138; July 16, 2024
(1) A registered
				dietician must oversee dietary services and must provide medical nutritional
				therapy.
(2) Menus must be prepared
				in advance, followed, and made accessible to clients and staff.
(3) Menus must be approved by the registered
				dietitian.
(4) Each client must
				receive food prepared by methods that conserve nutritive value, flavor and
				appearance.
(5) Each client must
				receive food that is palatable, attractive and at the proper
				temperature.
(6) Substitutes
				offered must be of similar nutritive value.
(7) As required by the Department of Health,
				all matters pertaining to food service must comply as required by the following
				regulations based on the number of beds to be licensed:
(a) For facilities with 25 or more beds the
				provisions of Rule Chapter 64E-11, F.A.C., Food Hygiene.
(b) For facilities with 24 beds or fewer the
				provisions of Rule Chapter 64E-12, F.A.C., Community Based Residential
				Facilities.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.010 - Dental Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Comprehensive
				dental diagnostic services must be provided to all clients and must include:
(a) Periodic, at least annual, oral
				prophylaxis, by a dentist or dental hygienist; and,
(b) At least annually, a complete extra and
				intra-oral examination utilizing diagnostic aides necessary to properly
				evaluate each client's oral condition.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.011 - Psychological Services

Current through Reg. 50, No. 138; July 16, 2024
Psychologists providing services to the clients of the
				  facility must be licensed pursuant to Sections
				  490.005 and
				  490.006, F.S., and have a
				  minimum of one year of experience or training in the field of intellectual or
				  developmental disabilities.
Rulemaking Authority 400.967(2) FS. Law Implemented
					 400.967(2)(f) FS.
New 12-21-15.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.013 - Administration of Medications to ICF/DD Residents by Unlicensed Medication Assistants

Current through Reg. 50, No. 138; July 16, 2024
(1) It is the
				responsibility of the licensee to ensure that individual unlicensed medication
				assistants (UMA or UMAs) who will be administering medication to clients meet
				all requirements of this rule.
(2)
				Unlicensed medication assistants may administer only prescribed, prepackaged,
				premeasured oral, topical nasal, and ophthalmic medications.
(3) UMAs may administer over the counter
				(OTC) medications as currently prescribed by the client's health care
				professional.
(4) UMAs may not:
(a) Administer medications by injection
				including intra-muscular, intravenous or subcutaneous;
(b) Administer medication vaginally or
				rectally; or
(c) Conduct glucose
				monitoring.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.014 - Training and Validation Required for Unlicensed Medication Assistants

Current through Reg. 50, No. 138; July 16, 2024
(1) Required medication administration
				training must include criteria to ensure that competency is demonstrated
				through validation and revalidation of the qualification of the UMA and all
				requirements of UMAs specified in this rule chapter.
(2) Medication administration training must
				be conducted by a registered nurse, APRN or physician for UMAs and will be
				provided by the ICF/DD licensee. Any person providing medication administration
				training sessions or conducting skills validation or revalidation tests must
				first complete a trainer orientation session, which includes requirements of
				this rule and information to be covered during medication administration
				training sessions. Documentation of the trainer's completed orientation must be
				provided to each UMA that he or she trains or validates.
(3) Medication administration training must
				include the following topics:
(a) Basic
				knowledge and skills necessary for medication administration charting on the
				Medication Administration Record (MAR);
(b) Roles of the physician, nurse, pharmacist
				and direct care staff in medication supervision;
(c) Procedures for recording/charting
				medications;
(d) Interpretation of
				common abbreviations used in the administration and charting of
				medications;
(e) Knowledge of
				facility medication systems;
(f)
				Safety precautions used in medication administration;
(g) Methods and techniques of medication
				administration;
(h) Problems and
				interventions in the administration of medications;
(i) Observation and reporting of anticipated
				side effects, adverse effects and desired positive outcome; and,
(j) Each duty of UMAs as required in this
				rule chapter.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.015 - Plant Maintenance and Housekeeping

Current through Reg. 50, No. 138; July 16, 2024
(1) The facility must maintain the interior
				and exterior of buildings accessible to clients and all equipment, furniture,
				and furnishings in a clean manner and in such condition such that client safety
				and well-being are not jeopardized.
(2) Each licensee must establish written
				policies designed to maintain the physical plant and overall ICF/DD environment
				in such a manner that the safety and well-being of clients are ensured. The
				building and mechanical maintenance program must be under the supervision of a
				qualified person, as determined by the facility. All mechanical and electrical
				equipment must be maintained in working order, and must be accessible for
				cleaning and inspecting. All mechanical systems must be tested, balanced and
				operated prior to being placed into service and maintained in good working
				order. The facility must have a written plan for maintenance, including record
				keeping, sufficient staffing, equipment, and supplies. The licensee must:
(a) Maintain the building in good repair,
				safe and free of the following: cracks in the floors, walls, or ceilings;
				peeling wallpaper or paint; warped or loose boards; warped, broken, loose, or
				cracked floor covering, such as tile, linoleum or vinyl; loose handrails or
				railings; loose or broken window panes and screens; and other similar
				hazards;
(b) Maintain all
				electrical, lighting (interior and exterior), signal, mechanical, potable water
				supply, hot water heaters, heating, air conditioning, fire protection and
				sewage disposal systems in safe, clean and functioning condition;
(c) Maintain all electrical cords and
				appliances in a safe and functioning condition;
(d) Maintain the interior and exterior
				finishes of the buildings as needed to keep them clean and safe, to include
				painting, washing, and routine maintenance;
(e) Maintain all furniture and furnishings in
				a clean and safe condition;
(f)
				Maintain the grounds free from refuse, litter, insect, vermin, and vermin
				breeding areas; and,
(g) Maintain
				screens on windows and doors in good repair, free of breaks in
				construction.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.017 - Plans Submission and Fee Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) No construction work, including
				demolition, shall be started until prior written approval has been provided by
				the Agency's Office of Plans and Construction. This includes all construction
				of new facilities and all additions, modifications, alterations, renovations,
				and refurbishing to the site, facility, equipment or systems of all existing
				facilities.
(2) Approval to start
				construction only for demolition, site work, foundation, and building
				structural frame may be obtained prior to construction document approval when
				the following is submitted for review and has been approved by the Agency's
				Office of Plans and Construction:
(a)
				Preliminary Stage II approval letter from the Agency's Office of Plans and
				Construction;
(b) Construction
				documents and specifications for all work to be undertaken;
(c) A letter from the licensee holding the
				Agency harmless for any changes that may occur to the project as a result of
				the final construction document review; and,
(d) A life safety plan indicating temporary
				egress and detailed phasing plans indicating how the area(s) to be demolished
				or constructed is to be separated from all occupied areas must be submitted for
				review and approval when demolition or construction in and around occupied
				buildings is planned.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.018 - Physical Plant Codes and Standards for ICF/DD

Current through Reg. 50, No. 138; July 16, 2024
(1) All construction of new facilities or
				conversions and all additions, modifications, alterations, renovations, and
				refurbishing to the site, facility, equipment or systems of a facility must be
				in compliance with all applicable codes and standards. In addition to the
				standards in this rule, the following codes apply to design and construction of
				ICF/DD facilities:
(a) The Florida Building
				Code as adopted pursuant to Rule
				61G20-1.001, F.A.C., by the
				Florida Building Code Commission at the Department of Business and Professional
				Regulation.
(b) The fire codes
				adopted by the State Fire Marshal pursuant to Rule Chapter 69A-38, F.A.C., by
				the Division of State Fire Marshal at the Department of Financial
				Services.
(c) For the purpose of
				determining life safety occupancy classification, facilities providing services
				to clients that receive chronic, skilled/acute nursing or medical care or
				designated as a Level of Care 9 will be classified as a health care
				occupancy.
(d) For the purpose of
				determining life safety occupancy classification, facilities providing personal
				care services will be classified as a residential board and care
				occupancy.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.019 - Construction and Physical Environment Standards for Facilities Providing Services to Clients that Receive Chronic, Skilled/Acute Nursing or Medical Care or Designated as a Level of Care 9

Current through Reg. 50, No. 138; July 16, 2024
All new facilities and all additions, renovations and
				  alterations of existing facilities must be in compliance with the following
				  physical plant standards:
(1) Site
				requirements.
(a) Utilities must be
				commensurate with the facility's regular operational needs and emergencies. The
				site must be remote from uncontrolled or uncontrollable sources of insect and
				rodent harborage and air and water pollution.
(b) A site may include structures other than
				the ICF/DD facility such as storage sheds and greenhouses. Ancillary spaces may
				be available within the living units or in a separate on-site structure to
				provide services that cannot be purchased in the community or when clients are
				physically unable to attend community or therapy services.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.020 - Disaster Preparedness

Current through Reg. 50, No. 138; July 16, 2024
(1) Each licensee
				must have a written plan with procedures to be followed in the event of an
				internally or externally caused disaster or emergency event. The initiation,
				development, and maintenance of this plan must be the responsibility of the
				facility administrator, and must be reviewed and approved by the County
				Emergency Management Agency. The plan must be reviewed and approved annually
				and include the following:
(a) Basic
				information concerning the facility to include:
1. Name of the facility, address, telephone
				number, 24-hour contact number if different from the facility number, emergency
				contact telephone number, and fax number;
2. Name, address, and telephone number of the
				licensee;
3. The year facility was
				built, including type of construction;
4. Name, address, work, home and other
				available telephone numbers of the facility's administrator;
5. Name, address, work, home and other
				available telephone numbers of persons implementing the provisions of this
				plan, if different from the administrator;
6. An organizational chart showing all
				positions with key emergency positions identified by title. The name and
				telephone numbers at home, work and any other available telephone number shall
				be included for these persons;
7.
				An organizational chart, if different from the previous chart required,
				identifying the hierarchy of authority in place during emergencies, and all
				positions on a day to day basis;
8.
				A description of the potential hazards that the facility is vulnerable to such
				as hurricanes, tornadoes, flooding, fires, hazardous materials incidents or
				transportation accidents, proximity to a nuclear power plant, power outages
				during severe cold or hot weather, including procedures for each of these
				hazards; and,
9. A copy of the Fire
				Safety Plan as stated in the Life Safety Code.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-27 - HEALTH CARE SERVICES POOLS › Section 59A-27.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule chapter, the term:
(1) "Temporary employment" means employment
				whereby a pool hires its own employees or independent contractors and assigns
				them to health care facilities to support or supplement the facilities' work
				force in special work situations such as employee absences, temporary skill
				shortages, seasonal workloads, and special assignments and projects.
(2) "Claims made coverage" refers to coverage
				of damage or injury for which the claim is first made during a policy
				period.
(3) "Nose coverage" refers
				to a provision attached to a claims made policy, extending the time prior to
				the policy inception date during which the damage or injury may have occurred
				and still be covered.
(4) "Tail
				coverage" refers to a provision attached to a claims made policy which extends
				the time during which a claim can be made and still be covered for a period of
				time after the expiration date of the policy.
(5) "Referral" shall mean the act of sending
				or directing a health care worker to a health care facility to work at the
				request of the facility.
(6)
				"Business location" refers to a physical location where a Pool conducts its day
				to day operations and maintains its records.
(7) "AHCA" refers to the Agency for Health
				Care Administration.
Rulemaking Authority 400.980 FS. Law Implemented 400.980
					 FS.
New 10-17-94, Formerly 61E6-1.002, 64B22-1.001, Amended
					 6-27-02.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-27 - HEALTH CARE SERVICES POOLS › Section 59A-27.002 - Registration and Change in Registration Information

Current through Reg. 50, No. 138; July 16, 2024
(1) All health care services pools must
				register with AHCA using the Health Care Licensing Application, Health Care
				Services Pool, AHCA form 3110-1010, July 2014,
https://www.flrules.org/gateway/reference.asp?No=Ref-04487
,
				incorporated herein by reference, before providing health care personnel as
				temporary employees to any health care facility. The applicant must also submit
				the Health Care Licensing Application Addendum required in subsection
				59A-35.060(1),
				F.A.C. The application form and addendum can be obtained at
				http://www/ahca.myflorida.com/HQAlicensureforms. The application form and
				addendum must be submitted with the registration fee of $616. Applications are
				reviewed in accordance with the process set forth in Section
				408.806, F.S.
(a) When a change of ownership, as defined in
				Section 408.803(5),
				F.S., is planned, the buyer or transferee must submit an application for a new
				registration according to the time frame in Section
				408.806(2)(b),
				F.S. The application form, addendum and fee required in subsection (1) must be
				submitted with the registration fee of $616 and a certificate of registration
				must be issued before the pool provides health care personnel as temporary
				employees to any health care facility.
(b) Screening for the managing employee and
				the financial officer shall be in accordance with level 2 standards for
				screening set forth in Section
				408.809, F.S. and Rule
				59A-35.090,
				F.A.C.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-27 - HEALTH CARE SERVICES POOLS › Section 59A-27.003 - Inspections (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 400.980 FS. Law Implemented 400.980
					 FS.
New 8-2-90, Amended 8-12-91, Formerly 7G-1.011, 61E6-1.011,
					 64B22-1.003, Amended 6-27-02, Repealed
					 5-14-12.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-27 - HEALTH CARE SERVICES POOLS › Section 59A-27.004 - Penalties and Enforcement Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person or entity operating a health
				care services pool without a registration, with an expired registration, or
				with a revoked registration, shall immediately cease operations until a proper
				registration can be acquired. Failure to cease operations after agency
				notification may result in a fine as stated in Section
				408.812, F.S.
(2)
(a) If
				the Health Care Services Pool fails to screen all employees or contractors, or
				employs persons who are disqualified from employment based on a criminal record
				check, a fine, as permitted in Section
				408.813(3),
				F.S. shall be assessed for each employee or contractor.
(b) If AHCA determines the fine to be
				insufficient to the violation, it may deny, suspend or revoke the registration
				as permitted in Section
				408.815,
				F.S.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-27 - HEALTH CARE SERVICES POOLS › Section 59A-27.005 - Pool Administration

Current through Reg. 50, No. 138; July 16, 2024
Health care services pools shall meet the following minimum
				  standards of operation:
(1) Each pool,
				at the time of initial registration and at each registration renewal, shall
				identify a managing employee who will be responsible for the day-to-day
				supervision and administration of the pool and shall designate this individual,
				on the biennial registration application form required in subsection
				59A-27.002(1),
				F.A.C., as the pool's representative for purposes of any communications with
				AHCA Long Term Care Services Unit. The managing employee must be familiar with
				the work requirements and the prerequisites for licensure or certification in
				each of the health care disciplines and specialties for which the pool is
				providing referrals. Any time there is a change in this position, the pool
				shall give written notice to AHCA Long Term Care Services Unit of such change.
				Such notice shall be filed with AHCA Long Term Care Services Unit with the name
				of the replacement managing employee as required in paragraph
				59A-35.110(1)(c),
				F.A.C.
(2) Each pool shall
				establish written procedures for the selection, documentation, screening and
				verification of credentials for each licensed health care practitioner referred
				or employed by the pool. At a minimum, these procedures shall require that:
(a) New personnel produce, for inspection by
				the pool, their current professional license or certification or a certified
				duplicate of the above, provided by the issuing department;
(b) Prior to the initial referral of each
				worker to a health care facility, each pool shall confirm the new worker's
				licensure or certification with the issuing board or department. This
				confirmation shall be based upon either on-line verification through consulting
				the appropriate department web sites, or specific written requests or oral
				communications with the issuing authority. The worker's personnel file shall
				reflect when and how this confirmation was obtained. If obtained from the
				internet, a printout of the page with the licensure or certification
				information will suffice. If confirmation was obtained through letter or direct
				contact, the file shall identify the individual with the issuing authority who
				provided the confirmation and shall identify who made the inquiry on behalf of
				the pool; and,
(c) Prior to the
				initial referral of each worker to a health care facility, the pool must
				confirm the identity of the worker, using the worker's current drivers license
				or other photo identification and his or her professional license or
				certificate. Each worker shall produce such records for review by the health
				care facility upon request.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-27 - HEALTH CARE SERVICES POOLS › Section 59A-27.006 - Procedures and Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Each health care
				services pool shall maintain the following business records and shall make
				these records available for inspection by the department upon request:
(a) Copies of corporate articles of
				incorporation and bylaws, if applicable;
(b) Records documenting the work performed by
				personnel referred by the pool including: the date of initial referral of a
				worker by the pool, dates and location of each placement and the names and
				addresses of client health care facilities. Copies of personnel time records or
				invoices identifying the services provided are acceptable records for meeting
				this requirement; and,
(c) Copies
				of any written employment contracts or other agreements entered into between
				the pool and each health care worker. Such contracts shall specifically and
				clearly advise the worker as to whether he or she is an employee of the pool or
				is an independent contractor referred by the pool. Also, where the worker is
				retained as an independent contractor, the contract or agreement shall
				specifically state that the independent contractor is responsible for paying
				federal income taxes. Prior to placement at a health care facility, the pool
				shall provide a document to each temporary health care worker, for his or her
				signature, which states that the worker understands his or her relationship
				with the pool, either as employee or independent contractor. This signed
				document shall be filed in the worker's personnel file.