reglab/statecodes huggingface dataset:
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-37 - ADULT FAMILY CARE HOMES › Section 59A-37.007 - Staff Qualifications, Responsibilities and Training

Current through Reg. 50, No. 138; July 16, 2024
(1) MINIMUM STAFF REQUIREMENTS.
The provider, all staff, each relief person, and all adult
				  household members must submit a statement from a licensed health care provider
				  that he or she is free from apparent signs and symptoms of communicable
				  diseases, including tuberculosis. The statement must be based on an examination
				  conducted within the six months prior to employment. Annually thereafter, the
				  individual must submit documentation from a licensed health care provider that
				  he or she is free from tuberculosis. An exception is that an individual with a
				  positive tuberculosis test must submit a statement from a licensed health care
				  provider that he or she does not constitute a risk of communicating
				  tuberculosis.
(2) PROVIDER.
(a) An adult family-care home provider must:
1. Be at least 21 years of age.
2. Live in the home.
3. Be able to read, write and complete
				written materials involved in applying for an AFCH license and maintaining an
				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-37.009 - Physical Site Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) GENERAL
				REQUIREMENTS.
(a) The AFCH shall be located,
				designed, equipped, and maintained to ensure a home-like environment, and to
				provide safe care and supervision for all residents. Residents shall be allowed
				free use of all space within the home except when such use interferes with the
				safety, privacy, and personal possessions of household members and other
				residents.
(b) The AFCH shall be
				structurally sound and in good repair. Windows, doors, plumbing, and appliances
				shall be functional and in good working order. All furniture and furnishings
				shall be clean and functional.
(c)
				In order to ensure a safe and sanitary environment, the AFCH must be inspected
				by the county health department, pursuant to chapter 64E-12, F.A.C., at the
				time of license application and prior to license renewal.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-37 - ADULT FAMILY CARE HOMES › Section 59A-37.010 - Fire Safety Standards and Emergency Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) FIRE SAFETY STANDARDS.
(a) Each adult family-care home shall be
				subject to the requirements of rule chapter 69A-57, F.A.C., Uniform Fire Safety
				Standards for Adult Family Care Homes.
(b) At the time of license application, prior
				to license renewal, and prior to an increase in capacity, the provider shall
				request the local authority having jurisdiction over fire safety to inspect the
				home for compliance with local codes and ordinances and the minimum standards
				of this rule. The inspection may be made by an employee of the agency who has a
				certification in fire safety, if the local fire authority indicates in writing
				that there is no inspector available to conduct an inspection. However, only
				the local fire authority shall give approval for multi-storied frame
				buildings.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-37 - ADULT FAMILY CARE HOMES › Section 59A-37.011 - Administrative Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) GENERAL
				REQUIREMENTS.
(a) The provider shall cooperate
				with agency personnel during surveys or inspections, complaint investigations,
				implementation of correction plans, license application and renewal procedures,
				and other activities necessary to ensure compliance with chapter 429, part II,
				F.S., and this rule chapter.
(b) In
				addition to agency personnel, reasonable access to enter and inspect a licensed
				AFCH must be provided to any designated agent of the department, the Department
				of Health, the local authority with jurisdiction over fire safety, the
				Department of Children and Family Services, and the Human Rights Advocacy
				Committee. Representatives of the district long-term care ombudsman council
				shall be provided reasonable access pursuant to the provisions of section
				400.0073,
				F.S.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
In addition to definitions contained in chapter 400, part IV,
				  F.S., the following terms shall apply:
(1) Advertising: The delivery, distribution,
				publication or display of an item, document, or medium initiated by the hospice
				that is intended to offer, describe, or advertise hospice or hospice-like
				services to the general public. A type of listing, which is formatted to only
				include a licensed hospice provider's name, address, and telephone number in
				the telephone directory, shall not be considered advertising.
(2) Agency: Agency for Health Care
				Administration.
(3) AHCA: Agency
				for Health Care Administration.
(4)
				Autonomous: A separate and distinct operational entity, which functions under
				its own administration and bylaws, either within or independently of a parent
				organization.
(5) Department:
				Department of Elder Affairs.
(6)
				Employ: To engage the services of an individual, on either a salary or
				volunteer basis.
(7) Home: The
				patient's current primary place of residence, including a private residence,
				assisted living facility, nursing home, hospice residential unit, or other
				place of permanent or temporary residence.
(8) Home Health Aide: An individual who
				provides personal health care services for a patient in the patient's home or
				place of residence under the supervision of a registered nurse.
(9) Licensed Practical Nurse: An individual
				licensed pursuant to chapter 464, F.S., to practice practical
				nursing.
(10) Patient Care Staff:
				Persons involved in direct care of the patient, including registered nurses,
				practical nurses and home health aides, social workers and other mental health
				professionals, and clergy or pastoral counselors.
(11) Patient's Family: The person or those
				persons designated by the patient as having primary responsibility for care, or
				persons who are closely linked with the patient and are involved in the health
				and supportive care of the patient.
(12) Patient and Family Unit: The patient and
				the patient's family.
(13)
				Registered Nurse: An individual who is licensed pursuant to chapter 464, F.S.,
				to practice professional nursing.
(14) Satellite Office: An office or other
				physical location serving as a contact point for patients, which is remote from
				the provider's principal office, but is not separately licensed, and shares
				administration with the principal office.
Rulemaking Authority 400.605 FS. Law Implemented 400.602,
					 400.605 FS.
New 5-6-82, Formerly 10A-12.02, 10A-12.002, Amended
					 4-27-94, Formerly 59A-2.002, Amended 6-5-97, 8-11-08, Formerly
					 58A-2.002,
					 7-1-19.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.002 - License Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) In addition to
				the requirement specified in section
				400.602(1)(b),
				F.S., the face of the license must contain the following information:
(a) The name and address of the provider,
				including the principal office and all satellite offices;
(b) All freestanding hospice inpatient
				facilities and residential units;
(c) All counties served by the
				hospice;
(d) The name of the owner;
				and,
(e) The effective and
				expiration dates of the license.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.003 - Licensure Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) Licenses issued
				by the AHCA to operate a hospice shall be based upon the results of a survey
				conducted by the AHCA to determine compliance with the requirements of chapter
				400, part IV, F.S., and with these rules. A license shall be issued to any
				not-for-profit public or private agency who meets all federal, state and local
				requirements.
(2) Application for
				license shall be made to the AHCA on forms prescribed by the AHCA. The
				application shall be accompanied by a license fee of six hundred dollars
				($600.00) as provided under section
				400.606, F.S., in check or money
				order, payable to the Agency for Health Care Administration.
(3) In addition to the information required
				in section 400.606(1),
				F.S., the following information is required for the licensure application:
(a) The name of the hospice's administrator
				and the administrator's license number if the administrator is a licensed
				professional; the name and license number of the hospice's medical director;
				the number and types of licensed professionals, including clergy, employed or
				to be employed by the hospice; the number of home health aides employed or to
				be employed by the hospice; the number and types of other personnel employed or
				to be employed by the hospice and assigned to a hospice care team or
				teams.
(b) For initial licensure
				only, the Certificate of Need and certificates of occupancy signed by local
				authorized zoning, building and electrical officials shall be attached to the
				application. For initial licensure, where there are no municipal, county or
				electrical building codes, the applicant shall provide a written statement of
				compliance with these regulations from a registered architect or professional
				engineer who shall substitute for the authorities specified above. A separate
				survey for fire safety and physical plant requirements of residential and
				freestanding inpatient facilities operated by the hospice shall be made by the
				AHCA prior to the opening of the facilities and on a periodic basis.
(c) As a condition of licensure, each
				successful applicant shall submit the names and professions for all hospice
				care team staff, and license numbers held by hospice care team staff who are
				licensed, no later than three (3) months after the license is
				issued.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.004 - Administration of the Hospice

Current through Reg. 50, No. 138; July 16, 2024
(1) Governing
				Body. The hospice provider must establish written bylaws for a governing body
				with autonomous authority for the conduct of the hospice program. The governing
				body must satisfy the following requirements:
(a) Members must reside or work in the
				hospice provider's service area as defined in paragraph
				59C-1.0355(2)(k),
				F.A.C.
(b) No person shall be
				denied membership on the governing body by reason of race, creed, color, age or
				sex.
(c) Duties of the governing
				body must include:
1. Adoption in writing of
				the following documents which must be in compliance with provisions of chapter
				400, part IV, F.S., and these rules, with updates as necessary:
a. Criteria defining eligibility for hospice
				services;
b. A program for building
				and coordinating relationships with other community organizations in order to
				provide hospice patients assistance with meals, utility payments, legal
				services, home repair and equipment, and other needs as identified on an
				individual basis;
c. Standards of
				hospice care which will ensure compliance with these rules and Chapter 400,
				Part IV, F.S., and which will promote and maintain a quality of life for each
				patient and family that reflects the patient's needs and values;
d. A comprehensive emergency management plan
				for all administrative, residential, free-standing inpatient facilities, and
				hospice services designed to protect the safety of patients and their families
				and hospice staff; and,
e. An
				annual operating and strategic plan and budget.
2. Promulgation of rules and bylaws which
				include at least the following:
a. The purpose
				of the hospice;
b. Annual review of
				the rules and bylaws which shall be dated and signed by the chairman of the
				governing body;
c. The powers and
				duties of the officers and committees of the governing body;
d. The qualifications, method of selection
				and terms of office of members and chairpersons of the governing body and
				committees; and,
e. A mechanism for
				the administrator's appointment of the medical director and other professional
				and ancillary personnel.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.005 - Coordinated Care Program

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				administrator shall be responsible for ensuring the development, documentation
				and implementation of a staffing pattern for all components of a hospice
				program (inpatient, residential and home-care), which shall be kept in an
				administrative file.
(a) A general staffing
				plan shall include the rationale for determining staffing requirements, which
				shall be based on the needs of the patients and their families and shall ensure
				appropriate care to meet those needs.
(b) The staffing patterns for contracted
				inpatient components shall meet or exceed the minimum staffing requirements
				under which the contracted facility is currently licensed.
(c) Minimum service provided for routine home
				care, consistent with the patient's status and the family's well-being, shall
				be a weekly telephone contact and a biweekly visit by a registered
				nurse.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.006 - Quality Assurance and Utilization Review (QAUR)/Quality Assessment and Performance Improvement (QAPI) Committee and Plan

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to section
				  400.610(2),
				  F.S., each hospice must appoint a committee which must develop, document and
				  implement a comprehensive quality assurance and utilization review plan, also
				  referred to as a quality assessment and performance improvement plan. The
				  QAUR/QAPI plan must be in accordance with quality assessment and performance
				  improvement (QAPI) standards incorporated within the Medicare Conditions for
				  Participation, 42 C.F.R., Part 418, and must include goals and objectives,
				  provisions for identifying and resolving problems, methods for evaluating the
				  quality and appropriateness of care, and the effectiveness of actions taken to
				  resolve identified problems. The QAUR/QAPI plan must establish a process for
				  revising policies, procedures and practices when reviews have identified
				  problems. The QAUR/QAPI committee must review the QAUR/QAPI plan and report
				  findings and recommendations to the governing body annually. Dated and signed
				  minutes of those meetings of the governing body at which QAUR/QAPI findings and
				  recommendations are presented must be kept in an administrative file.
(1) The QAUR/QAPI committee must be composed
				of individuals who are trained, qualified, supervised and supported by review
				procedures and written criteria related to treatment outcomes. These review
				procedures and written criteria must be established with involvement from
				physicians, and shall be evaluated and updated annually by the QAUR/QAPI
				committee.
(2) An incident or
				accident report shall be required in every instance of error in treatment,
				adverse reaction to treatment or medication, or injury to the patient. All of
				these incident or accident reports shall be reviewed by the QAUR/QAPI
				committee.
(3) The QAUR/QAPI
				committee must audit patient records, including interdisciplinary care records,
				on a regular and periodic basis. All records must be stored in secured areas to
				protect patient confidentiality.
(a) Active
				patient records shall be kept at the main office, a satellite office, a hospice
				residential facility or a hospice inpatient facility.
(b) The master record may be moved to storage
				in a secure and accessible location after termination of bereavement services
				or a minimum of one year after the patient's death.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.007 - Program Reporting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Each hospice shall submit demographic and provision of care data to the Agency
				annually for the calendar year period January 1 through December 31 no later
				than March 31 of the following year. Data must be submitted through the link
				included in the e-blast sent to each provider one month prior to the due date
				for the submission period.
(2) Data
				submitted must detail the following information in aggregate numbers for the
				submission period:
(a) Inpatient Care and
				Residential Units operated by the hospice, including freestanding units and
				contracted locations of care to include:
1.
				Name and address of facility.
2.
				County where facility is located.
3. Number of beds within the
				facility.
4. Number of facility
				admissions.
5. Total facility
				patient days.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.009 - Nursing Services

Current through Reg. 50, No. 138; July 16, 2024
(1) The hospice
				shall employ a registered nurse who shall monitor all services provided by
				hospice nurses and home health aides. The supervising registered nurse shall be
				qualified by supervisory or hospice experience and shall have completed a
				hospice training program sponsored by the employing hospice. Duties shall be
				enumerated in a job description, including job qualifications, which shall be
				kept in an administrative file.
(2)
				The supervising registered nurse shall assist the administrator in developing,
				documenting and implementing policies and procedures for the delivery of
				clinical nursing services throughout the hospice program, including home-care,
				residential and inpatient programs; the orientation and training of newly
				employed or contractual hospice nurses and home health aides; and ongoing
				training and education of the hospice nurses and home health aides.
(3) The hospice shall ensure, by employment
				or contractual arrangements, that there are sufficient nurses and home health
				aides to meet the health care needs of the patient population of the
				hospice.
Rulemaking Authority 400.605 FS. Law Implemented 400.605,
					 400.609, 400.6105 FS.
New 6-5-97, Formerly
					 58A-2.0141,
					 7-1-19.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.010 - Spiritual Counseling Services

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				hospice shall employ a clergy-person or pastoral counselor to provide spiritual
				counseling. The clergy-person or pastoral counselor shall have a degree in
				ministry from a college, university or divinity school; or shall have completed
				a clinical pastoral education program with an emphasis in health care ministry;
				or shall have completed formal training and is recognized as qualified to
				perform pastoral services in his or her religion or belief system. The
				clergy-person or pastoral counselor shall also have completed a hospice
				training program sponsored by the employing hospice. Duties shall be enumerated
				in a job description, including job qualifications, which shall be kept in an
				administrative file.
(2) The
				clergy-person or pastoral counselor shall assist the administrator in
				developing, documenting and implementing policies and procedures regulating the
				delivery of such services.
(3) The
				hospice shall ensure, by employment or contractual arrangement, that there are
				sufficient clergy-persons or pastoral counselors to provide spiritual support
				to the patient population of the hospice and the patients' families.
(4) The hospice and its agents shall not
				impose the dictates of any value or belief system on its patients and their
				families.
Rulemaking Authority 400.605 FS. Law Implemented 400.605,
					 400.609, 400.6105 FS.
New 5-6-82, Formerly 10A-12.15, 10A-12.015, Amended
					 4-27-94, Formerly 59A-2.015, Amended 6-5-97, Formerly
					 58A-2.015,
					 7-1-19.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.011 - Counseling and Social Services

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				hospice shall employ a social worker who has a degree in social work or a
				degree in a related field with experience in social work, and who has completed
				a hospice training program sponsored by the employing hospice. Duties shall be
				enumerated in a job description, including job qualifications, which shall be
				kept in an administrative file.
(2)
				Therapeutic counseling services, if provided, must be provided by a social
				worker, marriage and family therapist, mental health counselor, or other mental
				health professional who is licensed by or authorized under the laws of the
				state of Florida to provide such services.
(3) The social worker shall assist the
				administrator in developing, documenting and implementing policies and
				procedures regulating the delivery of such services.
(4) The hospice shall ensure, by employment
				or contractual arrangement, that there are sufficient social workers and other
				mental health professionals to meet the social, emotional and mental health
				needs of the patients and families being served by the
				hospice.
Rulemaking Authority 400.605 FS. Law Implemented 400.605,
					 400.609, 400.6105 FS.
New 5-6-82, Formerly 10A-12.16, 10A-12.016, Amended
					 4-27-94, Formerly 59A-2.016, Amended 6-5-97, Formerly
					 58A-2.016,
					 7-1-19.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.012 - Volunteer Services

Current through Reg. 50, No. 138; July 16, 2024
(1) The hospice
				shall employ a coordinator of volunteer services who shall assist the
				administrator in developing, documenting and implementing a volunteer services
				program which meets the operational needs of the program and provides services
				to the patient and family units in accordance with the individual plans of
				care. Duties shall be enumerated in a job description, including job
				qualifications, which shall be kept in an administrative file.
(2) The volunteer coordinator shall assist
				the administrator in developing, documenting and implementing policies and
				procedures regulating the delivery of such services, volunteer orientation, and
				ongoing training and support for volunteers.
(3) The hospice shall make effort to recruit
				volunteers to provide support for the needs and comfort of the patient
				population of the hospice and the patients' families.
Rulemaking Authority 400.605 FS. Law Implemented 400.605,
					 400.609, 400.6105 FS.
New 5-6-82, Formerly 10A-12.17, 10A-12.017, Amended
					 4-27-94, Formerly 59A-2.017, Amended 6-5-97, Formerly
					 58A-2.017,
					 7-1-19.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.013 - Bereavement Services

Current through Reg. 50, No. 138; July 16, 2024
The hospice shall provide bereavement counseling and services
				  to the families of hospice patients for a minimum of one (1) year following the
				  patient's death. The formal and informal supportive services which comprise
				  bereavement counseling shall be supervised or provided by professional staff as
				  described in rules 59A-38.010 and
				  59A-38.011, F.A.C.
(1) The administrator shall ensure the
				development, documentation and implementation of policies and procedures
				regulating the delivery of bereavement counseling and services.
(2) The bereavement program shall provide
				educational and spiritual materials and individual and group support services
				for the patient's family after the patient's death.
Rulemaking Authority 400.605 FS. Law Implemented 400.605,
					 400.609 FS.
New 5-6-82, Formerly 10A-12.18, 10A-12.018, Amended
					 4-27-94, Formerly 59A-2.018, Amended 6-5-97, Formerly
					 58A-2.018,
					 7-1-19.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.014 - Nutritional Services

Current through Reg. 50, No. 138; July 16, 2024
The administrator shall ensure that dietary services and
				  nutritional counseling services are available to all patient and family units
				  in all components of hospice care on an as-needed basis.
(1) The administrator shall ensure the
				development, documentation and implementation of written policies and
				procedures for dietary services including nutritional counseling
				services.
(2) In hospice
				residential care and hospice inpatient care settings, the hospice shall provide
				consultation by a licensed dietitian on practical freedom-of-choice diets for
				hospice patients and shall ensure that patients' favorite foods are included in
				their diets whenever possible.
Rulemaking Authority 400.605 FS. Law Implemented 400.605,
					 400.609 FS.
New 5-6-82, Formerly 10A-12.19, 10A-12.019, Amended
					 4-27-94, Formerly 59A-2.019, Amended 6-5-97, Formerly
					 58A-2.019,
					 7-1-19.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.015 - Advance Directives and Do Not Resuscitate Orders (DNRO)

Current through Reg. 50, No. 138; July 16, 2024
(1) The administrator must ensure the
				development, documentation and implementation of policies and procedures which
				delineate the hospice's compliance with the state law and rules relative to
				advance directives. The hospice must not base or condition treatment or
				admission upon whether or not the patient has executed or waived an advance
				directive. In the event of a conflict between the hospice's policies and
				procedures and the patient's advance directive, resolution must be made in
				accordance with chapter 765, F.S.
(2) The hospice's policies and procedures
				must include:
(a) At the time of admission,
				providing each patient, or the patient's surrogate, proxy or other legal
				representative, with a copy of Form SCHS-4-2006, "Health Care Advance
				Directives - The Patient's Right to Decide, " effective April 2006, or with a
				copy of some other substantially similar document which incorporates
				information regarding advance directives included in chapter 765, F.S. The form
				is hereby incorporated by reference and 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.
(b) At the time of admission, providing each
				patient, or the patient's surrogate, proxy or other legal representative, with
				written information concerning the hospice's policies regarding resuscitation
				and advance directives, including information concerning DH Form 1896, Florida
				Do Not Resuscitate Order Form, incorporated by reference in rule
				64J-2.018, F.A.C.
(c) Requiring documentation of the existence
				of an advance directive in the patient's medical record. A hospice which is
				provided with a patient's advance directive shall make the advance directive or
				a copy thereof a part of the patient's interdisciplinary care record and the
				patient's medical record.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.016 - Residential Units

Current through Reg. 50, No. 138; July 16, 2024
(1) Residential
				units which are established by a licensed hospice provider will not be required
				to be separately licensed. Residential units shall comply with local codes and
				ordinances governing zoning, fire, safety, and health standards.
(2) Residential units shall be maintained in
				a manner which provides for managing personal hygiene needs of the patients and
				implementation of infection control procedures.
(3) Equipment and furnishings in residential
				units will provide for the health care needs of the resident while providing a
				home-like or non-institutional type of atmosphere.
(4) The hospice provider shall insure that:
(a) Each patient residing in a residential
				unit has an identified individual who will serve as that patient's principal
				advocate and contact person.
(b)
				The residential unit is staffed at sufficient skill level and number to meet
				the needs of the patients and their families.
1. At all times the residential unit shall be
				staffed with a minimum of two (2) employees, one (1) of which shall be a
				licensed nurse.
2. Units for more
				than eight (8) patients shall be a staff-to-patient ratio of one to four (1:4)
				calculated on a twenty-four (24) hour period. At no time shall the unit have a
				staff-to-patient ratio of less than one to six (1:6).
3. All staff on duty shall assist with
				evacuation of patients in the event of an
				emergency.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.017 - Physical Plant Requirements (Inpatient Facility and Unit)

Current through Reg. 50, No. 138; July 16, 2024
(1) As used in this rule, "inpatient facility
				and unit" means the location where inpatient services are provided to hospice
				patients.
(2) All new inpatient
				facilities and units, and additions or renovations to existing facilities and
				units shall be in compliance with the requirements of section
				400.6051,
				F.S.
Rulemaking Authority 400.605, 400.6051 FS. Law Implemented
					 400.6051 FS.
New 8-10-03, Amended 4-24-07, Formerly
					 58A-2.025,
					 7-1-19.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.018 - Comprehensive Emergency Management Plan

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Pursuant to section 400.610(1)(b),
				F.S., each hospice shall prepare and maintain a comprehensive emergency
				management plan, hereinafter referred to as "the plan, " in accordance with the
				"Comprehensive Emergency Management Plan (CEMP) Format for Hospices, " DOEA
				Form H-001, March 2007, which is incorporated by reference. This document is
				available from the Agency for Health Care Administration, Licensed Home Health
				Programs Unit, 2727 Mahan Drive, Mail Stop 34, Tallahassee, Florida 32308 or
				the agency Web site at
				http://elderaffairs.state.fl.us/doea/ruleforms/DOEA-Form-H-001.pdf, and shall
				be included as part of the hospice's comprehensive emergency management
				plan.
(2) The plan shall be
				submitted electronically for review to the local county health department in
				each county that the hospice is licensed to serve. Any method other than
				electronic submission of the form shall be expressly approved by the local
				county health department.
(3) The
				hospice shall report changes in the after-hours emergency telephone number and
				address of those staff who are coordinating the hospice's emergency response to
				the local emergency management agency and county health department. The
				telephone numbers must include all numbers where the coordinating staff can be
				contacted outside the hospice's regular office hours. All hospices must report
				these changes, whether the plan has been previously reviewed or not, as defined
				in subsection (2) above.
(4) Upon a
				change of ownership, the new owner shall submit a new plan identifying any
				substantive changes, including facility renovations and changes noted in
				subsection (3) above. Those hospices which previously have had the plan
				reviewed by the local county health department as defined in subsection (2)
				above, shall report any substantive changes to the reviewing entity.
(5) The plan shall describe:
(a) Procedures to ensure preparation of
				hospice patients for potential or imminent emergencies and disasters.
(b) Procedures for annual review of the plan
				and for the governing body to incorporate substantive changes to the
				plan.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.019 - Hospice Employee Training Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Each hospice licensed under chapter 400,
				part IV, F.S., shall provide that hospice employees receive the following
				training:
(a) Completion of the required
				initial one hour of training after June 30, 2003, shall satisfy the requirement
				referenced in section
				400.6045(1)(b),
				F.S. Initial one-hour training shall address the following subject areas:
1. Understanding Alzheimer's Disease and
				Related Disorders;
2.
				Characteristics of Alzheimer's Disease and Related Disorders; and,
3. Communicating with patients with
				Alzheimer's Disease or Related Disorders.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-38 - HOSPICE PROCEDURES › Section 59A-38.020 - Hospice Training Provider and Curriculum Approval

Current through Reg. 50, No. 138; July 16, 2024
(1) Persons seeking approval as an
				Alzheimer's Disease or Related Disorders training provider shall complete DOEA
				form Hospice/ADRD-001, Application for Alzheimer's Disease or Related Disorders
				Training Provider Certification, dated September 2003, which is incorporated by
				reference and available at the Department of Elder Affairs, 4040 Esplanade Way,
				Tallahassee, Florida 32399-7000. Persons seeking to obtain approval of the
				Alzheimer's Disease or Related Disorder curriculum shall complete DOEA form
				Hospice/ADRD-002, Application for Alzheimer's Disease or Related Disorders
				Training Three-Year Curriculum Certification, dated September 2003, which is
				incorporated by reference and available at the Department of Elder Affairs,
				4040 Esplanade Way, Tallahassee, Florida 32399-7000. Approval must be obtained
				from the Department or its designee for the training provider and the training
				curriculum prior to commencing training activities. Approval of the training
				curriculum shall be granted for 3 years, whereupon the training curriculum must
				be re-submitted to the Department or its designee for re-approval.
(2) Upon receipt of the training provider's
				or the training curriculum application, the Department or its designee shall
				respond in writing within 30 calendar days in one of the following three ways:
(a) Notify the applicant that the application
				is approved or not approved. If an application is not approved, the Department
				or its designee shall respond in writing indicating the reasons for not
				approving the application and information or documentation needed for
				approval;
(b) Request additional
				information from the applicant in order to make a determination. Requested
				information omitted from an application shall be filed with the Department or
				its designee within 90 days of the Department's or its designee's request for
				omitted information, or the application shall be deemed incomplete, and shall
				be withdrawn from further consideration. Once the additional information has
				been received by the Department or its designee the Department or its designee
				will have 30 calendar days to make a determination; or
(c) Notify the applicant that an additional
				30 calendar days is needed to review the application and make a determination.
				Upon notice of approval from the Department or its designee, the applicant may
				be identified as an approved training provider or as having an approved
				training curriculum as indicated by the Department or its designee. The
				Department or its designee shall maintain a list of approved training providers
				and training curriculum and provide a list of approved training providers to
				all interested parties upon request.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59AER20 - EMERGENCY RULE FOR YEAR 2020 › Section 59AER20-1 - Hospital Screening Requirements for Long-Term Care Facility Residents

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicability. The requirements of this
				emergency rule apply to all hospitals licensed under Chapter 395,
				F.S.
(2) Definitions.
(a) "Long-term care facility" is defined, for
				purposes of this rule, as any of the following facilities:
1. Nursing Homes, as provided under Chapter
				400, F.S.;
2. Group Home
				Facilities, as provided under Chapter 393, F.S.;
3. Intermediate Care Facilities for the
				Developmentally Disabled, as provided under Chapter 400, F.S.;
4. Assisted Living Facilities, as provided
				under Chapter 429, F.S.; and
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59AER20 - EMERGENCY RULE FOR YEAR 2020 › Section 59AER20-4 - Mandatory Testing for Assisted Living Facility Staff

Current through Reg. 50, No. 138; July 16, 2024
(1) APPLICABILITY. The requirements of this
				emergency rule apply to all assisted living facilities licensed under Chapter
				429, F.S.
(2) DEFINITIONS.
"Staff" means all paid and unpaid persons serving in
				  healthcare settings who have the potential for direct or indirect exposure to
				  patients or infectious materials, including body substances (e.g., blood,
				  tissue, and specific body fluids); contaminated medical supplies, devices, and
				  equipment; contaminated environmental surfaces; or contaminated air. Staff may
				  include, but are not limited to, nurses, nursing assistants, physicians,
				  technicians, therapists, phlebotomists, pharmacists, students and trainees,
				  contractual staff not employed by the health care facility, and persons (e.g.,
				  clerical, dietary, environmental services, laundry, security, maintenance,
				  engineering and facilities management, administrative, billing, and volunteer
				  personnel) not directly involved in patient care but potentially exposed to
				  infectious agents that can be transmitted among from staff and patients. This
				  definition is consistent with the Centers for Disease Control and Prevention
				  definition of Healthcare personnel as defined in Appendix 2.
				  Terminology.
(3) MANDATORY
				STAFF TESTING FOR COVID-19.
(a) Beginning
				July 7, 2020, assisted living facilities shall not admit into the facility any
				staff who has not been tested for COVID-19.
(b) Assisted living facilities shall require
				all staff be tested every two (2) weeks thereafter with testing resources
				provided by the state.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59AER20 - EMERGENCY RULE FOR YEAR 2020 › Section 59AER20-5 - Mandatory Testing for Nursing Home Staff

Current through Reg. 50, No. 138; July 16, 2024
(1) APPLICABILITY. The requirements of this
				emergency rule apply to all nursing homes licensed under Chapter 400,
				F.S.
(2) DEFINITIONS.
"Staff" means all paid and unpaid persons serving in
				  healthcare settings who have the potential for direct or indirect exposure to
				  patients or infectious materials, including body substances (e.g., blood,
				  tissue, and specific body fluids); contaminated medical supplies, devices, and
				  equipment; contaminated environmental surfaces; or contaminated air. Staff may
				  include, but are not limited to, nurses, nursing assistants, physicians,
				  technicians, therapists, phlebotomists, pharmacists, students and trainees,
				  contractual staff not employed by the health care facility, and persons (e.g.,
				  clerical, dietary, environmental services, laundry, security, maintenance,
				  engineering and facilities management, administrative, billing, and volunteer
				  personnel) not directly involved in patient care but potentially exposed to
				  infectious agents that can be transmitted among from staff and patients. This
				  definition is consistent with the Centers for Disease Control and Prevention
				  definition of Healthcare personnel as defined in Appendix 2.
				  Terminology..
(3) MANDATORY
				STAFF TESTING FOR COVID-19.
(a) Beginning
				July 7, 2020, nursing homes shall not admit into the facility any staff who has
				not been tested for COVID-19.
(b)
				Nursing homes shall require all staff be tested every two (2) weeks thereafter
				with testing resources provided by the state.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59AER20 - EMERGENCY RULE FOR YEAR 2020 › Section 59AER20-6 - Hospital Screening Requirements for Long-Term Care Facility Residents

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicability. The requirements of this
				emergency rule apply to all hospitals licensed under Chapter 395,
				F.S.
(2) Definitions.
(a) "Long-term care facility" is defined, for
				purposes of this rule, as any of the following facilities:
1. Nursing Homes, as provided under Chapter
				400, F.S.;
2. Group Home
				Facilities, as provided under Chapter 393, F.S.;
3. Intermediate Care Facilities for the
				Developmentally Disabled, as provided under Chapter 400, F.S.;
4. Assisted Living Facilities, as provided
				under Chapter 429, F.S.; and
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59AER20 - EMERGENCY RULE FOR YEAR 2020 › Section 59AER20-7 - Mandatory Testing for Intermediate Care Facility for the Developmentally Disabled Staff

Current through Reg. 50, No. 138; July 16, 2024
(1) APPLICABILITY.
				The requirements of this emergency rule apply to all intermediate care
				facilities for the developmentally disabled licensed under Chapter 400, F.S.,
				Part VIII.
(2) DEFINITIONS.
"Staff" means all paid and unpaid persons serving in
				  healthcare settings who have the potential for direct or indirect exposure to
				  patients or infectious materials, including body substances (e.g., blood,
				  tissue, and specific body fluids); contaminated medical supplies, devices, and
				  equipment; contaminated environmental surfaces; or contaminated air. Staff may
				  include, but are not limited to, nurses, nursing assistants, physicians,
				  technicians, therapists, phlebotomists, pharmacists, students and trainees,
				  contractual staff not employed by the health care facility, and persons (e.g.,
				  clerical, dietary, environmental services, laundry, security, maintenance,
				  engineering and facilities management, administrative, billing, and volunteer
				  personnel) not directly involved in patient care but potentially exposed to
				  infectious agents that can be transmitted among from staff and patients. This
				  definition is consistent with the Centers for Disease Control and Prevention
				  definition of Healthcare personnel as defined in Appendix 2.
				  Terminology.
(3) MANDATORY
				STAFF TESTING FOR COVID-19.
(a) Beginning
				August 24, 2020, intermediate care facilities for the developmentally disabled
				shall not admit into the facility any staff who has not been tested for
				COVID-19.
(b) Intermediate care
				facilities for the developmentally disabled shall require all staff be tested
				every two (2) weeks thereafter with testing resources provided by the
				state.
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59AER20 - EMERGENCY RULE FOR YEAR 2020 › Section 59AER20-8 - Hospital Screening Requirements for Long-Term Care Facility Residents

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicability. The requirements of this
				emergency rule apply to all hospitals licensed under Chapter 395,
				F.S.
(2) Definitions.
(a) "Long-term care facility" is defined, for
				purposes of this rule, as any of the following facilities:
1. Nursing Homes, as provided under Chapter
				400, F.S.;
2. Group Home
				Facilities, as provided under Chapter 393, F.S.;
3. Intermediate Care Facilities for the
				Developmentally Disabled, as provided under Chapter 400, F.S.;
4. Assisted Living Facilities, as provided
				under Chapter 429, F.S.; and
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59AER20 - EMERGENCY RULE FOR YEAR 2020 › Section 59AER20-11 - Hospital Screening Requirements for Long-Term Care Facility Residents

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicability. The requirements of this
				emergency rule apply to all hospitals licensed under Chapter 395,
				F.S.
(2) Definitions.
(a) "Long-term care facility" is defined, for
				purposes of this rule, as any of the following facilities:
1. Nursing Homes, as provided under Chapter
				400, F.S.;
2. Group Home
				Facilities, as provided under Chapter 393, F.S.;
3. Intermediate Care Facilities for the
				Developmentally Disabled, as provided under Chapter 400, F.S.; and
4. Assisted Living Facilities, as provided
				under Chapter 429, F.S.;
Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59AER20 - EMERGENCY RULE FOR YEAR 2020 › Section 59AER20-12 - Mandatory Entry and Testing for Assisted Living Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) APPLICABILITY. The requirements of this
				emergency rule apply to all assisted living facilities licensed under Chapter
				429, F.S.
(2) DEFINITIONS
"Infection control" means any duties carried out in
				  furtherance of preparing for, responding to, or recovering from COVID-19 as
				  authorized under Chapter 381, F.S.
(3) MANDATORY ENTRY AND TESTING FOR COVID-19.
(a) Assisted living facilities shall comply
				with all Department of Health infection control directives concerning staff and
				resident testing, including making off-shift staff available at the facility
				for testing.
(b) Assisted living
				facilities shall allow the Florida Department of Health or its authorized
				agents entry into the facility for the purpose of conducting COVID-19 infection
				control duties, and testing of residents and staff.
(c) When the Department of Health or its
				authorized agent enters the facility in its public health function for purposes
				of COVID-19 testing, assisted living facilities shall require facility staff to
				submit to a COVID-19 test.