12310093, 58A-5.0131 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12310093

Notice of Proposed Rule

Department:

DEPARTMENT OF ELDER AFFAIRS

Division:

Federal Aging Programs

Chapter:

ASSISTED LIVING FACILITIES

Overview

RULE:

58A-5.0131	Definitions (Transferred)
58A-5.014	Licensing and Change of Ownership (Transferred)
58A-5.015	License Renewal and Conditional Licenses (Repealed)
58A-5.016	License Requirements (Transferred)
58A-5.0161	Inspection Responsibilities (Transferred)
58A-5.0181	Admission Procedures, Appropriateness of Placement and Continued Residency Criteria (Transferred)
58A-5.0182	Resident Care Standards (Transferred)
58A-5.0185	Medication Practices (Transferred)
58A-5.0186	Do Not Resuscitate Orders (DNROs) (Transferred)
58A-5.019	Staffing Standards (Transferred)
58A-5.0191	Staff Training Requirements and Competency Test (Transferred)
58A-5.020	Food Service Standards (Transferred)
58A-5.021	Fiscal Standards (Transferred)
58A-5.023	Physical Plant Standards (Transferred)
58A-5.024	Records (Transferred)
58A-5.0241	Adverse Incident Report (Transferred)
58A-5.0242	Liability Claim Report (Transferred)
58A-5.025	Resident Contracts (Transferred)
58A-5.026	Emergency Management (Transferred)
58A-5.029	Limited Mental Health (Transferred)
58A-5.030	Extended Congregate Care Services (Transferred)
58A-5.031	Limited Nursing Services (Transferred)
58A-5.033	Administrative Enforcement (Transferred)
58A-5.035	Waivers (Transferred)

PURPOSE:

The purpose of the proposed rule is to implement portions of recommendations proposed by the Governor’s Assisted Living Facility Workgroup, as well as additional rule recommendations developed by the Assisted Living Facility Negotiated Rulemaking Committee. Such negotiated committee recommendations were the consensus product of the individuals designated to represent the interests of entities and persons affected by the rule, and included participation by the following representatives: Robert Anderson – Department of Children and Families, C. Anne Avery - Agency for Health Care Administration, Dr. Gilda Baldwin – Westchester General Hospital, Jackie Beck – Department of Children and Families, Carol Berkowitz – LeadingAge Florida, Jim Crochet – State Long-Term Care Ombudsman, Alberta Granger – Florida Assisted Living Association, Lee Ann Griffin – Florida Health Care Association, Shad Haston – Agency for Health Care Administration, Gail Matillo – Department of Elder Affairs, Henry Parra – Assisted Living Member Association, Susan Rice – Department of Elder Affairs, Mary Romelfanger – Professional Testing, Inc., Eric Thorn – Florida Life Care Residents Association, Mary Beth Vickers – Department of Health. In addition to implementing these recommendations, the proposed rules were developed to address statutory changes enacted in Part II, Chapter 408 and Part I, Chapter 429, Florida Statutes, regarding the regulation of assisted living facilities.

SUMMARY:

The proposed rule eliminates regulatory conflicts between Chapters 408 and 429; streamlines, clarifies, and reduces burdensome reporting requirements; and addresses necessary safeguards to ensure the health, safety, and welfare of individuals residing in Florida’s assisted living facilities. Specifically, the proposed rule addresses facility licensing requirements; admission procedures, appropriateness of resident placement and continued residency requirements; aging in place initiatives; medication practices; staffing standards, including training requirements and imposition of competency testing; facility food service standards; resident contracts and certain financials standards; emergency management within facilities; and resident and facility record requirements.

RULEMAKING AUTHORITY:

429.07, 429.17, 429.178, 429.23, 429.24, 429.255, 429.256, 429.27, 429.275, 429.41, 429.42, 429.52, F.S.

LAW:

429.04, 429.07, 429.075, 429.08, 429.11, 429.12, 429.14, 429.17, 429.174, 429.178, 429.19, 429.20, 429.23, 429.24, 429.255, 429.256, 429.26, 429.27, 429.275, 429.28, 429.34, 429.35, 429.41, 429.42, 429.44, 429.445, 429.47, 429.52, F.S.

PRINT PUBLISH DATE:

11/21/2012 Vol. 38/76

COMMENTS:

From 11/21/2012 To 12/12/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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