12610599, 59A-8.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12610599

Notice of Proposed Rule

Department:

AGENCY FOR HEALTH CARE ADMINISTRATION

Division:

Health Facility and Agency Licensing

Chapter:

MINIMUM STANDARDS FOR HOME HEALTH AGENCIES

Overview

RULE:

59A-8.002	Definitions
59A-8.003	Licensure Requirements
59A-8.004	Licensure Procedure (Repealed)
59A-8.0095	Personnel
59A-8.022	Clinical Records
59A-8.0245	Advance Directives
59A-8.027	Emergency Management Plans

PURPOSE:

The purpose is to provide new rules for oversight by the director of nursing and the use of a recent unannounced licensure survey related to a licensure application for a change of ownership as required in 400.497(5) and (6), F.S.; to remove items that are now in Florida Statutes and 59A-35, FAC; to revise personnel rules to remove the one year experience requirement for physical therapists and occupational therapists and their assistants and make other rule revisions to reduce the regulatory burden on home health agencies; to update the license fee to the August 1, 2010 amount to conform to the consumer price index increase required in 408.805(2), F.S.  and to remove the requirement to remove rubber stamped signatures for physicians to prevent fraud; and to update the web site addresses, the licensing unit’s name and definitions.

SUMMARY:

59A-8.002 adds the definition of “nursing care” used in the definition of “home health services” in 400.462, F.S., deletes one definition since the definition is now in state law and updates the definition of “accrediting organization”  to add another accrediting organization approved by CMS. 
59A-8.003(5)(c) adds that changes of ownership will demonstrate compliance with state laws by recent unannounced inspection not more than 24 months prior as required in 400.497(6), F.S.  59A-8.003 also adds that training of home health agency staff may be done at drop-off sites.  The license fee amount is updated to show the consumer price index increase that was implemented August 1, 2010 as required in 408.805(2), F.S. The change of address requirements are deleted and the rule refers to 59A-35.040.  Makes other minor changes – adds accrediting organization survey where surveys are mentioned since agencies licensed since July 1, 2008 must be accredited per 400.471(2)(h), F.S.;  updates web site address and unit name; updates numbering of law sections since there have been changes in the laws. 
59A-8.004 removes the application forms and licensing procedures, including background screening, and refers to 59A-35.060, 59A-35.062, and 408.809, F.S. that now contain uniform health care licensing procedures for the Agency.  The submission of an affidavit form for compliance with the background screening requirements in 400.512, F.S., has been removed since the affidavit statement has been added to the licensure application form.  To comply with 400.471(7), F.S., a one page attestation form is submitted with the application when any owners, officers or members of a home health agency in the same county are applying for a license for a new agency.
59A-8.0095 updates and eliminates various personnel requirements. The requirement to submit resume and affidavit of good moral character when there is a change in the administrator or alternate administrator is removed.  Additional oversight by the director of nursing is added as required in 400.497(5), F.S., including items for quality assurance and verification that services were provided.   Specified competencies for certified nursing assistants are removed.  Patient care tasks that can be done related to elimination are clarified for home health aides and certified nursing assistants. The nurses, physical therapist and occupational therapist sections state that services will be provided in compliance with the state practice acts.  The one year of experience requirement for physical therapists, physical therapist assistants, occupational therapists, and occupational therapists assistants is removed. For homemakers and companions, clients may be verbally reminded to take their medications. 
59A-8.022 removes rubber stamp signatures for physicians. 
59A-8.0245 revises the date and web site address for the “Health Care Advance Directives – The Patients’ Right to Decide” and removes a paragraph that repeats what is already in state law.
59A-8.027 updates the emergency management plan format to include the title “safety liaison” as the primary contact per 408.821, F.S. and include caregivers remaining with patients at special needs shelters per the Department of Health.
Other minor changes are made to update the Agency’s web site address and licensing unit name, and update the numbering of law sections to conform to law changes.

RULEMAKING AUTHORITY:

400.497, F.S.

LAW:

400.497(5)(6), F.S.

PRINT PUBLISH DATE:

2/8/2013 Vol. 39/27

COMMENTS:

From 2/8/2013 To 3/1/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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