210604, 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: 210604

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59A-8.004	Licensure Procedure (Repealed)
59A-8.0086	Denial, Suspension, Revocation of License and Imposition of Fines (Repealed)
59A-8.0095	Personnel
59A-8.0185	Personnel Policies (Repealed)
59A-8.020	Acceptance of Patients or Clients
59A-8.0215	Plan of Care
59A-8.022	Clinical Records
59A-8.027	Emergency Management Plans

PURPOSE:

The purpose of the rule revisions is to conform the rules to changes made to Chapter 400, Part IV, Florida Statutes, by the 2005 Florida Legislature in Chapter 2005-243, Laws of Florida; to make improvements to criteria for emergency management plans; to add a retention period for personnel records; to remove the requirement for training homemakers and companions for consistency among programs; to replace the schedule for the frequency of periodic licensure surveys due to budget constraints; and to clarify the financial schedules needed for applications for changes of ownership and for applications for renewal of licenses when there is evidence of financial instability.    The effect will be updated rules that conform to state law; an updated licensure fee for the two-year license based on the same amount per year; a revised renewal licensure application that collects annual patient admissions; one less financial schedule to be completed for change of ownership applications and an additional financial schedule for renewal applicants with evidence of financial instability; a uniform emergency management plan format for home health agencies that includes planning for patients in residential facilities; no requirements for training homemakers and companions consistent with the registered homemaker companion services; and the addition of a one-year retention period for personnel records.

SUMMARY:

The rules are being updated due to the changes to Chapter 400, Part IV, Florida Statutes, made by the 2005 Florida Legislature in Chapter 2005-243, Laws of Florida.  These changes are: adding that advanced registered nurse practitioners and physician assistants may also sign treatment orders and eliminating the 30 day requirement for signature; revising the amount of the licensure fee since the licensure period was increased from one to two years; changing the due date for renewal applications from 90 days to 60 days prior to expiration of the license; deleting the late application fine in rule since it was placed in law; updating the renewal application form to include an item to collect volume data and clarify existing items; updating the date for screening staff that have been continuously employed; updating the rule on exempting accredited home health agencies from licensure surveys; and removing the requirement for an alternate director of nursing.   In addition, the following changes were made: the periodic licensure survey cycle was replaced with the requirement to survey no later than 36 months; one of the financial schedules was removed from the change of ownership application requirements and a financial schedule was added for renewal applicants that have evidence of financial instability; the requirement for training homemakers and companions was removed to be consistent with the homemaker companion registration program; a one-year retention period was added for personnel records; and the emergency management plan criteria form was replaced with a standard plan format and the emergency management plan rule includes patients residing in assisted living facilities and adult family care homes.  Addresses and legal references are also updated and the newer version of the Agency’s background screening form is referenced.

RULEMAKING AUTHORITY:

400.497 FS., 400.471 FS., 400.492 FS., 400.487 FS.

LAW:

400.497 FS., 400.462 FS., 400.464 FS., 400.471 FS., 400.487 FS., 400.492 FS., 400.512 FS.

PRINT PUBLISH DATE:

3/24/2006 Vol. 32/12

COMMENTS:

From 3/24/2006 To 4/14/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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