23502244, 65GER20-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 23502244

Notice of Emergency Rule

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Agency for Persons with Disabilities

Overview

RULE:

65GER20-1

Mandatory Testing for Specific Agency-Licensed Facilities

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The Novel Coronavirus Disease 2019 (COVID-19) is a severe respiratory illness that can spread among humans through respiratory transmission. In late 2019, a new and significant outbreak of COVID-19 emerged in China and the World Health Organization declared COVID-19 a Public Health Emergency of International Concern. According to the Centers for Disease Control and Prevention (CDC), people at risk for serious illness from COVID-19 include individuals with underlying chronic medical conditions. Underlying chronic medical conditions are more likely to occur in people with developmental disabilities (DD) such as down syndrome, cerebral palsy, and autism, according to studies such published in the Disabilities and Health Journal.*
On March 1, 2020 Governor Ron DeSantis issued Executive Order 20-51 declaring a Public Health Emergency exists in the State of Florida as a result of COVID-19. On March 7, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency in the State of Florida as a result of COVID-19. On March 9, 2020, Florida Governor Ron DeSantis declared a state of emergency in Florida. On March 15, 2020, the State Coordinating Officer, at the direction of the Governor, restricted visitation to congregate care facilities, including the Agency’s licensed facilities.
On July 7, 2020, Governor DeSantis extended the state of emergency for another 60 days.
The CDC further instructs facilities to, among other things, 1) Keep COVID-19 from entering the facility and 2) Identify the infection early. The COVID-19 virus can manifest as asymptomatic in positive individuals and the live, contagious coronavirus can shed at high concentrations before symptomatic development resulting in spread of the infection. Due to the congregate nature of group homes, the increased risk of transmission of COVID-19 is high. Thehighly transmissible nature of COVID-19 combined with the congregate nature of the group home settings and the close and personal contact that many facility staff have with the patients puts both residents and staff at a high risk of infection. Combining the high risk of group home settings with the risk posed by positive, asymptomatic staff creates a potential for sudden outbreaks in group homes. A single positive staff member in a facility can cause an outbreak resulting in the hospitalization and death of many vulnerable residents. If the staff member works at multiple facilities, this can result in facility-to-facility spread. Early identification of positive cases in long-term care facilities allows the state to implement immediate action to control outbreaks and avoid the loss of life. Given the above, this emergency rule establishes a requirement that group home settings must not admit any staff who have not been tested for COVID-19. Additionally, group homes must also require all facility staff to be tested for COVID-19 every two (2) weeks with testing resources provided by the state. Prompt implementation of this rule is necessary to ensure the health, safety and welfare of residents and staff in Florida’s APD licensed residential facilities.
*Margaret A. Turka, Scott D. Landes, Margaret K. Formica, et al., Intellectual and developmental disability and COVID-19 case-fatality trends: TriNetX analysis, (May 24, 2020) SCIENCEDIRECT, https://www.sciencedirect.com/science/article/pii/S1936657420300674#!.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The procedure used to adopt this emergency rule is fair as the State of Florida is under a declaration of emergency due to the outbreak of COVID-19. This emergency rule is necessary and fair to ensure the health, safety, and welfare of the facility residents due to such an emergency. This emergency rule process provides at least the procedural protection given by other statutes, the State Constitution, or the United States Constitution because of the Legislative grant of authority to the Agency to regulate the conduct of group home operators to ensure the health safety and welfare of their residents, and the grant of authority to the Governor as the director of response to this emergency. The rule takes only that action necessary to protect the public interest under the emergency procedure by targeting the potential source of introduction to the facility only.

SUMMARY:

This emergency rule requires staff and household members of APD facilities to be tested for COVID-19 every two weeks and receive negative tests before being permitted entry to the facility serving persons with developmental disabilities. In addition, the APD facilities must maintain documentation of such.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Danielle Thompson, Agency for Persons with Disabilities, Senior Attorney
4030 Esplanade Way, Suite 335, Tallahassee, FL 32399-0950
(850) 922-4556
Danielle.Thompson@apdcares.org

PRINT PUBLISH DATE:

8/5/2020 Vol. 46/152

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=65GER20-1&PDate=8/5/2020&Section=4

REFERENCE MATERIALS:

No reference(s).

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