6509687, 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: 6509687

Notice of Development of Rulemaking

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-5.016	License Requirements (Transferred)
58A-5.0181	Admission Procedures, Appropriateness of Placement and Continued Residency Criteria (Transferred)
58A-5.0182	Resident Care Standards (Transferred)
58A-5.0183	Reports of Abuse in Facilities (Repealed)
58A-5.019	Staffing Standards (Transferred)
58A-5.0191	Staff Training Requirements and Competency Test (Transferred)
58A-5.025	Resident Contracts (Transferred)
58A-5.029	Limited Mental Health (Transferred)
58A-5.033	Administrative Enforcement (Transferred)

PURPOSE:

The purpose and effect of the proposed rule amendments is to add a definition of “department”; provide the address for facilities to obtain forms for licensure applications; include additional licensure requirements; include an additional requirement for determining continued residency and changes to AHCA Form 1823, which is incorporated by reference; include changes to resident care standards as in pertains to third party services; include posting of the work schedule for direct care staff as part of the staffing standards; include changes to staff training requirements, specifically HIV/AIDS, pursuant to Section 381.0035, F.S., and additional limited mental health training; include changes to the resident contract, specifically notification that the resident must be assessed for admission as well as for continued residency, requiring use of AHCA Form 1823 for the latter determination; include changes to require facilities to ensure that mental health residents receive appropriate services; and deletion of the use of a temporary license under administrative enforcement. The purpose and effect of a new rule is to outline procedures for advance directives and do not resuscitate orders.

SUBJECT:

New definition of “department”; address for facilities to obtain forms for licensure applications; additional licensure requirements; additional requirement for determining continued residency; changes to AHCA Form 1823, which is incorporated by reference; changes to resident care standards as in pertains to third party services; posting of the work schedule for direct care staff; changes to staff training requirements, specifically HIV/AIDS, and additional limited mental health training; notification that the resident must be assessed for admission as well as for continued residency, requiring use of AHCA Form 1823 for the latter determination; changes to require facilities to ensure that mental health residents receive appropriate services; deletion of the use of a temporary license; and procedures for advance directives and do not resuscitate orders.

RULEMAKING AUTHORITY:

429.07, 429.15, 429.178, 429.23, 429.24, 429.255, 429.26, 429.275, 429.41, 429.42, 429.52 FS.

LAW:

429.02, 429.04, 429.07, 429.075, 429.08, 429.11, 429.12, 429.14, 429.15, 429.17, 429.174, 429.176, 429.178, 429.19, 429.24, 429.255, 429.256, 429.23, 429.26, 429.27, 429.275, 429.28, 429.34, 429.41, 429.42, 429.44, 429.445, 429.47, 429.52 FS.

PRINT PUBLISH DATE:

12/12/2008 Vol. 34/50

RELATED STATUTES
AND LAWS:

429.07, 429.15, 429.178, 429.23, 429.24, 429.255, 429.26, 429.275, 429.41, 429.42, 429.52 FS., 429.02, 429.04, 429.07, 429.075, 429.08, 429.11, 429.12, 429.14, 429.15, 429.17, 429.174, 429.176, 429.178, 429.19, 429.24, 429.255, 429.256, 429.23, 429.26, 429.27, 429.275, 429.28, 429.34, 429.41, 429.42, 429.44, 429.445, 429.47, 429.52 FS.

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=58A-5.0131&PDate=12/12/2008&Section=1

REFERENCE MATERIALS:

No reference(s).

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