55-11.002: Policies
55-11.003: Definitions
55-11.005: Admission Eligibility
55-11.008: Residents' Contribution to Support
55-11.010: Residents' Deposits of Money
55-11.011: Residents' Deposits of Personal Property
55-11.012: Vocational Rehabilitation and Work Incentive Programs
PURPOSE AND EFFECT: To conform rules to current Florida Statutes.
SUMMARY: Veterans’ Domiciliary Home of Florida.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 296.04(2) FS.
LAW IMPLEMENTED: 296.02, (2), 296.04(1), (2), (6), 296.06, (1), (2), 296.07, 296.08, 296.10(1), 296.11(3), 296.12, 296.13, 296.14, 296.17, 400.402 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ron Lynn, (850)487-1533
THE FULL TEXT OF THE PROPOSED RULE IS:
55-11.002 Policies.
(1) The Veterans’ Domiciliary Home of Florida shall be maintained to provide domiciliary care, i.e., shelter, sustenance and incidental medical care on an ambulatory self or temporarily assisted care basis for eligible veterans who are suffering from a disability, disease or defect that incapacitates the resident from earning a living, but who are not in need of hospitalization or nursing care services, to attain physical, mental and social well-being through special rehabilitative programs to restore residents to their highest level of functioning. The Domiciliary Home is also licensed to provide extended congregate care for eligible veterans.
(2) Resident’s shall be admitted into the home without regard to race, age, gender, sex, creed, religion, national origin, or any other reason that would thereby create a practice of discrimination. However, an applicant’s veteran status shall not constitute discrimination.
(3) The Department will operate the homes in compliance with the standards prescribed by the VA; and with all applicable provisions of Part I, Chapter 429, Florida Statutes, and the state regulatory standards to the extent that such provisions are not contravened by a provision of Part I, Chapter 296, Florida Statutes. Where the standards of the state are more restrictive than the standards of the VA, the standards of the state shall apply.
Specific Authority 296.04(2) FS. Law Implemented 296.02(2), 296.06(1) FS. History–New 5-29-90, Amended 11-19-92, 10-27-94, 12-27-98,_________.
55-11.003 Definitions.
(1) “Administrator” means the person appointed to serve as the chief executive of the home.
(2) “Applicant” means a veteran with peacetime or wartime service as defined in subsections (12) and (18) (17) herein, who is not in need of hospitalization or nursing home care.
(3) Assisted Living Facility has the meaning given to that term under Sections 429.01 400.401 and 429.02(6) 400.402, F.S.
(4) “Department” means the Florida Department of Veterans’ Affairs.
(5) “Director” means the executive director of the Florida Department of Veterans’ Affairs.
(6) “Domiciliary care” means shelter, sustenance, and incidental medical care provided on an ambulatory self or temporarily assisted care basis for eligible veterans who are disabled by age or disease, but who are not in need of hospitalization or nursing home care services, and includes extended congregate care.
(7) “Extended Congregate Care” means the definitions given in Section 429.02(12), 400.402, Florida Statutes.
(8) “Incidental medical care” means medical care provided by the Domiciliary Home that meets the minimum standards required by the United States Department of Veterans’ Affairs, Veterans Health Services and Research Administration Manual M-5, Part VIII, Chapter 2, dated November 4, 1992, incorporated by reference in this rule.
(9) Interdisciplinary Team – A group of professionals consisting of a Director of Nursing, senior registered nurse supervisor, social worker, physician, rehabilitation therapist and dietician who develop a service plan for each resident, and make recommendations to the Administrator for implementing the service plan.
(10) “Interdisciplinary written treatment plan” means the written plan which sets forth each resident’s emotional, behavioral, rehabilitation and physical goals as established by staff disciplines representing medical, nursing, dietetics, social service and rehabilitation.
(11) Mentally ill means impairment of the emotional process of the ability to exercise conscious control of one’s actions, or of the ability to perceive reality, or to understand, which impairment substantially interferes with a person’s ability to meet the ordinary demands of living and which impairment cannot be controlled by medication.
(12) “Peacetime service” means service in the active military, naval, or air service by any person who was discharged or released therefrom under honorable conditions and said service was not during a wartime era as defined in subsection (18)(17) herein.
(13) “Personal Needs Allowance” means money belonging to the resident for personal needs, and is received monthly. Rate is calculated on an annual basis by the Administrator in accordance with Section 296.10(1)(b), F.S. and in accordance with Title II of the Social Security Act, 42 U.S.C. ss. 401 et seq. (Base rate of $100 plus annual cost-of-living adjustments from January 1, 2004 to present).
(14)(13) “Property” means equipment, fixtures and other tangible personal property of a nonconsumable and nonexpendable nature the value or cost of which is $1000 $500 or more and the normal expected life of which is one year or more, and hardback-covered bound books the value or cost of which is $250 $100 or more, owned by the state.
(15)(14) “Resident” means any eligible veteran admitted to live in the Veterans’ Domiciliary Home of Florida.
(16)(15) “VA” means the United States Department of Veterans’ Affairs.
(17)(16) “Veterans’ Domiciliary Home of Florida,” hereinafter referred to as the “home” means a home established by the state for peacetime and wartime veterans, as defined in subsections (12) and (18)(17) herein, and maintained for the use of those veterans not in need of hospitalization or nursing home care, are in need of assisted living care, and who are ambulatory, can substantially attend to their personal needs, dress themselves, and attend a general dining facility, or who are in need of extended congregate care.
(18)(17) “Wartime service” has the meaning given to that term under Section 1.01(14), F.S. means service in the active military, naval, or air service by any person who was discharged or released therefrom under honorable conditions only, or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the VA on individuals discharged or released with other than honorable discharges, provided that such veterans served during one of the following periods of wartime service:
(a) Spanish-American War: April 21, 1898, to July 4, 1902, and including the Philippine Insurrection and the Boxer Rebellion.
(b) Mexican Border Period: May 9, 1916, to April 5, 1917, in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the waters adjacent thereto.
(c) World War I: April 6, 1917, to November 11, 1918; extended to April 1, 1920, for those veterans who served in Russia; also extended through July 1, 1921, for those veterans who served after November 11, 1918, and before July 2, 1921, provided such veterans had at least 1 day of service between April 5, 1917, and November 12, 1918.
(d) World War II: December 7, 1941, to December 31, 1946.
(e) Korean Conflict: June 27, 1950, to January 31, 1955.
(f)
(g) Persian Gulf War: August 2, 1990, and ending on the date thereafter prescribed by presidential proclamation or by law.
Specific Authority 296.04(2) FS. Law Implemented 296.02, 296.04(1), 296.06, 296.17 FS. History–New 5-29-90, Amended 11-19-92, 3-31-94, 10-27-94, 12-27-98,_________.
55-11.005 Admission Eligibility.
(1) To be eligible for residence, a veteran must:
(a) Have wartime or peacetime service as defined in subsection 55-11.003(18)(17) or (12), F.A.C., of this chapter of the rules;
(b) Have been discharged or released from such service under honorable conditions or later received an upgraded discharge under honorable conditions;
(c) Be a resident of the state at time of application, and for the 1 year immediately preceding application; and
(d) Not owe money to the Department for services rendered during any previous stay at a Department facility.
(2) The veteran applicant must not be mentally ill, habitually inebriated or addicted to the use of a controlled substance. A resident of the home who is discharged or voluntarily leaves the home because of mental illness, inebriation or addiction shall be referred by the home to the appropriate federal, state or county agency available for the treatment of such condition.
(3) The veteran applicant must not be in need of hospitalization or nursing home care and must need assisted living care and be ambulatory, substantially able to attend to personal needs, dress, groom, and attend a general dining facility or be in need of extended congregate care.
(4) Criteria for admission to the domiciliary home must be consistent with the admission requirements for assisted living facilities set forth in Rule 58A-5.0181, F.A.C., said criteria are incorporated by reference in this rule section.
(5) Before admission each applicant must apply for a certificate of eligibility. To secure a certificate of eligibility the applicant must complete the Application for Certificate of Eligibility along with all required supporting documentation. The application forms can be obtained from any of the following:
(a) Robert H. Jenkins, Jr. Veterans’ Domiciliary Home of Florida, 751 S. E. Sycamore Terrace, 1300 Sycamore Lane, Lake City, Florida 32025 32055.
(b) Florida Department of Veterans’ Affairs, 9500 Bay Pines Blvd., Room 214, St. Petersburg, FL 33708 Bay Pines, FL 33504.
(c) Florida Department of Veterans’ Affairs Field Services Offices in VA Medical Centers or Outpatient clinics located at Bay Pines, Gainesville, Lake City, Miami, Tampa, Daytona Beach, Orlando, Jacksonville, Viera, West Palm Beach, Tallahassee, Fort Myers, Port Richey, Riviera Beach, Pensacola and Oakland Park or the Veterans’ Nursing Homes of Florida in Daytona Beach, Land O’Lakes, Springfield, Port Charlotte and Pembroke Pines. Consult the local telephone directory for the address of the nearest office.
(d) County or City Veteran Service offices located in counties throughout
(6) The Application for Certificate of Eligibility consists of the following forms which are hereby incorporated by reference.
(a) Veterans’ Domiciliary Home of Florida Application for Certificate of Eligibility (FDVA Form 10), dated June 1997.
(b) Department of Veterans’ Affairs State Home Program Application for Veterans Care Medical Certification (VA Form 10-10SH), dated July 1998 or current version. Medical Certificate (VA Form 10-10m), dated March 1992.
(c) Department of Veterans’ Affairs Authorization to Release of Medical Records or Health Information (VA Form 10-5345), dated March 2003 or current version. Request for and Consent to Release of Information from Claimant’s Records (VA Form 70-3288), dated December 1988.
(d) Department of Elder Affairs, DOEA Form 1823, dated January 2006, October 1995, Health Assessment for Assisted Living Facilities.
(e) A legible copy of the applicant’s Certificate of Release or Discharge from the U.S. Armed Services or a legible copy of a U.S. Department of Veterans’ Affairs Hospital Inquiry Screen must also be included.
(7) The fully completed Application for Certificate of Eligibility along with all required supporting documentation must be forwarded to the home at the address set forth at subparagraph (5)(a)(4)(a)1. herein. Incomplete applications will receive a denial of the Certificate of Eligibility after thirty days. be returned to the applicant.
(a) The completed application will be reviewed by an Admissions Committee consisting of a representative of Business Services, a representative of Health Services and a representative of Social Services. The Business Services representative will be the Business Manager or designee; the Health Services representative will be the Physician and Director of Nursing or Nurse Specialist or designee and the Social Services Representative will be the Social Human Services Worker Counselor Supervisor or designee.
(b) The Admissions Committee will review the application and make a recommendation to the Administrator as to the action to be taken.
Specific Authority 296.04(2) FS. Law Implemented 1.01(14), 296.02(6), 296.04(2), 296.06(2), 296.07, 296.08 FS. History–New 5-29-90, Amended 3-31-94, 10-27-94, 12-27-98, 12-28-04,_________.
55-11.008 Residents’ Contribution to Support.
(1) Every resident who receives income from any source, including pension, compensation or gratuity from the United States government of more than the current personal needs allowance, $100 per month, shall contribute to his or her maintenance and support while a resident of the home to the fullest extent possible.
(a) Income from any source is income over which the veteran has control and can exercise discretion.
(b) Pension, compensation or gratuity from the United States Government is the amount paid to the veteran as a single person. Additional amounts paid for a spouse or other dependents are not considered.
(c) A resident’s income shall include all income from any source, plus any pension, compensation or gratuity from the United States Government, minus the current personal needs allowance $100. Upon the recommendation of the Administrator, and with the approval of the Director, a resident may be allowed to retain some additional amount on a temporary basis, when necessary due to exceptional or unusual personal health needs of the resident.
(d) As a condition for acceptance to residency in the home, and at the time of admission to the home, a resident will be required to authorize the Administrator to verify the resident’s income.
(2) The Administrator shall determine the amount of the required contribution of each resident of the home based on the daily cost of care in the home.
(a) The daily cost of care is calculated by dividing the total expenditures of the home for the period for which the calculation is being made by the estimated total number of days in the period that residents will occupy beds in the home (average daily census).
(b) The daily cost of care will be calculated annually based on the calendar year (January 1 through December 31), except that if the average daily census changes by 10%, up or down, for the immediately preceding 3 calendar month period, the Administrator may shall recalculate the daily cost of care based on the revised average daily census figure.
(c) The resident’s required contribution may shall be adjusted, up or down, on the first day of the month following the month in which the recalculation of the daily cost of care occurs has occurred.
(3) The VA contribution is the amount of VA per diem payment to the home for those residents determined by the VA to be eligible to receive such assistance.
(4)(a) The required contribution for a resident who is eligible for the VA contribution is the daily cost of care as calculated under paragraph (2)(a) herein, not to exceed the amount of the resident’s income as calculated under paragraph (1)(c) herein.
(b) The required contribution for a resident who is not eligible for the VA contribution is the daily cost of care as calculated under paragraph (2)(a) herein.
(5) Upon admission, the resident shall pay in full, in advance, the pro-rata share of the resident’s contribution for the remainder of the calendar month during which the resident is admitted.
(6) Each resident shall pay the full amount of the resident’s contribution for each calendar month, in advance, by the fifth business day of the month. A resident who does not have income eligible for co-payment and is physically able to work will be required to participate in the Work Incentive Therapy Program. In the event the resident is discharged for any reason before the end of the month, a pro-rata portion of the resident’s contribution for the month shall be refunded to the resident.
(7) Failure to pay the required contribution will be cause for the Administrator, subject to the approval of the Director, to dismiss the resident from the home.
Specific Authority 296.04(2) FS. Law Implemented 296.04(6), 296.10(1) FS. History–New 5-29-90, Amended 3-31-94, 1-25-96, 12-27-98, 7-26-00,_________.
55-11.010 Residents’ Deposits of Money.
(1) The Veterans’ Domiciliary Home of Florida Residents’ Deposit Trust Fund is established at
(2) A resident may voluntarily deposit moneys with the home at no charge to be made of the resident by the home.
(a) If any interest is earned on the residents’ deposits, the interest shall be deposited to the Residents’ Deposit Trust Fund. Money deposited and any interest earned may be withdrawn, in whole or in part, at the will of the resident. Upon the resident’s death, money deposited and any interest earned will be distributed in accordance with Chapter 296.12(2), F.S. All interest earned on the residents’ deposits shall be deposited to the Grants and Donations Trust Fund to be expended for the common benefit of the residents of the home, such as improved facilities, recreational equipment and recreational supplies subject to the requirements of Chapter 216, F.S.
(b) Each resident desiring to make a deposit of funds to the Residents’ Deposit Trust Fund shall be informed of the above provision.
(3) Such moneys as a resident may have on deposit with the Residents’ Deposit Trust Fund may be withdrawn, in whole or in part, at the request of the resident. A resident who requests a withdrawal between 9:00 a.m. and 3:00 p.m. on any weekday, excluding holidays observed by state employees, will be allowed to withdraw in cash a sum of money up to $150.00. A resident who requests a withdrawal of more than $150.00, 11:00 a.m. on any weekday, excluding holidays observed by state employees, will, by 2:00 p.m. of the day of the request is made, receive a check payable to the resident drawn on the Trust Fund. Except in an emergency, requests made after 11:00 a.m. will be processed handled on the next regular workday weekday.
(4) Upon a resident leaving the home, if such moneys are not withdrawn by the resident at the time of departure, they shall be held in the Trust Fund for a period of 3 years, unless withdrawn by the resident or demanded by a legal representative or heir of the resident in the event of the death of the resident.
(a) Upon the death of a resident who died intestate, the Administrator is empowered to:
1. Disburse funds of the deceased resident for payment of the resident’s funeral expenses.
2. Upon proof determined by the Administrator to be proper to adequately identify the heirs of the deceased resident without probate proceedings, the Administrator shall pay to the heirs any balance of moneys held by the home.
(5) If after 3 years the resident does not demand the funds that were not withdrawn at the time of departure, or, if after the death of a resident or former resident who still has funds on deposit, no heirs who are entitled to the whole of such funds are discovered within 1 year after the death of the resident, then such remaining funds shall be deposited paid to the state as provided in Chapter 717, F.S.
Specific Authority 296.04(2) FS. Law Implemented 296.11(3), 296.12, 296.13 FS., as amended by Chapter 92-80, Laws of
55-11.011 Residents’ Deposits of Personal Property.
(1) Any resident of the home may deposit articles of personal property, other than money, with the Administrator for safekeeping by the home.
(a) An itemized record of the deposit of such articles of personal property shall be maintained by Business Services. This record shall contain:
1. The full name of the resident depositing the property.
2. The date of deposit of the property.
3. A description of each article of property with sufficient detail so as to make possible the identification of the article or articles deposited.
4. A statement of the resident as to the estimated value of each article deposited. If the resident assigns a value of $500 or more to an article to be deposited with the home, an independent appraisal by a qualified appraiser must be furnished by the resident substantiating the value of the article.
5. The disposition made of the property and the date such disposition was made.
(2) Property deposited with the home shall be returned on demand, upon the resident executing a written acceptance, acknowledging the return of such property.
(3) If such property is not claimed by the resident at the time of leaving the home, or if the resident is deceased, it will be held for safekeeping as unclaimed personal property for up to one year from the date of the resident’s demise or departure from the home. The Administrator may will make a reasonable monthly storage charge for the safekeeping of such unclaimed property which shall become a lien upon the property if not paid.
(4) Upon proof of identity, the Administrator shall release the property to the resident’s heirs, devisees or legatees.
(5) When the value of such articles of unclaimed property exceeds the probable cost of a public sale, the Administrator shall cause a public sale to be held to dispose of the unclaimed articles. All storage charges and costs of sale shall be reimbursed to the Operations and Maintenance Trust Fund of the home, and any remaining unclaimed funds shall be disposed of as provided in Chapter 717, F.S.
Specific Authority 296.04(2) FS. Law Implemented 296.14 FS. History–New 5-29-90, Amended 3-31-94, 12-27-98, 7-26-00,_________.
55-11.012 Vocational Rehabilitation and Work Incentive Programs.
(1)(a) It is the purpose of the vocational rehabilitation program, as set forth in 38 C.F.R. 17.217(j), dated July 1, 1997, to afford the resident an opportunity to gain employment outside the home as a part of the therapeutic rehabilitation of the resident; to assist the resident to become a self-sufficient and productive member of society, able to live in a noninstitutional setting.
(b) The work incentive program will afford the resident the opportunity to work at the home and be compensated for rendering assistance in the care of the home and grounds.
(2) A resident must have his or her participation in these programs approved as a part of the resident’s written interdisciplinary treatment plan.
(3)(a) After the approval of the resident’s participation in the vocational rehabilitation program has been entered into the resident’s interdisciplinary treatment plan, and if the resident does not have a job, he/she may shall be referred to the area Agency for Workforce Innovation Florida Department of Labor and Employment Security Job Service for an assessment of the resident’s skills and abilities.
(b) The resident may shall be assisted in securing employment appropriate to the resident’s skills, abilities and physical condition by the U.S. DVA Rehabilitation Programs Disabled Veteran Outreach Program (DVOP) or Local Veterans Employment Representative (LVER) personnel.
(4)(a) After the approval of the resident’s participation in the work incentive program is has been entered into the resident’s interdisciplinary treatment plan, the interdisciplinary team shall determine the type of work the resident may be qualified and capable of performing and refer the resident to the home personnel office for processing. Work incentive positions will be filled based on recommendations from the interdisciplinary team and available work incentive position vacancies.
(b) The personnel office will process the employment package based on the interdisciplinary team’s recommendation of shall assess the resident’s skills and abilities and determine the appropriate kind of work to which the resident can be assigned. The employment package will be processed in accordance with the personnel policies of the Florida Department of Veterans’ Affairs.
(c) The resident may shall be assigned to work that renders assistance in the care of the home and grounds that is consistent with the resident’s skills, abilities and physical condition.
(5) The resident’s continued participation in these programs shall be contingent on the employment being compatible with the resident’s interdisciplinary treatment plan and the resident’s continued observance of all the rules governing the preservation of order and discipline in the home as set forth at Rule 55-11.009, F.A.C., herein.
(6) When available, transportation to and from employment in the local community will be provided by the home for the first thirty (30) days of employment. Thereafter, the resident will be responsible for arranging his own transportation.
(6)(7) The resident’s contribution to his or her support while employed under either program, shall be in accordance with the schedule of payment determined by the Administrator and approved by the Director, to be computed at fifty percent (50%) of the resident’s net earnings after taxes and after the set aside of the personal needs allowance, first $100 per month, not to exceed the resident’s required contribution based on the daily cost of care as calculated in subsection 55-11.008(2), F.A.C., herein. Payments toward a resident’s contribution for support will be due within five (5) business days after each pay period. The resident is required to authorize the Administrator of the home to secure from the employer sufficient information to verify the resident’s earnings under the program.
(7)(8) The Inter-Disciplinary Team must approve a resident’s Vocational Rehabilitation Program which shall be for a maximum period of three (3) months prior to a discharge to independent living.
Specific Authority 296.04(2) FS. Law Implemented 296.04(6), 296.10(1), 296.17, 400.402 FS. History–New 6-25-91, Amended 3-31-94, 12-27-98,_________.