58L-1.008: Administrative Assessment
PURPOSE AND EFFECT: The purpose of the proposed rule is to develop procedures for administrative assessments in order to comply with Section 400.0071, F.S.
SUMMARY: The proposed rule addresses procedures for conducting administrative assessments, including an administrative assessment form incorporated by reference.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: This proposed rule will not have an impact on small employers as defined in Section 288.703, F.S.; therefore a statement of estimated regulatory costs has not been prepared. This proposed rule will not have an impact on small cities or counties as defined in Section 120.52, F.S.; therefore a statement of estimated regulatory costs has not been 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: 400.0071 FS.
LAW IMPLEMENTED: 400.0071, 400.0074 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: November 17, 2009, 10:00 a.m. – 11:00 a.m. EST
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 225F, Tallahassee, Florida 32399-7000
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 72 hours before the workshop/meeting by contacting: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Tallahassee, Florida 32399-7000; telephone: (850)414-2000; Email address: crochethj@elderaffairs.org. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Tallahassee, Florida 32399-7000; telephone: (850)414-2000; Email address: crochethj@elderaffairs.org
THE TEXT OF THE PROPOSED RULE IS ALSO AVAILABLE ON THE WEBSITE LISTED BELOW, ALONG WITH THE ADMINISTRATIVE ASSESSMENT FORM INCORPORATED BY REFERENCE (DOEA FORM LTC09-002), UNDER THE HEADING ENTITLED “LONG-TERM CARE OMBUDSMAN PROGRAM, RULE CHAPTER 58L-1, F.A.C. http://elderaffairs.state.fl.us/english/rulemaking.php
THE FULL TEXT OF THE PROPOSED RULE IS:
58L-1.008 Administrative Assessments.
This rule outlines procedures for conducting administrative assessments of long-term care facilities.
(1) MINIMUM ASSESSMENT REQUIREMENT.
Pursuant to Section 400.0074, F.S., all long-term care facilities must have at least one onsite administrative assessment conducted annually. For purposes of this rule, the annual period shall be the federal reporting year, which is October 1 through September 30.
(2) ASSESSMENT ASSIGNMENTS.
(a) By October 1 of each year, the DOM, or designee, must assign all facilities within his or her district to individual members of the local council to conduct administrative assessments by September 30 of the following year.
(b) The DOM, or designee, must keep original completed assessment forms in the district office and forward copies to the facility administrator and the local Agency for Health Care Administration field office within 30 calendar days after review and approval.
(3) ADMINISTRATIVE ASSESSMENT PROCESS.
Administrative assessments may include observations, interviews with residents and other individuals, and review of facility records as permitted in Section 400.0081, F.S. The assessment must focus on factors affecting residents’ rights, health, safety and welfare from residents’ perspectives.
(4) ADMINISTRATIVE ASSESSMENT FORM.
The results of an administrative assessment must be recorded on the DOEA Form LTCOP-0002,______2009, Administrative Assessment, which is incorporated by reference and available from the Department of Elder Affairs, Office of the State Long-Term Care Ombudsman, 4040 Esplanade Way, Tallahassee, Florida 32399-7000. The form may also be obtained from the following website: http://elderaffairs.state.fl.us/english/ruleform/LTCOP-002.doc.
(5) OMBUDSMAN RESPONSIBILITY.
At the conclusion of the assessment, the ombudsman must do the following:
(a) Conduct an exit interview with the facility administrator, or designee, to discuss preliminary identified problems, if any; and provide an opportunity for the administrator, or designee, to submit written comments within 3 calendar days after the exit interview in order to be included as part of the assessment record. The ombudsman must inform the administrator, or designee, that an official report of the findings will be submitted after review and approval by the DOM, or designee, pursuant to subsection (6) of this rule.
(b) Document the agreed upon preliminary remedial actions and preliminary target dates for such action to be completed, if any problems are identified during the assessment.
1. Preliminary identified problems, preliminary remedial actions and preliminary target dates must be recorded on the assessment form referenced in subsection (4) of this rule, a copy of which must be provided to the facility administrator, or designee, during the exit interview.
2. The ombudsman must inform the administrator, or designee, that an official report of the identified problems, remedial actions and target dates will be submitted after review and final approval by the DOM, or designee, pursuant to subsection (6) of this rule.
(c) Submit the administrative assessment form and documentation to the DOM, or designee, within 14 calendar days.
(6) DOM RESPONSIBILITY.
(a) The DOM, or designee, must review and approve the administrative assessment after the ombudsman completes the form.
1. As required by Section 400.0075(1)(a), F.S., within 14 calendar days after the DOM, or designee, receives the assessment form from the ombudsman, he or she must submit a written summary of the assessment to the facility, including any changes to the preliminarily agreed upon identified problems, remedial actions and target dates determined at the exit conference.
2. The written summary shall be the official administrative assessment.
3. The facility may submit written comments regarding the summary to the DOM, or designee, within 7 calendar days from the date on the summary letter.
(7) UNRESOLVED PROBLEMS.
If problems identified during an assessment remain unresolved, the ombudsman, the district long-term care ombudsman council and the State Long-Term Ombudsman Council, in consultation with the State Ombudsman, shall proceed with actions pursuant to Section 400.0075, F.S.
Rulemaking Authority 400.0071 FS. Law Implemented 400.0071, 400.0074 FS. History–New_________.