13750543, 59A-4.103 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13750543

Notice of Development of Rulemaking

Department:

AGENCY FOR HEALTH CARE ADMINISTRATION

Division:

Health Facility and Agency Licensing

Chapter:

MINIMUM STANDARDS FOR NURSING HOMES

Overview

RULE:

59A-4.103	Licensure, Administration and Fiscal Management
59A-4.106	Facility Policies
59A-4.107	Physician Services
59A-4.1075	Medical Director
59A-4.108	Nursing Services
59A-4.109	Resident Assessment and Care Plan
59A-4.110	Food and Nutrition Services
59A-4.112	Pharmacy Services
59A-4.118	Medical Records
59A-4.122	Physical Environment and Physical Maintenance
59A-4.123	Risk Management and Quality Assurance
59A-4.126	Disaster Preparedness
59A-4.128	Evaluation of Nursing Homes and Licensure Status (Repealed)
59A-4.1288	Exception (Repealed)
59A-4.130	Fire Prevention, Fire Protection, and Life Safety, Systems Failure and External Emergency Communications
59A-4.133	Physical Plant Codes and Standards for Nursing Homes
59A-4.134	Plans Submission and Fee Requirements
59A-4.150	Geriatric Outpatient Clinic
59A-4.165	Nursing Home Guide
59A-4.202	Quality of Care
59A-4.204	Turnover Ratio
59A-4.206	Termination and Frequency of Review

PURPOSE:

The purpose of the rule development is to update rule language to comport with authorizing statutes, revise technical errors and update references.

SUBJECT:

The Agency proposes to amend Rule 59A-4.103, F.A.C., to include specifications regarding the issuance of partial inactive licenses for alternative uses pursuant to Section 400.0712, Florida Statutes (F.S.). Other changes to this section include the incorporation of modifications to the licensure application and technical changes clarifying the submission process for required reports to the Agency.  Amendments to Rule 59A-4.106, F.A.C., include providing a web address for obtaining transfer and discharge forms, deleting a reference to services provided by the Department of Children and Families, incorporating references to federal guidelines and providing a specific address to obtain copies of “Health Care Advance Directives.”  Amendments to Rule 59A-4.1075, F.A.C., include update of statutory references and technical changes.  Amendments to Rule 59A-4.108, F.A.C., updates statutory references for facility staffing in accordance with state law, and establishes requirements for requesting the use of licensed nurses to perform licensed nursing and certified nursing assistant’s duties.  Amendments to Rule 59A-4.109, F.A.C., include update of statutory references and technical changes.
Amendments to Rule 59A-4.110, F.A.C., include a change to the position title of director of food service and replace the outdated references to the Dietary Managers training and certification process. Amendments to Rule 59A-4.112, F.A.C., include changes to meet the statutory requirements of the Emergency Drug Kit.   Amendments to Rule 59A-4.118, F.A.C., include the removal of the requirement for nursing homes to contract with a medical records consultant and credentialing organizations.  Amendments to Rule 59A-4.122, F.A.C., includes details for the placement of a resident’s bed and further defines the requirement for a closet and comfortable room temperatures and physical plant maintenance.  Amendments to Rule 59A-4.123, F.A.C., eliminate the 1-day Adverse Incident Reporting and Form and provides for electronic submission of the 15-day Adverse Incident form.
Amendment to Rule 59A-4.126, F.A.C., provide language regarding the submission of the emergency management plan, testing of this plan, and procedures and notifications for evacuation, overcapacity and re-occupancy of the nursing home structure during a disaster.  An amendment to Rule 59A-4.128, F.A.C., removes the measurement of deficiencies in terms of scope and severity for state licensure.  Amendments to Rule 59A-4.1288, F.A.C., incorporate references to federal regulations established since 1991. Amendments to Rule 59A-4.130, F.A.C., provide revised language to conform to code edition changes and retain language not included in the Florida Building Code.  Amendments to Rule 59A-4.133, F.A.C., provides language to reference the Florida Building Code to conform to statutory changes, and deletes all other requirements.   Rule 59A-4.134, F.A.C., revises the requirements for construction plans submission to conform to codes and statutory changes. Amendments to Rule 59A-4.150, F.A.C., delete or correct several recurring or obsolete definitions and references throughout the section and add to the list of professionals authorized to staff a geriatric outpatient clinic. Amendments to Rule 59A-4.165, F.A.C., replace the reference to a 45-month reporting period in the Nursing Home Guide with language that cites the time period defined in Section 400.191, F.S.  Amendments to Rule 59A-4.202, F.A.C., removes the Nursing Home Guide ranking as a quality of care criteria for Gold Seal award.  Amendment to Rule 59A-4.204, F.A.C., removes reference to repealed language.  Amendments to Rule 59A-4.206, F.A.C., provides language to terminate Gold Seal award applicants upon the occurrence of a disqualifying event, filing of a petition of bankruptcy and fails to maintain a qualifying Quality of Care rank criteria.  Other revisions are made throughout the Chapter to correct technical errors and update references.

RULEMAKING AUTHORITY:

400.23, F.S.

LAW:

400.011, 400.022, 400.141, 400.142, 400.23, F.S.

PRINT PUBLISH DATE:

10/31/2013 Vol. 39/213

RELATED STATUTES
AND LAWS:

400.23, F.S., 400.011, 400.022, 400.141, 400.142, 400.23, F.S.

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://www.flrules.org/gateway/ruleno.asp?id=59A-4.103&PDate=10/31/2013&Section=1

REFERENCE MATERIALS:

No reference(s).

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