8890843, 59A-8.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8890843

Notice of Proposed Rule

Department:

AGENCY FOR HEALTH CARE ADMINISTRATION

Division:

Health Facility and Agency Licensing

Chapter:

MINIMUM STANDARDS FOR HOME HEALTH AGENCIES

Overview

RULE:

59A-8.002	Definitions
59A-8.003	Licensure Requirements
59A-8.004	Licensure Procedure (Repealed)
59A-8.008	Scope of Services
59A-8.0086	Denial, Suspension, Revocation of License and Imposition of Fines (Repealed)
59A-8.0095	Personnel
59A-8.0185	Personnel Policies (Repealed)
59A-8.020	Acceptance of Patients or Clients
59A-8.0215	Plan of Care
59A-8.022	Clinical Records
59A-8.0245	Advance Directives
59A-8.027	Emergency Management Plans

PURPOSE:

The purpose is to provide new rules for oversight by the director of nursing and the use of a recent unannounced licensure survey related to a licensure application for a change of ownership as required in Sections 400.497(5) and (6), F.S.; to provide a rule on the submission of the quarterly report required in Section 400.474(6)(f), F.S.; to update the statutory references in the rule and forms referenced to conform to current statutes, and remove items that are now in Florida Statutes and Chapter 59A-35, F.A.C.; to revise personnel rules to conform to state practice act rules for included professions; to clarify the wording of the rule on health statements and refer to communicable disease that can be spread by casual contact; to require a photo identification tag for staff that have contact with patients in order to protect patients and avoid persons wrongfully representing themselves as someone they are not; to remove rubber stamped signatures for physicians to prevent fraud; and to include minimum requirements for home health aide, certified nursing assistant, homemaker and companion client records and service provision plans which are less than the requirements for clinical records and plans of care for patients receiving nursing and therapy.

SUMMARY:

Rule 59A-8.002, F.A.C., adds the definition of temporary basis used in the definition of staffing in Section 400.462, F.S., and deletes two definitions that are now covered in state law.
Paragraph 59A-8.003(6)(c), F.A.C., adds that changes of ownership will demonstrate compliance with state laws by an unannounced inspection as required in Section 400.497(6), F.S. Subsection 59A-8.003(14), F.A.C., adds how home health agency quarterly reports are submitted to the Agency for Health Care Administration. Rule 59A-8.003, F.A.C., also clarifies that satellite offices are expected to meet the law and rule requirements of home health agency offices and that training of home health agency staff may be done at drop-off sites.
Rule 59A-8.004, F.A.C., removes the application forms and licensing procedures, including background screening, and refers to Rules 59A-35.060 and 59A-35.062, F.A.C., and Section 408.809, F.S. that now contain uniform health care licensing procedures for the Agency. A form for attestation of compliance with the 10-mile distance requirement in Section 400.471(7), F.S., is added.
Rule 59A-8.008, F.A.C., adds that when a home health agency provides staffing services, the staff are assigned to patients and supervised by the requesting facility or entity.
Rule 59A-8.0086, F.A.C., on denial, suspension, revocation of licenses and imposition of fines is proposed to be repealed since the contents are now in state law. Fine amounts are now in Sections 400.474 and 400.484, F.S. Denial, suspension, and revocation of licenses are now in Sections 408.806(3), 400.474, 400.484, 408.813, 408.814, and 408.815, F.S.
Rule 59A-8.0095, F.A.C., updates and adds to the requirements for various types of personnel. The administrator shall be responsible for the overall operation of the home health agency. Additional oversight by the director of nursing is added as required in Section 400.497(5), F.S. The home health aides and certified nursing assistants section adds patient care tasks that can be done related to elimination, adds that client records include the tasks performed and any changes observed in the client, and clarifies that demonstration cardiopulmonary resuscitation can still be performed is required when renewing CPR certification. The nurses, physical therapist and occupational therapist sections add that services will be provided in compliance with the state practice acts and rules. The physical therapist and occupational therapist sections clarify supervisory requirements for therapy assistants. The one year of experience requirement for physical therapists and physical therapist assistants is removed. For homemakers and companions minimum requirements for work records are added and clients may be verbally reminded to take their medications. Each home health agency will have a process to verify that services were provided.
Rule 59A-8.0185, F.A.C., clarifies that personnel policies also apply to contracted staff and independent contractors, not just employees. The health statement requirement is updated to clarify that persons are to be free from communicable disease that can be casually transmitted. The requirement for a biennial course on HIV and AIDS is replaced with a one-time course since the state law changed. A photo identification tag that identifies the employee, independent contractor and contracted staff is required.
Rule 59A-8.020, F.A.C., deletes that the written agreement can be the service provision plan required in Section 400.491(2), F.S. since the written agreement does not have sufficient information.
Rule 59A-8.0215, F.A.C., adds the minimum content for the service provision plan for clients that are only receiving home health aide, certified nursing assistant, homemaker, or companion services; and permits the client to participate in the planning of his or her services and receive a copy of the plan. The rule also adds that plans of care and service provision plans must be individualized based on each patient or client’s needs, strengths, limitations and goals.
Rule 59A-8.022, F.A.C., adds the minimum content required in service records. Home health agencies that provide services under contract for patients admitted by another agency should have a copy of the records for the visits made by their staff and a copy of the plan of care or services provision plan. Rubber stamp signatures for physicians can no longer be used.
Rule 59A-8.0245, F.A.C., revises the date and web site address for the “Health Care Advance Directives – The Patients’ Right to Decide.”
Rule 59A-8.027, F.A.C., updates the emergency management plan format to include the title “safety liaison” as the primary contact per Section 408.821, F.S. and include caregivers remaining with patients at special needs shelters per the Department of Health.
Other minor changes are made to update the Agency’s web site address and licensing unit name, and update the numbering of law sections to conform to law changes.

RULEMAKING AUTHORITY:

400.497 FS.

LAW:

400.497(5)(6), 400.474(6)(f) FS.

PRINT PUBLISH DATE:

7/16/2010 Vol. 36/28

COMMENTS:

From 7/16/2010 To 8/6/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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