58A-5.024: Records
58A-5.0181: Residency Criteria and Admission Procedures
58A-5.0182: Resident Care Standards
58A-5.0191: Staff Training Requirements and Competency Test
PURPOSE AND EFFECT: The proposed rule amendments were developed in consultation with the Agency for Health Care Administration. Pursuant to Section 400.441(1)(l), F.S., the department is required to establish specific policies and procedures on resident elopement.
SUBJECT AREA TO BE ADDRESSED: Resident elopement policies and procedures as they relate to residency criteria and admission procedures, resident care standards, staff training requirement and competency test, and records.
SPECIFIC AUTHORITY: 400.407, 400.426, 400.441 FS.
LAW IMPLEMENTED: 400.402, 400.407, 400.4075, 400.426, 400.441 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: June 28, 2006, 9:00 a.m. – 10:30 a.m.
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 225F, Tallahassee, Florida 32399-7000
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jim Crochet, Office of the General Counsel, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, telephone (850)414-2000, E-Mail address: crochethj@elderaffairs.org.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
58A-5.0181 Residency Criteria and Admission Procedures.
(1) through (2) No change.
(3) ADMISSION PACKAGE.
(a) The facility shall make available to potential residents a written statement or statements which includes the following information. A promotional brochure prepared by the facility or a copy of the facility resident contract form used by the facility which contains all of the required information shall meet this requirement:
1. through 10. No change.
11. If the facility also has an extended congregate care program, the ECC program’s residency criteria, and a deion of the additional personal, supportive, and nursing services provided by the program, additional costs, and any limitations, if any, on where ECC residents must reside based on the policies and procedures described in Rule 58A-5.030, F.A.C.; and
12. If the facility advertises that it provides special care for persons with Alzheimer’s disease or related disorders, a written deion of those special services as required under Section 400.4177, F.S.; and
13. A copy of the facility’s resident elopement protocol.
(b) through (c) No change.
(4) through (5) No change.
Specific Authority 400.407, 400.426, 400.441 FS. Law Implemented 400.402, 400.407, 400.4075, 400.426, 400.441 FS. History–New 9-17-84, Formerly 10A-5.181, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.0181, Amended 10-30-95, 6-2-96, 10-17-99, _________.
58A-5.0182 Resident Care Standards.
An assisted living facility shall provide care and services appropriate to the needs of residents accepted for admission to the facility.
(1) through (5) No change.
(6) RESIDENT RIGHTS AND FACILITY PROCEDURES.
(a) through (d) No change.
(e) The facility shall have a written statement of its the facility’s house rules and procedures which shall be included in the admission package provided pursuant to Rule 58A-5.0181, F.A.C. The rules and procedures shall address the facility’s policies with respect to such issues, for example, as resident responsibilities, the facility’s alcohol and tobacco policy, medication storage, the delivery of services to residents by third party providers, resident elopement, and other administrative and housekeeping practices, schedules, and requirements.
(f) through (h) No change.
(7) No change.
(8) ELOPEMENT STANDARDS.
(a) Residents Assessed At Risk for Elopement.
All residents assessed at risk for elopement or with any history of elopement shall be identified so staff can be alerted to their needs for support and supervision.
1. The facility shall ensure at risk residents have identification on their persons that includes their name and the facility’s name, address, and telephone number. Staff attention shall be directed towards residents assessed at high risk for elopement and those with Alzheimer’s disease and related disorders.
2. The facility shall have current photo identification of at risk residents on file that is accessible to all facility staff and law enforcement as necessary.
(b) Facility Resident Elopement Response Protocol.
The facility shall develop a detailed written protocol for responding to a resident elopement. At a minimum, the protocol shall include:
1. An immediate staff search of the facility and premises, including a periodic re-check of where the resident was last seen;
2. The identification of staff responsible for implementing each part of the elopement response protocol, including specific duties and responsibilities;
3. The identification of staff responsible for contacting law enforcement, the resident’s family, guardian, health care surrogate, and case manager; and
4. The continued care of all residents within the facility in the event of an elopement.
(c) Facility Resident Elopement Drills.
The facility shall conduct resident elopement drills pursuant to Section 400.441(1)(l), F.S.
(9)(8) OTHER STANDARDS. Additional care standards for residents residing in a facility holding a limited mental health, extended congregate care or limited nursing services license are provided in Rules 58A-5.029, 58A-5.030 and 58A-5.031, F.A.C., respectively.
Specific Authority 400.402, 400.441 FS. Law Implemented 400.402, 400.4255, 400.4256, 400.426, 400.428, 400.441 FS. History–New 9-17-84, Formerly 10A-5.182, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.0182, Amended 10-30-95, 4-20-98, 11-2-98, 10-17-99,________.
58A-5.0191 Staff Training Requirements and Competency Test.
(1) No change.
(2) STAFF IN-SERVICE TRAINING. Facility administrators or managers must provide or arrange for the following in-service training to facility staff:
(a) through (e) No change.
(f) All facility staff shall receive a minimum of one hour of in-service training regarding the facility’s resident elopement response protocol within thirty (30) days of employment and annually thereafter. All facility staff shall be provided with a copy of the facility’s resident elopement response protocol. All facility staff shall demonstrate an understanding and competency in the implementation of the protocol.
(3) through (11) No change.
Specific Authority 400.407, 400.4178, 400.441, 400.452 FS. Law Implemented 400.407, 400.4075, 400.4178, 400.441, 400.452 FS. History–New 9-30-92, Formerly 10A-5.0191, Amended 10-30-95, 6-2-96, 4-20-98, 11-2-98, 10-17-99, 7-5-05,_______.
58A-5.024 Records.
The facility shall maintain the following written records in a form, place and system ordinarily employed in good business practice and accessible to department and agency staff.
(1) FACILITY RECORDS. Facility records include:
(a) through (p) No change.
(q) The facility’s resident elopement response protocol.
(r) The facility’s documented resident elopement response drills.
(2) STAFF RECORDS.
(a) Personnel records for each staff member shall contain, at a minimum, a copy of the original employment application with references furnished and verification of freedom from communicable disease including tuberculosis. In addition, records shall contain the following, as applicable:
1. through 4. No change.
5. Documentation of facility direct care staff and administrator participation in resident elopement drills pursuant to paragraph 58A-5.0182(8)(c), F.A.C.
(b) through (c) No change.
(3) through (4) No change.
Specific Authority 400.441, 400.4275 FS. Law Implemented 400.407, 400.4075, 400.424, 400.427, 400.4275, 400.428, 400.435, 400.441 FS. History–New 5-14-81, Amended 1-6-82, 5-19-83, 9-17-84, Formerly 10A-5.24, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly10A-5.024, Amended 10-30-95, 4-20-98, 11-2-98, 10-17-99,________.