RULE NO: RULE TITLE
58A-2.005: Administration of the Hospice
58A-2.012: Program Reporting
58A-2.0232: Advance Directives

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 48, November 30, 2007 issue of the Florida Administrative Weekly.

This is the second notice of change. The first notice of change was published in Vol. 34, No. 13, March 28, 2008 issue of the Florida Administrative Weekly.

58A-2.005 Administration of the Hospice.

(1) through (3) No change.

(4) Outcome Measures.

(a) Effective with the report due by March 31, 2009, hospices must annually report the outcome measures outlined in this subsection on DOEA Form H-002, State of Florida Department of Elder Affairs Hospice Demographic and Outcome Measures Report, ______ 2008.

1. The form is hereby incorporated by reference and may be obtained from the following address: Department of Elder Affairs, Planning and Evaluation Unit, 4040 Esplanade Way, Tallahassee, Florida 32399-7000. The form may be also obtained from the department’s Web site at: http://elderaffairs.state.fl.us/english/hospice/DOEAformH002.xls pdf.

2. The reporting time frame is January 1 through December 31, with the exception of the 2008 report, which only needs to include outcome measure data from the rule effective date through December 31, 2008.

3. No change.

(b) No change

(5) No change.

Specific Authority 400.605, 400.60501 FS. Law Implemented 400.605(1)(c), 400.60501 FS. History–New 5-6-82, Formerly 10A-12.05, 10A-12.005, Amended 4-27-94, Formerly 59A-2.005, Amended 6-5-97, 8-6-02, 8-10-03,________.

 

58A-2.012 Program Reporting Requirements.

(1) through (2) No change.

(3) The 2008 report due by March 31, 2009 need only include the collection of data from the rule effective date July 1, 2008 through December 31, 2008.

(4) The report must be submitted in accordance with subparagraph 58A-2.005(4)(a)3., F.A.C. electronically to the following e-mail address: hospicereport@elderaffairs.org. The report may alternately be submitted to the following address: Department of Elder Affairs, Planning and Evaluation Unit, 4040 Esplanade Way, Tallahassee, FL 32399-7000.

(5) No change.

Specific Authority 400.605 FS. Law Implemented 400.605 FS. History–New 5-6-82, Formerly 10A-12.12, 10A-12.012, Amended 4-27-94, Formerly 59A-2.012, Amended 6-5-97,_________.

 

58A-2.0232 Advance Directives and Do Not Resuscitate Orders (DNRO).

(1) No change.

(2) The hospice’s policies and procedures must include:

(a) At the time of admission, providing each patient, or the patient’s surrogate, or proxy or other legal representative, with a copy of Form SCHS-4-2006, “Health Care Advance Directives – The Patient’s Right to Decide,” effective April 2006, or with a copy of some other substantially similar document which incorporates information regarding advance directives included in Chapter 765, F.S. Form SCHS-4-2006 is hereby incorporated by reference and is available from the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 34, Tallahassee, FL 32308, or the agency’s Web site at: http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/HC_Advance_Directives/docs/adv_dir.pdf.

(b) At the time of admission to a hospice program, providing each patient, or the patient’s surrogate, or proxy or other legal representative, with written information concerning the hospice’s policies regarding resuscitation and advance directives, including information concerning DH Form 1896, Florida Do Not Resuscitate Order Form, incorporated by reference in Rule 64E-2.031, F.A.C.

(c) No change.

(3) Pursuant to Section 400.6095(8), F.S., a hospice may withhold or withdraw cardiopulmonary resuscitation from a patient if a valid honor a Do Not Resuscitate Order (DNRO) is presented and executed pursuant to Section 401.45, F.S. as follows:

(a) An absence of an order not to resuscitate Cardiopulmonary resuscitation may be withheld or withdrawn from a patient only if a valid DNRO is present, executed pursuant to Section 401.45, F.S., does not preclude a physician from withholding or withdrawing cardiopulmonary resuscitation as otherwise permitted by law.

(b) No change.

(4) Pursuant to Section 765.110, F.S., a hospice health care provider or facility shall be subject to professional discipline and revocation of license or certification, and a fine, if the healthcare provider or facility requires an individual to execute or waive an advance directive as a condition of treatment or admission.

Specific Authority 765.110, 400.605, 400.6095(8) FS. Law Implemented 400.605, 400.6095(8), Ch. 765 FS. History–New 1-11-93, Formerly 59A-2.025, Amended 4-27-94, Formerly 58A-2.0232, Amended 6-5-97,_________.