Current through Reg. 50, No. 187; September 24, 2024
(1)
The Center shall make a statement or summary statement of policies and
procedures for Participant care available to Participants, to the responsible
person, to the public, and to each member of the Center Staff. The statement or
summary statement shall be displayed in a conspicuous place in the
facility.
(2) The Center Staff
shall be trained to implement these policies and procedures, as specified in
the Orientation and Training Plan.
(3) Participant care, policies, and
procedures shall ensure that, as a minimum, all Participants admitted to the
Center:
(a) Are informed of provisions for
service as evidenced by written acknowledgment from the Participant or
responsible party prior to or at the time of admission, given a statement or
summary statement of the Center's policies and procedures, given an explanation
of the Participant's responsibility to comply with these policies and
procedures and respect the personal rights and private property of other
Participants;
(b) Are informed, and
are given a written statement prior to or at the time of admission and during
stay, of services available at the Center, and any related charges, including
charges for services that are not provided free, not covered by third party
payments, or not covered by the facility's basic per diem rate. This statement
shall include the payment, fee, deposit, and refund policy of the
Center;
(c) Are promptly informed
of substantive changes in policies, procedures, services, and rates;
(d) Are informed during the admission
process, in writing, of the Center's Comprehensive Emergency Management
Plan;
(e) Are informed during the
admission process of the local emergency management agency's registry of
disabled persons who need assistance during evacuations or when in shelters
because of physical or mental handicaps and the assistance provided by Center
staff to register such persons with the local emergency management
agency;
(f) Are allowed to retain
the services of their personal physician at their own expense or under a health
care plan; are informed of the services provided by the Center, and are offered
the opportunity to participate in the planning of their care;
(g) Are free from abuse, neglect, and
exploitation as defined in section
415.102, F.S., and free from
chemical and physical restraints. Drugs and other medications shall not be used
for punishment, convenience of Staff, or in quantities that interfere with a
Participant's rehabilitation or Activities of Daily Living;
(h) Are given privacy in the treatment of
their personal and medical records;
(i) Are treated with consideration, respect,
and full recognition of their dignity, individuality, and right to
privacy;
(j) Are not required to
perform services for the Center;
(k) Are permitted to associate and
communicate privately with persons of their choice, join with other
Participants or individuals within or outside the Center to work for
improvements in Participant care, and, upon his or her request, shall be given
assistance in the reading and writing of correspondence;
(l) Are permitted to participate in social,
religious, community, or group activities of their choice while at the
Center;
(m) Are permitted to
exercise civil and religious liberties, including the right to independent
personal decisions. No religious beliefs or practices, or any attendance at
religious services, shall be imposed upon any Participant. The Center shall
encourage and assist in the exercise of these rights;
(n) Are not the object of discrimination with
respect to participation in activities which include recreation, meals,
leisure, other social activities because of age, race, religion, sex, or
nationality as defined in Title VI of the Civil Rights Act of 1964, or the
Americans with Disabilities Act of 1990;
(o) Are not deprived of any constitutional,
civil, or legal right solely by reason of admission to the Center;
(p) For protection of the Participants, are
allowed to discharge themselves from the Center upon presentation of a request,
preferably in writing; or, if the Participant is an adjudicated mental
incompetent, upon the written consent of his next of kin, sponsor, guardian, or
responsible person. However, if assessed by social workers, center Staff, or
responsible persons at the time of intake as confused, the Participant shall
not be allowed to discharge himself until after the Center notifies the
Participant's guardian, spouse, or person having durable power of
attorney;
(q) Are informed of the
right to report abusive, neglectful, exploitative or fraudulent
practices.
(4) The Center
shall not be required to accept or retain any applicant or Participant whose
behavior and physical limitations are deemed hazardous to the safety of the
individual or other Participants. Such conditions shall constitute a basis for
termination of Center participation. Participation may be terminated after
reasonable alternatives have failed, and upon written notification of the
Participant, guardian and responsible person. Fifteen calendar days shall be
allowed for arranging for alternative services for the Participant except in
cases of emergency as determined by the Governing Authority or Operator of the
center.
(5) All ADRD Participants
involuntarily discharged from a Center designated as a Specialized Alzheimer's
services adult day care center pursuant to section
429.918, F.S., must be:
(a) Informed of any Significant Change in the
ADRD participant's condition such as a deterioration or improvement in the
ability to carry out Activities of Daily Living; a deterioration in behavior or
mood to the point where daily problems arise or an improvement to the point
that these problems are eliminated; or a substantial deterioration in health
status or reversal of such status, as documented in the ADRD Participant's case
file notes;
(b) Informed that the
Center is unable to meet the ADRD Participant's needs, as determined by the
Owner or Operator;
(c) Provided
with an appropriate discharge plan, including suggested transition options for
the ADRD Participant to facilitate and ensure continuity of care. Fifteen (15)
calendar days shall be allowed for arranging for alternative services for the
ADRD Participant except in cases of emergency as determined by the Governing
Authority of the Center.
(d)
Informed of monthly health assessments and monthly updates, in each ADRD
Participant's file regarding the ADRD Participant's status or progress toward
meeting the goals indicated in his or her individualized plan of
care.
Rulemaking Authority 429.929, 429.918(12) FS. Law
Implemented 429.918 FS.
New 7-8-81, Amended 2-27-84, Formerly 10A-6.07, 10A-6.007,
59A-16.007, Amended 11-9-95,
3-29-98, 10-23-01, 8-3-15, Formerly
58A-6.007,
7-1-19.
