Current through Reg. 50, No. 187; September 24, 2024
(1) The Owner or
Operator shall establish, maintain and make available and ready for immediate
use to the Agency, complete and accurate social, medical and fiscal records
which fully disclose the extent of services to be maintained by the Center for
a period of two years.
(2) The
Participant File shall include a Participant Data Sheet which shall be
completed for each Participant within forty-five days prior to or twenty-four
hours after admission to the Center and which shall include:
(a) Full name, birthday, address;
(b) Date admitted as a Participant and
services to be provided;
(c) Next
of kin, and address and phone number of such person;
(d) Guardian or Responsible Person and
address and phone number of that person;
(e) Medicaid and Medicare identification and
other health insurance numbers;
(f)
Emergency contact person, home or office address and phone numbers of such
person;
(g) Name and telephone
number of attending physician to be contacted when there appears to be
significant deviation from normal appearance or state of well-being of a
Participant; physician's or hospital discharge statement no older than
forty-five days indicating prescribed medications and dosage which is updated
as changes are made by physicians or, until a statement is received, a dated
and signed statement by the Participant, guardian or responsible person,
stating that specific medication may be given as ordered by the attending
physician; notation of physical and emotional conditions requiring care and
medications administered; diet and mobility restrictions; and a statement that
the Participant is free from tuberculosis in a communicable form;
(h) The Participant File shall be updated
when there is a Significant Change in the Participant, or at least
quarterly;
(i) The Owner or
Operator or Staff designated by the Owner or Operator shall review and approve
each Participant care plan.
(3) The Operator shall be responsible for the
recording, reporting and availability of Participant data, including those
records required for each Center Participant, and program data, including those
records required for services made available to and provided to Participants by
the Adult Day Care Center. Such records shall include:
(a) Number of Participants enrolled to
current date;
(b) Average Daily
Attendance as defined in this rule chapter, based upon attendance through the
end of the preceding month;
(c)
Hours of travel time current through the previous month, if Transportation
Services are provided or arranged by the Center.
(d) Business hours of operation shall be
posted in a conspicuous place. Business hours shall mean a time period
established by the Center, as defined in its policies, and shall be no less
than five hours per day on week days of Center operation and may include a
reduced schedule of weekend hours.
(4) Documentation shall be made of services,
medication and special diets provided or administered to the Participants and
shall be kept current in the Participant's File. Such documentation shall
consist of a written, signed and dated notation or statement.
(5) A record shall be kept of Staff
assignments.
(6) If the Center
accepts fee-for-service Participants, there shall be a signed agreement
documenting the amount of fee, hours and days of attendance, services to be
provided, and frequency of payment. This agreement shall be signed by the
Owner, Operator, or the Owner or Operator's designee, the Participant or
Responsible Person, and recorded in the Participant's File. Financial records
shall be maintained and shall be current through the last payment
period.
(7) A written record shall
be kept of Major Incidents affecting Participants, Staff, Volunteers or the
Center.
(8) Major Incidents, as
defined in this rule chapter shall be reported immediately to the Agency's
Complaint Administration Unit at the following website:
http://ahca.myflorida.com/MCHQ/Field_Ops/CAU.shtml.
Reports shall be made by the individual having first-hand knowledge of the
incident and performing functions and responsibilities as an authorized agent
and may include paid, emergency and temporary Staff, Volunteers and student
interns.
(9) In case of emergency,
such as acute illness, if family or Responsible Person cannot be reached, a
signed release shall be on file stating that the Participant may be sent to the
nearest hospital emergency room for treatment.
(10) Pursuant to section
429.929(1)(g),
F.S., as a part of the licensure process, each Center shall develop and follow
a written Comprehensive Emergency Management Plan for emergency care during an
internal or external disaster in accordance with Emergency Management Planning
Criteria for Adult Day Care Facilities, dated July 2001, incorporated by
reference. A copy of the July 2001 Emergency Management Planning Criteria for
Adult Day Care Facilities may be obtained from the Agency's website at:
http://www.fdhc.state.fl.us/MCHQ/Health_Facility_Regulation/Assisted_Living/docs/adcc/ADCC_CEMP_2008.pdf.
(a) The Comprehensive Emergency Management
Plan shall include the following:
1.
Provisions for both internal and external disasters and emergencies which could
include hurricanes, tornadoes, fires, power outages, floods, bomb threats, acts
of terrorism, bio-terrorism, hazardous materials and nuclear
disasters.
2. Provisions for care
and services to Participants during the emergency including: pre-disaster
preparation, notification of family members or responsible parties, securing
the Center, supplies, staffing and emergency equipment.
3. Provisions for care and services,
including emergency evacuation transportation, to Participants who must remain
in the Center and those who must evacuate during the emergency.
4. Identification of Staff positions
responsible for implementing each aspect of the Plan.
5. Identification of and coordination with
designated agencies including the Red Cross and the local emergency management
agency.
6. Post-disaster activities
including responding to family inquiries, obtaining necessary emergency medical
attention or intervention for Participants, transportation and re-entry to the
Center.
(b) The Plan
shall be available for immediate access by Center Staff.
(c) The initial Plan shall be reviewed by the
local Emergency Management Agency to ensure compliance with the Emergency
Management Planning Criteria for Adult Day Care Facilities, dated July
2001.
(d) The local emergency
management agency has 60 days in which to review and determine if the Plan
satisfies the Emergency Management Planning Criteria or advise the Center of
necessary revisions. Any revisions must be made and resubmitted to the local
emergency management agency within 30 days of receiving notification from the
local emergency management agency that the Plan must be revised.
(e) The Center shall review and update its
Plan on an annual basis. The Plan shall be submitted annually, or more often if
needed, to the local emergency management agency.
(11) Fire safety protection shall be governed
by the local fire code applicable to Adult Day Care Centers. In areas where no
local fire code applies, the standards contained in chapter 69A-40, F.A.C.,
Uniform Fire Safety Standards for Assisted Living Facilities, may be used to
determine compliance with fire safety standards. In every instance, a Center
shall comply with local and state standards before a license may be issued.
(a) A fire evacuation drill shall be
conducted once a month for the Staff and once every three months for
Participants;
(b) A written record
of each fire drill, indicating the date, hour and general description of each
drill, the extent of Staff involvement, and the name of the person in charge
shall be maintained and available for review;
(c) Evacuation routes shall be posted
conspicuously in the Center.
Rulemaking Authority 429.929 FS. Law Implemented 429.929
FS.
New 7-8-81, Amended 2-27-84, Formerly 10A-6.11, 10A-6.011,
59A-16.011, Amended 11-9-95,
3-29-98, 10-23-01, 8-3-15, Formerly
58A-6.011,
7-1-19.
