Current through Reg. 50, No. 187; September 24, 2024
(1) Pursuant to
section 429.24, F.S., the facility must
offer a contract for execution by the resident or the resident's legal
representative before or at the time of admission. The contract must contain
the following provisions:
(a) A list of the
specific services, supplies and accommodations to be provided by the facility
to the resident, including limited nursing and extended congregate care
services that the resident elects to receive;
(b) The daily, weekly, or monthly
rate;
(c) A list of any additional
services and charges to be provided that are not included in the daily, weekly,
or monthly rates, or a reference to a separate fee schedule that must be
attached to the contract;
(d) A
provision stating that at least 30 days written notice will be given before any
rate increase;
(e) Any rights,
duties, or obligations of residents, other than those specified in section
429.28, F.S.;
(f) The purpose of any advance payments or
deposit payments, and the refund policy for such advance or deposit
payments;
(g) A refund policy that
must conform to section
429.24(3),
F.S.;
(h) A written bed hold policy
and provisions for terminating a bed hold agreement if a facility agrees in
writing to reserve a bed for a resident who is admitted to a nursing home,
health care facility, or psychiatric facility. The resident or responsible
party must notify the facility in writing of any change in status that would
prevent the resident from returning to the facility. Until such written notice
is received, the agreed upon daily, weekly, or monthly rate may be charged by
the facility unless the resident's medical condition prevents the resident from
giving written notification, such as when a resident is comatose, and the
resident does not have a responsible party to act on the resident's
behalf;
(i) A provision stating
whether the facility is affiliated with any religious organization and, if so,
which organization and its relationship to the facility;
(j) A provision that, upon determination by
the administrator or health care provider that the resident needs services
beyond those that the facility is licensed to provide, the resident or the
resident's representative, or agency acting on the resident's behalf, must be
notified in writing that the resident must make arrangements for transfer to a
care setting that is able to provide services needed by the resident. In the
event the resident has no one to represent him or her, the facility must refer
the resident to the social service agency for placement. If there is
disagreement regarding the appropriateness of placement, provisions outlined in
section 429.26(8),
F.S., will take effect;
(k) A
provision that residents must be assessed upon admission pursuant to subsection
59A-36.006(2),
F.A.C., and every 3 years thereafter, or after a significant change, pursuant
to subsection (4), of that rule;
(l) The facility's policies and procedures
for self-administration, assistance with self-administration, and
administration of medications, if applicable, pursuant to rule
59A-36.008, F.A.C. This also
includes provisions regarding over-the-counter (OTC) products pursuant to
subsection (8) of that rule; and,
(m) The facility's policies and procedures
related to a properly executed DH Form 1896, Do Not Resuscitate
Order.
(2) The resident,
or the resident's representative, must be provided with a copy of the executed
contract.
(3) The facility may not
levy an additional charge for any supplies, services, or accommodations that
the facility has agreed by contract to provide as part of the standard daily,
weekly, or monthly rate. The resident or resident's representative must be
furnished in advance with an itemized written statement setting forth
additional charges for any services, supplies, or accommodations available to
residents not covered under the contract. An addendum must be added to the
resident contract to reflect the additional services, supplies, or
accommodations not provided under the original agreement. Such addendum must be
dated and signed by the facility and the resident or resident's legal
representative and a copy given to the resident or resident's
representative.
Rulemaking Authority 429.24, 429.41 FS. Law Implemented
429.24, 429.41 FS.
New 10-17-99, Amended 7-30-06, 4-15-10, 3-13-14, Formerly
58A-5.025,
7-1-19.
