Florida Administrative Code
59 - AGENCY FOR HEALTH CARE ADMINISTRATION
59A - Health Facility and Agency Licensing
Chapter 59A-36 - ASSISTED LIVING FACILITY
Section 59A-36.023 - Administrative Enforcement
Universal Citation: FL Admin Code R 59A-36.023
Current through Reg. 50, No. 187; September 24, 2024
Facility staff must cooperate with agency personnel during surveys, complaint investigations, monitoring visits, license application and renewal procedures and other activities necessary to ensure compliance with Part II, Chapter 408, F.S., Part I, Chapter 429, F.S., Rule Chapter 59A-35, F.A.C., and this rule chapter.
(1) Abbreviated Survey.
(a) An applicant for
license renewal who does not have any class I or class II violations or
uncorrected class III violations, confirmed long-term care ombudsman program
complaints, or confirmed licensing complaints within the two licensing periods
immediately preceding the current renewal date, is eligible for an abbreviated
biennial survey by the agency. For the purpose of this rule, a confirmed
long-term care ombudsman program complaint is a complaint that is verified and
referred to a regulatory agency for further action. Facilities that do not have
two survey reports on file with the agency under current ownership are not
eligible for an abbreviated inspection. Upon arrival at the facility, the
agency must inform the facility that it is eligible for an abbreviated survey,
and that an abbreviated survey will be conducted.
(b) Compliance with key quality of care
standards described in the following statutes and rules will be used by the
agency during its abbreviated survey of eligible facilities:
1. Section
429.26, F.S., and Rule
59A-36.006, F.A.C., relating to
residency criteria;
2. Section
429.27, F.S., and Rule
59A-36.013, F.A.C., relating to
proper management of resident funds and property;
3. Section
429.28, F.S., and Rule
59A-36.007, F.A.C., relating to
respect for resident rights;
4.
Section 429.41, F.S., and Rule
59A-36.007, F.A.C., relating to
the provision of supervision, assistance with the activities of daily living,
and arrangement for appointments and transportation to appointments;
5. Section
429.256, F.S., and Rule
59A-36.008, F.A.C., relating to
assistance with or administration of medications;
6. Section
429.41, F.S., and Rule
59A-36.010, F.A.C., relating to
the provision of sufficient staffing to meet resident needs;
7. Section
429.41, F.S., and Rule
59A-36.012, F.A.C., relating to
minimum dietary requirements and proper food hygiene;
8. Section
429.075, F.S., and Rule
59A-36.020, F.A.C., relating to
mental health residents' community support living plan;
9. Section
429.07, F.S., and Rule
59A-36.021, F.A.C., relating to
meeting the environmental standards and residency criteria in a facility with
an extended congregate care license; and
10. Section
429.07, F.S., and Rule
59A-36.022, F.A.C., relating to
the provision of care and staffing in a facility with a limited nursing
services license.
(c) The
agency will expand the abbreviated survey or conduct a full survey if
violations which threaten or potentially threaten the health, safety, or
welfare of residents are identified during the abbreviated survey. The facility
must be informed when a full survey will be conducted. If one or more of the
following serious problems are identified during an abbreviated survey, a full
biennial survey will be immediately conducted:
1. Violations of Rule Chapter 69A-40, F.A.C.,
relating to fire safety, that threaten the life or safety of a
resident;
2. Violations relating to
staffing standards or resident care standards that adversely affect the health,
safety, or welfare of a resident;
3. Violations relating to facility staff
rendering services for which the facility is not licensed; or
4. Violations relating to facility medication
practices that are a threat to the health, safety, or welfare of a
resident.
(2) Survey Deficiency.
(a) Before or in
conjunction with a notice of violation issued pursuant to Part II, Chapter 408,
F.S., and Section 429.19, F.S., the agency shall
issue a statement of deficiency for class I, II, III, and IV violations which
are observed by agency personnel during any inspection of the facility. The
deficiency statement must be issued within 10 working days of the agency's
inspection and must include:
1. A description
of the deficiency;
2. A citation to
the statute or rule violated; and
3. A time frame for the correction of the
deficiency.
(b)
Additional time may be granted to correct specific deficiencies if a written
request is received by the agency before the expiration of the time frame
included in the agency's statement.
(3) Employment of A Consultant.
(a) Medication Deficiencies.
1. If a class I, class II, or uncorrected
class III deficiency directly relating to facility medication practices as
established in Rule 59A-36.008, F.A.C., is
documented by agency personnel pursuant to an inspection of the facility, the
agency must notify the facility in writing that the facility must employ or
contract the services of a pharmacist licensed pursuant to Section
465.0125, F.S., or registered
nurse as determined by the agency.
2. After developing and implementing a
corrective action plan in compliance with Section
429.42(2),
F.S., the initial on-site consultant visit must take place within 7 working
days of the notice of a class I or class II deficiency and within 14 working
days of the notice of an uncorrected class III deficiency. The facility must
have available for review by the agency a copy of the license of the consultant
pharmacist or registered nurse and the consultant's signed and dated review of
the corrective action plan no later than 10 working days subsequent to the
initial on-site consultant visit.
3. The facility must provide the agency with,
at a minimum, quarterly on-site corrective action plan updates until the agency
determines after written notification by the consultant and facility
administrator that deficiencies are corrected and staff has been trained to
ensure that proper medication standards are followed and that such consultant
services are no longer required. The agency must provide the facility with
written notification of such determination.
(b) Dietary Deficiencies.
1. If a class I, class II, or uncorrected
class III deficiency directly related to dietary standards as established in
Rule 59A-36.012, F.A.C., is
documented by agency pursuant to an inspection of the facility, the agency must
notify the facility in writing that the facility must employ or contract the
services of a registered or licensed dietitian, or a licensed
nutritionist.
2. The initial
on-site consultant visit must take place within seven working days of the
notice of a class I or II deficiency or within 14 working days of the notice of
an uncorrected class III deficiency. The facility must have available for
review by the agency a copy of the license or registration of the consultant
dietitian or nutritionist and the consultant's signed and dated review of the
facility's corrective action plan, if a plan is required by the agency, no
later than 10 working days after the initial on-site consultant
visit.
3. If a corrective action
plan is required, the facility must provide the agency with, at a minimum,
quarterly on-site corrective action plan updates until the agency determines
after written notification by the dietary consultant and facility
administrator, that deficiencies are corrected and staff has been trained to
ensure that proper dietary standards are followed and consultant services are
no longer required. The agency must provide the facility with written
notification of such determination.
Rulemaking Authority 429.41, 429.42 FS. Law Implemented 429.19, 429.34, 429.41, 429.42 FS.
New 9-30-92, Formerly 10A-5.033, Amended 10-30-95, 10-17-99, 1-9-02, 7-30-06, 4-15-10, 3-13-14, Formerly 58A-5.033, 7-1-19.
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