Fla. Admin. Code tit. 58 | Fla. Admin. Code Title 58 — Department of Elder Affairs

Division 58D Alzheimer's Disease Initiative

Chapter 58D-1 ADMINISTRATION OF THE ALZHEIMER'S DISEASE INITIATIVE

Fla. Admin. Code R. 58D-1.001 Purpose

History

Rulemaking Authority 430.08 FS. Law Implemented 430.04, 430.501, 430.502, 430.503, 430.504 FS. History–New 3-28-95, Amended 9-24-08, Repealed 11-29-11.

Fla. Admin. Code R. 58D-1.002 Definitions

The following terms are defined in this rule:

(1) Alzheimer’s Disease Advisory Committee: The committee created pursuant to Sections 430.501(2), (3), F.S., to advise the department in the performance of its duties pursuant to the ADI.

(2) Alzheimer’s Disease and Related Disorders (ADRD) Research Brain Bank: The entity designated by the department to collect post mortem normal control brains and brains of individuals who were clinically diagnosed as having Alzheimer’s disease for the purpose of conducting comparative research aimed at learning about, finding a cause, and developing a treatment or cure for the disease.

(3) Client: The person with ADRD; however, the client’s caregiver will receive benefits through the provision of education, training, respite, and support services, as needed.

(4) Memory Disorder Clinic: Research oriented programs created pursuant to Sections 430.502(1) and (2), F.S., to provide diagnostic and referral services, conduct basic and service-related multidisciplinary research, and develop training materials and educational opportunities for lay and professional caregivers of individuals with Alzheimer’s disease. Memory disorder clinics shall provide:

(a) A minimum of four (4) hours of in-service training annually to model day care and respite care providers in the designated service area; and,

(b) A minimum of one (1) annual contact with each model day care and respite care provider in the designated service area to plan and develop service-related research projects.

(5) Model Day Care Program: Refers to the three specialized day care programs specifically authorized by Section 430.502(4), F.S. These programs provide a therapeutic setting for the provision of specialized services to clients with Alzheimer’s disease. They also provide training to health care and social service personnel and caregivers, and serve as a natural laboratory for research.

(6) Related Memory Disorders: Other forms of progressive cognitive disorders that result in diminished memory, language, other cognitive functions, and the inability to perform activities of daily living.

(7) Research: Investigations undertaken to determine the cause, resulting behavioral changes, treatment, cure, and impact of ADRD.

(8) Training: The provision of educational activities and instruction to assist health care professionals, social service providers, and caregivers in understanding ADRD and to increase their knowledge and caregiving skills.

History

Rulemaking Authority 430.08 FS. Law Implemented 430.501-.502 FS. History–New 3-28-95, Amended 9-24-08.

Fla. Admin. Code R. 58D-1.003 Eligibility

(1) To be eligible for model day care services, an individual must be at least 18 years of age and have a diagnosis of Alzheimer’s disease or a related memory disorder.

(2) To be eligible to receive all other services funded under the Alzheimer’s disease Initiative that are included in the provider’s contract with the department or the area agency on aging, an individual must be 18 years of age or older and have a diagnosis of Alzheimer’s disease or related memory disorder, or be suspected of having Alzheimer’s disease or a related memory disorder.

(3) The caregivers of individuals receiving services under the Alzheimer’s Disease Initiative are eligible to receive training and related support services to assist them in caring for the person with ADRD.

History

Rulemaking Authority 430.502 FS. Law Implemented 430.502 FS. History–New 3-28-95, Amended 9-24-08.

Fla. Admin. Code R. 58D-1.004 Program Components

(1) In its role as advisor to the department, the Alzheimer’s Disease Advisory Committee shall provide feedback for each of the following components:

(a) Memory Disorder Clinics;

(b) Brain Bank;

(d) Respite Care.

(2) The Alzheimer’s Disease Advisory Committee shall address service, training, research, and coordination among components.

(3) The Alzheimer’s Disease Advisory Committee may enlist services, assistance, and direction from a broad representation of health care professionals, service providers, individuals affiliated with the Alzheimer’s Association and the provision of Alzheimer’s community care, dementia specific service providers, caregivers, and other interested or knowledgeable parties.

History

Rulemaking Authority 430.08 FS. Law Implemented 430.501-.502 FS. History–New 3-28-95, Amended 9-24-08.

Fla. Admin. Code R. 58D-1.005 Program Administration

(1) The Department of Elder Affairs shall plan, develop and coordinate a statewide program to carry out its responsibilities under the Alzheimer’s Disease Initiative.

(2) The area agency on aging, under contract with the department, shall be responsible for the planning and administration of respite and model day care services funded under the Alzheimer’s Disease Initiative and shall contract with local service providers for the provision of these services. Each area agency on aging shall:

(a) Comply with State of Florida procedures regarding solicitation and execution of agreements with providers of services.

(b) Maintain coordination with the memory disorder clinics, the Alzheimer’s Disease Brain Bank, and all other components of the Alzheimer’s Disease Initiative in the designated planning and service area as outlined in its contract with the department.

History

Rulemaking Authority 430.08 FS. Law Implemented 430.502-.503 FS. History–New 3-28-95, Amended 10-30-05, 9-24-08.

Fla. Admin. Code R. 58D-1.006 Service Provider Responsibilities

Each service provider must:

(1) Establish service priorities and coordinate the delivery of services to clients.

(2) Employ competent and qualified staff to provide the services essential to the achievement of program goals and objectives as specified in its contract with the department or the area agency on aging.

(3) Maintain the minimum staffing requirements established in its contract with the department or area agency on aging.

(4) Provide case management services as applicable and as specified in its contract with the department or area agency on aging.

(5) Provide respite or model day care services, and maintain coordination with the memory disorder clinics and the brain bank as specified in its contract with the department or area agency on aging.

(6) Provide pre-service and in-service training for staff and volunteers as specified in its contract with the department or area agency on aging.

(7) Monitor subcontract providers to assure quality of service delivery.

(8) Make payments to subcontractors.

(9) Collect co-payments for services pursuant to Section 430.503(2), F.S. Co-payments must be determined pursuant to Rule 58C-1.007, F.A.C.

(10) Maximize the use of volunteers in service delivery.

(11) Develop and implement procedures for client appeals.

(12) Ensure that quality services are delivered to clients and caregivers.

(13) Maintain client and program records and provide reports as required by its contract with the department or area agency on aging.

(14) Establish goals and objectives for the Alzheimer’s Disease Initiative research component and submit reports as specified by the department on research activities.

History

Rulemaking Authority 430.08, 430.503(2) FS. Law Implemented 430.502-.503 FS. History–New 3-28-95, Amended 9-24-08.

Fla. Admin. Code R. 58D-1.007 Program Forms

The forms used for programs regulated by this chapter are incorporated by reference in Rule 58A-1.010, F.A.C. In addition, a care plan must be developed that meets the criteria established in subsection (2), of that rule.

History

Rulemaking Authority 430.502 FS. Law Implemented 430.502 FS. History–New 8-20-00, Amended 8-6-01, 9-24-08.

Division 58C Community Care for the Elderly

Chapter 58C-1 Administration of the Community Care for the Elderly Program

Fla. Admin. Code R. 58C-1.001 Definitions

The following terms are defined in this rule chapter:

(1) AGING OUT CLIENTS: Individuals reaching 60 years of age who are being transitioned from the Department of Children and Families services to the department’s community-based services.

(2) ASSESSMENT INSTRUMENT: The tool prescribed in the contract between the department and the AAAs, the AAAs and the lead agencies, and the lead agencies and the service providers for use in determining a client’s level of functioning, existing resources, service needs, and priority for services.

(3) CONTRACTOR: The department, area agency on aging, lead agency or any other agency that initiates a contract with a contracting agency as described in Section 430.203(4), F.S.

History

Rulemaking Authority 430.08 FS. Law Implemented 430.203 FS. History–New 3-11-81, Formerly 10A-10.01, 10A-10.001, Amended 3-28-95, 9-24-08.

Fla. Admin. Code R. 58C-1.002 Eligibility

To be eligible for Community Care for the Elderly services, a person must be:

(1) Age 60 or over; and,

(2) Functionally impaired pursuant to Section 430.203(7), F.S., as determined by an initial comprehensive assessment and at least an annual reassessment using the form incorporated by reference in paragraph 58A-1.010(1)(b), F.A.C.

History

Rulemaking Authority 430.08 FS. Law Implemented 430.203 FS. History–New 3-11-81, Formerly 10A-10.02, 10A-10.002, Amended 3-28-95, 9-24-08.

Fla. Admin. Code R. 58C-1.003 Administration

History

Rulemaking Authority 430.08 FS. Law Implemented 430.03, 430.04, 430.202, 430.203, 430.204, 430.205 FS. History–New 3-11-81, Formerly 10A-10.03, 10A-10.003, Amended 3-28-95, 9-24-08, Repealed 11-29-11.

Fla. Admin. Code R. 58C-1.0031 Lead Agency Dispute Resolution

(1) AREA AGENCY ON AGING PROCEDURES.

(a) In order to meet the requirement set forth in Section 430.203(9)(a)1., F.S., an area agency on aging must specify in its request for proposal that the notice of intent to award will be published in the same manner as the request for proposal was published.

(b) In addition, an area agency on aging (AAA) must comply with the bid process standards set forth in Section 430.203(9)(a), F.S., and this rule.

(c) The AAA must post the notice of intent to award pursuant to paragraph (a), of this subsection, upon selection of a lead agency or lead agencies. This notice must include information that substantially affected parties will have an opportunity to request a hearing challenging the proposed action and instruction on how to request a hearing. The notice must also include the following statement: “Failure to file a notice of protest as described in subsection (4), of Rule 58C-1.0031, Florida Administrative Code (F.A.C.), shall constitute a waiver of proceedings under Rule 58C-1.0031, F.A.C.”

(2) IMPARTIAL DECISIONMAKERS.

(a) Upon the effective date of this rule, the AAA must solicit and maintain a registry of impartial decisionmakers.

(b) The decisionmaker must meet the minimum qualifications below:

Be a member in good standing of The Florida Bar,
Have at least 5 years experience in the practice of administrative law, preferably with experience in government procurement procedures,
Have not been directly involved, or have any family member who was directly involved, in the intended award of the bid under protest,
Not be currently employed by, or have a family member currently employed by, the AAA awarding the bid, or any lead agency or other agency that has filed a bid for lead agency designation with the AAA awarding the bid; and,
Not have any other conflict of interest that would affect the decisionmaker’s impartiality in the specific proceedings.

(c) Individuals interested in designation as an impartial decisonmaker must complete DOEA Form CCE-001, CCE Impartial Decisionmaker Application, May, 2010, which is hereby incorporated by reference. The form may be obtained from the following website: http://elderaffairs.state.fl.us/english/ruleforms/CCE-001.doc.

(3) STANDARDS FOR BID PROTEST.

(a) In a protest to the notice of award, the following shall apply:

No submissions made after the bid or proposal opening that amend or supplement the bid or proposal shall be considered.
The burden of proof shall rest with the party protesting the proposed AAA intent to award.

(b) In a protest, the decisionmaker must conduct a de novo proceeding to determine whether the AAA’s proposed action is contrary to its governing statutes or rules, or to the solicitation specifications. The standard of proof for the protestor must be whether the AAA’s action was clearly erroneous, contrary to competition, arbitrary or capricious.

(4) PROTESTING PARTY PROCEDURES.

(a) Any party who is substantially affected by the AAA’s intended decision to award a contract for lead agency must file a written notice of protest with the AAA within 72 hours after the posting of the notice of award, excluding weekends and state holidays. A substantially affected party is any party who bid on the AAA’s request for proposal for designation as a lead agency.

(b) A formal written protest must be filed within 10 calendar days after the date the notice of protest is filed, unless the 10th day falls on a weekend or state holiday, in which case the deadline shall be the next business day.

(d) Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings.

(e) If any substantially affected party decides to participate in the protest proceedings, that party must give notice within 3 business days of the posting of the initial notice of protest by the AAA.

(5) PROCEDURES FOR BID PROTEST.

Upon receipt of a timely filed notice of protest, the AAA must take the following steps:

(a) Stop the contract award process until the subject of the protest is resolved by final action as required by Section 430.03(9)(a)2., F.S.

(b) Immediately post the notice of protest in the same manner as the notice of intended award was posted.

(c) Select an impartial decisionmaker as required by Section 430.203(9)(a), F.S., from the registry referenced in subsection (2), of this rule.

The decisionmaker must be randomly selected.
The AAA must immediately provide the protesting party with the name of the appointed impartial decisionmaker.
If the protesting party has an objection to the selected decisionmaker, the protesting party must raise the objection in writing with the AAA within 48 hours, excluding weekends and state holidays, or the objection is deemed to be waived. However, if any party or the decisionmaker later discovers that the decisionmaker has a conflict of interest, the party may raise that objection in writing to the AAA within 48 hours of acquiring knowledge of the conflict, excluding weekends and state holidays, or the objection is deemed to be waived.
Upon receipt of a timely objection, the AAA must randomly select another decisionmaker.

(d) Provide an opportunity to resolve the protest by mutual agreement between the parties within 7 days, excluding weekends and state holidays. If the subject of a protest is not resolved by mutual agreement within the time frame set forth in this paragraph, a proceeding must be conducted as set forth in subsection (6), of this rule.

(6) DISPUTE RESOLUTION.

(a) If the protest is not resolved pursuant to paragraph (5)(d), of this rule, the impartial decisionmaker must commence a hearing within 30 calendar days after the AAA receives the formal written protest, unless the 30th day falls on a weekend or state holiday, in which case the deadline shall be the next business day. The provisions of this subsection may be waived only upon stipulation by all parties.

(b) In addition to the provisions included in Section 430.203(9)(a)3., F.S., which outline the rights of all substantially affected parties, the following procedures shall apply:

In any bid protest, the service of discovery may begin immediately upon filing of the formal written protest. Responses shall be due within 5 business days of receipt, not counting the day of receipt of any discovery requirement.

a. All discovery must be concluded at least 48 hours prior to the scheduled hearing date.

b. All discovery requests must be commenced in a manner that allows discovery to be concluded at least 48 hours prior to the scheduled hearing.

The decisionmaker shall have the authority to issue subpoenas.
All depositions must have at least 3 business days notice.
If a party fails to comply with the discovery rules provided herein, the decisionmaker must exclude such evidence from the hearing, unless just cause is shown as specified in subparagraph (e)1., of this subsection.
Should any party be prejudiced by another party’s failure to provide discovery, the decisionmaker may continue the hearing for a period not to exceed 5 business days. The non-complying party must comply with the requested discovery within 48 hours after the decision to continue the hearing.

(c) The decisionmaker must render a written decision within 30 calendar days after the hearing if no transcript of the proceedings is requested, or within 30 days after receipt of the hearing transcript by the decisionmaker. If the 30th day falls on a weekend or state holiday, the deadline shall be the next business day. The provisions of this paragraph may be waived only upon stipulation by all parties.

The written decision must include findings of fact and conclusions of law. Based on these findings and conclusions, the decisionmaker may affirm or reject the AAA’s intended award.
If rejecting the AAA’s intended award, the decisionmaker must simultaneously issue a recommendation to the AAA supported by findings of fact and conclusions of law.
If a timely request for a review of the decisionmaker’s recommendation is not made pursuant to subsection (7), of this rule, the AAA may either accept or reject the decisionmaker’s recommendation. If the AAA rejects the decisionmaker’s recommendation, the AAA must notify all parties in writing within 10 calendar days after the recommendation is received, outlining the reason or reasons for rejecting the recommendation; and the AAA must either start the procurement process again or make an award consistent with its reason or reasons for rejecting the decisionmaker’s recommendation.
If a timely request for a review of the decisionmaker’s recommendation is made pursuant to subsection (7), of this rule, the AAA shall proceed under subsection (7), instead of subparagraph (c)3., of this subsection.

(d) The decisionmaker must permit all parties the opportunity to submit findings of fact, conclusions of law, draft orders and memoranda on the issues within a time designated by the decisionmaker.

(e) A default must be entered against a party who:

Fails to appear at a hearing as directed by the decisionmaker, unless at least one of the following conditions exists:

a. Illness of a party, witness or attorney that would prevent attendance at the hearing,

b. An act of God that would prevent attendance at the hearing,

c. A designated threat to public safety that would prevent attendance at the hearing, or

d. Any other circumstance in the opinion of the decisionmaker that would warrant a continuance of the hearing.

Fails to comply with discovery after being granted a continuance as provided in subparagraph (b)5., of this subsection.

(f) An entry of default against a party is deemed the final decision of the decisionmaker and is not subject to the provision of subsection (7), of this rule.

(7) REVIEW OF DECISION.

(a) Pursuant to Section 430.203(9)(a), F.S., in the event a party requests a review of the decision by the decisionmaker, the parties must utilize, and mutually agree upon, an individual associated with one of the entities referenced in subparagraphs 1. and 2., of this paragraph for this review.

An arbitrator with the American Arbitration Association. The arbitrator must have experience with government contracts. Contact information for the association is American Arbitration Association, Bank of America Tower at International Place, 100 S.E. 2nd Street, Suite 2300, Miami, FL 33131, telephone number (305)358-7712.
A circuit court civil mediator certified by the Florida Supreme Court, who has experience with government contracts. Contact information for the Florida Supreme Court Dispute Resolution Center is https://www.flcourts.org/Resources-Services/Alternative-Dispute-Resolution.

(b) The reviewer must not have any conflict of interest that would affect his or her impartiality. A conflict of interest is defined as the reviewer, or any reviewer family member, having current or past business association with any of the parties involved in the dispute.

(d) The review shall not be a de novo proceeding, but only a review of the decision based on the record from the hearing.

(e) The written decision of the reviewer must be made within 30 calendar days after the request for review, unless the 30th day falls on a weekend or state holiday, in which case the deadline shall be the next business day.

The written decision must include findings of fact and conclusions of law. Based on these findings and conclusions, the reviewer may affirm or reject the decisionmaker’s recommendation.
If affirming the decisionmaker’s recommendation, the reviewer must make such a statement in its recommendation to the AAA.
If rejecting the decisionmaker’s recommendation, the reviewer must issue a recommendation to the AAA, supported by findings of fact and conclusions of law.

(f) The AAA may either accept or reject the reviewer’s recommendation. If the AAA rejects the reviewer’s recommendation, the AAA must notify all parties in writing within 10 calendar days after the recommendation is received, outlining the reason or reasons for not accepting the recommendation; and the AAA must either start the procurement process again or make an award consistent with its reason or reasons for rejecting the reviewer’s recommendation.

History

Rulemaking Authority 430.203(9)(a) FS. Law Implemented 430.203(9)(a) FS. History–New 5-13-10.

Fla. Admin. Code R. 58C-1.004 Application Procedures

History

Rulemaking Authority 430.08 FS. Law Implemented 430.204, 430.205 FS. History–New 3-11-81, Formerly 10A-10.04, 10A-10.004, Amended 3-28-95, 10-30-05, Repealed 10-6-08.

Fla. Admin. Code R. 58C-1.005 Service Provider Requirements

History

Rulemaking Authority 430.08 FS. Law Implemented 430.03, 430.04, 430.204, 430.205 FS. History–New 3-11-81, Formerly 10A-10.05, 10A-10.005, Amended 3-28-95, 9-24-08, Repealed 11-29-11.

Fla. Admin. Code R. 58C-1.007 Co-payments and Contributions

(1) Contracting agencies that enter into a contract to provide services under the Community Care for the Elderly program are responsible for collection of co-payments and contributions from clients receiving services.

(2) The contracting agency must determine a dollar amount that the applicant must be assessed for those services based on an overall ability to pay. Partial payments may also be assessed.

(3) Pursuant to Section 430.204(8), F.S., the dollar amount must be calculated by applying the current federal poverty guidelines published annually by the U.S. Department of Health and Human Services.

History

Rulemaking Authority 430.204(8) FS. Law Implemented 430.204(8) FS. History–New 3-11-81, Formerly 10A-10.07, 10A-10.007, Amended 3-28-95, 9-24-08.

Fla. Admin. Code R. 58C-1.008 Program Forms

History

Rulemaking Authority 430.08 FS. Law Implemented 430.205 FS. History–New 8-20-00, Amended 8-6-01, 9-24-08.

Division 58N Division of Statewide Community Based Services

Chapter 58N-1 Long-Term Care Community Diversion Projects

Fla. Admin. Code R. 58N-1.001 Application Process

History

Rulemaking Authority 430.705 FS. Law Implemented 430.705, 430.707 FS. History–New 4-29-08, Repealed 10-26-15.

Fla. Admin. Code R. 58N-1.009 Care and Service Standards

History

Rulemaking Authority 430.706 FS. Law Implemented 430.706 FS. History–New 4-29-08, Repealed 10-26-15.

Fla. Admin. Code R. 58N-1.011 Outcome Measures

History

Rulemaking Authority 430.706 FS. Law Implemented 430.705(2)(b)3., 430.706 FS. History–New 4-29-08, Repealed 10-26-15.

Fla. Admin. Code R. 58N-1.013 Quality Assurance Standards

History

Rulemaking Authority 430.706 FS. Law Implemented 430.706 FS. History–New 4-29-08, Repealed 10-26-15.

Fla. Admin. Code R. 58N-1.015 Utilization Review

History

Rulemaking Authority 430.706 FS. Law Implemented 430.706 FS. History–New 4-29-08, Repealed 10-26-15.

Fla. Admin. Code R. 58N-1.017 Grievance and Conflict Resolution

History

Rulemaking Authority 430.706 FS. Law Implemented 430.706 FS. History–New 4-29-08, Repealed 10-26-15.

Fla. Admin. Code R. 58N-1.019 Service Satisfaction

History

Rulemaking Authority 430.706 FS. Law Implemented 430.706 FS. History–New 4-29-08, Repealed 10-26-15.

Division 58B Division of Volunteer and Community Services

Chapter 58B-1 Aging Resource Centers

Fla. Admin. Code R. 58B-1.001 Definitions

In addition to the definitions included in Chapter 430, F.S., the following terms shall apply in this rule chapter:

(1) Access Point: A service provider or other entity that performs one or more aging resource center functions under an agreement with the aging resource center. The agreement can be in the form of a referral agreement, contract, memorandum of understanding, or any similar document.

(2) Aging Resource Center (ARC): An entity approved by the Department of Elder Affairs (DOEA), accessible through multiple entry points, that provides access to economic and long-term care services for all elders and their families, regardless of ability to pay. The eligibility functions are determined by the Comprehensive Assessment and Review for Long-term Care Services (CARES)/DOEA and the Department of Children and Families (DCF) Economic Self – Sufficiency (ESS) programs integrated through collocation of DOEA and DCF staff.

(a) Determination of financial and technical eligibility for all public assistance programs, including Medicaid, is the responsibility of DCF/ESS staff.

(b) Determination of medical eligibility for Medicaid waiver services and nursing home placement is the responsibility of DOEA/CARES staff.

Access: Providing elders, their families and caregivers a customer friendly way to gain long-term care information and entry into services and programs.
Information: Responding to an inquiry from a person, or on behalf of a person, regarding public and private resources and available services.
Referral: Obtaining information about a person’s needs; directing people to resources most capable of meeting the need; contacting the resource for the person as needed. (Follow-up is mandatory to determine the outcome of the Referral/Assistance.)
Screening: Performing standard data collection to gather information about an applicant for services and to conduct preliminary evaluation of eligibility for assistance.
Triaging: Sorting applicants for long-term care services and prioritizing access on the basis of need for or likely benefit from long-term care services.
Eligibility Determination: Reviewing and analyzing program specific criteria in order to decide if an individual is qualified to receive publicly funded program services.
Long-Term Care Options: Answering questions and providing unbiased information on available long-term care service options and advising on what factors to consider when selecting a program or provider.
Choice Counseling: Exploring all available alternatives to nursing facility placement and recommending placement and proper support services in the least restrictive, most appropriate setting possible; performed by DOEA CARES staff.
Fiscal Control: Maximizing the use, efficiency and targeting of public resources. Tools include Assessed Priority Consumer List (wait list) management and care plan review.
Quality Assurance: Ensuring that performance is in the client’s best interest and long-term care services are cost-effective, of high quality, and responsive and appropriate to assessed needs.

(3) Aging Resource Center client: An individual currently receiving services through any of the programs referred by the ARC, including individuals referred to private providers.

(4) Executive Director: An individual who shall be delegated responsibility for the ARC management and implementation of governing body policy; and who shall be accountable to the governing body for the ARC’s performance. The ARC executive director may be the same individual who serves as the area agency on aging executive director.

(5) Governing Body: The board of the area agency on aging.

(6) Information and Referral Specialist: The staff person(s) responsible for providing:

(a) Information to individuals regarding public and private resources;

(b) Referral of individuals to the resources capable of meeting their needs; and,

(7) Intake, Screening and Triaging Professional: The staff person(s) responsible for carrying out the following duties and responsibilities:

(a) For Title XIX (Medicaid/MedWaiver) services:

Assisting in the initial preliminary determination of programs and services that may serve the needs of the individual; and,
Providing information on eligibility criteria and the application process.

(b) For other funded services (Older Americans Act, Community Care for the Elderly, Home Care for the Elderly, Alzheimer’s Disease Initiative, and contracted services), determining an applicant’s:

Potential eligibility for non-Medicaid programs,
Prioritized need for long-term care services; and,
Priority for a comprehensive assessment.

History

Rulemaking Authority 430.08, 430.2053(10) FS. Law Implemented 430.2053 FS. History–New 4-16-07.

Fla. Admin. Code R. 58B-1.003 Operating Procedures

(1) Service Delivery and Accessibility. At a minimum, information shall be provided to all persons accessing the ARC by telephone, the Internet, or in person.

(a) The ARC shall, at a minimum, maintain regular business hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding state and national holidays.

(b) A staff member shall be assigned to answer the published, main telephone number of the ARC during regular business hours.

(c) The ARC shall ensure there is a system in place for answering and responding to calls received outside of the regular business hours.

The system shall, at a minimum, identify the agency, hours of operation, and give callers the option to leave a message.
The system shall instruct callers to dial “911” in the event of an emergency.
Messages shall be responded to the next business day.

(d) The ARC shall maintain an adequate number of access points to ensure that consumers who reside in all counties in the planning and service area have access to ARC services.

(2) Executive Staff Requirements: At a minimum, executive staffing requirements shall consist of:

(a) An executive director who shall be a full-time employee having designated authority over the staff and all activities of the ARC; and,

(b) A fiscal officer.

(3) Professional Staff Requirements: Professional staff shall be available to perform the tasks required of the ARC. Additional professional staff shall be required to adequately meet the needs of elders residing within the area served by the center if the minimum staffing standards cannot adequately meet those needs. At a minimum, the ARC shall employ the following professional staff:

(a) One Information and Referral Specialist; and,

(b) One Intake, Screening and Triaging Professional.

The minimum professional staff requirement does not preclude an individual from performing the functions of both positions, provided the individual meets the minimum qualifications for each position as outlined in subsection (4), of this rule.

(4) Minimum Education and Experience Requirements: The ARC executive staff and professional staff shall meet minimum standards for education and experience and shall demonstrate competency in job knowledge pertinent to their areas of responsibility. The following are the criteria for ARC executive staff and professional staff:

(a) The executive director shall meet the following minimum standards:

Have a Bachelor’s Degree from an accredited college or university in public administration, education, social work, or a related academic area with a minimum of five years of professional or administrative supervisory experience in social, economic, health, or rehabilitative services. A Master’s degree can substitute for one year of required work experience.
Work experience as indicated above may be substituted for the required college education on a year for year basis.
Five years experience in project management or community organization and planning related to elderly services is preferred.

(b) The fiscal officer shall meet the following minimum standards:

Have the appropriate educational and accounting experience as indicated below:

a. A current CPA certification, or

b. A Bachelor’s Degree in accounting with two years of cost accounting experience in a non-profit setting, or

c. Have at least four years experience with Medicaid fiscal regulations and four years with state accounting procedures. The four years experience for each category may occur simultaneously.

Demonstrate a working knowledge of cost principles and internal control procedures for grants and contracts with the federal government for non-profit organizations (OMB circulars A-87, A-110, A-122 and A-133).

Have a Bachelor’s Degree from an accredited college or university in a human services related field, or
Have an Associate of Arts Degree from an accredited entity in a human services related field and a minimum of two years experience in information and referral services, case management, call center services, social services, or related work experience, or
Have a high school diploma or GED and four years experience in information and referral services, case management, call center services, social services, or related work experience.

(d) The Intake, Screening and Triaging Professional shall meet the following minimum standards:

Have a Bachelor’s Degree from an accredited college or university in a human services related field, or
Have an Associate of Arts Degree from an accredited entity in a human service related field and a minimum of two years experience as a caseworker, case manager, intake specialist, or related work experience with the long-term care client population, or
Have a high school diploma or GED and four years experience as a caseworker, case manager, intake specialist, or related work experience with the long-term care client population.

(5) Records: The ARC shall maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting principles and sound business practices that sufficiently and properly reflect all revenues and expenditures of funds provided by the department. This documentation shall be made available upon request for monitoring and auditing purposes.

(a) All financial documents shall be filed, retained, and made available in the manner described in the contract with the department for a period of at least five (5) years after termination of the contract. If an audit has been initiated and audit findings have not been resolved at the end of the five (5) years, the records shall be retained at least until resolution of the audit findings.

(b) The ARC shall be audited annually by an independent accounting firm and shall submit the final report of the audit to the Department within nine months after the end of the ARC’s fiscal year.

(6) Information Technology Standards: The ARC shall meet the minimum standards for information technology provided below.

(a) The ARC shall have sufficient computer hardware and software resources to provide:

Connectivity to DOEA applications via a private network such as the Florida Suncom network or a subscription Virtual Private Network (VPN). The department shall verify the security of all connections to its information systems.
A computing environment sufficient to operate the department’s application programs. These applications require the current versions of the Microsoft or Netscape branded browsers that support the execution of Java Script, meet the version 4.0 Hypertext Markup Language (HTML 4.0) standards, and the version 1.0 Cascading Style Sheets (CCS 1.0) standard.

(b) The ARC shall have information technology measures in place that meet security requirements for computer viruses, Denial of Service (DOS) attacks, and malware; and compliance with the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).

(c) The ARC shall maintain operational security including, but not limited to, current security patches that ensure stability of the network.

(d) The ARC shall utilize information technology that ensures compatibility and connectivity with the department.

(e) The ARC shall employ staff with technical expertise needed to support and maintain a computerized information system in accordance with the ARC’s contract with the department.

(f) The ARC shall include information technology protocols in its disaster/emergency and continuity of operations plans to ensure data backup and continuity during a disaster or emergency.

History

Rulemaking Authority 430.08, 430.2053(10) FS. Law Implemented 430.2053 FS. History–New 4-16-07.

Fla. Admin. Code R. 58B-1.005 Monitoring and Sanctioning of Access Points

This rule applies only to access points that have a direct monetary funding agreement with the ARC.

(1) Monitoring:

(a) Monitoring Elements: As part of the monitoring process, the ARC shall ensure that, at a minimum, the areas referenced in subparagraphs 1. through 7., of this subsection are reviewed. Access points shall have this information available for the ARC’s review.

An appropriate grievance process is in place for a subcontracted entity, if the entity is eligible to file a grievance,
Professional staff has the minimum educational and experience requirements required in Rule 58B-1.003, F.A.C.,
Functional screening and financial eligibility are timely and accurate,
Eligibility determinations and enrollment procedures are timely and accurate,
Information and referral services and long-term care options counseling provide accurate information that meet the individual’s needs,
Processes for receiving and acting on complaints and resolving client grievances and other persons who use ARC services are appropriate and effective; and,
Training and technical assistance needs are identified.

(b) Monitoring Procedures. The ARC shall adhere to the following:

At a minimum, the ARC shall perform an annual on-site administrative, programmatic, quality assurance, and, if applicable, fiscal monitoring of access points to ensure compliance with ARC agreements.
The ARC executive director shall submit a written report by certified mail to the access point no later than 21 calendar days from the last date of the onsite monitoring visit. The report shall outline the monitoring findings, that a corrective action plan shall be submitted to the ARC within 21 calendar days from the date of the report, if deficiencies are identified, and other sanctions the ARC determines is warranted, if applicable. The report shall indicate that the access point has the right to request an informal review and/or file a grievance pursuant to its agreement with the ARC.
The access point’s failure to submit a corrective action plan within the 21 calendar day time frame shall result in sanction(s) pursuant to subparagraphs (2)(a)2. through 12., of this rule.
The ARC shall determine if the corrective action plan is acceptable and shall notify the access point if further action is required within 21 calendar days from receiving the report.

(2) Sanctioning: ARC access points that do not meet requirements of the ARC agreements shall be subject to sanctioning.

(a) Sanctions may include the following, depending upon the severity of the violation:

Development, submission, and implementation of an acceptable corrective action plan to address identified areas of concern, agreement breaches, and noncompliance issues,
Submission of additional and/or more detailed financial and/or performance reports,
Designation as a high-risk access point, requiring additional monitoring visits,
Repayment of disallowed costs,
Amendments to the current ARC agreement,
Restrictions on ability to draw down programmatic and administrative funding,
Imposition of required technical assistance,
Limitation or prohibition of direct service provision,
Limitation or prohibition of use of specific service providers,
Financial penalties not to exceed $5,000.00 per agreement violation,
Suspension of the entity’s ability to function as an access point; and,
Termination of the entity’s ability to function as an access point.

(b) Sanctioning procedures: The ARC shall follow the procedures below to sanction access points:

The ARC executive director shall submit a written notification by certified mail to the access point.
The notification shall outline the sanction(s) to be implemented and the reason(s) the ARC is levying the sanctions against the access point.
The notification shall include language that the access point has the right to request an informal review and/or file a grievance pursuant to its agreement with the ARC and the method by which to do so.

History

Rulemaking Authority 430.08, 430.2053(10) FS. Law Implemented 430.2053 FS. History–New 4-16-07.

Fla. Admin. Code R. 58B-1.007 Oversight Standards for the Aging Resource Center Governing Body

Pursuant to its contract with the ARC, the department shall monitor the performance and oversight activities of the ARC governing body to ensure the appropriateness and quality of care received by clients. The governing body shall be accountable for oversight standards for the ARC including, but not limited to:

(1) Compliance with legal and contractual requirements, established department policies, and effective management principles;

(2) Ensuring that services are provided in the most cost effective and cost saving manner in order to provide services to the greatest number of eligible individuals to help them remain in the community and avoid unnecessary institutional care;

(3) Reviewing the implementation of policies, governing body directives, and overall organizational accountability;

(4) Reviewing human resource management;

(5) Ensuring the ARC has a system for recruiting, hiring, evaluating, and terminating employees;

(6) Ensuring the ARC has written protocols for the development of cooperative relationships with community service agencies, and documented existence of cooperative relationships to ensure the intent of the ARC concept and mission are met;

(7) Ensuring compliance with program guidelines;

(8) Ensuring information management and data integrity, including accurate and reliable collection of client specific data;

(9) Completing a written annual performance evaluation of the executive director;

(10) Ensuring that the ARC develops an annual operational plan to be submitted to the department. The plan shall demonstrate that the ARC is achieving the goals as set forth by contract, statute, and rules;

(11) Ensuring that the ARC develops and incorporates disaster/emergency and continuity of operations plans in cooperation with those established by the area agency on aging for the planning and service area; and,

(12) Overseeing the appropriateness of the ARC financial operations.

History

Rulemaking Authority 430.08, 430.2053(10) FS. Law Implemented 430.2053 FS. History–New 4-16-07.

Fla. Admin. Code R. 58B-1.009 Outcome Measures and Quality Assurance Standards

(1) Outcome Measures: The ARC governing body shall ensure that ARCs perform the following minimum outcome measures:

(a) Adhere to the annual Legislative mandate for the percentage of individuals, age 60 and older, determined to be eligible for nursing home placement that are placed in home and community based services; and,

(b) Demonstrate that the average monthly savings for clients receiving home and community based services is less than the Medicaid cost for nursing home care for comparable client groups.

(2) Quality Assurance Standards: The ARC shall adhere to the following quality assurance standards to provide assurance that clients are receiving services that meet their needs and access points are adhering to the terms of the ARC agreements. This activity shall include the following elements:

(a) Ensuring access points adhere to the ARC agreements regarding the provision of client services in the most effective and cost saving manner. This shall be determined through regular monitoring, feedback and client satisfaction surveys.

(b) Ensuring that clients receive care and services that meet their needs while living in the community in order to avoid nursing home placement. This shall be accomplished through periodic clinical review of client care plans, client progress towards goals, and client satisfaction surveys.

History

Rulemaking Authority 430.08, 430.2053(10) FS. Law Implemented 430.2053 FS. History–New 4-16-07.

Division 58A Federal Aging Programs

Chapter 58A-1 ADMINISTRATION OF FEDERAL AGING PROGRAMS

Fla. Admin. Code R. 58A-1.001 Definitions

The following terms are defined in this rule:

(1) AREA AGENCY ON AGING: An agency designated by the department to develop and administer an Area Plan for a comprehensive and coordinated service system for older persons in a Planning and Service Area (PSA). The area agency on aging may also be referred to as an area agency.

(2) CONTRACTING AGENCY: An area agency on aging, a lead agency, or any other agency or entity that enters into a contract to provide program administration or program services with a contractor.

(3) CONTRACTOR: The department, area agency on aging, lead agency or any other entity that initiates a contract with a contracting agency.

(4) PLANNING AND SERVICE AREAS (PSAs): Geographic areas of Florida designated by the department for purposes of planning, development, delivery and administration of services under an area plan. The Planning and Service Areas and the counties they include are designated as follows: PSA 1 ‒ Escambia, Okaloosa, Santa Rosa, Walton; PSA 2 ‒ Bay, Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Taylor, Wakulla, Washington; PSA 3 ‒ Alachua, Bradford, Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Lake, Levy, Marion, Putnam, Sumter, Suwannee, Union; PSA 4 ‒ Baker, Clay, Duval, Flagler, Nassau, St. Johns, Volusia; PSA 5 ‒ Pasco, Pinellas; PSA 6 ‒ Hardee, Highlands, Hillsborough, Manatee, Polk; PSA 7 ‒ Brevard, Orange, Osceola, Seminole; PSA 8 ‒ Charlotte, Collier, DeSoto, Glades, Hendry, Lee, Sarasota, the Seminole Indian Reservations; PSA 9 ‒ Indian River, Martin, Okeechobee, Palm Beach, St. Lucie; PSA 10 ‒ Broward; PSA 11 ‒ Miami-Dade, Monroe.

History

Rulemaking Authority 430.08 FS. Law Implemented 430.03, 430.04 FS. History–New 12-23-81, Formerly 10A-11.01, 10A-11.001, Amended 3-28-95, 9-24-08.

Fla. Admin. Code R. 58A-1.002 Department Duties Under the Older Americans Act

History

Rulemaking Authority 430.08 FS. Law Implemented 20.41, 430.03, 430.04, 430.101 FS. History–New 12-23-81, Formerly 10A-11.02, 10A-11.002, Amended 3-28-95, 9-24-08, Repealed 11-29-11.

Fla. Admin. Code R. 58A-1.003 Department Assistance to the Advisory Council

History

Rulemaking Authority 430.08 FS. Law Implemented 430.05 FS. History–New 12-23-81, Formerly 10A-11.03, 10A-11.003, Amended 3-28-95, 9-24-08, Repealed 11-29-11.

Fla. Admin. Code R. 58A-1.004 Responsibilities of the Department of Elder Affairs as the State Unit on Aging

History

Rulemaking Authority 430.08 FS. Law Implemented 20.41, 430.03, 430.04, 430.101 FS. History–New 12-23-81, Formerly 10A-11.04, 10A-11.004, Amended 3-28-95, 9-24-08, Repealed 11-29-11.

Fla. Admin. Code R. 58A-1.005 Designation of Area Agencies on Aging

History

Rulemaking Authority 430.08 FS. Law Implemented 20.41, 430.03, 430.04 FS. History–New 12-23-81, Formerly 10A-11.05, 10A-11.005, Amended 3-28-95, 9-24-08, Repealed 11-29-11.

Fla. Admin. Code R. 58A-1.0051 Procedures for Rescinding Designation of an Area Agency on Aging

History

Rulemaking Authority 430.08 FS. Law Implemented 430.04 FS. History–New 9-24-08, Repealed 11-29-11.

Fla. Admin. Code R. 58A-1.006 The Area Agency on Aging’s Area Plan

History

Rulemaking Authority 430.08 FS. Law Implemented 20.41, 430.03, 430.04 FS. History–New 12-23-81, Formerly 10A-11.06, 10A-11.006, Amended 3-28-95, 10-30-05, 9-24-08, Repealed 11-29-11.

Fla. Admin. Code R. 58A-1.007 Area Agency on Aging Functions and Responsibilities

(1) Within the planning and service area, an area agency on aging must:

(a) Serve as an effective and visible advocate and focal point for older persons in the planning and service area; and,

(b) Develop and administer the area plan for a comprehensive and coordinated system of services for older persons in accordance with the requirements of its contract with the department.

(2) Each area agency on aging must agree to the following responsibilities:

(a) Establish and maintain a board of directors and an advisory council. The responsibilities, membership, frequency of meeting, by-laws and minutes of the advisory council must follow the conditions as required under Section 306(a)(6)(D) of the Older Americans Act of 1965, as amended in 2006.

(b) Establish and maintain staff to administer the area plan.

(c) Plan social, health, nutrition and in-home services to meet the current and projected needs of older persons in the planning and service area, within the limits of available funds.

(d) Contract with service providers to assist socially or economically needy older persons, with special emphasis on low-income older individuals, including low-income minority older individuals, older individuals with limited English proficiency and older individuals residing in rural areas, as established by local needs assessment information.

(e) Have procedures for handling complaints from persons whose services have been denied, terminated or reduced under any programs funded by the Older Americans Act. The procedures shall be developed in accordance with the area agency on aging’s contract with the department.

(f) Provide programmatic and technical assistance to service providers and monitor and assess services provided under the area plan.

(g) Provide financial management services, technical assistance and financial monitoring of the operations of the service providers, and maintain accountability for all contracted funds awarded by the department.

(h) Provide training and staff development necessary for the implementation of the area plan.

(i) Accurately prepare and submit programmatic and fiscal reports required by departmental policies in a timely manner as specified in its contract with the department.

(j) Coordinate with other programs serving older persons to ensure a comprehensive service delivery system.

(k) Ensure that membership of the area agency on aging governing board is composed of persons residing within the planning and service area. Each governing board shall adopt in its by-laws specific policy concerning conflict of interest regarding board members. No conflict policy shall be less stringent than the Code of Conduct provided in chapter 112, part III, F.S., the Code of Ethics for Public Officers and Employees.

(3) The Area Agency on Aging is authorized to plan and administer the programs listed in this subsection as established by the provisions of its contract with the department:

(a) Older Americans Act of 1965, as amended in 2006:

Title III B – Supportive Services and Senior Centers Program;

Title III C – Nutrition Programs;

Title III D – Disease Prevention and Health Promotion Services Program;

Title III E – National Family Caregiver Support Program; and,

Title VII – Elder Abuse, Neglect, Exploitation. The department shall directly administer programs from Title VII, Older Americans Act, Programs for Prevention of Elder Abuse, Neglect, and Exploitation; and the Outreach, Counseling, and Assistance Program.

(b) Emergency Home Energy Assistance for the Elderly Program.

(d) United States Department of Agriculture programs.

(e) Additional federal grant programs as awarded by the federal government.

History

Rulemaking Authority 430.08 FS. Law Implemented 430.03, 430.04 FS. History–New 12-23-81, Formerly 10A-11.07, 10A-11.007, Amended 3-28-95, 9-24-08.

Fla. Admin. Code R. 58A-1.008 Service Providers Under the Area Plan

(1) Any public or private non-profit agency or organization, incorporated under the Laws of Florida, is eligible to receive a subgrant or contract for services funded under the Older Americans Act. A regional or local agency of the state, however, is not eligible as a service provider. An area agency on aging may not provide direct services unless the department determines that this is necessary in order to ensure an adequate supply of a specific service.

(2) Eligible agencies or organizations desiring to provide services under the area plan must apply to the local area agency on aging when a request for proposal(s) has been issued.

History

Rulemaking Authority 430.08 FS. Law Implemented 430.03, 430.04 FS. History–New 12-23-81, Formerly 10A-11.08, 10A-11.008, Amended 3-28-95, 10-30-05, 9-24-08.

Fla. Admin. Code R. 58A-1.009 Confidentiality and Disclosure of Information

History

Rulemaking Authority 20.41(2), 410.016(2)(k), 430.08 FS., Chapter 91-115, Section 10, Laws of Florida Law Implemented 20.41, 410.016(2)(e), 410.0295, 410.037, 410.302, 410.403, 410.605, 430.05 FS., Chapter. 91-115, Section 10, Laws of Florida History–New 12-23-81, Formerly 10A-11.09, 10A-11.009, Amended 3-28-95, Repealed 10-6-08.

Fla. Admin. Code R. 58A-1.010 Program Forms

The following forms shall be used for programs regulated by this chapter. These forms are hereby incorporated by reference, and are available from the Department of Elder Affairs, 4040 Esplanade Avenue, Tallahassee, Florida 32399-7000.

(1) For purposes of assessment:

(a) DOEA Form 701A, Department of Elder Affairs Condensed Assessment, April 2013.

(b) DOEA Form 701B, Department of Elder Affairs Comprehensive Assessment, April 2013.

(d) DOEA Form 701S, Department of Elder Affairs Screening Form, April 2013.

(e) DOEA Form 701T, Department of Elder Affairs Non-Community Placement, April 2013.

(2) For purposes of documenting planned services of care, a case management agency must develop a care plan format that includes at least the following information:

(a) Client name and identification number;

(b) Case management agency name and identification number;

(d) Types, units, frequency and duration of planned DOEA and non-DOEA services;

(e) The provider and associated costs of each planned service;

(f) Initiation, revision and termination dates of the care plan;

(g) An acknowledgement that the client or client’s representative is involved in the development of the care plan; and,

(h) Client or representative and case manager signatures and date of signatures.

History

Rulemaking Authority 430.08 FS. Law Implemented 429.69, 430.101, 430.04 FS. History–New 8-20-00, Amended 8-6-01, 9-24-08, 7-1-13.

Chapter 58A-2 HOSPICE

Fla. Admin. Code R. 58A-2.002 Definitions

History

Rulemaking Authority 400.605 FS. Law Implemented 400.602, 400.605 FS. History–New 5-6-82, Formerly 10A-12.02, 10A-12.002, Amended 4-27-94, Formerly 59A-2.002, Amended 6-5-97, 8-11-08, Transferred to 59A-38.001, 7-1-19.

Fla. Admin. Code R. 58A-2.003 License Requirements

History

Rulemaking Authority 400.605 FS. Law Implemented 400.602, 400.605 FS. History–New 5-6-82, Formerly 10A-12.03, 10A-12.003, Amended 4-27-94, Formerly 59A-2.003, Amended 6-5-97, 8-11-08, Transferred to 59A-38.002, 7-1-19.

Fla. Admin. Code R. 58A-2.004 Licensure Procedure

History

Rulemaking Authority 400.605 FS. Law Implemented 400605(1)(a) FS. History–New 5-6-82, Formerly 10A-12.04, Amended 10-6-91, Formerly 10A-12.004, Amended 4-27-94, Formerly 59A-2.004, Amended 6-5-97, 8-10-03, Transferred to 59A-38.003, 7-1-19.

Fla. Admin. Code R. 58A-2.005 Administration of the Hospice

History

Rulemaking Authority 400.605, 400.60501 FS. Law Implemented 400.605(1)(c), 400.60501, 400.610 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, 8-11-08, Transferred to 59A-38.004, 7-1-19.

Fla. Admin. Code R. 58A-2.009 Coordinated Care Program

History

Rulemaking Authority 400.605 FS. Law Implemented 400.605 FS. History–New 5-6-82, Formerly 10A-12.09, 10A-12.009, Amended 4-27-94, Formerly 59A-2.009, Amended 6-5-97, Transferred to 59A-38.005, 7-1-19.

Fla. Admin. Code R. 58A-2.010 Quality Assurance and Utilization Review (QAUR)/Quality Assessment and Performance Improvement (QAPI) Committee and Plan

History

Rulemaking Authority 400.605 FS. Law Implemented 400.605, 400.610 FS. History–New 5-6-82, Formerly 10A-12.10, 10A-12.010, Amended 4-27-94, Formerly 59A-2.010, Amended 6-5-97, 8-11-08, Transferred to 59A-38.006, 7-1-19.

Fla. Admin. Code R. 58A-2.012 Program Reporting Requirements

History

Rulemaking 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, 8-11-08, Transferred to 59A-38.007, 7-1-19.

Fla. Admin. Code R. 58A-2.014 Medical Direction

History

Rulemaking Authority 400.605 FS. Law Implemented 400.605, 400.610, 400.6105 FS. History–New 5-6-82, Formerly 10A-12.14, 10A-12.014, Amended 4-27-94, Formerly 59A-2.014, Amended 6-5-97, 8-11-08, Transferred to 59A-38.008, 7-1-19.

Fla. Admin. Code R. 58A-2.0141 Nursing Services

History

Rulemaking Authority 400.605 FS. Law Implemented 400.605, 400.609, 400.6105 FS. History–New 6-5-97, Transferred to 59A-38.009, 7-1-19.

Fla. Admin. Code R. 58A-2.015 Spiritual Counseling Services

History

Rulemaking Authority 400.605 FS. Law Implemented 400.605, 400.609, 400.6105 FS. History–New 5-6-82, Formerly 10A-12.15, 10A-12.015, Amended 4-27-94, Formerly 59A-2.015, Amended 6-5-97, Transferred to 59A-38.010, 7-1-19.

Fla. Admin. Code R. 58A-2.016 Counseling and Social Services

History

Rulemaking Authority 400.605 FS. Law Implemented 400.605, 400.609, 400.6105 FS. History–New 5-6-82, Formerly 10A-12.16, 10A-12.016, Amended 4-27-94, Formerly 59A-2.016, Amended 6-5-97, Transferred to 59A-38.011, 7-1-19.

Fla. Admin. Code R. 58A-2.017 Volunteer Services

History

Rulemaking Authority 400.605 FS. Law Implemented 400.605, 400.609, 400.6105 FS. History–New 5-6-82, Formerly 10A-12.17, 10A-12.017, Amended 4-27-94, Formerly 59A-2.017, Amended 6-5-97, Transferred to 59A-38.012, 7-1-19.

Fla. Admin. Code R. 58A-2.018 Bereavement Services

History

Rulemaking Authority 400.605 FS. Law Implemented 400.605, 400.609 FS. History–New 5-6-82, Formerly 10A-12.18, 10A-12.018, Amended 4-27-94, Formerly 59A-2.018, Amended 6-5-97, Transferred to 59A-38.013, 7-1-19.

Fla. Admin. Code R. 58A-2.019 Nutritional Services

History

Rulemaking Authority 400.605 FS. Law Implemented 400.605, 400.609 FS. History–New 5-6-82, Formerly 10A-12.19, 10A-12.019, Amended 4-27-94, Formerly 59A-2.019, Amended 6-5-97, Transferred to 59A-38.014, 7-1-19.

Fla. Admin. Code R. 58A-2.0232 Advance Directives and Do Not Resuscitate Orders (DNRO)

History

Rulemaking Authority 765.110, 400.605, 400.6095(8) FS. Law Implemented 400.605, 400.6095(8), 765.109, 765.110 FS. History–New 1-11-93, Formerly 59A-2.025, Amended 4-27-94, Formerly 59A-2.0232, Amended 6-5-97, 8-11-08, Transferred to 59A-38.015, 7-1-19.

Fla. Admin. Code R. 58A-2.0236 Residential Units

History

Rulemaking Authority 400.605 FS. Law Implemented 400.605, 400.6051 FS. History–New 4-27-94, Formerly 59A-2.0236, Amended 6-5-97, 8-10-03, 4-24-07, Transferred to 59A-38.016, 7-1-19.

Fla. Admin. Code R. 58A-2.025 Physical Plant Requirements (Inpatient Facility and Unit)

History

Rulemaking Authority 400.605, 400.6051 FS. Law Implemented 400.6051 FS. History–New 8-10-03, Amended 4-24-07, Transferred to 59A-38.017, 7-1-19.

Fla. Admin. Code R. 58A-2.026 Comprehensive Emergency Management Plan

History

Rulemaking Authority 400.605, 400.610(1)(b) FS. Law Implemented 400.605, 400.610 FS. History–New 8-6-02, Amended 4-24-07, Transferred to 59A-38.018, 7-1-19.

Fla. Admin. Code R. 58A-2.027 Hospice Employee Training Requirements

History

Rulemaking Authority 400.6045(1) FS. Law Implemented 400.6045(1) FS. History–New 1-1-04, Transferred to 59A-38.019, 7-1-19.

Fla. Admin. Code R. 58A-2.028 Hospice Training Provider and Curriculum Approval

History

Rulemaking Authority 400.6045(1) FS. Law Implemented 400.6045(1) FS. History–New 1-1-04, Transferred to 59A-38.020, 7-1-19.

Chapter 58A-4 NURSING HOME TRAINING

Fla. Admin. Code R. 58A-4.001 Nursing Home Employee Training Requirements

(1) Each facility licensed under Chapter 400, Part II, F.S., shall ensure that facility employees receive the following training:

(a) Completion of the required initial one hour of training after June 30, 2001, shall satisfy the requirement referenced in Section 400.1755(2), F.S. Facility employees who meet the requirements for Alzheimer’s Disease or Related Disorders training providers under paragraph (d), of this subsection, shall be considered as having met this requirement. Initial one-hour training shall address the following subject areas:

Understanding Alzheimer’s Disease or Related Disorders,
Characteristics of Alzheimer’s Disease or Related Disorders; and,
Communicating with residents with Alzheimer’s Disease or Related Disorders.

(b) Completion of the required continuing three hours of training after June 30, 2001, shall satisfy the requirement referenced in Section 400.1755(3), F.S. Facility employees who meet the requirements for Alzheimer’s Disease or Related Disorders training providers under paragraph (d), of this subsection, shall be considered as having met the requirements of Section 400.1755(3), F.S. The three hours of continuing training must address the following subject areas as they apply to Alzheimer’s Disease or Related Disorders:

Behavior management,
Assistance with activities of daily life,
Activities for residents,
Stress management for the care giver,
Family issues,
Resident environment; and,
Ethical issues.

(c) A detailed description of the subject areas that shall be included in a curriculum which meets the requirements of paragraphs (a) and (b), of this subsection, can be found in the document Training Guidelines for the Special Care of Nursing-Home Residents with Alzheimer’s Disease or Related Disorders, October 2001, incorporated by reference, available from the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000.

(d) Persons who seek to provide Alzheimer’s Disease or Related Disorders training in accordance with this subsection shall provide the Department of Elder Affairs or its designee documentation that they hold a Bachelor’s degree in a health-care, human service or gerontology related field from an accredited college or university or hold a license as a registered nurse, and:

Possess teaching or training experience as an educator of care givers for persons with Alzheimer’s Disease or Related Disorders,
Have one year of practical experience in a program providing care to persons with Alzheimer’s Disease or Related Disorders, or
Have completed a specialized training program in Alzheimer’s Disease or Related Disorders from a university or an accredited health care or human service or gerontology continuing education provider.

(e) With reference to requirements in paragraph (d), a Master’s degree from an accredited college or university in a subject related to health-care, human service, or gerontology can substitute for the teaching or training experience referenced in subsection (2). Years of teaching experience or training as an educator of care givers for persons with Alzheimer’s Disease or Related Disorders may substitute on a year-by-year basis for the required Bachelor’s degree.

(2) A facility employee who has successfully completed training and continuing education consistent with the requirements of Section 429.178, F.S., shall be considered as having met the training requirements of this rule.

History

Rulemaking Authority 400.1755 FS. Law Implemented 400.1755 FS. History–New 2-3-02.

Fla. Admin. Code R. 58A-4.002 Nursing Home Training Provider and Curriculum Approval

(1) Persons seeking approval as an Alzheimer’s Disease or Related Disorders training provider shall complete DOEA Form ADRD-001, Application for Alzheimer’s Disease or Related Disorders Training Provider Certification, dated November 2001, which is incorporated by reference and available at the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000. Persons seeking to obtain approval of the Alzheimer’s Disease or Related Disorder curriculum shall complete DOEA Form ADRD-002, Application for Alzheimer’s Disease or Related Disorders Training Three-Year Curriculum Certification, dated November 2001, which is incorporated by reference and available at the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000. Approval must be obtained from the Department or its designee for the training provider and the training curriculum prior to commencing training activities. Approval of the training curriculum shall be granted for 3 years, whereupon the training curriculum must be re-submitted to the Department or its designee for re-approval.

(2) Upon receipt of the training provider’s or the training curriculum application, the Department or its designee shall respond in writing within 30 calendar days in one of the following three ways:

(a) Notify the applicant that the application is approved or not approved;

(b) Request additional information from the applicant in order to make a determination. Upon receipt of the additional information by the Department or its designee, the Department or its designee will have 30 calendar days to make a determination, or

(c) Notify the applicant that an additional 30 calendar days is needed to review the application and make a determination.

Upon notice of approval from the Department or its designee, the applicant may be identified as an approved training provider or approved training curriculum as indicated by the Department or its designee. The Department or its designee shall maintain a list of approved training providers and training curriculum and provide a list of approved training providers to all interested parties upon request.

(3) If an applicant’s application is not approved, the Department or its designee shall respond in writing within 30 calendar days indicating the reasons for not approving the application and information or documentation needed for approval.

(4) Approved training providers shall maintain records of each course taught for a period of three years following each program presentation. Course records shall include the title of the training program, the number of hours of training, the training provider’s name, the date and location of the course, and a roster of trainees.

(5) Upon successful completion of training, the trainee shall be issued a certificate by the approved training provider. The certificate shall include the title of the approved training course, the number of hours of training, the participant’s name, dates of attendance, location, the training provider’s name, dated signature, and, if held, the trainee’s license or certification number.

(6) The Department reserves the right to attend and monitor training courses, review records and course materials approved pursuant to this rule, and revoke approved training provider status on the basis of non-adherence to approved curricula, the provider’s failure to maintain required training credentials, or circumstances in which the provider is found to knowingly disseminate any false or misleading information.

(7) Certificates of any training required by this rule shall be documented in the facility’s personnel files.

(8) Training providers and curricula which are approved consistent with the provisions of Section 429.178, F.S., shall be considered as having met the requirements of this subsection.

History

Rulemaking Authority 400.1755 FS. Law Implemented 400.1755 FS. History–New 2-3-02

Chapter 58A-5 ASSISTED LIVING FACILITIES

Fla. Admin. Code R. 58A-5.013 Purpose

History

Rulemaking Authority 400.441 FS. Law Implemented 400.401, 400.428 FS. History–New 5-14-81, Amended 1-6-82, 5-19-83, 9-17-84, Formerly 10A-5.13, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.013, Repealed 10-30-95.

Fla. Admin. Code R. 58A-5.0131 Definitions

History

Rulemaking Authority 429.41, 429.929 FS. Law Implemented 429.07, 429.075, 429.11, 429.14, 429.19, 429.41, 429.47, 429.52, 429.905 FS. History–New 9-30-92, Formerly 10A-5.0131, Amended 10-30-95, 6-2-96, 4-20-98, 11-2-98, 10-17-99, 1-9-02, 7-30-06, 4-15-10, 4-17-14, 5-10-18, Transferred to 59A-36.002, 7-1-19.

Fla. Admin. Code R. 58A-5.014 Licensing and Change of Ownership

History

Rulemaking Authority 429.17, 429.27, 429.41 FS. Law Implemented 429.04, 429.07, 429.075, 429.11, 429.12, 429.17, 429.27, 429.41 FS. History–New 5-14-81, Amended 1-6-82, 5-19-83, 9-17-84, Formerly 10A-5.14, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.014, Amended 10-30-95, 4-20-98, 10-17-99, 7-30-06, 4-17-14, 5-10-18, Transferred to 59A-36.003, 7-1-19.

Fla. Admin. Code R. 58A-5.015 License Renewal and Conditional Licenses

History

Rulemaking Authority 429.41 FS. Law Implemented 429.04, 429.07, 429.11, 429.14, 429.17, 429.174, 429.27, 429.275, 429.41, 429.47 FS. History-New 10-17-99, Amended 7-30-06, Repealed 3-13-14.

Fla. Admin. Code R. 58A-5.016 License Requirements

History

Rulemaking Authority 429.41 FS. Law Implemented 429.41, 429.44 FS. History–New 5-15-81, Amended 1-6-82, 9-17-84, Formerly 10A-5.16, Amended 6-21-88, 9-30-92, Formerly 10A-5.016, Amended 10-30-95, 10-17-99, 7-30-06, 4-15-10, 4-17-14, Transferred to 59A-36.004, 7-1-19.

Fla. Admin. Code R. 58A-5.0161 Inspection Responsibilities

History

Rulemaking Authority 429.41 FS. Law Implemented 429.41 FS. History–New 8-15-90, Formerly 10A-5.0161, Amended 10-30-95, 10-17-99, 3-13-145, Transferred to 59A-36.005, 7-1-19.

Fla. Admin. Code R. 58A-5.0181 Admission Procedures, Appropriateness of Placement and Continued Residency Criteria

History

Rulemaking Authority 429.07, 429.41 FS. Law Implemented 429.07, 429.26, 429.28, 429.41 FS. History–New 9-17-84, Formerly 10A-5.181, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.0181, Amended 10-30-95, 6-2-96, 10-17-99, 7-30-06, 10-9-06, 4-15-10, 10-14-10, 4-17-14, 5-10-18, Transferred to 59A-36.006, 7-1-19.

Fla. Admin. Code R. 58A-5.0182 Resident Care Standards

History

Rulemaking Authority 429.41 FS. Law Implemented 429.255, 429.26, 429.28, 429.41 FS. History–New 9-17-84, Formerly 10A-5.182, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.0182, Amended 10-30-95, 4-20-98, 11-2-98, 10-17-99, 7-30-06, 10-9-06, 4-15-10, 4-17-14, 5-10-18, Transferred to 59A-36.007, 7-1-19.

Fla. Admin. Code R. 58A-5.0183 Reports of Abuse in Facilities

History

Rulemaking Authority 400.441 FS. Law Implemented 400.4174 FS. History–New 8-15-90, Formerly 10A-5.0183, Repealed 10-30-95.

Fla. Admin. Code R. 58A-5.0184 Marketing; Rebates Prohibited

History

Rulemaking Authority 400.441 FS. Law Implemented 400.4195, 400.441, 400.447 FS. History–New 8-15-90, Amended 9-30-92, Formerly 10A-5.0184, Amended 10-30-95, 6-2-96, Repealed 10-17-99.

Fla. Admin. Code R. 58A-5.0185 Medication Practices

History

Rulemaking Authority 429.256, 429.41 FS. Law Implemented 429.255, 429.256, 429.41 FS. History–New 10-17-99, Amended 7-30-06, 4-15-10, 10-14-10, 3-13-14, 5-10-18, Transferred to 59A-36.008, 7-1-19.

Fla. Admin. Code R. 58A-5.0186 Do Not Resuscitate Orders (DNROs)

History

Rulemaking Authority 429.255 FS. Law Implemented 429.255 FS. History–New 4-15-10, Amended 4-17-14, Transferred to 59A-36.009, 7-1-19.

Fla. Admin. Code R. 58A-5.019 Staffing Standards

History

Rulemaking Authority 429.41, 429.52, 429.929 FS. Law Implemented 429.174, 429.176, 429.41, 429.52, 429.905 FS. History–New 5-14-81, Amended 1-6-82, 9-17-84, Formerly 10A-5.19, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.019, Amended 10-30-95, 4-20-98, 11-2-98, 10-17-99, 7-30-06, 4-15-10, 4-17-14, 5-10-18, Transferred to 59A-36.010, 7-1-19.

Fla. Admin. Code R. 58A-5.0191 Staff Training Requirements and Competency Test

History

Rulemaking Authority 429.178, 429.41, 429.52 FS. Law Implemented 429.07, 429.075, 429.178, 429.41, 429.52 FS. History–New 9-30-92, Formerly 10A-5.0191, Amended 10-30-95, 6-2-96, 4-20-98, 11-2-98, 10-17-99, 7-5-05, 7-30-06, 10-9-06, 7-1-08, 4-15-10, 5-10-18, Transferred to 59A-36.011, 7-1-19.

Fla. Admin. Code R. 58A-5.0194 Alzheimer’s Disease or Related Disorders Training Provider and Curriculum Approval

(1) The Alzheimer’s Disease or Related Disorders (“ADRD”) training provider and curriculum must be approved by the department or its designee before commencing training activities. The department or its designee will maintain a list of approved ADRD training providers and curricula, which may be obtained from http://usfweb3.usf.edu/trainingonAging/default.aspx.

(a) ADRD Training Providers.

Individuals who seek to become an ADRD training provider must provide the department or its designee with the documentation of the following educational, teaching, or practical experience:

a. A Master’s degree from an accredited college or university in a health care, human service, or gerontology related field, or

b. A Bachelor’s degree from an accredited college or university, or licensure as a registered nurse, and:

(I) Proof of 1 year of teaching experience as an educator of caregivers for individuals with Alzheimer’s disease or related disorders, or

(II) Proof of completion of a specialized training program specifically relating to Alzheimer’s disease or related disorders, and a minimum of 2 years of practical experience in a program providing direct care to individuals with Alzheimer’s disease or related disorders, or

(III) Proof of 3 years of practical experience in a program providing direct care to persons with Alzheimer’s disease or related disorders.

c. Teaching experience pertaining to Alzheimer’s disease or related disorders may substitute on a year-by-year basis for the required Bachelor’s degree.

Applicants seeking approval as ADRD training providers must complete DOEA form ALF/ADRD-001, Application for Alzheimer’s Disease or Related Disorders Training Provider Certification, dated November 2013, which is incorporated by reference and available at the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000 and online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04000.

(b) ADRD Training Curricula. Applicants seeking approval of ADRD curricula must complete DOEA form ALF/ADRD-002, Application for Alzheimer’s Disease or Related Disorders Training Three-Year Curriculum Certification, dated November 2013, which is incorporated by reference and available at the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, and online at http://www.flrules.org/Gateway/reference.asp?No=Ref-04001. Approval of the curriculum will be granted based on how well the curriculum addresses the subject areas referenced in subparagraphs 59A-36.011(4)(a)2., and 59A-36.011(4)(a)5., F.A.C. Curriculum approval will be granted for 3 years. After 3 years the curriculum must be resubmitted to the department or its designee for approval.

(2) Approved ADRD training providers must maintain records of each course taught for a period of 3 years following each training presentation. Course records must include the title of the approved ADRD training curriculum, the curriculum approval number, the number of hours of training, the training provider’s name and approval number, the date and location of the course, and a roster of trainees.

(3) Upon successful completion of training, the trainee must be issued a certificate by the approved training provider. The certificate must include the trainee’s name, the title of the approved ADRD training, the curriculum approval number, the number of hours of training received, the date and location of the course, the training provider’s name and approval number, and dated signature.

(4) The department or its designee reserves the right to attend and monitor ADRD training courses, review records and course materials approved pursuant to this rule, and revoke approval for the following reasons: non-adherence to approved curriculum, failing to maintain required training credentials, or knowingly disseminating any false or misleading information.

(5) ADRD training providers satisfying the requirements of rection 400.1755, F.S., relating to nursing homes, and rection 400.6045, F.S., relating to hospices, will satisfy the Level 1 and Level 2 training provider requirements of subparagraph 59A-36.011(4)(a)3., and paragraph 59A-36.011(4)(a), subsection (5), F.A.C. ADRD training curricula satisfying the requirements of section 400.1755, F.S., relating to nursing homes, and section 400.6045, F.S., relating to hospices, will satisfy the Level 1 curriculum requirements of subparagraph 59A-36.011(4)(a)3., F.A.C.

History

Rulemaking Authority 429.178 FS. Law Implemented 429.178 FS. History–New 4-17-14.

Fla. Admin. Code R. 58A-5.020 Food Service Standards

History

Rulemaking Authority 429.41 FS. Law Implemented 429.41, 429.52 FS. History–New 5-14-81, Amended 1-6-82, 5-19-83, 9-17-84, Formerly 10A-5.20, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.020, Amended 10-30-95, 6-2-96, 10-17-99, 4-17-14, Transferred to 59A-36.012, 7-1-19.

Fla. Admin. Code R. 58A-5.021 Fiscal Standards

History

Rulemaking Authority 429.24, 429.27, 429.275, 429.41 FS. Law Implemented 429.27, 429.275 FS. History–New 5-14-81, Amended 1-6-82, 9-17-84, Formerly 10A-5.21, Amended 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.021, Amended 10-30-95, 6-2-96, 10-17-99, 4-17-14, Transferred to 59A-36.013, 7-1-19.

Fla. Admin. Code R. 58A-5.022 Facility Maintenance and Housekeeping Standards

History

Rulemaking Authority 400.441 FS. Law Implemented 400.441(2), (3), (4) FS. History–New 5-14-81, Amended 1-6-82, 9-17-84, Formerly 10A-5.22, Amended 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.022, Amended 10-30-95, Repealed 10-17-99.

Fla. Admin. Code R. 58A-5.0222 Sewage

History

Rulemaking Authority 400.441 FS. Law Implemented 400.441 FS. History–New 8-15-90, Amended 9-30-92, Formerly 10A-5.0222, Repealed 10-30-95.

Fla. Admin. Code R. 58A-5.0223 Garbage and Rubbish

History

Rulemaking Authority 381.031(1)(g), 381.80 FS. Law Implemented 381.031, 381.80(1)-(4), 395.0101, 400.441(1), 403.708 FS. History–New 8-15-90, Formerly 10A-5.0223, Repealed 10-17-99.

Fla. Admin. Code R. 58A-5.023 Physical Plant Standards

History

Rulemaking Authority 429.41 FS. Law Implemented 429.27, 429.28, 429.41 FS. History–New 5-14-81, Amended 1-6-82, 5-19-83, 9-17-84, Formerly 10A-5.23, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.023, Amended 10-30-95, 6-2-96, 10-17-99, 7-30-06, 4-15-10, 4-17-14, Transferred to 59A-36.014, 7-1-19.

Fla. Admin. Code R. 58A-5.024 Records

History

Rulemaking Authority 429.41, 429.275 FS. Law Implemented 429.24, 429.255, 429.256, 429.26, 429.27, 429.275, 429.35, 429.41, 429.52 FS. History–New 5-14-81, Amended 1-6-82, 5-19-83, 9-17-84, Formerly 10A-5.24, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.024, Amended 10-30-95, 4-20-98, 11-2-98, 10-17-99, 7-30-06, 10-9-06, 4-17-14, Transferred to 59A-36.015, 7-1-19.

Fla. Admin. Code R. 58A-5.0241 Adverse Incident Report

History

Rulemaking Authority 429.23 FS. Law Implemented 429.23 FS. History–New 1-9-02, Amended 7-30-06, 4-17-14, Transferred to 59A-36.016, 7-1-19.

Fla. Admin. Code R. 58A-5.0242 Liability Claim Report

History

Rulemaking Authority 429.23 FS. Law Implemented 429.23 FS. History–New 1-9-02, Amended 3-13-14, Transferred to 59A-36.017, 7-1-19.

Fla. Admin. Code R. 58A-5.025 Resident Contracts

History

Rulemaking Authority 429.24, 429.41 FS. Law Implemented 429.24, 429.41 FS. History–New 10-17-99, Amended 7-30-06, 4-15-10, 3-13-14, Transferred to 59A-36.018, 7-1-19.

Fla. Admin. Code R. 58A-5.026 Emergency Management

History

Rulemaking Authority 429.41 FS. Law Implemented 429.41 FS. History–New 10-17-99, Amended 7-30-06, 4-17-14, Transferred to 59A-36.019, 7-1-19.

Fla. Admin. Code R. 58A-5.028 Subsidy

History

Rulemaking Authority 400.454 FS. Law Implemented 400.454 FS. History–New 10-20-86, Formerly 10A-5.028, Amended 10-30-95, Repealed 11-2-98.

Fla. Admin. Code R. 58A-5.029 Limited Mental Health

History

Rulemaking Authority 429.41 FS. Law Implemented 429.075, 429.26, 429.41 FS. History–New 8-15-90, Amended 9-30-92, Formerly 10A-5.029, Repromulgated 10-30-95, Amended 6-2-96, 11-2-98, 7-30-06, Amended 4-17-14, 5-10-18, Transferred to 59A-36.020, 7-1-19.

Fla. Admin. Code R. 58A-5.030 Extended Congregate Care Services

History

Rulemaking Authority 429.07, 429.41 FS. Law Implemented 429.07, 429.255, 429.26, 429.28, 429.41 FS. History–New 9-30-92, Formerly 10A-5.030, Amended 10-30-95, 6-2-96, 4-20-98, 11-2-98, 10-17-99, 7-30-06, 4-17-14, 5-10-18, Transferred to 59A-36.021, 7-1-19.

Fla. Admin. Code R. 58A-5.031 Limited Nursing Services

History

Rulemaking Authority 429.41 FS. Law Implemented 429.07, 429.255, 429.26, 429.41 FS. History–New 9-30-92, Formerly 10A-5.031, Amended 10-30-95, 10-17-99, 7-30-06, 3-13-14, 5-10-18, Transferred to 59A-36.022, 7-1-19.

Fla. Admin. Code R. 58A-5.033 Administrative Enforcement

History

Rulemaking Authority 429.41, 429.42 FS. Law Implemented 429.19, 429.34, 429.41, 429.42 FS. History–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, Transferred to 59A-36.023, 7-1-19.

Fla. Admin. Code R. 58A-5.035 Waivers

History

Rulemaking Authority 429.41 FS. Law Implemented 429.41 FS. History–New 9-30-92, Formerly 10A-5.035, Amended 10-30-95, 7-1-08, 4-17-14, Transferred to 59A-36.024, 7-1-19.

Fla. Admin. Code R. 58A-5.036 Emergency Environmental Control for Assisted Living Facilities

History

Rulemaking Authority 429.41 FS. Law Implemented 429.19, 429.41 FS. History–New 3-26-18, Transferred to 59A-36.025, 7-1-19.

Fla. Admin. Code R. 58A-5.0221 Water Supply

History

Rulemaking Authority 400.441 FS. Law Implemented 400.441 FS. History–New 8-15-90, Amended 9-30-92, Formerly 10A-5.0221, Repealed 10-17-99.

Chapter 58A-6 ADULT DAY CARE

Fla. Admin. Code R. 58A-6.002 Definitions

History

Rulemaking Authority 429.929 FS. Law Implemented 429.918, 429.929 FS. History–New 7-8-81, Amended 2-27-84, Formerly 10A-6.02, 10A-6.002, 59A-16.002, Amended 11-9-95, 3-29-98, 10-23-01, 8-3-15, Transferred to 59A-16.101, 7-1-19.

Fla. Admin. Code R. 58A-6.003 Licensure Application Procedures

History

Rulemaking Authority 429.929 FS. Law Implemented 408.809, 429.909, 429.913(1)(b), 429.919, 429.929, 435.04(5) FS. History–New 7-8-81, Amended 2-27-84, Formerly 10A-6.03, 10A-6.003, 59A-16.003, Amended 11-9-95, 3-29-98, 10-23-01, 2-19-04, 6-16-08, Repealed 11-17-15.

Fla. Admin. Code R. 58A-6.004 Unlicensed Centers

History

Rulemaking Authority 429.929 FS. Law Implemented 429.907, 429.909, 429.923, 429.929 FS. History–New 7-8-81, Amended 2-27-84, Formerly 10A-6.04, 10A-6.004, 59A-16.004, Amended 11-9-95, 3-29-98, Repealed 11-29-11.

Fla. Admin. Code R. 58A-6.0051 Change of Owner or Operator; Marketing

History

Rulemaking Authority 429.929, 408.831 FS. Law Implemented 429.925, 408.831(2) FS. History–New 11-9-95, Amended 3-29-98, 2-19-04, Repealed 11-29-11.

Fla. Admin. Code R. 58A-6.006 Governing Authority, Administration and Staffing

History

Rulemaking Authority 429.929 FS. Law Implemented 429.929 FS. History–New 7-8-81, Amended 2-27-84, Formerly 10A-6.06, 10A-6.006, 59A-16.006, Amended 11-9-95, 3-29-98, 10-23-01, 8-3-15, Transferred to 59A-16.102, 7-1-19.

Fla. Admin. Code R. 58A-6.007 Participant Care Standards

History

Rulemaking Authority 429.929, 429.918(12) FS. Law Implemented 429.918 FS. History–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, Transferred to 59A-16.103, 7-1-19.

Fla. Admin. Code R. 58A-6.008 Program Requirements

History

Rulemaking Authority 429.929 FS. Law Implemented 429.901(3), 429.929 FS. History–New 7-8-81, Formerly 10A-6.08, 10A-6.008, 59A-16.008, Amended 11-9-95, 3-29-98, 8-3-15, Transferred to 59A-16.104, 7-1-19.

Fla. Admin. Code R. 58A-6.009 Basic Services

History

Rulemaking Authority 429.929 FS. Law Implemented 429.901(3), 429.929 FS. History–New 7-8-81, Amended 2-27-84, Formerly 10A-6.09, 10A-6.009, 59A-16.009, Amended 11-9-95, 3-29-98, 8-3-15, Transferred to 59A-16.105, 7-1-19.

Fla. Admin. Code R. 58A-6.010 Supportive and Optional Services

History

Rulemaking Authority 429.929 FS. Law Implemented 429.929 FS. History–New 7-8-81, Formerly 10A-6.10, 10A-6.010, 59A-16.010, Amended 11-9-95, 3-29-98, 8-3-15, Transferred to 59A-16.106, 7-1-19.

Fla. Admin. Code R. 58A-6.011 Participant and Program Data, Comprehensive Emergency Management Plan

History

Rulemaking Authority 429.929 FS. Law Implemented 429.929 FS. History–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, Transferred to 59A-16.107, 7-1-19.

Fla. Admin. Code R. 58A-6.012 Fiscal Standards

History

Rulemaking Authority 429.929 FS. Law Implemented 429.929 FS. History–New 7-8-81, Formerly 10A-6.12, 10A-6.012, 59A-16.012, Amended 11-9-95, 3-29-98, Transferred to 59A-16.108, 7-1-19.

Fla. Admin. Code R. 58A-6.013 Physical Plant, Sanitary Conditions, Housekeeping Standards and Maintenance

History

Rulemaking Authority 429.929 FS. Law Implemented 429.929 FS. History–New 7-8-81, Amended 2-27-84, Formerly 10A-6.13, 10A-6.013, 59A-16.013, Amended 11-9-95, 3-29-98, 8-3-15, Transferred to 59A-16.109, 7-1-19.

Fla. Admin. Code R. 58A-6.014 Administrative Enforcement

History

Rulemaking Authority 429.929 FS. Law Implemented 429.929 FS. History–New 11-9-95, Amended 3-29-98, Repealed 11-29-11.

Fla. Admin. Code R. 58A-6.015 Adult Day Care Center Staff Training Requirements

History

Rulemaking Authority 429.917(1) FS. Law Implemented 429.917(1) FS. History–New 1-1-04, Amended 8-3-15, Transferred to 59A-16.110, 7-1-19.

Fla. Admin. Code R. 58A-6.0151 Specialized Alzheimer’s Services Adult Day Care Center Staff Training Requirements

History

Rulemaking Authority 429.918(6)(b), 429.929(1) FS. Law Implemented 429.918(6)(a) FS. History–New 8-3-15, Transferred to 59A-16.111, 7-1-19.

Fla. Admin. Code R. 58A-6.016 Adult Day Care Center Training Provider and Curriculum Approval

(1) Persons seeking approval as an adult day care Alzheimer’s disease or related disorders training provider, pursuant to sections 429.917 and 429.818, F.S., and rules 59A-16.110 and 59A-16.111, F.A.C., shall:

(a) Provide the Department of Elder Affairs or its designee documentation that he or she holds a Bachelor’s degree in a health-care, human service, or gerontology-related field from an accredited college or university, or holds a license as a registered nurse; and,

Possess at least one year of teaching or training experience as an educator of caregivers for persons with Alzheimer’s Disease or Related Disorders, or
Have one year of practical experience in a program providing care to persons with Alzheimer’s Disease or Related Disorders, or
Have completed a specialized training program in Alzheimer’s Disease or Related Disorders from a university or an accredited health care or human service or gerontology continuing education provider.
With reference to the requirements contained in subparagraphs (a)1.-3., years of teaching experience or training as an educator of caregivers for persons with Alzheimer’s Disease or Related Disorders may be substituted on a year-by-year basis for the required Bachelor’s degree. A Master’s degree from an accredited college or university in a subject related to health care, human service, or gerontology may be substituted for the teaching or training experience referenced in subparagraphs (a)1.-3.

(b) Complete DOEA form ADC/ADRD-001, Application for Adult Day Care Alzheimer’s Disease or Related Disorders Training Provider Certification, dated March 2015, which is incorporated by reference and available at the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000 and at: http://www.flrules.org/Gateway/reference.asp?No=Ref-05613

(2) Persons seeking to obtain approval of an adult day care Alzheimer’s disease or related disorders curriculum pursuant to Rule 59A-16.110, F.A.C., shall complete DOEA form ADC/ADRD-002, Application for Adult Day Care Three-Year Curriculum Certification, dated March 2015, which is incorporated by reference and available at the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000 and at: http://www.flrules.org/Gateway/reference.asp?No=Ref-05614.

(3) Persons seeking to obtain approval of a specialized Alzheimer’s services adult day care center curriculum pursuant to Rule 59A-16.111, F.A.C. shall complete DOEA form SAADC/ADRD-003, Application for Specialized Alzheimer’s Disease Adult Day Care Three-Year Curriculum Certification, dated March 2015, which is incorporated by reference and available at the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, and at: http://www.flrules.org/Gateway/reference.asp?No=Ref-05615.

(4) Approval of training providers and the training curricula must be obtained from the Department or its designee prior to commencing training activities. Approval of training curricula shall expire after three years, whereupon training curricula must be re-submitted to the Department or its designee for re-approval.

(5) Upon receipt of a training provider or a training curriculum application, the Department or its designee shall respond in writing within 30 calendar days in one of the following ways:

(a) Notify the applicant that the application is approved or not approved pursuant to rules 59A-16.110, 59A-16.111, and subsections 58A-6.016(1)-(3), F.A.C. If an application is not approved, the Department or its designee shall respond in writing indicating the reasons for not approving the application and describing the information or documentation needed for approval;

(b) Request additional information from the applicant in order to make a determination. Requested information omitted from an application shall be filed with the Department or its designee within 90 days of the Department’s or its designee’s request for omitted information, or the application shall be deemed incomplete, and shall be withdrawn from further consideration. Once the additional information has been received by the Department or its designee the Department or its designee will have 30 calendar days to make a determination, or

(c) Notify the applicant that an additional 30 calendar days is needed to review the application and make a determination.

(6) Upon notice of approval from the Department or its designee, the applicant may be identified as an approved training provider or as having an approved training curriculum as indicated by the Department or its designee. The Department or its designee shall maintain a list of approved training providers and training curriculum and provide a list of approved training providers to all interested parties upon request.

(7) Upon successful completion of training, the trainee shall be issued a certificate by the approved training provider. The certificate shall include the title and topics covered by the training and the Department of Elder Affairs curriculum approval number, the number of hours of training, the Participant’s name, dates of attendance, location, the training provider’s name and the Department of Elder Affairs training provider’s approval number, and dated signature. The training provider’s signature on the certificate shall serve as documentation that the training provider has verified that the trainee has completed the required training pursuant to sections 429.917 and 429.918, F.S., and rules 59A-16.110 and 59A-16.109, F.A.C.

(8) The Department reserves the right to attend and monitor training courses, review records and course materials approved pursuant to this rule, and revoke approved training provider status on the basis of non-adherence to approved curricula, the provider’s failure to maintain required training credentials, or circumstances in which the provider is found to knowingly disseminate any false or misleading information.

(9) Training providers and training curricula which are approved consistent with the provisions of sections 429.178, 400.1755 and 400.6045, F.S., shall be considered as having met the requirements of this rule.

(10) Certificates or copies of certificates of any training required by this rule shall be documented in the center’s personnel files.

History

Rulemaking Authority 429.917(1)(g), 429.918(6)(b) FS. Law Implemented 429.917(1), 429.918(6)(a) FS. History–New 1-1-04, Amended 8-3-15.

Fla. Admin. Code R. 58A-8.001 Alzheimer’s Disease and Related Disorders (ADRD) Training Requirements

(1) Each home health agency licensed under Chapter 400, Part IV, F.S., shall ensure that agency employees providing direct care to patients receive the following training.

(a) Completion of the required two hours of training after June 30, 2005, shall satisfy the requirement referenced in Section 400.4785(1)(b), F.S. Agency employees who meet the requirements for Alzheimer’s Disease and Related Disorders training providers under paragraph (c), of this subsection, shall be considered as having met this requirement. The two-hour training shall address the following subject areas:

Understanding Alzheimer’s Disease and Related Disorders,
Communicating with patients with Alzheimer’s Disease and Related Disorders,
Behavior management,
Promoting independence through assistance with activities of daily living; and,
Developing skills for working with families and caregivers.

(b) A detailed description of the subject areas that shall be included in an ADRD curriculum which meets the requirements of paragraph (a) of this subsection can be found in the document “Training Guidelines for the Special Care of Home Health Agency Patients with Alzheimer’s Disease and Related Disorders,” July 2005, incorporated by reference, available from the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000.

(c) Persons who seek to provide ADRD training in accordance with this subsection shall provide the Department of Elder Affairs, or its designee, documentation that they hold a Bachelor’s degree from an accredited college or university or hold a license as a registered nurse, and:

Have 1 year teaching experience as an educator of caregivers for persons with ADRD, or
Have 1 year of clinical experience providing direct personal health care services to persons with ADRD, or
Have completed a specialized training program in ADRD from a university or an accredited health care, human service, or gerontology continuing education provider.

(d) With reference to requirements in paragraph (c), a Master’s degree from an accredited college or university in a subject related to the content of this training program can substitute for the teaching experience. Years of teaching experience related to the subject matter of this training program may substitute on a year-by-year basis for the required Bachelor’s degree referenced in paragraph (c).

(2) A facility employee who has successfully completed training and continuing education consistent with the requirements of Section 429.178, F.S., or completed training consistent with the requirements of Section 400.1755, 429.917 or 400.6045, F.S., shall be considered as having met the training requirements of this rule.

History

Rulemaking Authority 400.4785(1)(f) FS. Law Implemented 400.4785 FS. History–New 10-5-05.

Fla. Admin. Code R. 58A-8.002 ADRD Training Provider and Curriculum Approval

(1) The training provider and curriculum shall be approved by the Department or its designee prior to commencing training activities. The Department or its designee shall maintain a list of approved ADRD training providers and curricula. Approval as a training provider and approval of the curriculum may be obtained as follows:

(a) Applicants seeking approval as ADRD training providers shall complete DOEA form HH/ADRD-001, Application for Alzheimer’s Disease and Related Disorders Training Provider Certification, dated May 2005, which is incorporated by reference and available at the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000.

(b) Applicants seeking to obtain approval of ADRD curricula shall complete DOEA form HH/ADRD-002, Application for Alzheimer’s Disease and Related Disorders Training Three-Year Curriculum Certification, dated May 2005, which is incorporated by reference and available at the Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000. Approval of the training curriculum shall be granted for 3 years, whereupon the training curriculum must be re-submitted to the Department or its designee for re-approval.

(2) Approved ADRD training providers shall maintain records of each course taught for a period of three years following each program presentation. Course records shall include the title of the approved ADRD training curriculum, the curriculum approval number, the number of hours of training, the training provider’s name and approval number, the date and location of the course, and a roster of trainees.

(3) Upon successful completion of training, the trainee shall be issued a certificate by the approved training provider. The certificate shall include the title of the approved training and the curriculum approval number, the number of hours of training, the trainee’s name, dates of attendance, location and the training provider’s name, approval number and dated signature. The training provider’s signature on the certificate shall serve as documentation that the training provider has completed the required training pursuant to Section 400.4785(1), F.S.

(4) The Department or its designee reserves the right to attend and monitor ADRD training courses, review records and course materials approved pursuant to this rule, and revoke approved training provider status on the basis of non-adherence to approved curriculum, the provider’s failure to maintain required training credentials, or if the provider is found to knowingly disseminate any false or misleading information.

(5) Except as notified, certificates of any ADRD training required by this rule shall be documented in the agency’s personnel files.

(6) ADRD training providers and training curricula which are approved consistent with the provisions of Section 400.4178, 400.1755, 400.5571 or 400.6045, F.S., shall be considered as having met the requirements of this subsection.

History

Rulemaking Authority 400.4785(1)(f) FS. Law Implemented 400.4785 FS. History–New 10-5-05.

Chapter 58A-14 ADULT FAMILY-CARE HOMES

Fla. Admin. Code R. 58A-14.002 Definitions

History

Rulemaking Authority 429.67, 429.73 FS. Law Implemented 429.65, 429.67, 429.71, 429.73 FS. History–New 5-14-86, Amended 2-2-95, Formerly 10A-14.002, Amended 9-19-96, 6-6-99, 4-15-10, Transferred to 59A-37.001, 7-1-19.

Fla. Admin. Code R. 58A-14.003 License Application, Renewal and Conditional Licenses

History

Rulemaking Authority 429.67, 429.69, 429.71, 429.73 FS. Law Implemented 429.67, 429.69, 429.71, 429.73 FS. History–New 5-14-86, Amended 2-2-95, Formerly 10A-14.003, Amended 9-19-96, 3-25-98, 6-6-99, 1-1-04, 7-30-06, 4-15-10, Transferred to 59A-37.002, 7-1-19.

Fla. Admin. Code R. 58A-14.004 License Requirements

History

Rulemaking Authority 429.67, 429.73 FS. Law Implemented 429.67, 429.73, 429.83 FS. History–New 5-14-86, Amended 2-2-95, Formerly 10A-14.004, Amended 9-19-96, 6-6-99, 4-15-10, Transferred to 59A-37.003, 7-1-19.

Fla. Admin. Code R. 58A-14.0061 Admission Criteria and Procedures, Appropriateness of Placement, and Continued Residency Requirements

History

Rulemaking Authority 429.73 FS. Law Implemented 429.65, 429.73, 429.85 FS. History–New 2-2-95, Formerly 10A-14.0061, Amended 9-19-96, 6-6-99, 1-1-04, 4-29-08, 9-16-10, Transferred to 59A-37.004, 7-1-19.

Fla. Admin. Code R. 58A-14.0062 Residency Agreement

History

Rulemaking Authority 429.81 FS. Law Implemented 429.81, 429.85 FS. History–New 6-6-99, Amended 4-29-08, Transferred to 59A-37.005, 7-1-19.

Fla. Admin. Code R. 58A-14.007 Standards and Practices for Care and Services

History

Rulemaking Authority 429.73 FS. Law Implemented 429.73, 429.85 FS. History–New 5-14-86, Amended 2-2-95, Formerly 10A-14.007, Amended 9-19-96, 6-6-99, 4-29-08, 9-16-10, Transferred to 59A-37.006, 7-1-19.

Fla. Admin. Code R. 58A-14.008 Staff Qualifications, Responsibilities and Training

History

Rulemaking Authority 429.67, 429.73, 429.75 FS. Law Implemented 429.67, 429.73, 429.75 FS. History–New 2-2-95, Formerly 10A-14.008, Amended 9-19-96, 6-6-99, 1-1-04, 7-30-06, 4-15-10, Transferred to 59A-37.007, 7-1-19.

Fla. Admin. Code R. 58A-14.0085 Records

History

Rulemaking Authority 429.67, 429.73, 429.75, 429.81 FS. Law Implemented 429.67, 429.73, 429.75, 429.81, 429.85 FS. History–New 6-6-99, Amended 7-30-06, 4-29-08, Transferred to 59A-37.008, 7-1-19.

Fla. Admin. Code R. 58A-14.009 Physical Site Standards

History

Rulemaking Authority 429.67, 429.73 FS. Law Implemented 429.67, 429.73 FS. History–New 2-2-95, Formerly 10A-14.009, Amended 9-19-96, 3-25-98, 6-6-99, Transferred to 59A-37.009, 7-1-19.

Fla. Admin. Code R. 58A-14.0091 Fire Safety Standards and Emergency Procedures

History

Rulemaking Authority 429.67, 429.73 FS. Law Implemented 429.67, 429.73 FS. History–New 9-19-96, Amended 6-6-99, 7-30-06, Transferred to 59A-37.010, 7-1-19.

Fla. Admin. Code R. 58A-14.010 Administrative Enforcement

History

Rulemaking Authority 429.67, 429.71, 429.73 FS. Law Implemented 429.67, 429.71, 429.85 FS. History–New 2-2-95, Formerly 10A-14.010, Amended 9-19-96, 6-6-99, Transferred to 59A-37.011, 7-1-19.

Division 58H Home Care for the Elderly

Chapter 58H-1 HOME CARE FOR THE ELDERLY

Fla. Admin. Code R. 58H-1.001 Purpose

History

Rulemaking Authority 430.08, 430.603 FS. Law Implemented 430.601 FS. History–New 1-1-96, Amended 9-24-08, Repealed 11-29-11.

Fla. Admin. Code R. 58H-1.002 Definitions

The following terms are defined in the rule chapter:

(1) Assessment Instrument: The tool prescribed by the area agency on aging in its contract with the case management agency for use in determining the client’s level of functioning, existing resources, service needs, and priority for services.

(2) Basic Subsidy: A monthly payment made to the caregiver for support and health maintenance, to assist with the cost of housing, food, clothing, medical and dental services, and incidentals, which are not covered by Medicare, Medicaid or other insurance.

(3) Caregiver: An adult person, age 18 or above, who is approved by the case management agency to provide care to 3 or fewer elderly persons in the private residence of the client or caregiver.

(4) Case Management Agency: The Community Care for the Elderly lead agency or other agency under contract with an area agency on aging (AAA) to provide case management services.

(5) Dwelling: A family-type home that serves as the primary residence of the client and caregiver.

(6) Service Provider: A Community Care for the Elderly lead agency that is awarded a contract to provide case management and other services under the Home Care for the Elderly program.

(7) Special Subsidy: A flexible payment based on actual cost that is pre-authorized on the care plan by the case manager to purchase specialized medical or health care services, supplies or equipment, which are required to maintain the health and well-being of the elderly person. The special subsidy may be utilized in addition to the basic subsidy.

History

Rulemaking Authority 430.08, 430.603 FS. Law Implemented 430.603, 430.605 FS. History–New 1-1-96, Amended 9-24-08.

Fla. Admin. Code R. 58H-1.003 Program Administration

(1) The Department of Elder Affairs shall plan, develop, and coordinate a statewide program to carry out its responsibilities under the Home Care for the Elderly statutes, sections 430.604 – 430.608, F.S., including entering into contracts with area agencies on aging for the provision of HCE services within the designated planning and service area.

(2) Each area agency on aging shall comply with the following requirements in regards to carrying out its responsibilities under the Home Care for the Elderly program:

(a) State of Florida procedures regarding solicitation and execution of contracts with service providers; and,

(b) Terms and conditions of its contract with the department.

(3) The case management agency shall:

(a) Determine eligibility for the Home Care for the Elderly program using the assessment instrument form incorporated by reference in paragraph 58A-1.010(1)(b), F.A.C.;

(b) Provide case management services as applicable and specified in accordance with its contract with the area agency on aging;

(d) Maintain client, fiscal, and program records and provide reports as specified in its contract with the area agency on aging.

History

Rulemaking Authority 430.08, 430.603 FS. Law Implemented 430.603, 430.605, 430.606 FS. History–New 1-1-96, Amended 9-24-08, 10-24-18.

Fla. Admin. Code R. 58H-1.004 Access to the Program

History

Rulemaking Authority 430.08, 430.603 FS. Law Implemented 430.603, 430.606 FS. History–New 1-1-96, Amended 9-24-08, Repealed 11-29-11.

Fla. Admin. Code R. 58H-1.005 Client Eligibility

To be eligible for the Home Care for the Elderly program, an applicant must:

(1) Be age 60 or older;

(2) Be a current resident of the State of Florida with the intent to remain in the state;

(3) Meet the criteria for functional and financial eligibility set forth under paragraphs (a) through (e), below:

(a) Be assessed and determined to be at risk of nursing home placement based on the assessment instrument pursuant to paragraph 58H-1.003(3)(a), F.A.C.; and,

(b) Have self-declared income and assets which do not exceed the Institutional Care Program (ICP) limits established by Medicaid and the Florida Department of Children and Families, or

(d) Receive benefits as a Qualified Medicare Beneficiary (QMB) or as a Special Low Income Medicare Beneficiary (SLMB); and,

(e) Have an approved caregiver who meets the caregiver requirements pursuant to rule 58H-1.006, F.A.C., and the dwelling requirements pursuant to rule 58H-1.007, F.A.C.

History

Rulemaking Authority 430.08, 430.603 FS. Law Implemented 430.603, 430.606 FS. History–New 1-1-96, Amended 9-24-08, 10-24-18.

Fla. Admin. Code R. 58H-1.006 Caregiver Requirements

(1) Caregiver shall meet the following requirements:

(a) Be age 18 or above, capable of providing a family type living environment and willing to accept the responsibility for the social, physical and emotional needs of the home care client;

(b) Be a relative or friend who has been accepted by the client as surrogate family or is a responsible adult with whom the client has made an arrangement to provide home care services;

(d) Be physically present to provide supervision and to assist in arrangement of services for the client;

(e) Maintain the residential dwelling free of conditions that pose an immediate threat to the life, safety, health and well being of the home care client pursuant to rule 58H-1.007, F.A.C.; and,

(f) Be without record of conviction of abuse, neglect or exploitation of another person.

(2) The case management agency may exempt a caregiver from certain requirements as specified in its contract with the area agency on aging.

History

Rulemaking Authority 430.08, 430.603 FS. Law Implemented 430.603 FS. History–New 1-1-96, Amended 9-24-08.

Fla. Admin. Code R. 58H-1.007 Dwelling Requirements

(1) The dwelling must comply with safety, fire, and sanitation standards as described in the case management agency’s contract with the area agency on aging.

(2) When a home is determined not to meet the standards set forth for the Home Care for the Elderly program, the applicant must be notified in writing.

History

Rulemaking Authority 430.08, 430.603 FS. Law Implemented 430.603, 430.604 FS. History–New 1-1-96, Amended 9-24-08.

Fla. Admin. Code R. 58H-1.008 Appeal Proceedings

History

Rulemaking Authority 430.08, 430.603 FS. Law Implemented 430.601-.606 FS. History–New 1-1-96, Repealed 9-24-08.

Fla. Admin. Code R. 58H-1.009 Program Forms

The forms used for programs regulated by this chapter are incorporated by reference in rule 58A-1.010, F.A.C. In addition, the development of a care plan must meet the criteria established in subsection (2) of that rule.

History

Rulemaking Authority 430.08, 430.603 FS. Law Implemented 430.603, 430.606 FS. History–New 8-20-00, Amended 8-6-01, 9-24-08.

Division 58L Long-Term Care Ombudsman Program

Chapter 58L-1 LONG-TERM CARE OMBUDSMAN - CONFIDENTIALITY

Fla. Admin. Code R. 58L-1.001 Confidentiality and Disclosure

(1) APPLICABILITY. The confidentiality and disclosure of information requirement applies to the complaint files maintained by the entities below, which are established under Chapter 400, Part I, F.S.:

(a) Staff members of the Office of the State Long-Term Care Ombudsman;

(b) Members of the State Long-Term Care Ombudsman Council; and,

(2) REQUIREMENTS.

(a) Individuals specified in subsection (1), of this rule must be aware of the requirements in this subsection regarding the confidentiality and disclosure of information involving complaint files in the performance of their duties:

Section 400.0077, F.S.; and,
Title VII, Chapter 2, of the Older Americans Act of 1965, as amended in 2006, 42 U.S.C., Section 3058g(d).

(b) Complaint case files cannot be released by the program until the case is closed as defined in Rule 58L-1.0011, F.A.C.

History

Rulemaking Authority 400.0077(5) FS. Law Implemented 400.0077 FS. History–New 7-25-95, Amended 3-18-10.

Fla. Admin. Code R. 58L-1.0011 Definitions

In addition to the terms defined in Section 400, Part I, F.S., the following terms are defined in this rule chapter:

(1) COMPLAINT INVESTIGATION DEFINITIONS.

(a) CASE: Each inquiry brought to, or initiated by, the ombudsman on behalf of a resident, or group of residents, involving one or more complaints, which requires opening a case and includes ombudsman investigation, strategy to resolve and follow-up.

(b) CASE CLOSED: A case where none of the complaints within the case require any further action on the part of the ombudsman and every complaint has been assigned the appropriate disposition code. For purposes of this rule, each complaint must be reviewed and approved by the long-term care district ombudsman manager, or designee, before it meets this definition.

(c) COMPLAINT: A concern brought to, or initiated by, the ombudsman for investigation and action by, or on behalf of, one or more residents of a long-term care facility relating to health, safety, welfare or rights of a resident. One or more complaints constitute a case.

(d) COMPLAINANT: An individual or a party who files one or more complaints made by, or on behalf of, residents with the ombudsman program.

(2) COMPLAINT INVESTIGATION DISPOSITION CODES.

(a) Partially or fully resolved.

(b) Withdrawn or no action needed.

(3) COMPLAINT INVESTIGATION VERIFICATION CODES.

(a) NOT VERIFIED: It is determined after work (interviews, record inspection, and observation, etc.) that the circumstances described in the complaint are not accurate.

(b) VERIFIED: It is determined after work (interviews, record inspection, and observation, etc.) that the circumstances described in the complaint are accurate.

(4) CONFLICT OF INTEREST DEFINITIONS.

(a) CONFLICT OF INTEREST: A conflict of interest is a competing interest, obligation or duty which compromises, influences, interferes with (or gives the appearance of compromising, influencing or interfering with) the integrity, the activities or the conduct of the program’s representatives, including the State Long-Term Care Ombudsman, in faithfully and effectively fulfilling his or her official duties. Types of conflicts include:

Conflicts of loyalty, which involve issues of judgment and objectivity, including, but not limited to, financial incentives that shape an individual’s judgment or behavior in such a way that is contrary to residents’ interests.
Conflicts of commitment, which involve issues of time and attention that direct an individual’s time and attention away from the residents’ interests.
Conflicts of control, which involve issues of independence, including limitations or restrictions that effectively prevent an individual’s ability to advocate for residents’ interests.

(b) IMMEDIATE FAMILY: Father, mother, husband, wife, son, daughter, brother, sister, or any other individual residing in the household.

(c) INDIRECT REMUNERATION: Receiving remuneration from a company providing a service to a long-term care facility, such as a consulting pharmacist.

(d) LONG-TERM CARE SERVICES: Services provided by a long-term care facility, home health agency, adult day care center, hospice, intermediate care facility, home for special services or transitional living facility as those terms are defined in Chapters 400 and 429, F.S. Long-term care services also include services provided to residents by non-immediate family members who are geriatric care managers, guardians or representative payees.

(5) OTHER DEFINITIONS:

(a) DISTRICT: A geographic area in which the ombudsman program is administered and services are delivered.

(b) DOM: Abbreviation for the Long-Term Care Program’s district ombudsman manager.

(c) PROGRAM: The Office of the State Long-Term Care Ombudsman, its representatives and employees, the State Long-Term Care Ombudsman Council, and the district long-term care ombudsman councils as established in Chapter 400, Part I, F.S.

History

Rulemaking Authority 400.0070, 400.0071 FS. Law Implemented 400.0070, 400.0071, 400.0073, 400.0075 FS. History–New 3-18-10, Amended 9-2-24.

Fla. Admin. Code R. 58L-1.005 Access

(1) Long-term care facilities must be aware of the following provisions regarding an ombudsman’s access to the facility, residents and records:

(a) Section 400.0081, F.S.; and,

(b) Title VII, Chapter 2, of the Older Americans Act of 1965, as amended in 2006, 42 U.S.C. §3058g(b).

(2) Upon entering a long-term care facility to conduct ombudsman activities, the ombudsman must identify himself or herself to the administrator or designee.

(3) In the event that a facility should deny an ombudsman access as outlined in subsection (1), of this rule, the ombudsman must report the incident to the DOM. The DOM must contact the Office of the Long-Term Care Ombudsman.

History

Rulemaking Authority 400.0081(2) FS. Law Implemented 400.0081 FS. History–New 7-31-95, Formerly 58L-3.001, Amended 3-18-10.

Fla. Admin. Code R. 58L-1.006 Conflict of Interest

(1) PROHIBITIONS.

(a) In addition to the conflict of interest prohibitions set forth in Section 400.0070(1), F.S., the following situations constitute prohibited conflicts of interest involving an ombudsman; an ombudsman’s immediate family member; an officer, employee or representative of the Office of State Long-Term Care Ombudsman or of the state or district long-term care ombudsman councils:

Having, or an immediate family member having, an ownership or investment interest, represented by equity, debt or other financial relationship, in a long-term care facility or long-term care service as defined in Rule 58L-1.0011, F.A.C.,
Providing, or having an immediate family member providing, long-term care services, including the provision of personnel for long-term care facilities or the operation of programs which control access to, or services for, long-term care facilities,
Participating, or having an immediate family member participating, in the management of a long-term care facility or serving as the medical director of a long-term care facility,
Being involved, or having an immediate family member involved, in the regulation of a long-term care facility or provision of a long-term care service to a facility or its residents,
Receiving, or having an immediate family member receiving, direct or indirect remuneration under a compensation arrangement with an owner or operator of a long-term care facility,
Accepting, or having an immediate family member accepting, gifts or gratuities from a long-term care facility, facility owner, administrator, resident or resident's representative,
Performing ombudsman duties in a facility in which an immediate family member resides,
Standing to gain financially through an action or potential action brought on behalf of residents by ombudsman services,
Participating in activities which compromise the ability of the Long-Term Care Ombudsman Program to serve residents or are likely to create an appearance that the Long-Term Care Ombudsman Program’s primary interest is other than as a resident advocate.

(b) Past employment in a long-term care facility or being related to a long-term care facility resident shall not, in or of itself, be construed as an impermissible conflict of interest.

(2) PROCEDURES.

(a) Upon approval, employment or affiliation with the program, each appointee, officer, employee or representative shall sign and date a conflict of interest statement that includes the following:

Acknowledgement that the individual has reviewed Title VII, Chapter 2, of the Older Americans Act of 1965, as amended in 2006, 42 U.S.C., Section 3058g(f), Section 400.0070(1), F.S., and this rule,
Acknowledgement that the individual understands the prohibitions contained in subsection (1), of this rule; and,
A statement that the individual has no conflict of interest as defined in this rule.

(b) All acknowledgements referenced in this subsection must be submitted to the Office of the State Long-Term Care Ombudsman at the following address: Department of Elder Affairs, Office of the State Long-Term Care Ombudsman, 4040 Esplanade Way, Tallahassee, Florida 32399-7000. The Office of the State Long-Term Care Ombudsman must keep the statements on file.

(c) The State Long-Term Care Ombudsman shall receive and review all allegations of conflict of interest and, if appropriate, shall request that the individual remove the conflict of interest.

(d) If the individual does not remove the conflict of interest, the State Long-Term Care Ombudsman shall de-designate the representative from performing any authorized ombudsman duty or responsibility, or shall terminate for cause any such employee.

(e) Deliberate failure to disclose any conflict of interest, or the violation of any prohibition set forth in this rule, shall be considered sufficient grounds for de-designating the representative from performing any authorized ombudsman duty or responsibility, or terminating for cause such an employee.

History

Rulemaking Authority 400.0070 FS. Law Implemented 400.0070 FS. History–New 3-18-10.

Fla. Admin. Code R. 58L-1.007 Complaint Procedures

This rule outlines the procedures for receiving and conducting complaint investigations on behalf of residents in long-term care facilities.

(1) RECEIVING COMPLAINTS.

(a) Any person may make a written or verbal complaint to the Office of State Long-Term Care Ombudsman or its representatives. A complaint may be anonymous.

(b) The receipt of a complaint by the DOM, or designee, triggers the opening of a case as defined in Rule 58L-1.0011, F.A.C.

The DOM, or designee, must code complaints based on the requirements of the National Ombudsman Reporting System published by the U.S. Department of Health and Human Services, Administration on Aging.
The DOM, or designee, must complete and provide a Case Investigation Form to the ombudsman conducting the investigation.

(2) INVESTIGATIVE PROTOCOL.

(a) An investigation is initiated when an ombudsman makes contact with the complainant or resident. The investigation must be initiated no later than 7 business days after the district ombudsman manager (DOM) receives the complaint.

(b) To the extent possible, the ombudsman must make every effort to visit the resident, or representative or immediate family member on whose behalf the complaint was filed. If unable to do so, the ombudsman must document the reason why he or she was unable to visit the resident, or representative or immediate family member.

(c) The complaint investigation must focus on the rights, health, safety and welfare of the resident or residents and may include direct observation, interviews with residents and other individuals, and record reviews, as permitted in Section 400.0081, F.S.

(d) Investigations must be closed within 120 calendar days after receiving the complaint unless additional time is requested by the ombudsman and granted by the regional office manager (ROM), or designee. The ROM, or designee, may grant an extension of the 120 calendar day period when the ombudsman is unable to complete the investigation due to circumstances beyond his or her control. Such circumstances may be:

The investigation is undergoing legal or administrative proceedings,
One of the parties is ill and cannot participate in the investigation,
There is an act of God or a designated threat to public safety that warrants an extension, or
Any other circumstance that warrants an extension in the opinion of the ROM, or designee.

(e) At the conclusion of a case investigation, the ombudsman must:

Complete a Case Investigation Form, using disposition codes referenced in subparagraph (1)(b)1., of this rule.
Contact the resident, or representative, to inform him or her of the preliminary disposition, pending the review and final approval of the DOM, or designee, pursuant to paragraph (f), of this subsection.
Conduct an exit interview with the facility administrator, or designee, to discuss preliminary complaint findings, if any; to discuss preliminary remedial action to be taken, if any; to discuss preliminary target dates for the remedial action to be corrected, if warranted.
Submit the complaint investigation form and documentation to the DOM, or designee, within 14 calendar days after the exit interview.

(f) The DOM, or designee, must review and approve the complaint investigation.

History

Rulemaking Authority 400.0071 FS. Law Implemented 400.0071, 400.0073, 400.0075 FS. History–New 3-18-10, Amended 7-4-17, 9-2-24.

Fla. Admin. Code R. 58L-1.008 Administrative Assessment

(1) An onsite administrative assessment must be conducted on long-term care facilities annually. The annual period for conducting an assessment is the federal reporting year, which is October 1 through September 30.

(2) By October 1 of each year, the district ombudsman manager (DOM), or designee, must identify all facilities within the local council’s jurisdiction.

(3) The assessment must focus on factors affecting residents’ rights, health, safety, and welfare as seen from the residents’ perspectives.

(4) At the conclusion of the assessment visit, the ombudsman should:

(a) Identify the issues or concerns perceived by the residents or noted by the ombudsman;

(b) Identify those issues or concerns that were addressed or corrected by facility staff during the assessment visit;

(d) Conduct an exit consultation with the facility administrator, or administrator designee, to discuss the issues or concerns and make recommendations for improvement, if any; and,

(e) Submit the assessment to the DOM, or designee, after completing the exit consultation.

History

Rulemaking Authority 400.0071 FS. Law Implemented 400.0060(1), 400.0071, 400.0074 FS. History–New 8-1-12, Amended 7-4-17.

Chapter 58L-2 LONG-TERM CARE OMBUDSMAN CONFLICT OF INTEREST

Fla. Admin. Code R. 58L-2.001 Definitions

History

Rulemaking Authority 400.0065(3), 400.0067(4), 400.0069(10), 400.0087(1) FS. Law Implemented 400.0065(1)(a), (3), 400.0067(4), 400.0069(4), (10), 400.0087(1), (3) FS. History–New 6-27-94, Amended 10-20-03, Repealed 4-4-10.

Fla. Admin. Code R. 58L-2.003 Purpose

History

Rulemaking Authority 400.0087(3) FS. Law Implemented 400.0065(3), 400.0067(5), 400.0069(10), 400.0087(1), (3) FS. History–New 6-27-94, Repealed 4-4-10.

Fla. Admin. Code R. 58L-2.005 Prohibitions

History

Rulemaking Authority 400.0065(3), 400.0067(4), 400.0069(10), 400.0087(1), (3) FS. Law Implemented 400.0065(3), 400.0067(4), 400.0069(4), (10), 400.0087(1), (3) FS. History–New 6-27-94, Amended 10-20-03, Repealed 4-4-10.

Fla. Admin. Code R. 58L-2.007 Procedures

History

Rulemaking Authority 400.0065(3), 400.0067(4), 400.0069(10), 400.0087(1) FS. Law Implemented 400.0065(3), 400.0067(4), 400.0069(10), 400.0087(1), 400.0091 FS. History–New 6-27-94, Amended 10-20-03, Repealed 4-4-10.

Division 58M Office of Public and Professional Guardians

Chapter 58M-2 GUARDIANSHIP

Fla. Admin. Code R. 58M-2.001 Professional Guardian Registration and Credit Investigation

Applicants must score a minimum of 75% on the Professional Guardian Competency Examination or must receive a waiver pursuant to Section 744.2003(8), F.S., from the Department of Elder Affairs’ Office of Public and Professional Guardians (OPPG) before the application for registration will be considered.

(1) Definitions. As used in this rule, the term:

(a) “Adverse credit history information” means the following:

Personal bankruptcy within the previous 5 years.
Bankruptcy within the last 5 years of any organization based on events that occurred while the applicant was in a position of control of the organization.
Outstanding tax lien or other governmental lien.
An outstanding judgment or a judgment within the last 15 years that is based upon grounds of fraud, embezzlement, misrepresentation, or deceit.
Open collection account or charged-off account that remains unpaid, except accounts related solely to unpaid medical expenses.
Foreclosure on any property owned by the applicant within the last 5 years.

(b) “Charged-off” means an account that has been identified by a creditor as an uncollectable debt.

(c) “Employee with fiduciary responsibility” means an employee of a professional guardian who has the ability to direct any withdrawal or investments from a ward’s banking or investment accounts, supervises the care of the ward under the supervision of the guardian, or who makes any health care decision, as defined by Section 765.101(6), F.S., on behalf of the ward. This term shall also include an employee of a professional guardian who has in-person contact with the Ward more than five (5) times in any thirty (30) day period.

(2) Persons required to register with the OPPG as a professional guardian must complete the Professional Guardian Registration Form, DOEA/OPPG Form 001, February 2017, which is incorporated herein by reference and may be obtained from the Office of Public and Professional Guardians, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-07916. The Professional Guardian Employee Registration Form, DOEA/OPPG Form 002, February 2017, which is incorporated herein by reference and may be obtained from the OPPG or at http://www.flrules.org/Gateway/reference.asp?No=Ref-07917, must also be completed and submitted for any Professional Guardian Employee with fiduciary responsibility.

(3) The registration forms for persons required to register with the OPPG shall be signed by the person required to register or corporate officer if the applicant is a corporation.

(4) The completed registration form shall be filed with the OPPG, by hand-delivery or mail. Facsimile submissions will not be accepted.

(5) The following items must either accompany the registration form or must be on file with the OPPG, for the registration to be deemed complete:

(a) A complete credit report, including all pages, from a nationally recognized credit agency. A nationally recognized credit agency shall mean a credit agency that obtains credit information both within and outside the State of Florida; validates, updates, and maintains the accuracy of credit information obtained. The report must reflect the financial responsibility of the applicant and provide full, accurate, current, and complete information regarding payment history and credit rating.

(b) Criminal history record for guardians as specified in Section 744.3135, F.S.;

(6) For the initial guardian registration, the applicant must submit proof of satisfactorily completing the entire 40 hour course required by Section 744.2003(3), F.S., which includes attendance at all course activities, completion of all homework assignments and passage of the end of course practice exam. Initial applicants must also provide proof of competency by evidence of satisfactory completion of the Department of Elder Affairs approved examination unless waived in accordance with Section 744.2003(8), F.S. For annual renewals, proof of receipt of the minimum continuing education requirements must be submitted, if not on file.

(7) A registration fee of thirty-five dollars ($35.00) for each professional guardian or Professional Guardian Employee with fidcuiary responsibility in the form of a personal check, money order, or cashier’s check made payable to the Office of Public and Professional Guardians must be submitted with the registration form.

(8) Adverse Credit History Information. If an applicant’s credit report or responses to the registration application contains adverse credit history information, the OPPG will notify the applicant in writing of the specific items constituting adverse credit history information. The notification will also inform the applicant of the:

(a) Opportunity to explain the circumstances surrounding the specific items and provide any other relevant information that the applicant wishes the OPPG to consider surrounding the specific items;

(b) Documents that the OPPG requires in order to complete its review of the specific items. The requested documents provided by the applicant must be legible.

If the documents requested above cannot be obtained, the applicant shall submit evidence of that fact in order for the registration application to be deemed complete. Evidence that documents cannot be obtained shall consist of a written statement from the agency’s or creditor’s records custodian that is written on the agency’s or creditor’s letterhead; indicates that the agency or the creditor does not have any record of such matter or that the record was lost, damaged, or destroyed, or cannot otherwise be produced and provide a statement as to why the record cannot be produced; and is signed by the agency’s or creditor’s records custodian.

(9) Procedure for Reviewing Adverse Credit History Information.

(a) When deciding whether to approve an application for registration as a professional guardian, the OPPG must make a determination regarding whether the applicant has demonstrated that he or she possesses the character, general fitness, and financial responsibility to warrant the OPPG’s determination that the applicant will not violate any of the provisions of Chapter 744, F.S. In making this determination, the OPPG will consider the following information:

The Applicant’s entire credit history as reflected in the credit report.
The information provided by the applicant under subsection (8).
The responses contained in the registration application.
The previous registration history with the OPPG and the Statewide Public Guardianship Office including whether the relevant applicant was named in any regulatory action by those agencies.
Other information that reflects upon an applicant’s character, general fitness, or financial responsibility.
The time and context of the information available and any pattern of behavior the information may demonstrate.

(10)(a) The registration period begins the day the registration is approved by the OPPG and ends on the applicant’s bond anniversary date. For multi-year bonds, the annual registration expiration date will be determined by the day and month that the bond expires.

(b) The OPPG will prorate the registration fee up to 50% for initial applicants whose bond will expire in less than 6 months.

(11) Annual Renewals: A completed DOEA/OPPG Form 001 for annual renewal of a registration shall be submitted to OPPG at least 30 days prior to the expiration date of the current registration to ensure that a lapse in registration does not occur. All fees must be received with the completed registration form prior to the registration being processed by the OPPG.

(12) If a professional guardian hires an employee with assigned fiduciary responsibilities during the registration period, the professional guardian shall submit an amended DOEA/OPPG Form 001 that includes the new employee information to the OPPG for approval prior to the employee assuming any fiduciary responsibilities.

History

Rulemaking Authority 744.2002(6), 744.3135(5)(b) FS. Law Implemented 744.102(17), 744.2002, 744.2003, 744.3135 FS. History–New 5-4-03, Amended 12-12-05, 3-17-08, 3-1-17.

Fla. Admin. Code R. 58M-2.003 Professional Guardian Coursework and Competency Examination

(1) The minimum hours of instruction and training are set out in Section 744.1085(3), F.S. The initial 40 hours of education and training must be approved by SPGO prior to an applicant taking a course. Information about the professional guardian coursework may be obtained from the Statewide Public Guardianship Office or online at http://elderaffairs.state.fl.us/english/public.html.

(2) Completion of the required professional guardian instruction and training course is a mandatory requirement in order for the registrant to be eligible to take the competency examination. The exam will be administered by the approved contractor. The contractor will set the examination fee, which cannot by law exceed $500.00. The examination may be waived in accordance with the criteria in Section 744.1085(8), F.S.

(3) The exam is comprised of two parts: 1) national guardianship ethics and practices, and 2) Florida law and procedure. Registrants must score a minimum of 75% on both parts.

(4) If the registrant fails to successfully complete either portion of the Professional Guardian Competency Examination in three (3) attempts, the registrant shall be required to re-take the instruction and training course prior to being eligible to sit for the competency examination again.

(5) Professional guardians must complete continuing education credits as outlined in Section 744.1085(3), F.S. The SPGO must approve the coursework for all continuing education classes prior to attendance. Proof of completion of the required continuing education hours shall be submitted with the annual renewal registration.

History

Rulemaking Authority 744.1083(6), 744.1085(6)(b) FS. Law Implemented 744.102(17), 744.1083, 744.1085, 744.3135 FS. History–New 12-12-05, Amended 3-17-08.

Fla. Admin. Code R. 58M-2.005 Confidentiality

History

Rulemaking Authority 744.1083(6) FS. Law Implemented 744.102(16), 744.1083, 744.1085, 744.3135 FS. History–New 12-12-05, Repealed 11-29-11.

Fla. Admin. Code R. 58M-2.007 Electronic Fingerprint Criminal History Record Check

Per Section 744.3135(3), F.S., a professional guardian and their fiduciary employees may use electronic fingerprinting methods. If completing a criminal history record check by electronic fingerprinting, registrants must use a provider on the list maintained by SPGO. This list may be obtained from the Statewide Public Guardianship Office or at http://elderaffairs.state.fl.us/english/public.html.

History

Rulemaking Authority 744.3135 FS. Law Implemented 744.3135 FS. History–New 3-17-08.

Fla. Admin. Code R. 58M-2.009 Standards of Practice

(1) DEFINITIONS.

(a) In addition to the terms defined in Chapter 744, F.S., the following definitions are applicable in this rule:

“Interested Person” means a person identified as an interested person in a guardianship proceeding. The meaning as it relates to particular wards may vary from time to time and must be determined by the Court according to the particular matter involved.
“Family” or “Family Member” means a person or persons who are:

a. A relative of an individual within the third degree by blood or marriage, or

b. The stepparent of a minor if the stepparent is currently married to the parent of the minor and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the minor’s parents as an adverse party.

“Friend” means a person who an individual knows and with whom the individual has a bond of mutual affection.
“Abuse” means any willful act or threatened act by anyone who causes or is likely to cause significant impairment to a Ward’s physical, mental, or emotional health. Abuse includes acts and omissions.
“Neglect” means the failure or omission on the part of a caregiver, service provider or guardian to provide the care, supervision, and services necessary to maintain the physical and mental health of a Ward, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a reasonably prudent person would consider essential for the well-being of the Ward, under the same or similar circumstances. The term “neglect” also means the failure of a caregiver, service provider or guardian to make a reasonable effort to protect a Ward from abuse, neglect, or exploitation by others.
“Exploitation” means:

a. Knowingly obtaining or using, or endeavoring to obtain or use, a Ward’s funds, assets, or property with the intent to temporarily or permanently deprive the Ward of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the Ward, or

b. Breach of a fiduciary duty to a Ward by the Ward’s guardian which results in an unauthorized appropriation, sale, or transfer of property, or

c. Intentionally or negligently failing to effectively use a Ward’s income and assets for the necessities required for that Ward’s support and maintenance, by the Ward’s guardian.

(2) THE PROFESSIONAL GUARDIAN’S RELATIONSHIP TO THE COURT.

(a) Professional Guardians shall know the extent of the powers and the limitations of authority granted to them by the court and all their decisions and actions shall be consistent with applicable court orders and Florida law. Any action taken by a Professional Guardian pursuant to a court order shall not be deemed a violation of this rule.

(b) Professional Guardians shall obtain court authorization for actions that are subject to court approval in advance except for emergency situations.

(c) Professional Guardians shall clarify with the court any questions that the professional guardian has about the meaning of orders or directions from the court before taking action based on the orders or directions.

(d) Professional Guardians shall seek assistance as needed to fulfill responsibilities to the Wards under their guardianship. Professional Guardians shall disclose to the Court any and all employees or agents hired or assigned to perform tasks or duties related to an active guardianship.

(e) All payments to Professional Guardians from the assets of a Ward shall be submitted to the court for prior approval and shall follow the requirements of Section 744.108, F.S.

(f) Professional Guardians shall submit reports regarding the status of their Wards to the court as ordered by the court and as required by Chapter 744, F.S.

(3) THE PROFESSIONAL GUARDIAN’S PERSONAL RELATIONSHIP WITH THE WARD.

Professional Guardians may not engage in sexual activity with a Ward that violates the provisions of Section 744.20041(1)(n), F.S.

(4) THE PROFESSIONAL GUARDIAN’S RELATIONSHIP WITH FAMILY MEMBERS AND FRIENDS OF THE WARD.

(a) Professional Guardians of the person shall allow social interactions between their Wards and their Wards’ family and friends in accordance with Section 744.361(13)(b), F.S.

(b) Professional Guardians shall keep interested persons advised of any pertinent medical issues or decisions when ordered to do so by the Court.

(5) THE PROFESSIONAL GUARDIAN’S RELATIONSHIP WITH OTHER PROFESSIONALS AND PROVIDERS OF SERVICES TO THE WARD.

Professional Guardians shall strive to enhance cooperation between all parties on behalf of their Wards, including all professionals and other service providers.

(a) Professional Guardians who are not family members of their Wards may not provide any services other than guardianship services to those Wards except in an emergency. Professional Guardians shall coordinate and monitor services needed by Wards to ensure that Wards are receiving the appropriate care and treatment.

(b) Professional Guardians shall make a good faith effort to cooperate with other surrogate decision-makers for Wards. These include, where applicable, any other guardians, agents under a power of attorney, health care proxies, trustees, U.S. Department of Veterans’ Affairs fiduciaries, and representative payees.

(6) INFORMED CONSENT.

(a) Decisions that Professional Guardians make on behalf of their Wards under guardianship shall be based on the principle of Informed Consent.

(b) Informed Consent is a decision maker’s agreement to a particular course of action based on a full disclosure of the facts needed to make the decision intelligently.

(c) To have Informed Consent, a decision maker must have adequate information on the issue, must be able to take voluntary action, and must not be coerced.

(d) In evaluating each requested decision, Professional Guardians shall do the following:

Have a clear understanding of the issue for which informed consent is being sought,
Have a clear understanding of the options, expected outcomes, risks and benefits of each alternative,
Determine the conditions that necessitate treatment or action,
Maximize the participation of Wards in understanding the facts and directing a decision, to the extent possible,
Determine whether a Ward has previously stated preferences in regard to a decision of this nature,
Determine why this decision needs to be made now rather than later,
Determine what will happen if a decision is made to take no action,
Determine what the least restrictive alternative is for the situation; and,
Obtain written documentation of all reports relevant to each decision, if possible.

(7) STANDARDS FOR DECISION-MAKING.

(a) Professional Guardians shall assist and encourage Wards to participate in decisions, when possible.

(b) Professional Guardians shall, consistent with court orders and state statutes, exercise authority only as necessitated by the limitations of the Ward.

(c) Each decision made by a Professional Guardian shall be an informed decision based on the principle of Informed Consent as set forth in subsection (6).

(d) Professional Guardians shall identify and advocate for the goals, needs, and preferences of their Wards.

Professional Guardians shall ask their Wards what they want.
If a Ward has difficulty expressing what he or she wants, his or her Professional Guardian shall, to the extent possible, help the Ward express his or her goals, needs, and preferences.
When a Ward, even with assistance, cannot express his or her goals and preferences, Professional Guardians shall seek input from others familiar with the Ward to determine what the Ward may have wanted.
To the extent that a Ward’s goals and preferences have been made known to a Professional Guardian, the Professional Guardian shall honor those goals or preferences, except when following the Ward’s goals and preferences would cause significant impairment to a Ward’s physical, mental, or emotional health.

(e) Substituted Judgment.

Substituted Judgment is a principle of decision-making which requires the guardian to consider the decision their Ward would have made when the Ward had capacity and use that as the guiding force in any surrogate decision a guardian makes.
Substituted Judgment shall be used when making decisions on behalf of a ward except when following the Ward’s wishes would cause significant impairment to a Ward’s physical, mental, or emotional health, or when a Professional Guardian cannot establish a Ward’s goals and preferences even with support.

(f) Best Interest.

Best Interest is the principle of decision-making that should be used only when a Ward has never had capacity, when a Ward’s goals and preferences cannot be ascertained even with support, or when following a Ward’s wishes would cause significant impairment to a Ward’s physical, mental, or emotional health or his or her property.
The Best Interest principle requires a guardian to consider the least restrictive course of action to provide for the needs of a Ward.
The Best Interest principle requires guardians to consider a Ward’s past practice and evaluate evidence of his or her choices.
The Best Interest principle requires the course of action that maximizes what is best for a Ward and that includes consideration of the least intrusive, most normalizing, and least restrictive course of action possible given the needs of the Ward.

(8) LEAST RESTRICTIVE ALTERNATIVE.

(a) When making a decision, Professional Guardians shall carefully evaluate the ward’s resources and the alternatives that are available and choose the one that best meets the personal and financial goals, needs, and preferences of Wards under their guardianship, while placing the least restrictions on their Wards’ freedoms, rights, and ability to control their environments.

(b) Professional Guardians shall weigh the risks and benefits of each decision and develop a balance between maximizing the independence and self-determination of Wards and maintaining Wards’ dignity, protection, and safety.

(c) Professional Guardians shall make individualized decisions. The least restrictive alternative for one Ward might not be the least restrictive alternative for another Ward.

(d) The following guidelines apply in the determination of the least restrictive alternative:

Professional Guardians shall become familiar with the resources available for rights delegated to them including: options for residence, care, medical treatment, vocational training, and education for their wards.
Professional Guardians shall strive to know their Wards’ goals and preferences.
Professional Guardians shall consider assessments of their Wards’ needs as determined by specialists. This may include an independent assessment of a Ward’s functional ability, health status, and care needs.

(9) SELF-DETERMINATION OF THE WARD.

(a) Professional Guardians shall provide Wards under their guardianship with every opportunity to exercise individual rights as they relate to the personal and financial needs of the Ward, as long as that exercise is consistent with court orders regarding the Ward’s capacity.

(b) The Professional Guardian shall, whenever possible, seek to ensure that the Ward leads the planning process. If the Ward is unable to lead the process, the Professional Guardian shall, whenever possible, seek their participation.

(10) THE PROFESSIONAL GUARDIAN’S DUTIES REGARDING DIVERSITY AND PERSONAL PREFERENCES OF THE WARD.

Professional Guardians shall determine the extent to which Wards under guardianship identify with particular ethnic, religious, and cultural values. To determine these values, Professional Guardians shall consider the following:

(a) The Ward’s attitudes regarding illness, pain, and suffering;

(b) The Ward’s attitudes regarding death and dying;

(d) The Ward’s views regarding societal roles and relationships; and,

(e) The Ward’s attitudes regarding funeral and burial customs.

(11) CONFIDENTIALITY.

(a) Professional Guardians shall keep the affairs of Wards under guardianship confidential, unless otherwise provided by law or ordered by the Court.

(b) Professional Guardians shall respect Wards’ privacy and dignity, especially when the disclosure of information is necessary.

(d) Professional Guardians shall assist Wards in communicating with third parties unless the disclosure will substantially harm the Ward.

(12) DUTIES OF THE PROFESSIONAL GUARDIAN OF THE PERSON.

(a) Professional Guardians appointed guardians of the person shall have the following duties and obligations to Wards under guardianship, unless decision making authority has not been delegated to the Professional Guardian or the letters of guardianship provides otherwise:

To see that Wards are living in the most appropriate environment that addresses each Ward’s goals, needs, and preferences subject to limitations of his or her financial resources and availability of government benefits,

a. Professional Guardians must prioritize home or other community-based settings, when not inconsistent with a Ward’s goals and preferences.

b. Professional Guardians shall authorize moving Wards to a more restrictive environment only after evaluating other medical and health care options and making an independent determination that the move is the least restrictive alternative at the time, fulfills the current needs of a Ward, and serves the overall best interest of a Ward.

c. Professional Guardians shall consider the proximity of the setting to those people and activities that are important to Wards when choosing a residential setting.

d. When Professional Guardians consider placement of a Ward in a residential setting, the bases of the decision shall be to minimize the risk of significant impairment to a Ward’s physical, mental, or emotional health, to obtain the most appropriate placement possible, and to secure the best treatment for the Ward consistent with Section 744.3215, F.S.

To ensure that provision is made for the support, care, comfort, health, and maintenance of Wards, subject to limitations of his or her financial resources and availability of government benefits,
To make reasonable efforts to secure for Wards medical, psychological, therapeutic, and social services, training, education, and social and vocational opportunities that are appropriate and that will maximize Wards’ potential for self-reliance and independence, subject to limitations of his or her financial resources and availability of government benefits; and,
To report to the Office of Public and Professional Guardians, the Department of Children and Families’ Adult Protective Services Unit and local law enforcement incidents of abuse, neglect and/or exploitation as defined by state statutes within a reasonable period of time. For purposes of this provision the phrase “reasonable period of time” shall mean the time period in which a reasonably prudent person, under the same or similar circumstances, would report incidents of abuse, neglect and/or exploitation to the Office of Public and Professional Guardians and other appropriate authorities.

(13) INITIAL AND ONGOING RESPONSIBILITIES OF THE PROFESSIONAL GUARDIAN OF THE PERSON.

(a) With the proper authority, Professional Guardians appointed guardian of the person shall take the following initial steps after appointment:

Professional Guardians shall address all issues of Wards under guardianship that require immediate action.
Professional Guardians shall meet with Wards as soon after the appointment as is feasible. At the first meeting, Professional Guardians shall:

a. Communicate to the Ward the role of the Professional Guardian,

b. Explain the rights retained by the Ward,

c. Assess the Ward’s physical and social situation,

d. Assess the Ward’s educational, vocational, and recreational needs,

e. Obtain the Ward’s preferences,

f. Assess the support systems available to the Ward; and,

g. Attempt to gather any missing necessary information regarding the Ward.

After the first meeting with the Ward, the Professional Guardian shall notify relevant agencies and individuals of the appointment of a Professional Guardian, and shall complete the intake process by gathering information and ensuring that applicable evaluations are completed, if appropriate. The Professional Guardian shall:

a. Obtain a psychological evaluation, if appropriate.

b. Obtain an inventory of advance directives. Such statements of intent would include, but are not limited to, powers of attorney, living wills, organ donation statements, and statements by the person recorded in medical charts.

c. Establish contact and communicate with the Professional Guardian of the property and/or any other relevant fiduciary for the Ward.

(b) Professional Guardians appointed guardian of the person shall maintain a separate file for each Ward. The file must include, at a minimum, the following information and documents, if available:

The Ward’s name, date of birth, address, telephone number, Social Security number, medical coverage, physician, diagnoses, medications, the purpose of each medication, and allergies to medications,
Any legal documents, including the order appointing the guardian and letters of guardianship, involving the Ward,
Advance directives,
A list of key contacts and the contact information for next of kin,
A list of service providers, contact information, a description of services provided to the person, and progress/status reports,
A list of all medications the Ward is taking, the dosage, and the name of the doctor prescribing the medication,
Progress notes and any documentation that reflect contacts made and work performed regarding the Ward, including the date, time and activity,
The initial guardianship plan and annual plans; and,
Assessments regarding the Ward’s past and present medical, psychological, and social functioning,
Documentation of the Ward’s known values, lifestyle preferences, and known wishes regarding medical and other care and service.

(c) Professional Guardians appointed guardian of the person or one of their professional staff shall visit Wards at least quarterly each year.

Professional Guardians appointed guardians of the person, if delegated, shall assess the Ward’s physical appearance and condition, and if delegated by the Court, the appropriateness of the Ward’s current living situation, and the continuation of existing services while taking into consideration the Ward’s resources, all aspects of social, psychological, educational, direct services, and health and personal needs as well as the need for any additional services.
Professional Guardians appointed guardian of the person shall maintain substantive communication with service providers, caregivers, and others attending to Wards.
Professional Guardians appointed guardian of the person shall examine all services and all charts, notes, logs, evaluations, and other documents regarding Wards at the place of residence and at any program site to ascertain that the care plan is being properly followed.
Professional Guardians appointed guardian of the person shall advocate on behalf of the Ward. Professional Guardians appointed guardians of the person shall assess the overall quality of services provided to Wards and seeking remedies when care is found to be deficient.
Professional Guardians appointed guardians of the person shall monitor the residential setting on an ongoing basis and take any necessary action when the setting does not meet the Ward’s current goals, needs, and preferences, including but not limited to:

a. Evaluating the initial annual plan,

b. Enforcing residents’ rights, legal, and civil rights; and,

c. Ensuring quality of care and appropriateness of the setting in light of the feelings and attitudes of the Ward.

(d) Professional Guardians appointed guardian of the person shall fully identify, examine, and continue to seek information regarding options available to the Ward that will fulfill the Ward’s goals, needs, and preferences.

Professional Guardians appointed guardian of the person shall take advantage of available professional assistance in identifying all available options for long term services and support.
Sources of professional assistance include, but are not limited to Area Agencies on Aging, Centers for Independent Living, protection and advocacy agencies, Long Term Care Ombudsmen, Developmental Disabilities Councils, Aging and Disability Resource Centers, and community mental health agencies.

(14) DECISION-MAKING BY GUARDIAN OF THE PERSON CONCERNING MEDICAL TREATMENT.

(a) Professional Guardians appointed guardian of the person shall promote, monitor, and maintain the health and well-being of Wards under guardianship pursuant to their powers and duties as guardian, and in accordance with the Ward’s available resources.

(b) Professional Guardians appointed guardian of the person shall ensure that all medical care available to the Ward is appropriately provided.

Maximize the participation of Wards,
Acquire a clear understanding of the medical facts,
Acquire a clear understanding of the health care options and the risks and benefits of each option; and,
Encourage and support Wards in understanding the facts and directing a decision.

(d) Professional Guardians shall use the substituted judgment standard, as defined in subsection (7), with respect to a health care decision, unless a Professional Guardian cannot determine a Ward’s prior wishes, or when following the Ward’s wishes would cause significant impairment to a Ward’s physical, mental, or emotional health. Professional Guardians shall use the best interest standard with respect to health care decisions when it is not possible or inappropriate to use the substituted judgment standard.

(e) If possible, Professional Guardians shall determine whether a ward, before the appointment of a Professional Guardian, executed any advance directives, such as powers of attorney, living wills, organ donation statements and statements by a Ward recorded in medical charts. On finding such documents, Professional Guardians shall inform the court and other interested parties of the existing health care documents.

(f) To the extent a Ward cannot participate in the decision making process, a Professional Guardian appointed guardian of the person shall act in accordance with the Ward’s prior general statements, actions, values, and preferences to the extent the Professional Guardian actually knows or should know of them, provided that such preferences are in the Ward’s best interest.

(g) If a Ward’s preferences are unknown and unascertainable, a Professional Guardian appointed guardian of the person shall act in accordance with information received from professionals and persons who demonstrate interest in the Ward’s welfare to determine the Ward’s best interests.

(h) Absent an emergency or a Ward’s execution of a living will, durable power of attorney for health care, or other advance directive declaration of intent that clearly indicates a Ward’s wishes with respect to a medical intervention, a Professional Guardian appointed guardian of the person and has authority may not grant or deny authorization for a medical intervention until he or she has given careful consideration to the criteria contained in subsections (6) and (7).

(i) In the event of an emergency, a Professional Guardian who has authority to make health care decisions shall grant or deny authorization of emergency medical treatment based on an assessment of the criteria contained in subsections (6) and (7), within the time allotted by the emergency.

(j) Professional Guardians appointed guardian of the person shall seek a second medical opinion for any medical treatment or intervention that would cause a reasonable person to do so or in circumstances where any medical intervention poses a significant risk to a Ward. Professional Guardians shall obtain a second opinion from a licensed physician.

(k) Professional Guardians appointed guardian of the person shall communicate with the treating medical provider before authorizing or denying any treatment or procedure that has been previously approved.

(l) Professional Guardians appointed guardian of the person shall, in accordance with Section 765.1103(1), F.S., seek to ensure that palliative care is incorporated into all health care, unless not in accordance with a Ward’s preferences and values.

(15) DECISION-MAKING CONCERNING WITHHOLDING AND WITHDRAWAL OF MEDICAL TREATMENT.

(a) If a Ward expressed or currently expresses a preference regarding the withholding or withdrawal of medical treatment, a Professional Guardian shall follow the wishes of the Ward. If the Ward’s past or current wishes are in conflict with each other or are in conflict with what the Professional Guardian feels is in the best interest of the Ward, the Professional Guardian shall have this ethical dilemma submitted to the court for direction.

(b) When making this decision on behalf of a Ward, Professional Guardians shall gather and document information as outlined in subsection (6), and shall follow subsection (7).

(16) CONFLICT OF INTEREST: ANCILLARY AND SUPPORT SERVICES.

(a) Professional Guardians shall avoid all conflicts of interest and self-dealing, when addressing the needs of Ward’s under guardianship. A conflict of interest arises where a Professional Guardian has some personal or agency interest that can be perceived as self-serving, or adverse to the position or best interest of a Ward. Self-dealing arises when a Professional Guardian seeks to take advantage of his or her position as a Professional Guardian and acts for his or her own interests rather than for the interests of the Ward.

(b) Guidelines relating to specific ancillary and support service situations:

Professional Guardians may not directly provide housing, medical, or other direct services to a Ward unless the Ward is a Family Member of the Professional Guardian or approved by the court.

a. Professional Guardians shall coordinate and assure the provision of all necessary services to Ward’s, other than guardianship services, rather than providing those services directly.

b. Professional Guardians shall be independent from all service providers and must challenge inappropriate or poorly delivered services and advocate on behalf of their Ward’s.

c. An exception to subsection (16), shall apply when a Professional Guardian can demonstrate unique circumstances indicating that no other entity is available to act as guardian, or to provide needed direct services provided that the exception is in the best interest of the Ward. Approval for the exception must be documented and approved by the court.

A Professional Guardian who is not a family member of the Alleged Incapacitated Person or acting in an official capacity has a public guardian appointed pursuant to Section 744.2006, F.S., may act as a petitioner for the initial appointment of a guardian only when no other entity is available to act, provided all alternatives have been exhausted.
Professional Guardians may not employ their friends or family to provide services for a profit or fee unless no alternative is available and the Professional Guardian discloses this arrangement to the court and the services are provided at the going market rate.
Professional Guardians shall neither solicit nor accept incentives from service providers.
Professional Guardians shall consider various ancillaries or support service providers and select the providers that best meet the needs of the Ward.
Professional Guardians who are attorneys, or employ attorneys, may provide legal services to Ward’s only when doing so best meets the needs of the Ward’s and is approved by the court following full disclosure of the potential for conflict of interest. Professional Guardians who are attorneys shall ensure that the services and fees are differentiated and are reasonable.
Professional Guardians may enter into a transaction that may be a conflict of interest only when necessary, or when there is a significant benefit to a Ward under the guardianship, and shall disclose such transactions to the Court and obtain prior court approval.

(17) DUTIES OF THE PROFESSIONAL GUARDIAN OF THE PROPERTY.

(a) Professional Guardians appointed guardian of the property shall have the following duties and obligations to Ward’s under guardianship; unless decision making authority has not been delegated to the Professional Guardian or the letters of guardianship provides otherwise:

(b) When making decisions Professional Guardians appointed guardian of the property shall:

Give priority to the goals, needs, and preferences of the Wards; and,
Weigh the costs and benefits to the estate.

(c) Professional Guardians appointed guardian of the property shall consider the current wishes, past practices, and evidence of likely choices of their wards. If substantial harm to a Ward’s physical, mental, or emotional health would result or there is no evidence of likely choices, Professional Guardians appointed guardian of the property shall consider the best interests of the Ward.

(d) Professional Guardians shall assist and encourage Wards to participate in decisions to the extent they are capable and not inconsistent with court order.

(e) Professional Guardians appointed guardian of the property shall provide management of Wards’ property and shall supervise all income and disbursements of the Ward.

(g) Professional Guardians appointed guardian of the property shall manage the estate only for the benefit of the Ward or as directed by the Court.

(h) Professional Guardians appointed guardian of the property shall keep estate assets safe by keeping accurate records of all transactions and be able to fully account for all the assets in the estate during the time of the Professional Guardian’s appointment by the Court.

(i) Professional Guardians appointed guardian of the property shall keep estate money separate from their personal money.

(j) Professional Guardians appointed guardian of the property shall apply state law regarding prudent investment practices, including seeking responsible consultation with and delegation to people with appropriate expertise to manage the estate.

(k) If possible, Professional Guardians appointed guardian of the property shall determine if a will exists and obtain a copy to determine how to manage estate assets and property as their Wards would have done when they had capacity.

(l) Professional Guardians appointed guardian of the property shall report to the Office of Public and Professional Guardians, the Department of Children and Families’ Adult Protective Services and local law enforcement incidents of abuse, neglect, and/or exploitation within a reasonable period of time under the circumstances. For purposes of this provision the phrase “reasonable period of time” shall mean the time period in which a reasonably prudent person, under the same or similar circumstances, would report incidents of abuse, neglect and/or exploitation to the Office of Public and Professional Guardians and other appropriate authorities.

(18) PROFESSIONAL GUARDIAN OF THE PROPERTY: INITIAL AND ONGOING RESPONSIBILITIES.

(a) With the proper authority, the initial steps after appointment as Professional Guardian of the property are as follows:

Professional Guardians shall address all issues of the estate that require immediate action, which include, but are not limited to, securing all real and personal property, insuring it at current market value, and taking the steps necessary to protect it from damage, destruction, or loss.

a. Professional Guardians shall ascertain the income, assets, and liabilities of the Ward.

b. Professional Guardians shall ascertain the goals, needs, and preferences of the Ward.

Professional Guardians shall meet with Wards under guardianship as soon after the appointment as feasible. At the first meeting, Professional Guardians shall:

a. Communicate to the Ward the role of the Professional Guardian,

b. Outline the rights retained by the Ward and the grievance procedures available,

c. Assess the previously and currently expressed wishes of the Ward and evaluate them based on current acuity; and,

d. Attempt to gather from the Ward any necessary information regarding the estate.

Professional Guardians shall file all tax returns, 1099s, and other forms on behalf of their wards as required by the Internal Revenue Service.
Professional Guardians shall develop and implement a budget for the management of income and assets that corresponds with the care plan for the Ward, if any, and aim to address the goals, needs, and preferences of the Ward. Professional Guardians of the property and the Professional Guardian of the Person (if one exists), or other health care decision-maker, shall communicate regularly and coordinate efforts with regard to the care and budget, as well as other events that might affect the Ward.

a. The budget shall include a listing of all of the Ward’s known assets, monthly income and whether the Ward’s finances are sufficent for the services the Ward needs, and are flexible enough to deal with the changing status of the Ward. The budget shall also include a listing of all of the Ward’s recurring monthly expenses, including but not limited to housing, clothing, medical, health insurance, entertainment, and transportation costs.

b. Professional Guardians shall prioritize the well-being of Wards over the preservation of the estate.

c. Professional Guardians shall maintain the goal of managing, but not necessarily eliminating, risks.

Professional Guardians shall assess the feasibility of pursuing all public and insurance benefits for which Wards may be eligible.
Professional Guardians shall document the management of the estate and the carrying out of any and all duties required by statute or regulation.
Professional Guardians shall prepare an inventory of all property for which he or she is responsible. The inventory must list all the assets owned by Wards known to the Professional Guardian and must be in accordance with Section 744.365, F.S., and Florida Probate Rule 5.620.
All accountings must contain sufficient information to clearly describe all significant transactions affecting administration during the accounting period. All accountings must be complete, accurate, and understandable and consistent with Florida Probate Rule 5.696.
Professional Guardians shall oversee the disposition of Wards’ assets subject to the Professional Guardian’s control to qualify Wards for any public benefits program after obtaining Court approval.
On the termination of the guardianship or the death of a Ward, Professional Guardians shall facilitate the appropriate closing of the estate and submit a final accounting to the court.
The Professional Guardian appointed guardian of the property shall maintain a separate file for each Ward. The file must include, at minimum, the following information and documents, if available:

a. The Ward’s name, date of birth, address, telephone number, Social Security number,

b. Any legal documents, including among others the order appointing the guardian and the letters of guardianship, involving the Ward,

c. A list of key contacts and the contact information for next of kin,

d. A list of service providers, contact information, a description of services provided to the person, and progress/status reports,

e. Progress notes and any documentation that reflect contacts made and work performed regarding the Ward, including the date, time and activity,

f. The initial inventory and annual accountings; and,

g. Documentation of any goals or preferences expressed by the Ward that have been made known to the Professional Guardian and would required the expenditure of the Ward’s assets in excess of $1,000.00, and the date, time, location and individuals present when the goal or preference was expressed by the Ward.

Professional Guardians shall, when appropriate, open a burial trust account and/or make funeral arrangements for Wards.

(b) Professional Guardians appointed guardian of the property shall maintain substantive communication with service providers, caregivers, and others attending to Wards.

(19) PROPERTY MANAGEMENT.

(a) When disposing of a Ward’s assets, pursuant to Section 744.441, F.S., a Professional Guardian appointed guardian of the property must seek court approval and notify interested persons as required by Chapter 744, F.S.

(b) In the absence of evidence of a Ward’s wishes before the appointment of a Professional Guardian, Professional Guardians appointed guardian of the property, having the proper authority, may not sell, encumber, convey, or otherwise transfer property of a ward, or an interest in that property, unless doing so is in the best interest of the Ward.

(c) In considering whether to dispose of a Ward’s property, Professional Guardians appointed guardian of the property shall consider the following:

Whether disposing of the property will benefit or improve the life of the Ward,
The likelihood that the Ward will need or benefit from the property in the future,
The previously expressed or current desires of the Ward with regard to the property to the extent that they are known to the Professional Guardian,
The provisions of the Ward's estate plan as it relates to the property, if any,
The tax consequences of the transaction,
The impact of the transaction on the Ward's entitlement to public benefits,
The condition of the entire estate,
The ability of the Ward to maintain the property,
The availability and appropriateness of alternatives to the disposition of the property,
The likelihood that property may deteriorate or be subject to waste,
The benefits versus the liability and costs of maintaining the property; and,
Any other factor that may be relevant to the disposition of the Ward’s property.

(d) Professional Guardians appointed guardian of the property shall consider the necessity for an independent appraisal of real and personal property.

(e) Professional Guardians appointed guardian of the property shall obtain insurance coverage, as appropriate, for property in the estate.

(20) CONFLICT OF INTEREST: ESTATE, FINANCIAL, AND BUSINESS SERVICES.

(a) Professional Guardians shall avoid all conflicts of interest and self-dealing when addressing the needs of Wards under guardianship. Impropriety or conflict of interest arises where a Professional Guardian has some personal or agency interest that can be perceived as self-serving or adverse to the position or best interest of a Ward. Self-dealing arises when the Professional Guardian seeks to take advantage of his or her position as a Professional Guardian and acts for his or her own interests rather than for the interests of a Ward.

(b) Professional Guardians appointed guardians of the property shall not commingle personal or program funds with the funds of Wards.

(c) With the exception of funds associated with Wards served by offices of public guardian established pursuant to Section 744.2006, F.S., Professional Guardians appointed guardians of the property shall not consolidate or maintain Wards’ funds in joint accounts or with the funds of other Wards.

(d) Professional Guardians appointed guardian of the property may not sell, encumber, convey, or otherwise transfer a Ward’s real or personal property or any interest in that property to himself or herself, a spouse, a family member, a friend, a coworker, an employee, a member of the board of the agency or corporate Professional Guardian, an agent, or an attorney, or any corporation or trust in which the Professional Guardian, a friend of the Professional Guardian or a family member of the professional guardian has a substantial beneficial interest.

(e) Professional Guardians appointed guardian of the property may not loan money or objects of worth from a Ward’s estate unless specific prior approval is obtained from the court.

(f) Professional Guardians appointed guardian of the property may not use a Ward’s income and assets to directly support or directly benefit other individuals unless specific prior approval is obtained from the court.

(g) Professional Guardians may not borrow funds from a Ward.

(h) Professional Guardians may not lend funds to a Ward unless there is prior notice of the proposed transaction to interested persons and others as directed by the court or agency administering the Ward’s benefits, and the transaction is approved by the court.

(i) Professional Guardians may not profit from any transactions made on behalf of a Ward’s estate at the expense of the estate, nor may the Professional Guardian compete with the estate, unless prior approval is obtained from the court. This provision shall not preclude the payment of fees to a Professional Guardian from the assets of a Ward that are associated with the performance of the duties of a guardianship.

(j) Professional Guardians shall not give anything of monetary value associated with a guardianship referral.

(21) TERMINATION AND LIMITATION OF PROFESSIONAL GUARDIANSHIP.

(a) Professional Guardians shall assist Wards under guardianship to develop or regain the capacity to manage their personal and financial affairs, if possible.

(b) Professional Guardians shall seek termination or limitation of the guardianship in the following circumstances:

When the Professional Guardian believes a Ward has developed or regained capacity in areas in which he or she was found incapacitated by the court,
When less restrictive alternatives exist that have not been previously addressed by the Court exist,
When a Ward expresses the desire to challenge the necessity of all or part of the guardianship,
When a Ward has died, or
When a guardianship no longer benefits the Ward; and,
When the Ward cannot be located after a diligent search.

(22) PROFESSIONAL GUARDIANSHIP SERVICE FEES.

(a) All fees related to the duties of the guardianship must be reviewed and approved by the court. Professional Guardians shall apprise the court of all fees paid to Professional Guardians relating to guardianship services, including fees paid from sources outside of the guardianship. Fees must be reasonable and be related only to guardianship duties. Petitions for Professional Guardian fees must include the source of payment (e.g. guardianship, trust, etc.), if known.

(b) Fees or expenses charged by a Professional Guardian shall be documented through billings maintained by the Professional Guardian as required by Section 744.108, F.S., which shall clearly and accurately state:

The date and time spent on a task,
The duty performed,
The expenses incurred,
The third parties involved; and,
The identification of the individual who performed the duty (e.g., guardian, staff, volunteer).

(23) MANAGEMENT OF MULTIPLE PROFESSIONAL GUARDIANSHIP CASES.

Professional Guardians shall limit his or her caseload to allow the Professional Guardian to properly carry out his or her duties for each Ward within statutory guidelines.

History

Rulemaking Authority 744.2001(2)(b) FS. Law Implemented 744.2001(2)(b) FS. History–New 6-23-17.

Fla. Admin. Code R. 58M-2.011 Disciplinary Action and Guidelines

(1) Purpose. Pursuant to Section 744.20041, F.S., the Office of Public and Professional Guardians provides disciplinary guidelines in this rule for applicants or guardians over whom it has oversight. The purpose of this rule is to notify applicants and guardians of the range of penalties which will routinely be imposed, unless the Office of Public and Professional Guardians finds it necessary to deviate from the guidelines for the stated reasons given in this rule. The range of penalties are based upon a single count violation of each provision listed. Multiple counts of the violated provisions or a combination of the violations may result in a higher penalty. Each range includes the lowest and highest penalties that may be imposed for that violation. For applicants, all offenses listed in the Disciplinary Guidelines are sufficient for refusal to certify an application for registration. The Office of Public and Professional Guardians may find it necessary to deviate from the guidelines for the reasons stated in subsection (3), of this rule.

(2) Violations and Range of Penalties. In imposing discipline upon applicants and guardians, the Office of Public and Professional Guardians shall act in accordance with guidelines and shall impose a penalty within a range corresponding to the violations set forth in form DOEA/OPPG Form 003, Office of Public and Professional Guardians Disciplinary Guidelines (February 2017), incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07914, unless the Office of Public and Professional Guardians finds it necessary to deviate from the guidelines for the stated reasons given in subsection (3), of this rule.

(3) The Office of Public and Professional Guardians shall take into consideration the danger to the public; the number of repetitions of offenses; the length of time since the date(s) of violation; the number of disciplinary actions taken against the guardian; the length of time the guardian has practiced; the actual damage, physical or otherwise, to the ward; the deterrent effect of the penalty imposed; any efforts for rehabilitation; and any other mitigating or aggravating circumstances in determining the appropriate disciplinary action to be imposed.

History

Rulemaking Authority 744.20041 FS. Law Implemented 744.20041 FS. History–New 3-23-17.

Division 58T Training Requiring Provider and Curriculum Approvals

Chapter 58T-1 Training Requiring Provider and Curriculum Approvals

Fla. Admin. Code R. 58T-1.201 Purpose of Assisted Living Facility (ALF) Core Training Provider and Curriculum Approval

History

Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History–New 6-15-09, Repealed 11-29-11.

Fla. Admin. Code R. 58T-1.203 ALF Core Training Provider Qualifications

History

Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History–New 6-15-09, Transferred to 59A-36.027, 7-1-19.

Fla. Admin. Code R. 58T-1.205 ALF Minimum Core Training Curriculum Requirements

History

Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History–New 6-15-09, Transferred to 59A-36.028, 7-1-19.

Fla. Admin. Code R. 58T-1.207 ALF Core Training Provider Initial Registration Process

History

Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History–New 6-15-09, Transferred to 59A-36.029, 7-1-19.

Fla. Admin. Code R. 58T-1.209 Process for Maintaining ALF Core Training Provider Registration

History

Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History–New 6-15-09, Transferred to 59A-36.030, 7-1-19.

Fla. Admin. Code R. 58T-1.211 Registered ALF Core Training Provider Responsibilities

History

Rulemaking Authority 429.52 FS. Law Implemented 429.52 FS. History–New 6-15-09, Transferred to 59A-36.031, 7-1-19.