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Document Citation: 58A-6.011, F.A.C.
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Header:
FLORIDA ADMINISTRATIVE CODE
TITLE 58 DEPARTMENT OF ELDER AFFAIRS
58A FEDERAL AGING PROGRAMS
CHAPTER 58A-6 ADULT DAY CARE
Date:
08/31/2009
Document:
58A-6.011 Participant and Program Data, Emergency Management Plan.
(1) The owner or operator shall establish, maintain and make available and ready for immediate use to the AHCA, complete and accurate social, medical and fiscal records which fully disclose the extent of services to be maintained by the center and for the periods of time required by State and Federal law.
(2) The Participant File shall include a Participant Data Sheet which shall be completed for each participant within forty-five days prior to or twenty-four hours after admission to the center and which shall include:
(a) Full name, birthday, address;
(b) Date admitted as a participant and services to be provided;
(c) Social security number;
(d) Next of kin, address and phone number;
(e) Guardian or responsible person and address and phone number. Responsible Person shall mean any person who has assumed the responsibility to manage the affairs and protect the rights of any participant of the center. The responsible person is not a legal entity, but may be a caregiver or friend and shall in no case be affiliated with the facility, its operations, or its personnel, unless so ordered by the court;
(f) Medicaid and Medicare identification and other health insurance numbers;
(g) Emergency contact person, home or office address and phone numbers;
(h) Name and telephone number of attending physician to be contacted when there appears to be significant deviation from normal appearance or state of well-being of a participant; and physician's or hospital discharge statement no older than forty-five days indicating prescribed medications and dosage and updated as changes are made by physicians or, until a statement is received, a dated and signed statement by the participant or guardian or responsible person stating that specific medication may be given as ordered by the attending physician; notation of physical and emotional conditions requiring care and of medications administered; diet and mobility restrictions; and a statement that the participant is free from tuberculosis in a communicable form;
(i) The Participant File shall be updated when there is a significant change in the participant, or at least quarterly;
(j) The owner or operator or staff designated by the owner or operator shall review and approve each participant care plan.
(3) The operator shall be responsible for the recording, reporting and availability of participant data or those records required for each center participant and program data or those records required for services made available to and provided to participants by the adult day care center which shall include:
(a) Number of participants enrolled to current date;
(b) Average daily attendance as defined in this rule chapter, based upon attendance through the end of the preceding month;
(c) Hours of travel time current through the previous month, if the transportation, as defined in this rule chapter, is provided or arranged by the center. Hours of daily attendance shall exclude transportation time to and from the center;
(d) Business hours of operation shall be posted in a conspicuous place. Business hours shall mean a time period established by the center, as defined in its policies, and shall be no less than five hours per day on week days of center operation and may include a reduced schedule of weekend hours.
(4) Documentation shall be made of services, medication and special diets provided or administered and shall be kept current in the participant's record. Documentation shall mean a written, signed and dated notation or statement.
(5) A record shall be kept of staff assignments.
(6) If the center accepts fee-for-service participants, there shall be a signed agreement documenting the amount of fee, hours and days of attendance, services to be provided, and frequency of payment. This agreement shall be signed by the center owner or operator, the participant or responsible person, recorded in the participant's record and current through the last payment period.
(7) A written record shall be kept of major incidents affecting participants, employees, volunteers or the program of the center.
(8) Major incidents, as defined in this rule chapter shall be reported to the AHCA immediately. Reports shall be made by the individual having first-hand knowledge of the incident and performing functions and responsibilities as an authorized agency and may include paid, emergency and temporary staff, volunteers and student interns.
(9) In case of emergency, such as acute illness, if family or responsible person cannot be reached, a signed release shall be on file stating that the participant may be sent to the nearest hospital emergency room for treatment.
(10) Pursuant to Section 429.929(1)(g), F.S., as a part of the licensure process, each center shall develop and follow a written Comprehensive Emergency Management Plan for emergency care during an internal or external disaster in accordance with Emergency Management Planning Criteria for Adult Day Care Facilities, dated July 2001, incorporated by reference.
(a) The Emergency Management Plan shall include the following:
1. Provisions for both internal and external disasters and emergencies which could include hurricanes, tornadoes, fires, power outages, floods, bomb threats, acts of terrorism, bio-terrorism, hazardous materials and nuclear disasters.
2. Provisions for care and services to participants during the emergency including pre-disaster or preparation, notification of family members or responsible parties, securing the center, supplies, staffing and emergency equipment.
3. Provisions for care and services to participants who must remain in the center and who must evacuate during the emergency including emergency evacuation transportation.
4. Identification of staff position responsible for implementing each aspect of the plan.
5. Identification of and coordination with designated agencies including Red Cross and the county emergency management office.
6. Post-disaster activities including responding to family inquiries, obtaining necessary emergency medical attention or intervention for participants, transportation and re-entry to the center.
(b) The plan shall be available for immediate access by center staff.
(c) The initial Plan shall be reviewed by the local Emergency Management Agency to ensure compliance with the Emergency Management Planning Criteria for Adult Day Care Facilities, dated July 2001.
(d) The county emergency management agency has 60 days in which to review and determine if the plan satisfies the Emergency Management Planning Criteria or advise the center of necessary revisions. Any revisions must be made and resubmitted to the county emergency management agency within 30 days of receiving notification from the county agency the plan must be revised.
(e) The center shall review and update its Plan on an annual basis. The Plan shall be submitted annually, or more often if needed, to the local Emergency Management Agency.
(11) Fire safety protection shall be governed by the local fire code applicable to day care centers. In areas where no local fire code applies, the standards contained in Chapter 4A-40, F.A.C., Uniform Fire Safety Standards for Assisted Living Facilities, may be used to determine compliance with fire safety standards. In every instance, a center shall comply with local and state standards before a license may be issued.
(a) A fire evacuation drill shall be conducted once a month for the center staff and once every three months for participants;
(b) A written record of each fire drill, indicating the date, hour and general description of each drill, the extent of staff involvement, and the name of the person in charge shall be maintained and available for review;
(c) Evacuation routes shall be posted conspicuously in the center.
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