Fla. Admin. Code R. 59A-37.001

Current through Reg. 50, No. 235-239, December 10, 2024

Section 59A-37.001 - Definitions

The following terms or phrases are defined in section 429.65, F.S., and are applicable to this rule chapter: activities of daily living (ADLs), adult family-care home (AFCH), agency (AHCA), aging in place, appropriate placement, chemical restraint, department, disabled adult, frail elder, personal services or personal care, provider, relative, relief person, and resident. Additional definitions applicable to this rule chapter are as follows:

(1) "Adult household member" means the provider and any person, 18 years of age or older, who is permanently or regularly present in the home for more than a few hours at a time. A person shall be considered a household member even though the person has another residence if the person is in a position of familial authority or perceived familial authority.

(2) "Advertise" means any written, printed, oral, visual, or electronic promotion, statement of availability, qualifications, services offered, or other similar communication appearing in or on television, radio, the Internet, billboards, newspapers, newsletters, magazines, business cards, flyers, brochures or other medium used for the purpose of attracting potential residents to an adult family-care home. A complimentary listing of the licensed AFCH's name, address, and telephone number in the telephone directory shall not be considered advertising.

(3) "Applicant" means an individual applying for an adult family-care home license.

(4) "Assistance with activities of daily living" means individual assistance with the following:

(a) Ambulating - Providing physical support to enable the resident to move about and maintain balance and providing necessary assistance with walking, stair climbing, or pushing a wheelchair.

(b) Bathing - Assembling towels, soaps, and other necessary supplies, helping the resident in and out of the bathtub or shower, turning water on and off, adjusting water temperatures, washing and drying portions of the resident's body which are difficult to reach, or being available while the resident is bathing.

(c) Dressing - helping the resident to choose, to put on, and to remove appropriate clothing.

(d) Eating - Helping with cutting food, pouring beverages, and hand feeding residents who are unable to feed themselves.

(e) Grooming - Helping the resident with shaving, oral care, care of the hair, and nail care.

(f) Toileting - Reminding the resident about using the toilet, assisting the resident to the bathroom, helping to undress, positioning on the commode, and helping with related personal hygiene, including changing adult briefs.

(5) "Bedridden" means confined to bed because of inability to ambulate or transfer to a wheelchair even with assistance, or to sit safely in a chair or wheelchair without personal assistance or physical restraint.

(6) "Capacity" means the number of residents for which an adult family-care home has been licensed to provide room, board and personal care.

(7) "Case manager" means an individual employed by or under contract with any agency or organization, public or private, who has responsibility for assessing resident needs, planning services, coordinating and assisting residents to gain access to needed medical, mental health, social, housing, educational or other services, and monitoring and evaluating service delivery.

(8) "Deficiency" means an instance of non-compliance with the requirements of chapter 429, part II, F.S., and this rule chapter.

(9) "Health care provider" means a physician or physician's assistant licensed under chapter 458 or 459, F.S., or advanced registered nurse practitioner licensed under chapter 464, F.S.

(10) "Long-Term Care Ombudsman Council" (LTCOC) means the State Long-Term Care Ombudsman Council or the district long-term care ombudsman councils established under chapter 400, part I, F.S.

(11) "Moratorium" means that an AFCH may not admit a new resident from the date the moratorium is imposed by AHCA until the date the moratorium is lifted by AHCA.

(12) "Nurse" means a licensed practical nurse (LPN), registered nurse (RN), or advanced registered nurse practitioner (ARNP) under chapter 464, F.S.

(13) "Nursing progress notes" or "nursing notes" means a written record of nursing services, other than medication administration or the taking of vital signs, provided to each resident who receives such services. The notes shall be completed by the nurse who delivered the service and shall describe the date, type, scope, amount, duration, and outcome of services that are rendered; the general status of the resident's health; any deviations; any contact with the resident's health care provider; and contains the signature and credential initials of the person rendering the service.

(14) "Optional state supplementation (OSS)" means the state program providing monthly payments to eligible residents pursuant to section 409.212, F.S., and rule chapter 65A-2, F.A.C.

(15) "Physical restraint" means a device or item which physically limits, restricts, or deprives an individual of movement or mobility. The term also includes any device which was not specifically manufactured as a restraint but which has been altered, arranged or otherwise used for this purpose or otherwise modified to be used as a physical restraint. The term does not include an item or device which the individual can remove or avoid without assistance.

(16) "Pressure sore" means a breakdown in skin integrity caused by immobility and prolonged pressure. The 4 stages of pressure sores can be identified as follows: stage 1 - a nonblanching macule that may appear red or violet; stage 2 - a skin breakdown as far as the dermis; stage 3 - a skin breakdown into the subcutaneous tissue; stage 4 - penetrate bone, muscle or the joint.

(17) "Reside" or "resides" means the licensee or applicant lives in the AFCH as a primary residence. For purposes of this rule chapter, any two of the following documents, which include the name of the licensee or applicant and the AFCH address, are accepted by the agency as proof that the licensee or applicant physically lives in the AFCH:

(a) Homestead exemption documentation, or

(b) Lease or rental agreement accompanied by a corresponding utility bill and telephone bill, or

(c) Personal identification issued by a state or federal agency.

(18) "Resident's representative" means a guardian, attorney-in-fact, next-of-kin, health care surrogate or proxy, or other responsible party with authority to make decisions on behalf of a resident.

(19) "Staff" means any person employed by or under contract to the provider, who directly or indirectly provides services to residents. Staff does not include persons contracting directly with a resident.

(20) "Twenty-four-hour nursing supervision" means nursing services that are ordered by a physician for a person whose condition requires physician supervision and continued monitoring of vital signs and physical status. Such services must be medically complex enough to require the constant supervision, assessment, planning, or intervention by a nurse; be performed by or under the direct supervision of a nurse; required on a daily basis; and consistent with the nature and severity of the resident's condition or the disease state or stage.

Fla. Admin. Code Ann. R. 59A-37.001

Rulemaking Authority 429.67, 429.73 FS. Law Implemented 429.65, 429.67, 429.71, 429.73 FS.

New 5-14-86, Amended 2-2-95, Formerly 10A-14.002, Amended 9-19-96, 6-6-99, 4-15-10, Formerly 58A-14.002, 7-1-19.