Fla. Admin. Code R. 59A-37.005

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

Section 59A-37.005 - Residency Agreement

(1) Pursuant to section 429.81, F.S., before or at the time of admission to an AFCH, the provider and the resident or the resident's representative must sign a residency agreement, a copy of which must be given to the provider and kept on file for 5 years after the expiration of the agreement, and a copy of which must be provided to the resident or resident's representative.

(2) The residency agreement must include the following:

(a) A list specifically setting forth the services and accommodations to be provided by the adult family-care home.

(b) The daily, weekly or monthly rates and charges and a statement that the provider will provide at least 30 days' notice before implementing a rate increase.

(c) A bed hold policy for residents who request the provider to reserve a bed for the resident if the resident's health requires the resident to be admitted to a nursing home or hospital. The bed hold policy shall permit the provider to continue to charge the agreed upon daily rate until the provider receives notification in writing from the resident or the resident's representative that the resident will not be returning to the home. However, the provider may not continue to charge the agreed upon daily rate if the resident's physical or mental condition prevents the resident from giving notification and the resident does not have a representative to act on the resident's behalf.

(d) The AFCH's discharge policy.

(e) A refund policy to apply when a resident is discharged or dies. The refund policy shall state that:

1. The resident or resident's representative is entitled to a prorated refund for any unused portion of payment beyond the discharge or termination date. The refund will be less the cost of documented damages to the AFCH caused by the resident before the discharge or termination date that results from circumstances other than normal use. Claims against the refund must be in writing and must include a list of all documented damages and costs.

2. The refund must occur within 45 days of receipt of a written notice of discharge, or 15 days after the resident has moved or dies, whichever occurs later.

(f) A statement regarding the level of supervision to be provided.

(3) An addendum shall be added to the residency agreement to reflect any additional services and charges not covered by the original agreement. Such addendum must be dated and signed by the provider and the resident or resident's representative and a copy given to the provider and the resident or the resident's representative.

Fla. Admin. Code Ann. R. 59A-37.005

Rulemaking Authority 429.81 FS. Law Implemented 429.81, 429.85 FS.

New 6-6-99, Amended 4-29-08, Formerly 58A-14.0062, 7-1-19.