Florida Administrative Code

Rulemaking Authority 400.497, 400.512 FS. Law Implemented 400.497, 400.512 FS. History-New 1-5-95, Amended 1-30-96, Repealed 5-16-12.

Rulemaking Authority 400.497, 400.512 FS. Law Implemented 400.497, 400.512 FS. History-New 1-5-95, Repealed 5-16-12.

Rulemaking Authority 400.497, 400.512 FS. Law Implemented 400.497, 400.512 FS. History-New 1-5-95, Amended 8-29-96, Repealed 5-16-12.

Rulemaking Authority 440.134(2)(a) FS. Law Implemented 440.134 FS. History-New 9-12-94, Repealed 1-18-17.

(1) "Agency" means the Agency for Health Care Administration. (2) "Case files" means a system for managing medical information and return to work information regarding the injured employee, whether in electronic or paper format. (3) "Complaint" means any dissatisfaction expressed…

(1) General Provisions. All insurers offering a managed care arrangement for the provision of health services for the treatment of persons filing workers' compensation claims shall obtain an authorization from the agency in accordance with the following procedures: (a) Applicatio…

(1) Each insurer or delegated entity shall have an ongoing quality assurance program designed to objectively and systematically monitor and evaluate the quality of patient care, based upon the prevailing standards of medical practice in the community. (2) The scope of the quality…

(1) The insurer or delegated entity shall implement a system for managing electronic and paper medical information necessary to promote the prompt delivery of medical services in order to return the injured employee to work as soon as medically feasible. (2) Provider Medical Reco…

(1) Each insurer or delegated entity shall develop and implement a grievance procedure to resolve complaints and written grievances by employees and providers. (2) A detailed description of the employee complaint and grievance procedure shall be provided by the insurer or delegat…

Rulemaking Authority 440.134(2)(a) FS. Law Implemented 440.134(2)(a) FS. History-New 9-12-94, Repealed 9-2-18.

(1) Employee Education. (a) The insurer or delegated entity in conjunction with the employer, shall develop and implement procedures for the education of employees about the managed care process and requirements. The education procedures shall include: 1. Orientation of all exist…

In addition to the definitions set forth in Section 112.0455(5), F.S., as used in this rule chapter the following terms shall mean: (1) "Agency" means the Agency for Health Care Administration. (2) "Aliquot" means a portion of a specimen used for testing. (3) "Approved Proficienc…

(1) Notwithstanding the definition of drug in Section 112.0455(5)(a), F.S., the only hallucinogen to be tested for is phencyclidine (PCP), the only synthetic narcotics to be tested for are methadone and propoxyphene, and there will be no designer drugs tested for until standard t…

(1) Designation of Collection Sites. For urine, blood, oral fluid and hair specimen collection, each laboratory, that has a contract or agreement for testing services with an employer, shall provide collection sites under contract and training for collectors, or shall provide a t…

Laboratories shall be licensed by the agency in accordance with Sections 112.0455, 440.102, and Chapter 408, Part II, F.S., and this rule chapter in order to collect or analyze specimens for an employer's drug testing program. (1) Laboratory Personnel. (a) Qualifications of Direc…

Prior to the transmission of test results to the employer, both positive and negative test results shall be reviewed and verified by a medical review officer (MRO) qualified under subsection 59A-24.008(1), F.A.C. The MRO is permitted to use a language interpreter to assist in com…

In addition to definitions contained in Chapters 400, Part VII, and 408, Part II, F.S., the following terms shall apply to this rule chapter: (1) "AHCA" means Agency for Health Care Administration. (2) "Central Service Center" means the licensed premises that are in charge of tak…

(1) Home medical equipment locations requiring a license are any locations that sell, rent, or distribute, or offer to sell or rent to or for a consumer any home medical equipment that requires services. These locations can be identified as follows: (a) Any location providing or …

(1) Minimum standards: Each home medical equipment provider must: (a) Have a visible sign with the name of the business, business hours, and a phone number where the business can be contacted during business hours. (b) Maintain personnel records that must include the following: e…

The provider must be in compliance with and make available to AHCA surveyors the information referenced in this section. (1) General Manager, as defined in Section 400.925(7), F.S.: (a) Qualifications: A minimum of two years experience in business management or a college degree i…

(1) The survey or inspection: (a) Except as described in paragraphs (b) and (c), each separately licensed home medical equipment provider location must be in compliance with and shall be surveyed in accordance with Chapters 400 Part VII, and 408, Part II, F.S., Chapter 59A-35, F.…

(1) Pursuant to Section 400.934(20)(a), F.S., each home medical equipment provider must prepare and maintain a written comprehensive emergency management plan, that meets the minimum criteria in these rules and the Comprehensive Emergency Management Plan (CEMP) Format for Home Me…

(1) Administrator - The person who is responsible for the overall management of an Intermediate Care Facilities for the Developmentally Disabled (hereinafter referred to as ICF/DD) licensed under this part and certified under 42 CFR 483 Subpart I. The Administrator must meet the …

(1) Application for licensure to operate an Intermediate Care Facility for the Developmentally Disabled (ICF/DD) must be submitted on the Health Care Licensing Application, Intermediate Care Facilities for the Developmentally Disabled, AHCA Form 3110-5003, April 2021 which is inc…

(1) Violations of Chapter 400, Part VIII, and Chapter 408, Part II, F.S., shall be classified according to the nature of the violation and the gravity of its probable effect on clients as required in Section 408.813(2), F.S. Violations shall be classified on the written notice as…

The licensee must ensure compliance with state regulations in Chapters 400, Part VIII, 408, Part II, 409, F.S., and Chapter 59G-4, F.A.C. Rulemaking Authority 400.967 FS. Law Implemented 400.967 FS. History- New 12-21-15.

The licensee must maintain fiscal records as required by Chapter 409, Part III, F.S., Rules 59G-5.020 and 59G-6.040, F.A.C. There must be a system of accounting used to accurately reflect details of the ICF/DD operation, including clients' funds held in trust and other client pro…

(1) The admission of an individual to an ICF/DD must be under the supervision of the administrator of the facility. (2) Individuals shall only be admitted after completion of a written admission agreement. The agreement must be in effect at all times while the individual is a cli…

(1) Each new staff member employed by the facility to provide direct services to clients must have a medical examination at the time of employment and prior to contact with clients. Annually thereafter, staff must submit a physician's statement that, based on test results, the em…

(1) Programs, services, functions and the pattern of staff organization within the facility must be focused upon serving the individual needs of each client and the facility must provide for: (a) Comprehensive diagnosis and evaluation of each client as a basis for planning, progr…

(1) A registered dietician must oversee dietary services and must provide medical nutritional therapy. (2) Menus must be prepared in advance, followed, and made accessible to clients and staff. (3) Menus must be approved by the registered dietitian. (4) Each client must receive f…

(1) Comprehensive dental diagnostic services must be provided to all clients and must include: (a) Periodic, at least annual, oral prophylaxis, by a dentist or dental hygienist; and, (b) At least annually, a complete extra and intra-oral examination utilizing diagnostic aides nec…

Psychologists providing services to the clients of the facility must be licensed pursuant to Sections 490.005 and 490.006, F.S., and have a minimum of one year of experience or training in the field of intellectual or developmental disabilities. Rulemaking Authority 400.967(2) FS…

(1) An ICF/DD must have a Class I Institutional Pharmacy Permit as required by the Department of Health in Section 465.019, F.S. All prescription medications must be compounded and dispensed by a pharmacy registered in Florida. A consultant pharmacist must be responsible for impl…

(1) It is the responsibility of the licensee to ensure that individual unlicensed medication assistants (UMA or UMAs) who will be administering medication to clients meet all requirements of this rule. (2) Unlicensed medication assistants may administer only prescribed, prepackag…

(1) Required medication administration training must include criteria to ensure that competency is demonstrated through validation and revalidation of the qualification of the UMA and all requirements of UMAs specified in this rule chapter. (2) Medication administration training …

(1) The facility must maintain the interior and exterior of buildings accessible to clients and all equipment, furniture, and furnishings in a clean manner and in such condition such that client safety and well-being are not jeopardized. (2) Each licensee must establish written p…

(1) Standards for fire prevention for the facility are those adopted pursuant to Rule 69A-3.012, F.A.C., as required by the Division of State Fire Marshal at Department of Financial Services, and Chapter 69A-38, F.A.C., Uniform Fire Safety Standards for Residential Facilities for…

(1) No construction work, including demolition, shall be started until prior written approval has been provided by the Agency's Office of Plans and Construction. This includes all construction of new facilities and all additions, modifications, alterations, renovations, and refur…

(1) All construction of new facilities or conversions and all additions, modifications, alterations, renovations, and refurbishing to the site, facility, equipment or systems of a facility must be in compliance with all applicable codes and standards. In addition to the standards…

All new facilities and all additions, renovations and alterations of existing facilities must be in compliance with the following physical plant standards: (1) Site requirements. (a) Utilities must be commensurate with the facility's regular operational needs and emergencies. The…

(1) Each licensee must have a written plan with procedures to be followed in the event of an internally or externally caused disaster or emergency event. The initiation, development, and maintenance of this plan must be the responsibility of the facility administrator, and must b…

As used in this rule chapter, the term: (1) "Temporary employment" means employment whereby a pool hires its own employees or independent contractors and assigns them to health care facilities to support or supplement the facilities' work force in special work situations such as …

(1) All health care services pools must register with AHCA using the Health Care Licensing Application, Health Care Services Pool, AHCA form 3110-1010, July 2014, https://www.flrules.org/gateway/reference.asp?No=Ref-04487, incorporated herein by reference, before providing health…

Rulemaking Authority 400.980 FS. Law Implemented 400.980 FS. History-New 8-2-90, Amended 8-12-91, Formerly 7G-1.011, 61E6-1.011, 64B22-1.003, Amended 6-27-02, Repealed 5-14-12.

(1) Any person or entity operating a health care services pool without a registration, with an expired registration, or with a revoked registration, shall immediately cease operations until a proper registration can be acquired. Failure to cease operations after agency notificati…

Health care services pools shall meet the following minimum standards of operation: (1) Each pool, at the time of initial registration and at each registration renewal, shall identify a managing employee who will be responsible for the day-to-day supervision and administration of…

(1) Each health care services pool shall maintain the following business records and shall make these records available for inspection by the department upon request: (a) Copies of corporate articles of incorporation and bylaws, if applicable; (b) Records documenting the work per…

Proof of financial responsibility must be demonstrated through one of the following methods in the following coverage amounts: (1) Establishing and maintaining an escrow account consisting of cash or assets eligible for deposit in accordance with Section 625.52, F.S. The cash or …

Rulemaking Authority 440.13(3)(a), 440.591 FS. Law Implemented 440.13(3), (13) FS. History-New 3-14-95, Formerly 38F-53.001, Transferred to 69L-29.001.