Florida Administrative Code

(1) A licensed health care clinic may not operate or be maintained without the day-to-day supervision of a single medical or clinic director as defined in section 400.9905(5), F.S. The health care clinic responsibilities under sections 400.9935(1)(a)-(i), F.S., cannot be met with…

When evidence of financial instability of a health care clinic is substantiated, the Agency will notify the health care clinic in writing that satisfactory proof of financial ability to comply with chapter 400, part X, F.S., must be provided. (1) Evidence of financial instability…

Rulemaking Authority 400.9925 FS. Law Implemented 400.991, 400.993, 400.994, 400.995 FS. History-New 8-28-06, Repealed 5-16-12.

Rulemaking Authority 400.9925 FS. Law Implemented 400.9905(3), 400.9935(11)(a), (g) FS. History-New 8-28-06, Repealed 5-16-12.

(1) An applicant for health care clinic licensure must demonstrate compliance with the requirements in chapter 400, part X, Florida Statutes (F.S.), chapter 408, part II, F.S., chapters 59A-35 and 59A-33, Florida Administrative Code (F.A.C.) during an inspection as required in se…

A medical or clinic director may not serve in that capacity for more than a maximum of five health care clinics with a cumulative total of more than 200 employees and persons under contract with the health care clinic at any given time. A medical or clinic director may not superv…

Rulemaking Authority 408.819 FS. Law Implemented 408.802 FS. History-New 7-14-10, Repealed 1-4-16.

(1) "Address of record" means the location that is printed on the license and is the address at which the provider is licensed to operate. In the event a license displays multiple locations including branch offices, satellite offices, or off-site locations, the address of record …

(1) A license is valid only for the licensee, provider, and location for which the license is issued as it appears on the license. (2) Any request to amend a license must be received by the Agency in advance of the requested effective date as detailed below. Requests to amend a l…

(1) Licensure fees, as defined by authorizing statute or rule, are non-refundable once submitted to the Agency. An applicant may submit a request for refund if monies in excess of required fees are submitted to the Agency. Such requests must be made using State of Florida Departm…

(1) Applicants must apply for licensure or exemption using the program specific forms incorporated below and the Health Care Licensing Application Addendum, AHCA Form 3110-1024, August 2023, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16384. All forms are inc…

(1) Proof of financial ability to operate must be demonstrated for initial licensure and change of ownership applications, by submitting AHCA Form 3100-0009, July 2009, Proof of Financial Ability to Operate, incorporated herein by reference, and available online at: http://ahca.m…

(1) Effective dates of change of ownership. (a) A change of ownership application must include the effective date of the change of ownership. (b) The change of ownership effective date cannot be prior to the date the application is received by the Agency. Failure to submit an app…

(1) Provisional License. If a license expires while an action to deny or revoke the license is pending and renewal applications are filed, the Agency may issue a provisional license. The provisional license shall identify the pending action. The provisional license will expire wh…

(1) Definitions: (a) "Arrest Report" means the detailed narrative written by the arresting law enforcement officer explaining the circumstances of the arrest. (b) "Disposition" means the sentencing or other final settlement of a criminal case which shall include, regardless of ad…

Provider location. A licensee must maintain proper authority for operation of the provider at the address of record. If such authority is denied, revoked or otherwise terminated by the local zoning or code enforcement authority, the Agency may deny or revoke an application or lic…

(1) During the two year licensure period, any change or expiration of any information that is required to be reported under Chapter 408, Part II, F.S., or authorizing statutes for the provider type as specified in Section 408.803(3), F.S., during the license application process m…

(1) Each hospital, nursing home and ambulatory surgical center (ASC) must conduct or contract to conduct the Agency for Health Care Administration's (Agency) Patient Safety Culture Survey (PSCS) pursuant to Section 395.1012(4), F.S. and Section 400.141 (F.S.). The initial submiss…

(1) When regulatory violations are identified by the Agency: (a) Deficiencies must be corrected within 30 days of the date the Agency sends the deficiency notice to the provider, unless an alternative timeframe is required or approved by the Agency. (b) The Agency may conduct an …

(1) Definitions: (a) "Common area" refers to areas in a health care setting where patients are not treated, diagnosed, or examined. (b) "Employee" refers to any person under employment or contract of a health care setting, including health care practitioners, administrative staff…

In addition to other remedies permitted by law, violation of a moratorium issued by the Agency is considered a Class I violation and subject to a fine of $500 per day until the violation is corrected. Rulemaking Authority 408.819 FS. Law Implemented 408.813, 408.814 FS. History-N…

Rulemaking Authority 429.28(3)(a) FS. Law Implemented 429.28 FS. History-New 11-28-16, Repealed 7-12-21.

In addition to the terms defined in Section 429.02, F.S., the following definitions are applicable in this rule chapter: (1) "Advertise" means any written, printed, oral, visual, or electronic promotion, statement of availability, qualifications, services offered, or other simila…

(1) LICENSE APPLICATION. An applicant for a standard assisted living facility license, a limited mental health license, an extended congregate care license, or a limited nursing services license may apply for licensure pursuant to the requirements of Chapters 408, Part II, 429, P…

(1) SERVICE PROHIBITION. An assisted living facility may not represent that it provides any service other than a service for which it is licensed to provide. (2) CHANGE IN USE OF SPACE REQUIRING AGENCY CENTRAL OFFICE APPROVAL. A change in the use of space that increases or decrea…

(1) County health departments are responsible for inspecting all license applicants and licensed facilities in matters regulated by: (a) Rule 64E-12.004, F.A.C., and rule Chapter 64E-11, F.A.C., relating to food hygiene. (b) Chapter 64E-12, F.A.C., relating to sanitary practices …

(1) ADMISSION CRITERIA. (a) An individual must meet the following minimum criteria in order to be admitted to a facility holding a standard, limited nursing services, or limited mental health license: 1. Be at least 18 years of age. 2. Be free from signs and symptoms of any commu…

An assisted living facility must provide care and services appropriate to the needs of residents accepted for admission to the facility. (1) SUPERVISION. Facilities must offer personal supervision as appropriate for each resident, including the following: (a) Monitoring of the qu…

Pursuant to Sections 429.255 and 429.256, F.S., and this rule, licensed facilities may assist with the self-administration or administration of medications to residents in a facility. A resident may not be compelled to take medications but may be counseled in accordance with this…

(1) POLICIES AND PROCEDURES. (a) Each assisted living facility must establish written policies and procedures regarding a resident's rights concerning advance directives and Do Not Resuscitate Orders (DNROs). An assisted living facility may not require execution of a DNRO as a co…

(1) ADMINISTRATORS. Every facility must be under the supervision of an administrator who is responsible for the operation and maintenance of the facility including the management of all staff and the provision of appropriate care to all residents as required by Chapters 408, Part…

(1) ASSISTED LIVING FACILITY CORE TRAINING REQUIREMENTS AND COMPETENCY TEST. (a) The assisted living facility core training requirements established by the department pursuant to Section 429.52, F.S., shall consist of a minimum of 26 hours of training plus a competency test. (b) …

(1) GENERAL RESPONSIBILITIES. When food service is provided by the facility, the administrator, or an individual designated in writing by the administrator, must be responsible for total food services and the day-to-day supervision of food services staff. In addition, the followi…

(1) FINANCIAL STABILITY. The facility must be administered on a sound financial basis in order to ensure adequate resources to meet resident needs pursuant to the requirements of Chapter 408, Part II, Part I, F.S., and rule Chapter 59A-35, F.A.C., and this rule chapter. (2) RESID…

(1) NEW FACILITIES. Newly constructed facilities to be licensed as assisted living facilities, and existing structures, not previously licensed as assisted living facilities, to be converted to assisted living facilities, as well as any subsequent additions, modifications, altera…

The facility must maintain required records in a manner that makes such records readily available at the licensee's physical address for review by a legally authorized entity. If records are maintained in an electronic format, facility staff must be readily available to access th…

Rulemaking Authority 429.23 FS. Law Implemented 429.23 FS. History-New 1-9-02, Amended 7-30-06, 4-17-14, Formerly 58A-5.0241, 7-1-19, Repealed 7-12-21.

Rulemaking Authority 429.23 FS. Law Implemented 429.23 FS. History-New 1-9-02, Amended 3-13-14, Formerly 58A-5.0242, 7-1-19, Repealed 7-12-21.

(1) Pursuant to Section 429.24, F.S., the facility must offer a contract for execution by the resident or the resident's legal representative before or at the time of admission. The contract must contain the following provisions: (a) A list of the specific services, supplies and …

(1) EMERGENCY PLAN COMPONENTS. Pursuant to Section 429.41, F.S., each facility must prepare a written comprehensive emergency management plan using "Minimum Emergency Management Planning Criteria for Assisted Living Facilities," AHCA Form 3180-5006, September 2023, incorporated b…

(1) LICENSE APPLICATION. (a) Any facility intending to admit one or more mental health residents must obtain a limited mental health license from the agency before accepting the mental health resident. (b) Facilities applying for a limited mental health license that have uncorrec…

(1) LICENSING. (a) Any facility intending to establish extended congregate care services must obtain a license from the agency before accepting residents needing extended congregate care services. (b) Only the portion of a facility that meets the physical requirements for extende…

Any facility intending to provide limited nursing services must obtain a license from the agency. (1) NURSING SERVICES. In addition to any nursing service permitted under a standard license pursuant to Section 429.255, F.S., a facility with a limited nursing services license may …

Facility staff must cooperate with agency personnel during surveys, complaint investigations, monitoring visits, license application and renewal procedures and other activities necessary to ensure compliance with Part II, Chapter 408, F.S., Part I, Chapter 429, F.S., rule Chapter…

The agency, in consultation with the department, may waive rules promulgated pursuant to Part I, Chapter 429, F.S., if the waiver request meets the conditions set forth in Section 429.41(4), F.S., and demonstrates and evaluates innovative or cost-effective congregate care alterna…

(1) DETAILED EMERGENCY ENVIRONMENTAL CONTROL PLAN. Each assisted living facility shall prepare a detailed plan ("plan") to serve as a supplement to its Comprehensive Emergency Management Plan, to address emergency environmental control in the event of the loss of primary electric…

(1) PRIMARY REQUIREMENTS. In order to register as an assisted living facility core training provider (hereafter referred to as "core training provider," "training provider," or "provider"), all applicants must meet the requirements outlined in Section 429.52(10), F.S. The require…