Florida Administrative Code

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 and each 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. The survey must be administered within two years of the …

(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 History-New 11-28-16, Repealed 7-12-21.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 have written policies and procedures that explain its implementation of state laws and rules relative to Do Not Resuscitate Orders (DNROs). An assisted living facility may not require execution of a DNRO as a con…

(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…

(1) CURRICULUM REQUIREMENTS. An approved core training provider must conduct core training using the curriculum outlined in AHCA Form 3180-1038, September 2019, which is incorporated by reference in this rule. The curriculum is available from the Agency for Health Care Administra…

(1) REGISTRATION PROCESS. (a) Before core training can be conducted, an applicant must meet the training provider qualifications outlined in Section 429.52(10), F.S., and Rule 59A-36.027, F.A.C. Additionally, an applicant must register with, and obtain from, the Agency a unique p…

(1) MAINTAINING ALF CORE TRAINING PROVIDER REGISTRATION. (a) After receiving the initial core training provider registration, the approved provider must re-register with the Agency every 2 years by submitting documentation of his or her compliance with the continuing education re…

The following are the responsibilities of a registered core training provider: (1) USE OF MINIMUM CORE TRAINING CURRICULUM. A registered core training provider is responsible for the following: (a) Conducting core training using the minimum core training curriculum required by Ru…

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, fra…

(1) LICENSE APPLICATION. (a) An applicant for an adult family care home license may apply for licensure pursuant to the requirements of Chapters 408, Part II, and 429, Part II, F.S., Chapter 59A-35, F.A.C., and this rule chapter. In addition to those requirements, the application…

(1) LICENSE TIMEFRAME. Except for conditional licenses, all AFCH licenses shall be effective for 2 years from the date of issuance. (2) LICENSE CONDITIONS. A license to operate an AFCH is not transferable and is valid only for the provider named, the capacity stated, and the prem…

(1) ADMISSION. In order to be admitted as a resident to an AFCH, an individual must: (a) Be at least 18 years of age. (b) Be free from apparent signs and symptoms of any communicable disease, including tuberculosis which is likely to be transmitted to others as documented in the …

(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 adult family-care home provider shall ensure the provision of the following in accordance with Chapter 429, Part II, F.S., this rule chapter, and the residency agreement: (1) PERSONAL SERVICES. (a) Assistance with or supervision of the activities of daily living as required b…

(1) MINIMUM STAFF REQUIREMENTS. The provider, all staff, each relief person, and all adult household members must submit a statement from a licensed health care provider that he or she is free from apparent signs and symptoms of communicable diseases, including tuberculosis. The …

(1) RESIDENT RECORDS. The AFCH provider shall maintain a separate record for each resident on the premises and available for inspection by the agency. (a) The record shall contain: 1. AHCA Form 3110-1023 (AFCH-1110) 01/08, Resident Health Assessment for Adult Family-Care Homes (A…

(1) GENERAL REQUIREMENTS. (a) The AFCH shall be located, designed, equipped, and maintained to ensure a home-like environment, and to provide safe care and supervision for all residents. Residents shall be allowed free use of all space within the home except when such use interfe…

(1) FIRE SAFETY STANDARDS. (a) Each adult family-care home shall be subject to the requirements of rule Chapter 69A-57, F.A.C., Uniform Fire Safety Standards for Adult Family Care Homes. (b) At the time of license application, prior to license renewal, and prior to an increase in…

(1) GENERAL REQUIREMENTS. (a) The provider shall cooperate with agency personnel during surveys or inspections, complaint investigations, implementation of correction plans, license application and renewal procedures, and other activities necessary to ensure compliance with Chapt…

In addition to definitions contained in Chapter 400, Part IV, F.S., the following terms shall apply: (1) Advertising: The delivery, distribution, publication or display of an item, document, or medium initiated by the hospice that is intended to offer, describe, or advertise hosp…

(1) In addition to the requirement specified in Section 400.602(1)(b), F.S., the face of the license must contain the following information: (a) The name and address of the provider, including the principal office and all satellite offices; (b) All freestanding hospice inpatient …

(1) Licenses issued by the AHCA to operate a hospice shall be based upon the results of a survey conducted by the AHCA to determine compliance with the requirements of Chapter 400, Part IV, F.S., and with these rules. A license shall be issued to any not-for-profit public or priv…