The Florida Senate

400.497  Rules establishing minimum standards.--The agency shall adopt, publish, and enforce rules to implement this part, including, as applicable, ss. 400.506 and 400.509, which must provide reasonable and fair minimum standards relating to:

(1)  The qualifications, minimum training requirements, and supervision requirements of all home health agency personnel. The agency shall establish the curriculum and instructor qualifications for home health aide training. Licensed home health agencies may provide this training and shall furnish documentation of such training to other licensed home health agencies upon request. The agency shall allow shared staffing if the home health agency is part of a retirement community that provides multiple levels of care, is located on one campus, is licensed under this chapter, and otherwise meets the requirements of law and rule.

(2)  Requirements for prospective employees. A home health agency must require prospective employees and contractors to submit an employment or contractual history, and it must verify the employment or contractual history unless through diligent efforts such verification is not possible. The agency shall prescribe by rule the minimum requirements for establishing that diligent efforts have been made. There is no monetary liability on the part of, and no cause of action for damages arising against, a former employer of a prospective employee of or prospective independent contractor with a licensed home health agency who reasonably and in good faith communicates his or her honest opinions about the former employee's job performance. This subsection does not affect the official immunity of an officer or employee of a public corporation.

(3)  Licensure application and renewal.

(4)  The administration of the home health agency, including requirements for onsite and electronic accessibility of supervisory personnel.

(5)  Procedures for administering drugs and biologicals.

(6)  Procedures for maintaining patients' records.

(7)  Ensuring that home health services are provided in accordance with the treatment orders established for each patient for whom physician orders are required.

(8)  Geographic service areas.

(9)  Standards for contractual arrangements for the provision of home health services by providers not employed by the home health agency to whom the patient has been admitted.

History.--s. 49, ch. 75-233; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; s. 6, ch. 88-219; s. 4, ch. 89-354; s. 6, ch. 90-319; s. 38, ch. 90-347; s. 26, ch. 91-57; s. 31, ch. 91-263; ss. 12, 23, ch. 93-214; s. 786, ch. 95-148; s. 9, ch. 99-332.