House Bill 4035

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    Florida House of Representatives - 1998                HB 4035

        By Representative Roberts-Burke






  1                      A bill to be entitled

  2         An act relating to adult family-care homes;

  3         amending ss. 400.617, 400.618, 400.619,

  4         400.621, 400.6211, 400.622, and 400.625, F.S.;

  5         revising legislative intent and purpose;

  6         revising definitions; requiring adult

  7         family-care home providers to meet certain

  8         screening requirements; revising requirements

  9         for rules relating to appropriate placement of

10         residents; providing certain limitations on

11         rules; deleting authority for rules relating to

12         supervision of residents; conforming

13         terminology and updating obsolete references to

14         the former Department of Health and

15         Rehabilitative Services; amending s. 419.001,

16         F.S.; correcting a cross reference; providing

17         an effective date.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Subsections (1), (2), and (3) of section

22  400.617, Florida Statutes, are amended to read:

23         400.617  Legislative intent; purpose.--

24         (1)  The Legislature encourages the provision of care

25  for disabled adults and frail elders aged persons in

26  family-type living arrangements in private homes.

27         (2)  Adult family-care homes provide housing and

28  personal care for disabled adults and frail elders who choose

29  to live with an individual or family in a private home. The

30  purpose of ss. 400.616-400.629 is to provide for the health,

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  1  safety, and welfare of residents of adult family-care homes in

  2  the state.

  3         (3)  The Legislature recognizes that adult family-care

  4  homes are an important part of the continuum of long-term

  5  care. The personal care services available in these homes,

  6  which may be provided directly or through contract or

  7  agreement, is are intended to help residents remain as

  8  independent as possible in order to delay or avoid placement

  9  in a nursing home or other institution. Regulations governing

10  adult family-care homes must be sufficiently flexible to allow

11  residents to age in place if resources are available to meet

12  their needs and accommodate their preferences.

13         Section 2.  Section 400.618, Florida Statutes, is

14  amended to read:

15         400.618  Definitions.--As used in ss. 400.616-400.629,

16  the term:

17         (1)  "Activities of daily living" means functions and

18  tasks for self-care, including eating, bathing, grooming,

19  dressing, ambulating, and other similar tasks.

20         (2)  "Adult family-care home" means a full-time,

21  family-type living arrangement, in a private home, under which

22  a person or persons provide, for profit or not for profit,

23  room, board, and personal care one or more personal services,

24  as appropriate for the level of functional impairment, for no

25  more than five aged persons or disabled adults or frail elders

26  who are not relatives. The following establishments are not

27  adult family-care homes:

28         (a)  An establishment that provides personal care for

29  two services for three or fewer adults who do not receive

30  optional state supplementation under s. 409.212, but that does

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  1  not hold itself out to the public to be an establishment that

  2  regularly provides such services.

  3         (b)  An establishment in which a person or persons

  4  provide personal care services only to their relatives.

  5         (c)  An establishment that is licensed as an assisted

  6  living facility.

  7         (3)  "Aged person" means any person age 60 or over who

  8  is currently a resident of the state and who, because of a

  9  functional impairment, requires one or more personal services

10  but does not require 24-hour skilled nursing home or

11  institutional care.

12         (3)(4)  "Agency" means the Agency for Health Care

13  Administration.

14         (4)(5)  "Aging in place" means remaining in a

15  noninstitutional living environment despite the physical or

16  mental changes that may occur in a person who is aging.  For

17  aging in place to occur, needed services are added, increased,

18  or adjusted to compensate for a person's physical or mental

19  changes.

20         (5)  "Appropriate placement" means that the resident's

21  needs can be met by the adult family-care home or can be met

22  by services arranged by the adult family-care home or the

23  resident.

24         (6)  "Chemical restraint" means a pharmacologic drug

25  that physically limits, restricts, or deprives an individual

26  of movement or mobility, and is used for discipline or

27  convenience and not required for the treatment of medical

28  symptoms.

29         (7)  "Department" means the Department of Elderly

30  Affairs.

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  1         (8)  "Disabled adult" means any person between 18 and

  2  59 years of age, inclusive, who is a resident of the state and

  3  who has one or more permanent physical or mental limitations

  4  that restrict the person's ability to perform the normal

  5  activities of daily living.

  6         (9)  "Frail elder" means a functionally impaired

  7  elderly person who is 60 years of age or older and who has

  8  physical or mental limitations that restrict the person's

  9  ability to perform the normal activities of daily living and

10  that impede the person's capacity to live independently

11  without the provision of core services.

12         (10)(9)  "Personal care" includes, but is services"

13  include, but are not limited to, individual assistance with or

14  supervision of activities of daily living; supervision of

15  self-administered medication; assistance with prescribed

16  medications; and other similar services that the department

17  does not exclude defines by rule.

18         (11)(10)  "Provider" means a person who is licensed to

19  operate an adult family-care home.

20         (12)(11)  "Relative" means an individual who is the

21  father, mother, son, daughter, brother, sister, uncle, aunt,

22  first cousin, nephew, niece, husband, wife, father-in-law,

23  mother-in-law, son-in-law, daughter-in-law, brother-in-law,

24  sister-in-law, stepfather, stepmother, stepson, stepdaughter,

25  stepbrother, stepsister, half brother, or half sister of a

26  provider.

27         Section 3.  Subsections (1), (4), (5), (8), and (9) of

28  section 400.619, Florida Statutes, are amended to read:

29         400.619  Licensure requirements.--

30         (1)  Each person who intends to be a provider of an

31  adult family-care home must obtain a license from the agency

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  1  before caring for a disabled adult or frail elder an aged

  2  person in the adult family-care home.  Such application must

  3  be made at least 90 days before the applicant intends to

  4  operate the adult family-care home.

  5         (4)  Upon receipt of a license application and the fee,

  6  the agency must check with the central abuse registry and the

  7  Department of Law Enforcement concerning the adult family-care

  8  home applicant, all adult household members, and all staff

  9  members. The agency shall also conduct an onsite visit to the

10  home that is to be licensed. The provider of an adult

11  family-care home must meet the requirements for level 1

12  screening under s. 435.03.

13         (5)  Access to a licensed adult family-care home must

14  be provided at reasonable times for the appropriate officials

15  of the department, the Department of Children and Family

16  Health and Rehabilitative Services, the agency, and the State

17  Fire Marshal, who are responsible for the development and

18  maintenance of fire, health, sanitary, and safety standards,

19  to inspect the facility to assure compliance with these

20  standards.  In addition, access to a licensed adult

21  family-care home must be provided at reasonable times for the

22  long-term care ombudsman council.

23         (8)  The licensed maximum capacity of each adult

24  family-care home is based on the service needs of the

25  residents and the capability of the provider to meet the needs

26  of the residents. Any relative who lives in the adult

27  family-care home and who is an aged person or a disabled adult

28  or frail elder must be included in that limitation.

29         (9)  Each adult family-care home must designate at

30  least one licensed space for a resident receiving optional

31  state supplementation as defined in s. 409.212.  The

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  1  Department of Children and Family Health and Rehabilitative

  2  Services shall specify by rule the procedures to be followed

  3  for referring residents who receive optional state

  4  supplementation to adult family-care homes.  Those homes

  5  licensed as adult foster homes or assisted living facilities

  6  prior to January 1, 1994, that convert to adult family-care

  7  homes, are exempt from the requirement of designating one

  8  space for a resident receiving optional state supplementation.

  9         Section 4.  Section 400.621, Florida Statutes, is

10  amended to read:

11         400.621  Rules and standards relating to adult

12  family-care homes.--

13         (1)  The department shall, in consultation with the

14  Department of Children and Family Health and Rehabilitative

15  Services and the agency, by rule, establish minimum standards

16  and licensure procedures for adult family-care homes.  The

17  rules must, at a minimum:

18         (a)  Provide for the health, safety, and well-being of

19  each resident in the adult family-care home.

20         (b)  Provide procedures for annual license renewal,

21  prevention of abuse, proper management of each resident's

22  property and personal affairs, inspections, and records and

23  reports.

24         (c)  Promote the growth of adult family-care homes as a

25  component of a long-term care system.

26         (d)  Promote the goal of aging in place.

27         (e)  Mandate compliance with chapter 419.

28         (f)  Assure the appropriate placement of residents in

29  adult family-care homes. that an adult family-care home is the

30  appropriate living arrangement for each resident.  A resident

31  who requires 24-hour nursing supervision may not be retained

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  1  in an adult family-care home.  A person who would not be an

  2  appropriate resident in any assisted living facility under s.

  3  400.426 would not be an appropriate resident in an adult

  4  family-care home.

  5         (g)  Assure the least possible disruption of residents'

  6  lives when an adult family-care home is closed.

  7         (h)  Provide procedures to protect the residents'

  8  rights as provided in s. 400.628.

  9         (2)  The department and agency rules that implement

10  regulatory requirements for adult family-care homes shall be

11  as minimal and flexible as possible, to ensure the protection

12  of residents while minimizing obstacles that could inhibit the

13  establishment of adult family-care homes.

14         (3)(2)  Minimum firesafety standards shall be

15  established and enforced by the State Fire Marshal in

16  cooperation with the department and the agency.  Such

17  standards must be included in the rules adopted by the

18  department after consultation with the State Fire Marshal and

19  the agency.

20         (3)  The department shall by rule establish standards

21  for the adequate supervision of adult family-care residents.

22         (4)  The provider of any adult family-care home that is

23  in operation at the time any rules are adopted or amended

24  under ss. 400.616-400.629 may be given a reasonable time, not

25  exceeding 6 months, within which to comply with those new or

26  revised rules and standards.

27         Section 5.  Paragraph (c) of subsection (2) and

28  subsection (4) of section 400.6211, Florida Statutes, are

29  amended to read:

30         400.6211  Training and education programs.--

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  1         (2)  Training and education programs must include, but

  2  are not limited to, information relating to:

  3         (c)  Identifying and meeting the special needs of aged

  4  persons and disabled adults and frail elders.

  5         (4)  If the Department of Children and Family Health

  6  and Rehabilitative Services, the agency, or the department

  7  determines that there are problems in an adult family-care

  8  home which could be reduced through specific training or

  9  education beyond that required under this section, the

10  department may require the provider or staff to complete such

11  training or education.

12         Section 6.  Section 400.622, Florida Statutes, is

13  amended to read:

14         400.622  Injunctive proceedings.--

15         (1)  The department, the Department of Children and

16  Family Health and Rehabilitative Services, or the agency may

17  institute injunctive proceedings in a court of competent

18  jurisdiction to:

19         (a)  Enforce the provisions of ss. 400.616-400.629 or

20  any license requirement, minimum standard, rule, or order

21  issued or entered into under ss. 400.616-400.629; or

22         (b)  Terminate the operation of an adult family-care

23  home when violations of any license requirement, standard, or

24  rule adopted under ss. 400.616-400.629 exist which materially

25  affect the health, safety, or welfare of residents.

26         (2)  Such injunctive relief may be temporary or

27  permanent.

28         Section 7.  Subsection (2) of section 400.625, Florida

29  Statutes, is amended to read:

30         400.625  Residency agreements.--

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  1         (2)  Each residency agreement must specify the personal

  2  care services and accommodations to be provided by the adult

  3  family-care home, the rates or charges, a requirement of at

  4  least 30 days' notice before a rate increase, and any other

  5  provisions required by rule of the department.

  6         Section 8.  Paragraph (d) of subsection (1) of section

  7  419.001, Florida Statutes, is amended to read:

  8         419.001  Site selection of community residential

  9  homes.--

10         (1)  For the purposes of this section, the following

11  definitions shall apply:

12         (d)  "Resident" means any of the following:  a frail

13  elder an aged person as defined in s. 400.618(9) (3); a

14  physically disabled or handicapped person as defined in s.

15  760.22(7)(a); a developmentally disabled person as defined in

16  s. 393.063(11); a nondangerous mentally ill person as defined

17  in s. 394.455(18) (16); or a child as defined in s. 39.01(12)

18  and (14).

19         Section 9.  This act shall take effect on October 1 of

20  the year in which enacted.

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22            *****************************************

23                          HOUSE SUMMARY

24
      Revises legislative intent and purpose, definitions, and
25    other provisions of the "Adult Family-Care Home Act" to
      update and conform terminology and obsolete references.
26    Requires providers of adult family-care homes to meet the
      requirements for level 1 background screening under ch.
27    435, F.S. (Employment Screening). Revises requirements
      for rules of the Department of Elderly Affairs relating
28    to appropriate placement of residents in such homes.
      Requires that rules of the department and the Agency for
29    Health Care Administration regulating such homes be as
      minimal and flexible as possible, to protect residents
30    and minimize obstacles to the establishment of adult
      family-care homes. Deletes authority of the department to
31    adopt rules establishing standards for the supervision of
      residents.
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