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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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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