Florida Senate - 2012                              CS for SB 694
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Fasano, Haridopolos, Norman, Sachs, Gaetz, Bullard, and
       Garcia
       
       
       586-01854-12                                           2012694c1
    1                        A bill to be entitled                      
    2         An act relating to adult day care centers; amending s.
    3         429.917, F.S.; prohibiting an adult day care center
    4         from claiming to be licensed to provide specialized
    5         Alzheimer’s services under certain circumstances;
    6         creating s. 429.918, F.S.; providing a short title;
    7         providing definitions; providing for the voluntary
    8         licensure of adult day care centers that provide
    9         specialized Alzheimer’s services; requiring an adult
   10         day care center seeking such licensure to meet
   11         specified criteria; providing educational and
   12         experience requirements for the operator of an adult
   13         day care center seeking licensure to provide
   14         specialized Alzheimer’s services; providing criteria
   15         for staff training and supervision; requiring that the
   16         Department of Elderly Affairs approve the staff
   17         training; requiring the department to adopt rules;
   18         requiring that the employee be issued a certificate
   19         upon completion of the staff training; providing
   20         requirements for staff orientation; providing
   21         requirements for admission into such an adult day care
   22         center; requiring that a participant’s file include a
   23         data sheet, which shall be completed within a certain
   24         timeframe; requiring that certain information be
   25         included in the data sheet; requiring that dementia
   26         specific services be documented in a participant’s
   27         file; requiring that a participant’s plan of care be
   28         reviewed quarterly; requiring that certain notes be
   29         entered into a participant’s file; requiring the
   30         participant to provide the adult day care center with
   31         updated medical documentation; requiring the center to
   32         give each person who enrolls as a participant, or the
   33         caregiver, a copy of the participant’s plan of care
   34         and safety information; requiring that the center
   35         coordinate and execute discharge procedures with a
   36         participant who has a documented diagnosis of
   37         Alzheimer’s disease or a dementia-related disorder and
   38         the caregiver if the participant’s enrollment in the
   39         center is involuntarily terminated; providing that the
   40         act does not prohibit an adult day care center that
   41         does not become licensed to provide specialized
   42         Alzheimer’s services from providing adult day care
   43         services to persons who have Alzheimer’s disease or
   44         other dementia-related disorders; authorizing the
   45         Department of Elderly Affairs to adopt rules;
   46         providing an effective date.
   47  
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Subsection (2) of section 429.917, Florida
   51  Statutes, is amended to read:
   52         429.917 Patients with Alzheimer’s disease or other related
   53  disorders; staff training requirements; certain disclosures.—
   54         (2) A center licensed under this part which claims that it
   55  provides special care for persons who have Alzheimer’s disease
   56  or other related disorders must disclose in its advertisements
   57  or in a separate document those services that distinguish the
   58  care as being especially applicable to, or suitable for, such
   59  persons. The center must give a copy of all such advertisements
   60  or a copy of the document to each person who requests
   61  information about the center and must maintain a copy of all
   62  such advertisements and documents in its records. The agency
   63  shall examine all such advertisements and documents in the
   64  center’s records as part of the license renewal procedure. An
   65  adult day care center may not claim to be licensed to provide
   66  specialized Alzheimer’s services unless it has been licensed
   67  pursuant to s. 429.918.
   68         Section 2. Section 429.918, Florida Statutes, is created to
   69  read:
   70         429.918Certification for specialized Alzheimer’s
   71  services.—
   72         (1) This act may be cited as the “Specialized Alzheimer’s
   73  Services Adult Day Care Act.”
   74         (2) As used in this section, the term:
   75         (a) “ADRD participant” means a participant who has a
   76  documented diagnosis of Alzheimer’s disease or a dementia
   77  related disorder (ADRD) from a licensed physician or a health
   78  care provider who is under the direct supervision of a licensed
   79  physician.
   80         (b) “Dementia” means the loss of at least two intellectual
   81  functions, such as thinking, remembering, and reasoning, which
   82  is severe enough to interfere with a person’s daily function.
   83  The term does not describe a disease, but describes a group of
   84  symptoms that may accompany certain diseases or physical
   85  conditions.
   86         (c) “Specialized Alzheimer’s services” means therapeutic,
   87  behavioral, health, safety, and security interventions; clinical
   88  care; support services; and educational services that are
   89  customized for the specialized needs of a participant’s
   90  caregiver and the participant who is affected by Alzheimer’s
   91  disease or an irreversible, degenerative condition resulting in
   92  dementia.
   93         (3) In addition to the standards required for licensure as
   94  an adult day care center under this part, an adult day care
   95  center may seek voluntary licensure under this section as an
   96  adult day care center - specialized Alzheimer’s services.
   97         (4) An adult day care center seeking licensure under this
   98  section must:
   99         (a) Have a mission statement that includes a commitment to
  100  proving dementia-specific services and disclose in the center’s
  101  advertisements or in a separate document the services that
  102  distinguish the care as being suitable for a person who has
  103  Alzheimer’s disease or a dementia-related disorder.
  104         (b) Provide ADRD participants with a program for dementia
  105  specific, therapeutic activities, including, but not limited to,
  106  physical, cognitive, and social activities appropriate for the
  107  ADRD participant’s age, culture, and level of function.
  108         (c) Maintain at all times a minimum staff-to-participant
  109  ratio of one staff member who provides direct services for every
  110  five ADRD participants.
  111         (d) Provide ADRD participants with a program for
  112  therapeutic activity at least 70 percent of the time that the
  113  center is open.
  114         (e) Provide ADRD participants with hands-on assistance with
  115  activities of daily living, inclusive of the provision of
  116  urinary and bowel incontinence care.
  117         (f) Use assessment tools that identify the ADRD
  118  participant’s cognitive deficits and identify the specialized
  119  and individualized needs of the ADRD participant and the
  120  caregiver. This assessment shall be conducted when the ADRD
  121  participant is initially admitted into the center and shall be
  122  updated when the ADRD participant experiences a significant
  123  change, but no less frequently than annually.
  124         (g) Create an individualized plan of care for each ADRD
  125  participant which addresses the identified, dementia-specific
  126  needs of the ADRD participant and the caregiver. The plan of
  127  care shall be established when the ADRD participant is initially
  128  admitted into the center and reviewed at least quarterly.
  129         (h) Conduct a monthly health assessment of each ADRD
  130  participant which includes, but is not limited to, the ADRD
  131  participant’s weight, vital signs, and level of assistance
  132  needed with activities of daily living.
  133         (i) Complete a monthly update in each ADRD participant’s
  134  file regarding the ADRD participant’s status or progress toward
  135  meeting the goals indicated on the individualized plan of care.
  136         (j) Assist in the referral or coordination of other
  137  dementia-specific services and resources needed by the ADRD
  138  participant or the caregiver, such as medical services,
  139  counseling, medical planning, legal planning, financial
  140  planning, safety and security planning, disaster planning,
  141  driving assessment, transportation coordination, or wandering
  142  prevention.
  143         (k) Offer, facilitate, or provide referrals to a support
  144  group for persons who are caregivers to ADRD participants.
  145         (l) Provide dementia-specific educational materials
  146  regularly to ADRD participants, as appropriate, and their
  147  caregivers.
  148         (m) Routinely conduct and document a count of all ADRD
  149  participants present in the center throughout each day. This
  150  count must be compared to each ADRD participant’s attendance
  151  record in order to ensure that an ADRD participant is not
  152  missing from the center.
  153         (n) Be a secured unit or have working alarm or security
  154  devices installed on every door that is accessible to the ADRD
  155  participant and provides egress from the center or areas of the
  156  center designated for the provision of adult day care -
  157  specialized Alzheimer’s services.
  158         (o) Not allow an ADRD participant to administer his or her
  159  own medication.
  160         (p) Not allow an ADRD participant to drive himself or
  161  herself to or from the center.
  162         (5) The operator of an adult day care center licensed under
  163  this section, and the operator’s designee, as applicable, hired
  164  on or after July 1, 2012, shall:
  165         (a) Have at least a bachelor’s degree in health care
  166  services, social services, or a related field, 1 year of
  167  supervisory experience in a social services or health care
  168  services setting, and a minimum of 1 year of experience in
  169  providing services to persons who have dementia;
  170         (b) Be a registered or practical nurse licensed in this
  171  state, have 1 year of supervisory experience in a social
  172  services or health care services setting, and have a minimum of
  173  1 year of experience in providing services to persons who have
  174  dementia; or
  175         (c) Have 5 years of supervisory experience in a social
  176  services or health care services setting and a minimum of 3
  177  years of experience in providing services to persons who have
  178  dementia.
  179         (6)(a) An adult day care center licensed under this section
  180  must provide the following staff training and supervision:
  181         1. A registered nurse or licensed practical nurse must be
  182  on site daily for at least 75 percent of the time that the
  183  center is open to ADRD participants. Each licensed practical
  184  nurse who works at the center must be supervised in accordance
  185  with chapter 464.
  186         2. Upon beginning employment with the center, each employee
  187  must receive basic written information about interacting with
  188  ADRD participants.
  189         3. In addition to the information provided in subparagraph
  190  2., every employee hired on or after July 1, 2012, who has
  191  direct contact with ADRD participants shall complete 4 hours of
  192  dementia-specific training within 3 months after employment.
  193         4. In addition to the requirements of subparagraphs 2. and
  194  3., each employee hired on or after July 1, 2012, who provides
  195  direct care to ADRD participants shall complete an additional 4
  196  hours of dementia-specific training within 6 months after
  197  employment.
  198         (b) The Department of Elderly Affairs or its designee shall
  199  approve the training required under this section. The department
  200  shall adopt rules to establish standards for employees who are
  201  subject to this training, for trainers, and for the training
  202  required in this section.
  203         (c) Upon completing any training described in this section,
  204  the employee shall be issued a certificate that includes the
  205  name of the training provider, the topics covered, and the date
  206  and signature of the training provider. The certificate is
  207  evidence of completion of training in the identified topics, and
  208  the employee is not required to repeat training in those topics
  209  if the employee changes employment to a different adult day care
  210  center.
  211         (d) Each employee hired on or after July 1, 2012, who
  212  provides direct care to ADRD participants, must receive an
  213  orientation plan that includes, at a minimum:
  214         1. Procedures to locate an ADRD participant who has
  215  wandered from the center. These procedures shall be reviewed
  216  regularly with all direct care staff.
  217         2. Information on the Silver Alert program in this state.
  218         3. Information regarding available products or programs
  219  used to identify ADRD participants or prevent them from
  220  wandering away from the center, their home, or other locations.
  221         (7)(a) An ADRD participant admitted to an adult day care
  222  center licensed under this section must:
  223         1. Require ongoing supervision to maintain the highest
  224  level of medical or custodial functioning and have a
  225  demonstrated need for a responsible party to oversee his or her
  226  care.
  227         2. Not actively demonstrate aggressive behavior that places
  228  himself, herself, or others at risk of harm.
  229         3. Provide the following medical documentation signed by a
  230  licensed physician or a health care provider who is under the
  231  direct supervision of a licensed physician:
  232         a. Any physical, health, or emotional conditions that
  233  require medical care.
  234         b. A listing of the ADRD participant’s current prescribed
  235  and over-the-counter medications and dosages, diet restrictions,
  236  mobility restrictions, and other physical limitations.
  237         4. Provide documentation signed by a health care provider
  238  licensed in this state which indicates that the ADRD participant
  239  is free of the communicable form of tuberculosis and free of
  240  signs and symptoms of other communicable diseases.
  241         (b) Before admitting an ADRD participant to an adult day
  242  care center licensed under this section, the center shall
  243  determine whether:
  244         1. The medical, psychological, safety, and behavioral
  245  support and intervention required by the ADRD participant can be
  246  provided by the center.
  247         2. The resources required to assist with the ADRD
  248  participant’s acuity level of care and support needed can be
  249  provided or coordinated by the center.
  250         (8)(a) An ADRD participant’s file must include a data
  251  sheet, which must be completed within 45 days before or within
  252  24 hours after admission to an adult day care center licensed
  253  under this section. The data sheet must contain:
  254         1. Information regarding the status of the ADRD
  255  participant’s enrollment in an identification or wandering
  256  prevention program, including the name of the program; and
  257         2. A current photograph of the ADRD participant.
  258         (b) Dementia-specific services shall be documented in the
  259  ADRD participant’s file.
  260         (c) An ADRD participant’s plan of care must be reviewed at
  261  least quarterly. Notes regarding services provided to the ADRD
  262  participant must be entered at least monthly in the ADRD
  263  participant’s file, and must indicate the ADRD participant’s
  264  status or progress toward achieving identified goals. Additional
  265  notes must be entered more frequently if indicated by the ADRD
  266  participant’s condition.
  267         (d) An ADRD participant shall annually provide the center
  268  with updated medical documentation required under subparagraphs
  269  (7)(a)3. and 4., and the center must place that documentation in
  270  the ADRD participant’s file.
  271         (9) An adult day care center licensed under this section
  272  must give to each person who enrolls as an ADRD participant in
  273  the center, or the caregiver, a copy of the ADRD participant’s
  274  plan of care, as well as information regarding resources to
  275  assist in ensuring the safety and security of the ADRD
  276  participant, which must include, but need not be limited to,
  277  information pertaining to driving for those persons affected by
  278  dementia, available technology on wandering-prevention devices
  279  and identification devices, the Silver Alert program in this
  280  state, and dementia-specific safety interventions and strategies
  281  that can be used in the home setting.
  282         (10) If an ADRD participant’s enrollment in the center is
  283  involuntarily terminated due to medical or behavioral reasons,
  284  the center shall coordinate and execute appropriate discharge
  285  procedures with the ADRD participant and the caregiver.
  286         (11) This section does not prohibit an adult day care
  287  center that does not become licensed under this section from
  288  providing adult day care services to persons who have
  289  Alzheimer’s disease or other dementia-related disorders.
  290         (12) The Department of Elderly Affairs may adopt rules to
  291  administer this section.
  292         Section 3. This act shall take effect July 1, 2012.