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: 70 429.918 Certification 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.