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The Florida Senate

2004 Florida Statutes

Administration; forms; fees; rules; inspections; fines.
Section 400.605, Florida Statutes 2004

400.605  Administration; forms; fees; rules; inspections; fines.--

(1)  The department, in consultation with the agency, shall by rule establish minimum standards and procedures for a hospice. The rules must include:

(a)  License application procedures and requirements.

(b)  The qualifications of professional and ancillary personnel to ensure the provision of appropriate and adequate hospice care.

(c)  Standards and procedures for the administrative management of a hospice.

(d)  Standards for hospice services that ensure the provision of quality patient care.

(e)  Components of a patient plan of care.

(f)  Procedures relating to the implementation of advanced directives and do-not-resuscitate orders.

(g)  Procedures for maintaining and ensuring confidentiality of patient records.

(h)  Standards for hospice care provided in freestanding inpatient facilities that are not otherwise licensed medical facilities and in residential care facilities such as nursing homes, assisted living facilities, adult family care homes, and hospice residential units and facilities.

(i)  Physical plant standards for hospice residential and inpatient facilities and units.

(j)  Components of a comprehensive emergency management plan, developed in consultation with the Department of Health, the Department of Elderly Affairs, and the Department of Community Affairs.

(k)  Standards and procedures relating to the establishment and activities of a quality assurance and utilization review committee.

(l)  Components and procedures relating to the collection of patient demographic data and other information on the provision of hospice care in this state.

(2)  The agency shall:

(a)  Prepare and furnish all forms necessary under the provisions of this part in relation to applications for licensure or licensure renewals.

(b)  Collect from the applicant at the time of filing an application for a license or at the time of renewal of a license a fee which must be reasonably calculated to cover the cost of regulation under this part, but may not exceed $600 per program. All fees collected under this part shall be deposited in the Health Care Trust Fund for the administration of this part.

(c)  Issue hospice licenses to all applicants which meet the provisions of this part and applicable rules.

(d)  Conduct annual licensure inspections of all licensees, except that licensure inspections may be conducted biennially for hospices having a 3-year record of substantial compliance.

(e)  Conduct such inspections and investigations as are necessary in order to determine the state of compliance with the provisions of this part and adopted rules. The right of inspection also extends to any program that the agency has reason to believe is offering or advertising itself as a hospice without a license, but no inspection may be made without the permission of the owner or person in charge thereof unless a warrant is first obtained from a circuit court authorizing such inspection. An application for a license or license renewal made pursuant to this part constitutes permission for an inspection of the hospice for which the license is sought in order to facilitate verification of the information submitted on or in connection with the application.

(f)  Impose an administrative fine for any violation of the provisions of this part.

History.--s. 2, ch. 79-186; s. 2, ch. 81-318; ss. 69, 79, 83, ch. 83-181; s. 13, ch. 91-282; ss. 4, 14, ch. 93-179; s. 59, ch. 95-418; s. 1, ch. 99-139; s. 15, ch. 2000-140.