The Florida Senate

429.73  Rules and standards relating to adult family-care homes.--

(1)  The department, in consultation with the Department of Health, the Department of Children and Family Services, and the agency shall, by rule, establish minimum standards to ensure the health, safety, and well-being of each resident in the adult family-care home. The rules must address:

(a)  Requirements for the physical site of the facility and facility maintenance.

(b)  Services that must be provided to all residents of an adult family-care home and standards for such services, which must include, but need not be limited to:

1.  Room and board.

2.  Assistance necessary to perform the activities of daily living.

3.  Assistance necessary to administer medication.

4.  Supervision of residents.

5.  Health monitoring.

6.  Social and leisure activities.

(c)  Standards and procedures for license application and annual license renewal, advertising, proper management of each resident's funds and personal property and personal affairs, financial ability to operate, medication management, inspections, complaint investigations, and facility, staff, and resident records.

(d)  Qualifications, training, standards, and responsibilities for providers and staff.

(e)  Compliance with chapter 419, relating to community residential homes.

(f)  Criteria and procedures for determining the appropriateness of a resident's placement and continued residency in an adult family-care home. A resident who requires 24-hour nursing supervision may not be retained in an adult family-care home unless such resident is an enrolled hospice patient and the resident's continued residency is mutually agreeable to the resident and the provider.

(g)  Procedures for providing notice and assuring the least possible disruption of residents' lives when residents are relocated, an adult family-care home is closed, or the ownership of an adult family-care home is transferred.

(h)  Procedures to protect the residents' rights as provided in ¹s. 429.85

(i)  Procedures to promote the growth of adult family-care homes as a component of a long-term care system.

(j)  Procedures to promote the goal of aging in place for residents of adult family-care homes.

(2)  The department shall by rule provide minimum standards and procedures for emergencies. Pursuant to s. 633.022, the State Fire Marshal, in consultation with the department and the agency, shall adopt uniform firesafety standards for adult family-care homes.

(3)  The department shall adopt rules providing for the implementation of orders not to resuscitate. The provider may withhold or withdraw cardiopulmonary resuscitation if presented with an order not to resuscitate executed pursuant to s. 401.45 The provider shall not be subject to criminal prosecution or civil liability, nor be considered to have engaged in negligent or unprofessional conduct, for withholding or withdrawing cardiopulmonary resuscitation pursuant to such an order and rules adopted by the department.

(4)  The provider of any adult family-care home that is in operation at the time any rules are adopted or amended under this part may be given a reasonable time, not exceeding 6 months, within which to comply with the new or revised rules and standards.

History.--ss. 1, 2, ch. 85-195; s. 4, ch. 91-429; s. 7, ch. 93-209; s. 24, ch. 95-210; s. 65, ch. 95-418; s. 10, ch. 98-148; s. 7, ch. 98-338; s. 3, ch. 99-179; s. 7, ch. 99-331; s. 3, ch. 2006-197.

¹Note.--Substituted for a reference to s. 400.628 to conform to the transfer of s. 400.628 to s. 429.85 by s. 3, ch. 2006-197.

Note.--Former s. 400.621.