Agency for Health Care Administration

1 Agency for Health care Administration ASPEN: Regulation Set (RS). Printed 11/03/2016 Page 1 of 139. Aspen State Regulation Set: A ASSISTED LIVING FACILITY. ST - A0000 - Initial Comments Title Initial Comments Statute or Rule Type Memo Tag Regulation Definition Interpretive Guideline These guidelines are meant solely to provide guidance to surveyors in the survey process. ST - A0001 - Definitions Title Definitions Statute or Rule ; , Type Rule Regulation Definition Interpretive Guideline The Assisted Living Unit (ALU) telephone number located in paragraph (2) was changed to 850-412-4304 when (4) " Aging in place " or " age in place " means the process AHCA transitioned to the Voice Over IP (VOIP) telephone system. of providing increased or adjusted services to a person to compensate for the physical or mental decline that may occur Activities of daily living includes other similar tasks according to FS.

2 With the aging process, in order to maximize the person ' s dignity and independence and permit them to remain in a familiar, noninstitutional, residential environment for as long as possible. Such services may be provided by facility staff, volunteers, family, or friends, or through contractual arrangements with a third party. (5) " Assisted living facility " means any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or Agency for Health care Administration ASPEN: Regulation Set (RS). Printed 11/03/2016 Page 2 of 139. Aspen State Regulation Set: A ASSISTED LIVING FACILITY.

3 Administrator. (6) "Chemical restraint" means a pharmacologic drug that physically limits, restricts, or deprives an individual of movement or mobility, and is used for discipline or convenience and not required for the treatment of medical symptoms. (10) "Emergency" means a situation, physical condition, or method of operation which presents imminent danger of death or serious physical or mental harm to facility residents. (13) "Limited nursing services" means acts that may be performed by a person licensed under part I of Chapter 464. Limited nursing services shall be for persons who meet the admission criteria established by the department for assisted living facilities and shall not be complex enough to require 24-hour nursing supervision and many include such services as the application and care of routine dressings, and care of casts, braces, and splints. (14) "Managed risk" means the process by which the facility staff discuss the service plan and the needs of the resident with the resident and, if applicable, the resident ' s representative or designee or the resident ' s surrogate, guardian, or attorney in fact, in such a way that the consequences of a decision, including any inherent risk, are explained to all parties and reviewed periodically in conjunction with the service plan, taking into account changes in the resident ' s status and the ability of the facility to respond accordingly.

4 (15) "Mental Health resident" means an individual who receives social security disability income due to a mental disorder as determined by the Social Security Administration or receives supplemental security income due to a mental disorder as determined by the Social Security Administration and receives optional state supplementation. (16) "Personal services" means direct physical assistance with or supervision of the activities of daily living and the self - Administration of medication and other similar services Agency for Health care Administration ASPEN: Regulation Set (RS). Printed 11/03/2016 Page 3 of 139. Aspen State Regulation Set: A ASSISTED LIVING FACILITY. which the department may define by rule. " Personal services " shall not be construed to mean the provision of medical, nursing, dental, or mental Health services. (17) "Physical restraint" means a device which physically limits, restricts, or deprives an individual of movement or mobility, including, but not limited to, a half-bed rail, a full-bed rail, a geriatric chair, and a posey restraint.

5 The term " physical restraint " shall also include any device which was not specifically manufactured as a restraint but which has been altered, arranged, or otherwise used for this purpose. The term shall not include bandage material used for the purpose of binding a wound or injury. (18) "Relative" means an individual who is the father, mother, stepfather, stepmother, son, daughter, brother, sister, grandmother, grandfather, great-grandmother, great-grandfather, grandson, granddaughter, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister of an owner or administrator. (22) "Shared responsibility" means exploring the options available to a resident within a facility and the risks involved with each option when making decisions pertaining to the resident ' s abilities, preferences, and service needs, thereby enabling the resident and, if applicable, the resident ' s representative or designee, or the resident ' s surrogate, guardian, or attorney in fact, and the facility to develop a service plan which best meets the resident ' s needs and seeks to improve the resident ' s quality of life.

6 , Definitions: (a) "Informed consent" means advising the resident, or the resident's surrogate, guardian, or attorney in fact, that an assisted living facility is not required to have a licensed nurse on staff, that the resident may be receiving assistance with Agency for Health care Administration ASPEN: Regulation Set (RS). Printed 11/03/2016 Page 4 of 139. Aspen State Regulation Set: A ASSISTED LIVING FACILITY. self - Administration of medication from an unlicensed person, and that such assistance, if provided by an unlicensed person, will or will not be overseen by a licensed nurse. (b) "Unlicensed person" means an individual not currently licensed to practice nursing or medicine who is employed by or under contract to an assisted living facility and who has received training with respect to assisting with the self - Administration of medication in an assisted living facility as provided under s. prior to providing such assistance as described in this section.

7 , FAC. In addition to the terms defined in Section , , the following definitions are applicable in this rule chapter: (1) " Advertise " means any written, printed, oral, visual, or electronic promotion, statement of availability, qualifications, services offered, or other similar communication appearing in or on television, radio, the Internet, billboards, newspapers, magazines, business cards, flyers, brochures or other medium for the purpose of attracting potential residents to an assisted living facility. A complimentary listing of a licensed facility ' s name, address, and telephone number in the telephone directory is not considered advertising. (2) " Agency Central Office " means the Agency for Health care Administration Assisted Living Unit (ALU), located at 2727 Mahan Drive, Mail Stop 30, Tallahassee, FL. 32308-5403. The ALU telephone number and website address is (850) 412-4304, and #al. (3) " Agency Field Office " means the Agency for Health care Administration ' s Office in a particular geographic area.

8 Information regarding local offices is available online at: #six. (4) " Apartment " means a self -contained dwelling unit with a Agency for Health care Administration ASPEN: Regulation Set (RS). Printed 11/03/2016 Page 5 of 139. Aspen State Regulation Set: A ASSISTED LIVING FACILITY. bathroom, kitchen area, and living and sleeping space that is contracted for use as a residence by one or more persons who maintain a common household. (5) " Assistance with Activities of Daily Living " means individual assistance with the following: (a) Ambulation - Providing physical support to enable the resident to move about within or outside the facility. Physical support includes supporting or holding the resident ' s hand, elbow, or arm; holding on to a support belt worn by the resident to assist in providing stability or direction while the resident ambulates; or pushing the resident ' s wheelchair. The term does not include assistance with transfer.

9 (b) Bathing - Assembling towels, soaps, and other necessary supplies, helping the resident in and out of the bathtub or shower, turning the water on and off, adjusting water temperatures, washing and drying portions of the body that are difficult for the resident to reach, or being available while the resident is bathing. (c) Dressing - Helping the resident to choose, and to put on and remove clothing. (d) Eating - Helping with cutting food, pouring beverages, and feeding residents who are unable to feed themselves. (e) Grooming - Helping the resident with shaving, with oral care , with care of the hair, and with nail care . (f) Toileting - Assisting the resident to the bathroom, helping to undress, positioning on the commode, and helping with related personal hygiene, including assistance with changing an adult brief. Assistance with toileting includes assistance with the routine emptying of a catheter or ostomy bag.

10 (6) " Assistance With Transfer " means providing verbal and physical cuing or physical assistance or both while the resident moves between bed and a standing position or between bed and chair or wheelchair. (7) " Bedridden " means confined to bed because of inability to ambulate or transfer to a wheelchair even with assistance, or Agency for Health care Administration ASPEN: Regulation Set (RS). Printed 11/03/2016 Page 6 of 139. Aspen State Regulation Set: A ASSISTED LIVING FACILITY. to sit safely in a chair or wheelchair without personal assistance or physical restraint. (8) " Capacity " means the number of residents for which a facility has been licensed to provide residential care . (9) " Case Manager " means an individual employed by or under contract with any Agency or organization, public, or private, who has the responsibility for assessing resident needs; planning services; coordinating and assisting residents to gain access to needed medical, mental Health , social, housing, educational or other services; monitoring service delivery; and evaluating the effects of service delivery.