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The Florida Statutes

The 2004 Florida Statutes

Title XXIX
Chapter 400
View Entire Chapter
Section 400.497, Florida Statutes 2004

400.497  Rules establishing minimum standards.--The agency shall adopt, publish, and enforce rules to implement this part, including, as applicable, ss. 400.506 and 400.509, which must provide reasonable and fair minimum standards relating to:

1(1)  The home health aide competency test and home health aide training. The agency shall create the home health aide competency test and establish the curriculum and instructor qualifications for home health aide training. Licensed home health agencies may provide this training and shall furnish documentation of such training to other licensed home health agencies upon request. Successful passage of the competency test by home health aides may be substituted for the training required under this section and any rule adopted pursuant thereto.

(2)  Shared staffing. The agency shall allow shared staffing if the home health agency is part of a retirement community that provides multiple levels of care, is located on one campus, is licensed under this chapter, and otherwise meets the requirements of law and rule.

(3)  The criteria for the frequency of onsite licensure surveys.

(4)  Licensure application and renewal.

(5)  The requirements for onsite and electronic accessibility of supervisory personnel of home health agencies.

(6)  Information to be included in patients' records.

(7)  Geographic service areas.

(8)  Preparation of a comprehensive emergency management plan pursuant to s. 400.492.

(a)  The Agency for Health Care Administration shall adopt rules establishing minimum criteria for the plan and plan updates, with the concurrence of the Department of Health and in consultation with the Department of Community Affairs.

(b)  The rules must address the requirements in s. 400.492. In addition, the rules shall provide for the maintenance of patient-specific medication lists that can accompany patients who are transported from their homes.

(c)  The plan is subject to review and approval by the county health department. During its review, the county health department shall ensure that the following agencies, at a minimum, are given the opportunity to review the plan:

1.  The local emergency management agency.

2.  The Agency for Health Care Administration.

3.  The local chapter of the American Red Cross or other lead sheltering agency.

4.  The district office of the Department of Children and Family Services.

The county health department shall complete its review within 60 days after receipt of the plan and shall either approve the plan or advise the home health agency of necessary revisions.

(d)  For any home health agency that operates in more than one county, the Department of Health shall review the plan, after consulting with all of the county health departments, the agency, and all the local chapters of the American Red Cross or other lead sheltering agencies in the areas of operation for that particular home health agency. The Department of Health shall complete its review within 90 days after receipt of the plan and shall either approve the plan or advise the home health agency of necessary revisions. The Department of Health shall make every effort to avoid imposing differing requirements based on differences between counties on the home health agency.

(e)  The requirements in this subsection do not apply to:

1.  A facility that is certified under chapter 651 and has a licensed home health agency used exclusively by residents of the facility; or

2.  A retirement community that consists of residential units for independent living and either a licensed nursing home or an assisted living facility, and has a licensed home health agency used exclusively by the residents of the retirement community, provided the comprehensive emergency management plan for the facility or retirement community provides for continuous care of all residents with special needs during an emergency.

History.--s. 49, ch. 75-233; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; s. 6, ch. 88-219; s. 4, ch. 89-354; s. 6, ch. 90-319; s. 38, ch. 90-347; s. 26, ch. 91-57; s. 31, ch. 91-263; ss. 12, 23, ch. 93-214; s. 786, ch. 95-148; s. 9, ch. 99-332; s. 13, ch. 2000-140; s. 160, ch. 2000-318.

1Note.--As amended by s. 160, ch. 2000-318. Subsection (1) was also amended by s. 13, ch. 2000-140, but the amendment was drawn to the text of subsection (1) as it read prior to amendment by s. 9, ch. 99-332. Subsection (1), Florida Statutes 1997, as amended by s. 13, ch. 2000-140, only, reads:

(1)  Scope of home health services to be provided, which shall include services to be provided during emergency evacuation and sheltering.

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