Title ECC – Admissions & Continued Residency
Statute or Rule 429.26(10); 429.07(3)b ; 58A-5.030(5)

429.26
(10) Facilities licensed to provide extended congregate care services shall promote aging in place by determining appropriateness of continued residency based on a comprehensive review of the resident ‘ s physical and functional status; the ability of the facility, family members, friends, or any other pertinent individuals or agencies to provide the care and services required; and documentation that a written service plan consistent with facility policy has been developed and implemented to ensure that the resident ‘ s needs and preferences are addressed.

429.07
(3)b … The primary purpose of extended congregate care services is to allow residents the option of remaining in a familiar setting from which they would otherwise be disqualified for continued residency as they become more impaired. A facility licensed to provide extended congregate care services may also admit an individual who exceeds the admission criteria for a facility with a standard license if he or she is determined to appropriate for admission to the extended congregate care facility.

58A-5.030 (5)
ADMISSION AND CONTINUED RESIDENCY. (a) An individual must meet the following minimum criteria in order to receive extended congregate care services.
1. Be at least 18 years of age;
2. Be free from signs and symptoms of a communicable disease that is likely to be transmitted to other residents or staff; however, an individual who has human immunodeficiency virus (HIV) infection may be admitted to a facility, provided that he or she would otherwise be eligible for admission according to this rule;
3. Be able to transfer, with assistance if necessary. The assistance of more than one individual is permitted;
4. Not be a danger to self or others as determined by a health care provider or mental health practitioner licensed under Chapters 490 or 491, F.S.;
5. Not be bedridden;
6. Not have any stage 3 or 4 pressure sores;
7. Not require any of the following nursing services:
a. Oral or nasopharyngeal suctioning;
b. Nasogastric tube feeding;
c. Monitoring of blood gases;
d. Intermittent positive pressure breathing therapy;
e. Skilled rehabilitative services as described in Rule 59G-4.290, F.A.C.; or
f. Treatment of a surgical incision, unless the surgical incision and the condition that caused it have been stabilized and a plan of care developed;
8. Not require 24-hour nursing supervision; and
9. Have been determined to be appropriate for admission to the facility by the facility administrator or manager. The administrator or manager must base his or her decision on:
a. An assessment of the strengths, needs, and preferences of the individual, the health assessment required by subsection (6) of this rule, and the preliminary service plan developed in subsection (7);
b. The facility ‘ s residency criteria, and services offered or arranged for by the facility to meet resident needs; and
c. The ability of the facility to meet the uniform fire safety standards for assisted living facilities established in Section 429.41, F.S., and Rule Chapter 69A-40, F.A.C.
(b) Criteria for continued residency in an extended congregate care service must be the same as the criteria for admission, except as specified below.
1. A resident may be bedridden for up to 14 consecutive days.
2. A terminally ill resident who no longer meets the criteria for continued residency may continue to reside in the facility if the following conditions are met:
a. The resident qualifies for, is admitted to, and consents to the services of a licensed hospice that coordinates and ensures the provision of any additional care and services that may be needed;
b. Continued residency is agreeable to the resident and the facility;
c. An interdisciplinary care plan, which specifies the services being provided by hospice and those being provided by the facility, is developed and implemented by a licensed hospice in consultation with the facility; and
d. Documentation of the requirements of subparagraph (5)
(b)2. is maintained in the resident ‘ s file.
3. The extended congregate care administrator or manager is responsible for monitoring the appropriateness of continued residency of a resident in extended congregate care services at all times.
4. A hospice resident that meets the qualifications of continued residency pursuant to this rule may only receive services from the assisted living facility ‘ s staff within the scope of the facility ‘ s license.
5. Staff may provide any nursing service permitted under the facility ‘ s license and total help with the activities of daily living for residents admitted to hospice. Staff may not exceed the scope of their professional licensure or training in any licensed assisted living facility.

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