400.461 Short title; purpose.— (1) This part, consisting of ss. 400.461-400.53, may be cited as the “Home Health Services Act.” (2) The purpose of this part is to provide for the licensure of every home health agency and nurse registry and to provide for the development, establishment, and enforcement of basic standards that will ensure the safe and […]
400.462 Definitions.—As used in this part, the term: (1) “Administrator” means a direct employee, as defined in subsection (9), who is a licensed physician, physician assistant, or registered nurse licensed to practice in this state or an individual having at least 1 year of supervisory or administrative experience in home health care or in a facility licensed […]
400.464 Home health agencies to be licensed; expiration of license; exemptions; unlawful acts; penalties.— (1) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to this part and part II of chapter 408 and persons or entities licensed or registered by or applying for such licensure or registration […]
400.471 Application for license; fee.— (1) Each applicant for licensure must comply with all provisions of this part and part II of chapter 408. (2) In addition to the requirements of part II of chapter 408, the initial applicant, the applicant for a change of ownership, and the applicant for the addition of skilled care services must file […]
400.474 Administrative penalties.— (1) The agency may deny, revoke, and suspend a license and impose an administrative fine in the manner provided in chapter 120. (2) Any of the following actions by a home health agency or its employee is grounds for disciplinary action by the agency: (a) Violation of this part, part II of chapter 408, or of […]
400.476 Staffing requirements; notifications; limitations on staffing services.— (1) ADMINISTRATOR.— (a) An administrator may manage only one home health agency, except that an administrator may manage up to five home health agencies if all five home health agencies have identical controlling interests as defined in s. 408.803 and are located within one agency geographic service area or within […]
400.4785 Patients with Alzheimer’s disease or other related disorders; staff training requirements; certain disclosures.— (1) A home health agency must provide the following staff training: (a) Upon beginning employment with the agency, each employee must receive basic written information about interacting with participants who have Alzheimer’s disease or dementia-related disorders. (b) In addition to the information provided under paragraph […]
400.484 Right of inspection; violations; fines.— (1) In addition to the requirements of s. 408.811, the agency may make such inspections and investigations as are necessary in order to determine the state of compliance with this part, part II of chapter 408, and applicable rules. (2) The agency shall impose fines for various classes of violations in accordance […]
400.487 Home health service agreements; physician’s, physician assistant’s, and advanced practice registered nurse’s treatment orders; patient assessment; establishment and review of plan of care; provision of services; orders not to resuscitate.— (1) Services provided by a home health agency must be covered by an agreement between the home health agency and the patient or the patient’s legal […]
400.488 Assistance with self-administration of medication and with other tasks.— (1) For purposes of this section, the term: (a) “Informed consent” means advising the patient, or the patient’s surrogate, guardian, or attorney in fact, that the patient may be receiving assistance with self-administration of medication or other tasks from an unlicensed person. (b) “Unlicensed person” means an individual not […]
400.489 Administration of medication by a home health aide; staff training requirements.— (1) A home health aide may administer oral, transdermal, ophthalmic, otic, rectal, inhaled, enteral, or topical prescription medications if the home health aide has been delegated such task by a registered nurse licensed under chapter 464, has satisfactorily completed an initial 6-hour training course approved […]
400.490 Nurse-delegated tasks.—A certified nursing assistant or home health aide may perform any task delegated by a registered nurse as authorized in this part and in chapter 464, including, but not limited to, medication administration. History.—s. 8, ch. 2020-9.
400.491 Clinical records.— (1) The home health agency must maintain for each patient who receives skilled care a clinical record that includes pertinent past and current medical, nursing, social and other therapeutic information, the treatment orders, and other such information as is necessary for the safe and adequate care of the patient. When home health services are […]
400.492 Provision of services during an emergency.—Each home health agency shall prepare and maintain a comprehensive emergency management plan that is consistent with the standards adopted by national or state accreditation organizations and consistent with the local special needs plan. The plan shall be updated annually and shall provide for continuing home health services during an […]
400.494 Information about patients confidential.— (1) Information about patients received by persons employed by, or providing services to, a home health agency or received by the licensing agency through reports or inspection shall be confidential and exempt from the provisions of s. 119.07(1) and shall only be disclosed to any person, other than the patient, as permitted […]
400.497 Rules establishing minimum standards.—The agency shall adopt, publish, and enforce rules to implement part II of chapter 408 and this part, including, as applicable, ss. 400.506 and 400.509, which must provide reasonable and fair minimum standards relating to: (1) The home health aide competency test and home health aide training. The agency shall create the home […]
400.506 Licensure of nurse registries; requirements; penalties.— (1)(a) A nurse registry is exempt from the licensing requirements of a home health agency but must be licensed as a nurse registry. The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to this section and ss. 400.509-400.518 and part II […]
400.509 Registration of particular service providers exempt from licensure; certificate of registration; regulation of registrants.— (1) Any person that provides companion services or homemaker services and does not provide a home health service to a person is exempt from licensure under this part. However, any person that provides companion services or homemaker services must register with the […]
400.512 Screening of home health agency personnel; nurse registry personnel and contractors; and companions and homemakers.—The agency, registry, or service shall require level 2 background screening for employees or contractors as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809. History.—s. 14, ch. 93-214; s. 21, ch. 94-134; s. 21, ch. 94-135; s. 1057, […]
400.518 Prohibited referrals to home health agencies.— (1) A physician licensed under chapter 458 or chapter 459 must comply with s. 456.053. (2) A hospital or an ambulatory surgical center that has a financial interest in a home health agency is prohibited from requiring any physician on its staff to refer a patient to the home health agency. […]
