� ANÁLISIS EN PROFUNDIDAD
2.11 CARACTERIZACIÓN ESTRUCTURAL POR DIFRACCIÓN DE RAYOS
2.11.1 LA LEY DE BRAGG
Full-time, family type living arrangement, in a private home, where owner provides room, board, and one or more personal services on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives.)
Fla. Stat. Ann. §§ 400.401 et seq. (1998) Assisted Living Facilities.
Fla. Admin. Code Ann. R. 58A-5 et seq. (1999) Assisted Living Facilities.
Agency for Health Care Administration.
Does the state regulate the operation of assisted living facilities?
Yes, by statute.
A license issued by the Agency for Health Care Administration. No.
No.
Does the statute include a statement of philosophy? Yes.
Does the state restrict who can be admitted? Yes, by regulation.
HEALTH/MENTALHEALTH
A. CHRONICHEALTH CONDITION: No.
B. COMMUNICABLE, CONTAGIOUS, ORINFECTIOUSDISEASE: Yes.
If shows signs or symptoms of communicable disease.
C. ALCOHOL/DRUGADDICTIONORMENTALILLNESS: Yes.
If requires 24-hour licensed professional mental health treatment.
C
LASSIFICATIONA
UTHORITY STATUTE REGULATIONO
VERSIGHTA
GENCY LICENSURE REGISTRATION CERTIFICATIONP
HILOSOPHYA
DMISSIONC
RITERIA RESTRICTIONSD. COGNITIVE IMPAIRMENT: No. E. MEDICALORNURSINGCARE: Yes.
Requires 24-hour nursing supervision.
FUNCTIONAL ABILITY
F. UNABLE TO DIRECT SELF CARE: Yes.
If resident is unable to perform supervised/assisted ADL, self-medicate (unless facility has staff licensed to administer or resident contracts with outside agency to administer), or self-preserve with assistance. For extended congregate facilities, resident must be totally dependent in at least 4 of 5 activities (eating, bathing, dressing, grooming, and toileting).
G. INCONTINENT: No. H. BEDFAST: Yes.
If bedridden.
BEHAVIORAL/SOCIAL
I. DANGER TO SELF OR OTHERS: Yes.
If a danger to self or others.
J. PHYSICAL ORCHEMICAL RESTRAINTS OR CONFINEMENT: No.
NEEDS EXCEED FACILITY LICENSURE: No.
OTHER
K. DIETARY, RELIGIOUS, OR CULTURALREGIMEN: Yes.
If special dietary needs can not be met by facility.
L. COURTDETERMINEDINCOMPETENCE: Yes.
If legally incapacitated and has not legal guardian or other legal surrogate.
M. OTHER ADDITIONAL: Yes.
If resident
Has bed sores or stage 2, 3, or 4 pressure ulcers. Is unable to participate in social and leisure activities.
Is medically unstable and for whom a regimen of therapy has not been established (extended congregate facility only).
Does the state require a resident council or similar for resident involvement? Yes.
Does the statute include a resident bill of rights? Yes.
FREEDOM
A. FREEDOMOF CHOICE: Yes.
The right to access to adequate and appropriate health care consistent with established and recognized standards within the community.
B. FREEDOMFROM ABUSE & RESTRAINTS: Yes.
The right to live in a safe and decent living environment, free from abuse and neglect.
RESTRICTIONS (CONT.)
R
ESIDENTP
ARTICIPATIONR
ESIDENTB
ILL OFR
IGHTS ENUMERATED RIGHTSSTATE SUMMARIES
Florida
PRIVACY/CONFIDENTIALITY
C. PRIVACY: Yes.
The right to unrestricted private communication.
D. CONFIDENTIALITY: No.
GRIEVANCE
E. GRIEVANCE: Yes.
The right to present grievances and recommend changes in policies, procedures, and services to the staff of the facility, governing agencies, or any other person without restraint, interference, coercion, discrimination, or reprisal.
OTHER
F. ACCOMMODATION OFINDIVIDUAL NEEDS: Yes.
The right to
Be treated with consideration and respect and with due recognition of personal dignity, individuality, and the need for privacy.
Reasonable opportunity for regular exercise several times a week and to be outdoors at regular and frequent intervals.
Exercise civil and religious liberties.
At least 30-day notice of relocation or termination of residency, unless medical emergency requires moving to higher level of care, or unless conduct harmful or offensive to others. Notice in writing. No notice, must show good cause in court of competent jurisdiction.
G. PARTICIPATIONIN GROUPS AND OTHERACTIVITIES: Yes.
The right to participate in and benefit from community services and activities and to achieve the highest possible level of independence, autonomy, and interaction within the community.
H. EXAMINATION OFSURVEY AND INSPECTION RESULTS: No. I. ACCESS AND VISITATION: Yes.
The right to
Retain and use his or her own clothes and other personal property in his or her immediate living quarters unless facility demonstrates that such would be unsafe, impractical, or an infringement of other residents rights.
Share a room with his or her spouse if both are facility residents.
J. SERVICESINCLUDEDIN MEDICAREOR MEDICAIDPAYMENT: No. K. NOTIFICATIONOFRIGHTSANDRESPONSIBILITIES: No.
L. MANAGEPERSONALFINANCIALAFFAIRS: Yes.
The right to manage his or her financial affairs unless authorizes facility administrator to provide safekeeping for funds as provided in section 400.427. F.S.A. §§ 400.428(1)(f).
M. OTHER ADDITIONAL: No.
POSTED WITHIN FACILITY: Yes.
Posted in a prominent place.
WITHIN RESIDENTS CONTRACT: Yes.
The residents right, duties, and responsibilities.
ENUMERATED RIGHTS
(CONT.)
METHOD(S) OF
PROVIDEDASSEPARATEWRITING: No.
ORAL EXPLANATION:No.
Except it must be read or explained to residents who cannot read.
OTHER: No.
Does the state set guidelines for involuntary transfer and/or discharge? Yes, by statute.
A. BEHAVIOR: Yes.
If a danger to self or others.
B. HEALTH STATUS: Yes.
If resident
Is unable to perform supervised/assisted ADL, self-medicate (unless facility has staff licensed to administer or resident contracts with outside agency to administer), or self- preserve with assistance.
Is bedridden more than 7 consecutive days. Must be bedridden for 14 consecutive days in extended congregate care facilities.
Special dietary needs can not be met by facility. Shows signs or symptoms of communicable disease.
Requires 24-hour licensed professional mental health treatment. Requires 24-hour nursing supervision.
Has bed sores or stage 2, 3, or 4 pressure ulcers.
C. NONPAYMENT: No. D. NONCOMPLIANCE: No.
E. FACILITY CEASES TO OPERATE: No. F. OTHER: Yes.
If resident is
Legally incapacitated and has no legal guardian or other legal surrogate. Unable to participate in social and leisure activities.
A. TIMING/DISTRIBUTION:
30-day notice except for emergency relocations (medical, resident engages in a pattern of conduct harmful or offensive to other residents).
B. CONTENTOF NOTIFICATION:
Reasons for relocation.
C. RELOCATION ASSISTANCE: No. A. WITHIN FACILITY: No.
B. STATE AGENCY: No.
Does the state require a written contract? Yes, by statute.
METHOD(S) OF