The Florida Senate

400.497  Rules establishing minimum standards.--The Agency for Health Care Administration 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)  Scope of home health services to be provided.

(2)  The qualifications and minimum training requirements of all home health agency personnel.

(3)  Procedures for maintaining a record of the employment history of all home health agency personnel. A home health agency must require its personnel to submit an employment history to the home health agency, and it must verify the employment history unless through diligent efforts such verification is not possible. The Agency for Health Care Administration shall prescribe by rule the minimum requirements for establishing that diligent efforts have been made. The administrator of a home health agency must review the employment history and references of home health agency personnel and applicants for employment. The Agency for Health Care Administration must review the employment history and references of each administrator of a home health agency. There is no monetary liability on the part of, and no cause of action for damages arises against, a former employer of a prospective employee of or prospective independent contractor with a licensed home health agency who reasonably and in good faith communicates his or her honest opinions about the former employee's job performance. This subsection does not affect the official immunity of an officer or employee of a public corporation.

(4)  Licensure application and renewal.

(5)  The administration of the home health agency.

(6)  Procedures for administering drugs and biologicals.

(7)  Procedures for maintaining patient records.

(8)  Ensuring that the home health services provided by a home health agency are in accordance with the plan of treatment established for each patient.

(9)  Geographic service areas.

(10)  Standards for contractual arrangements for the provision of home health services by providers not employed by the home health agency providing for the patient's care and treatment.

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.