Fla. Admin. Code Ann. R. 59A-8.0245 - Advance Directives

(1) Each home health agency shall have written policies and procedures, which delineate the agency's position with respect to the state law and rules relative to advance directives. The policies shall not condition treatment or admission upon whether or not the individual has executed or waived an advance directive. In the event of conflict between the agency's policies and procedures and the patient's advance directive, provision should be made in accordance with Chapter 765, F.S.

(2) The home health agency's policy shall include:

(a) Providing each adult patient, in advance of receiving services, with a copy of "Health Care Advance Directives - The Patients' Right to Decide", as prepared by the Agency for Health Care Administration, revised April 2006, and available at http://www.floridahealthfinder.gov/reports-guides/reports-guides.aspx, which is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-03070), or with a copy of a document drafted by a person or organization other than AHCA which is a written description of Florida's state law regarding advance directives;

(b) Providing each adult patient, in advance of receiving services, with written information concerning the home health agency's policies respecting advance directives; and,

(c) The requirement that documentation of whether or not the patient has executed an advance directive shall be contained in the patient's medical record and not kept solely at another location in the agency. If an advanced directive has been executed, a copy of that document shall be made a part of the patient's medical record. If the home health agency does not receive a copy of the advanced directive for a patient, the agency must document that it has requested a copy in the patient's record.

(d) A home health agency shall be subject to revocation of their license and a fine of not more than $500 per incident, or both, pursuant to Section 400.474(1), F.S., if the home health agency, as a condition of treatment or admission, requires an individual to execute or waive an advance directive, pursuant to Section 765.110, F.S.

(3) Pursuant to Section 400.487(7), F.S., a home health agency may honor a DNRO as follows:

Cardiopulmonary resuscitation may be withheld or withdrawn from a patient only if a valid Do Not Resuscitate Order (DNRO) is present, executed pursuant to Section 401.45, F.S. The Department of Health has developed a DNRO form that is described and available to the public as stated in Rule 64J-2.018, F.A.C.

Notes

Fla. Admin. Code Ann. R. 59A-8.0245

Rulemaking Authority 400.487, 765.110 FS. Law Implemented 400.487, 765.110 FS.

New 10-27-94, Amended 1-17-00, 9-22-05, 7-11-13.

New 10-27-94, Amended 1-17-00, 9-22-05, 7-11-13.