Fla. Admin. Code Ann. R. 59AER20-6 - Hospital Screening Requirements for Long-Term Care Facility Residents

(1) Applicability. The requirements of this emergency rule apply to all hospitals licensed under Chapter 395, F.S.

(2) Definitions.

(a) "Long-term care facility" is defined, for purposes of this rule, as any of the following facilities:

1. Nursing Homes, as provided under Chapter 400, F.S.;

2. Group Home Facilities, as provided under Chapter 393, F.S.;

3. Intermediate Care Facilities for the Developmentally Disabled, as provided under Chapter 400, F.S.;

4. Assisted Living Facilities, as provided under Chapter 429, F.S.; and

(b) "Long-term care facility resident" is defined, for the purposes of this rule, as any individual in Florida that is considered to be a resident, client, or patient of a long-term care facility or who will imminently become a resident, client, or patient of a long-term care facility upon discharge from a hospital licensed under chapter 395.

(3) Discharge of Long-Term Care Facility Residents from Hospitals.

(a) Every hospital must test any long-term care facility resident whose COVID-19 status is unknown using a RT-PCR molecular assay laboratory test that has been given Emergency Use Authorization from the Food and Drug Administration ("FDA") for the detection of SARS-CoV-2 (COVID-19) RNA prior to discharging the individual to any long-term care facility.

(b) Hospitals may discharge a long-term care facility resident who is awaiting test results for COVID-19 if the long-term care facility resident has never tested positive for nor been suspected of having COVID-19, as long as the hospital confirms that the long-term care facility is able to isolate the resident while the hospital's test results are pending and the hospital confirms that the long-term care facility is able to follow Centers for Disease Control and Prevention ("CDC") infection prevention and control precautions for a person with unknown COVID-19 status.

(c) A long-term care facility resident that has tested positive for COVID-19 or is symptomatic must be isolated by the hospital pursuant to the hospital's isolation protocols. A hospital is prohibited from discharging any long-term care facility resident that has tested positive for COVD-19 or is exhibiting symptoms consistent with COVID-19 to any long-term care facility until the long-term care facility resident has been cleared for discharge using either a test-based strategy or a symptom-based strategy, unless the receiving facility has a dedicated wing, unit, or building with dedicated staff to accept the COVID-19 positive resident.

1. Symptom-based strategy: under the symptom-based strategy the long-term care facility resident must meet the following criteria:

a. At least 3 days (72 hours) have passed since resolution of fever without the use of fever-reducing medications; and

b. Improvement in respiratory symptoms; and

c. At least 10 days have passed since symptoms first appeared.

2. Test-based strategy: under the test-based strategy, the long-term care facility resident must have:

a. Resolution of fever without the use of fever-reducing medications;

b. Improvement in respiratory symptoms; and

c. Two consecutive negative test results separated by 24 hours. The first by an FDA Emergency Use Authorized COVID-19 molecular assay RT-PCR test and the second by either an FDA Emergency Use Authorized COVID-19 molecular assay RT-PCR test or an FDA Emergency Use Authorized COVID-19 antigen test.

(4) This rule supersedes emergency rule 59AER20-1.

Notes

Fla. Admin. Code Ann. R. 59AER20-6

Rulemaking authority 408.819, 408.821(4), FS Law Implemented 408.819, 408.821(4) FS.

Adopted by Florida Register Volume 46, Number 141, July 21, 2020 effective 7/15/2020.