(1) When a home health agency accepts a patient or client for service, there shall be a reasonable expectation that the services can be provided safely to the patient or client in his place of residence. This includes being able to communicate with the patient, or with another person designated by the patient, either through a staff person or interpreter that speaks the same language, or through technology that translates so that the services can be provided. The responsibility of the agency is also to assure that the patient or client receives services as defined in a specific plan of care, for those patients receiving care under a physician, physician assistant, or advanced practice registered nurse’s treatment orders, or in a written agreement, as described in subsection (3), below, for clients receiving care without a physician, physician assistant, or advanced practice registered nurse’s orders. This responsibility includes assuring the patient receives all assigned visits.
    (2) At the start of services a home health agency must establish a written agreement between the agency and the patient or client or the patient’s or client’s legal representative, including the information described in Florida Statutes § 400.487(1) This written agreement must be signed and dated by a representative of the home health agency and the patient or client or the patient’s or client’s legal representative. A copy of the agreement must be given to the patient or client and the original must be placed in the patient’s or client’s file.
    (3) The written agreement, as specified in subsection (2) above, shall serve as the home health agency’s service provision plan, pursuant to Florida Statutes § 400.491(2), for clients who receive homemaker and companion services or home health aide services which do not require a physician, physician assistant, or advanced practice registered nurse’s treatment order. The written agreement for these clients shall be maintained for one year after termination of services.
    (4) When the agency terminates services for a patient or client needing continuing home health care, as determined by the patient’s physician, physician assistant, or advanced practice registered nurse, for patients receiving care under a physician, physician assistant, or advanced practice registered nurse’s treatment order, or as determined by the client or caregiver, for clients receiving care without a physician, physician assistant, or advanced practice registered nurse’s treatment order, a plan must be developed and a referral made by home health agency staff to another home health agency or service provider prior to termination. The patient or client must be notified in writing of the date of termination, the reason for termination, pursuant to Florida Statutes § 400.491, and the plan for continued services by the agency or service provider to which the patient or client has been referred, pursuant to Florida Statutes § 400.497(8) This requirement does not apply to patients paying through personal funds or private insurance who default on their contract through non-payment. The home health agency should provide social work assistance to patients to help them determine their eligibility for assistance from government funded programs if their private funds have been depleted or will be depleted.
Rulemaking Authority 400.497 FS. Law Implemented Florida Statutes § 400.487. History-New 4-19-76, Formerly 10D-68.20, Amended 4-30-86, 8-10-88, Formerly 10D-68.020, Amended 10-27-94, 1-17-00, 7-18-01, 9-22-05, 8-15-06.