ECC - Licensing

How AHCA classifies it

Florida classifies each deficiency under section 429.19, Florida Statutes: Class I (imminent danger), Class II (direct threat), Class III (indirect or potential threat) and Class IV (minor, paperwork-level). Class III is by far the most common.

Where it is cited

What the requirement says

AHCA’s requirement text as it appears on the inspection report, verbatim.

59A-36.021(1) LICENSING. (a) Any facility intending to establish extended congregate care services must obtain a license from the agency before accepting residents needing extended congregate care services. (b) Only the portion of a facility that meets the physical requirements for extended congregate care in Chapter 4, Section 464 of the Florida Building Code as adopted in Rule 61G20-1.001, F.A.C. and is staffed in accordance with subsection (3), is considered licensed to provide extended congregate care services to residents who meet the admission and continued residency requirements of this rule. 429.07(3)(b) 4. A facility that is licensed to provide extended congregate care services must: a. Demonstrate the capability to meet unanticipated resident service needs. b. Offer a physical environment that promotes a homelike setting, provides for resident privacy, promotes resident independence, and allows sufficient congregate space as defined by rule. c. Have sufficient staff available, taking into account the physical plant and firesafety features of the building, to assist with the evacuation of residents in an emergency. d. Adopt and follow policies and procedures that maximize resident independence, dignity, choice, and decisionmaking to permit residents to age in place, so that moves due to changes in functional status are minimized or avoided. e. Allow residents or, if applicable, a resident's representative, designee, surrogate, guardian, or attorney in fact to make a variety of personal choices, participate in developing service plans, and share responsibility in decisionmaking. f. Implement the concept of managed risk. g. Provide, directly or through contract, the services of a person licensed under part I of chapter 464. h. In addition to the training mandated in s. 429.52, provide specialized training as defined by rule for facility staff.