Minimum Staffing Requirements
Assisted living facilities are required to maintain minimum staffing standards as part of the facility's day-to-day operations. The minimum requirements are based on the staff person's role in the facility.
Every facility must be under the supervision of an administrator who is responsible for the operation and maintenance of the facility including the management of all staff and the provision of adequate care to all residents as required by Chapter 429, Part I, F.S. and Rule 58A-5, F.A.C.
The administrators must:
- Be at least 21 years of age
- If employed on or after October 30, 1995, must have a high school diploma or G.E.D
- Comply with Level 2 background screening standards pursuant to Sections 408.809 and 429.174, F.S.
- Successfully complete the ALF Core training program pursuant to Rule 58A-5.0191, F.A.C., no later than 90 days after becoming employed as a facility administrator. Administrators who attended core training prior to July 1, 1997, are not required to take the competency test unless specified elsewhere in Rule 58A-5, F.A.C.
- Satisfy continuing education requirements pursuant to Rule 58A-5.0191, F.A.C. Administrators who are not in compliance with these requirements must retake the core training and core competency test requirements in effect on the date the non-compliance is discovered by the agency or the department.
Administrators may supervise a maximum of either three assisted living facilities or a group of facilities on a single campus providing housing and health care. Administrators who supervise more than one facility must appoint in writing a separate "manager" for each facility. However, an administrator supervising a maximum of three assisted living facilities, each licensed for 16 or fewer beds all within a 15-mile radius of each other, is only required to appoint two managers to assist in the operation and maintenance of those facilities.
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An individual serving as a manager must satisfy the same qualifications, background screening, core training and competency test requirements, and continuing education requirements of an administrator pursuant to paragraph (1)(a) of 58A-5.019, F.A.C. Managers who attended the core training program before April 20, 1998, are not required to take the competency test unless specified elsewhere in this rule. In addition, a manager may not serve as a manager of more than a single facility, except as provided in paragraph (1)(c) of 58A-5.019, F.A.C., and may not simultaneously serve as an administrator of any other facility.
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Within 30 days after beginning employment, newly hired staff must submit a written statement from a health care provider documenting that the individual does not have any signs or symptoms of communicable disease. The examination performed by the health care provider must have been conducted no earlier than 6 months before submission of the statement. Evidence of a negative tuberculosis examination must be documented on an annual basis. Signed documentation provided by the Florida Department of Health or a licensed health care provider that a test is not required, shall satisfy the tuberculosis requirement. An individual with a positive tuberculosis test must submit a health care provider's statement that the individual does not constitute a risk of communicating tuberculosis.
Newly hired staff does not include an employee transferring without a break in service from one facility to another when the facility is under the same management or ownership. If any staff member has, or is suspected of having, a communicable disease, such individual must be immediately removed from duties until a written statement is submitted from a health care provider indicating that the individual does not constitute a risk of transmitting a communicable disease. All staff must be qualified to perform their assigned duties consistent with their level of education, training, preparation, and experience. Staff providing services requiring licensing or certification must be appropriately licensed or certified. All staff must exercise their responsibilities, consistent with their qualifications, to observe residents, to document observations on the appropriate resident's record, and to report the observations to the resident's health care provider in accordance with Section 58A-5.019, F.A.C.
All staff must comply with the training requirements of Rule 58A-5.0191, F.A.C.
An assisted living facility contracting to provide services to residents must ensure that individuals providing services are qualified to perform their assigned duties in accordance with Section 58A-5.019, F.A.C. The contract between the facility and the staffing agency or contractor must specifically describe the services the staffing agency or contractor will be providing to residents.
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AHCA requires a level 2 background screening for all personnel as required in Section 408.809(1)(e), F.S., pursuant to Chapters 435, F.S. and 408.809, F.S. Information and instructions may be obtained from AHCA’s Assisted Living Unit.
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The following chart outlines the minimum ALF staff hours per week as required by Chapter 58A-5, F.A.C.:
Number of Residents Staff
*For every 20 residents over 95 add 42 staff hours per week.
In addition to the minimum staff hours per week, ALFs are required to maintain the following staffing standards:
- At least one staff member who has access to facility and resident records in case of an emergency must be in the facility at all times when residents are in the facility. Residents serving as paid or volunteer staff may not be left solely in charge of other residents while the facility administrator, manager or other staff are absent from the facility.
- In facilities with 17 or more residents, there must be one staff member awake at all hours of the day and night.
- At least one staff member who is trained in First Aid and CPR, as provided under Rule 58A-5.0191, F.A.C., must be in the facility at all times when residents are in the facility.
- During periods of temporary absence of the administrator or manager when residents are on the premises, a staff member who is at least 18 years of age, must be designated in writing to be in charge of the facility.
Notwithstanding the minimum staffing requirements specified above, all facilities, including those composed of apartments, must have enough qualified staff to provide resident supervision, and to provide or arrange for resident services in accordance with the residents scheduled and unscheduled service needs, resident contracts, and resident care standards as described in Rule 58A-5.0182, F.A.C.
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