Applicable Florida laws

Medicaid/Hospice Care
Florida Medicaid is governed by Title XIX of the Social Security Act, Title 42 of the Code of Federal Regulations, Chapter 409 Florida Statutes, and Chapter 59G, Florida Administrative Code. On admission to a hospice, each patient must receive information concerning advance directives. The state of Florida provides Medicaid services for hospice care to all eligible Medicaid recipients. The hospice care corresponds to the Medicare guidelines for eligibility and periods of care. The patient may have a responsibility to pay a portion of the cost of hospice care. That portion can range from zero to any dollar amount and is determined by the Florida Department of Children and Families (DCF). Some Medicaid recipients, such as the elderly or disabled, are exempt from referral to DCF and have no financial obligation to pay for hospice

Advance health directives
Chapter 765, Florida Statutes is legislation regarding health care advance directives, to ensure that an incapacitated person's decisions about health care will still be respected. State rules 58A-2.0232,59A-3.254, 59A-4.107.59A-8.0245, and 59A-12.013, Florida Administrative Code, require that hospitals, nursing homes, home health agencies, hospices, and health maintenance organizations (HMOs) provide their patients with written information concerning health care advance directives.

Do not resuscitate order
Chapter 64E-2.031, Florida Administrative Code, is legislation regarding the Do Not Resuscitate Order (DNRO), form 1896 (revised December 2002), often referred to as the “yellow form” because it must be either the original on canary-yellow paper, or a copy made onto similar yellow-colored paper. It must be signed by an individual or the individual's health care representative and the individual's physician. While earlier forms will be recognized, it's recommended that patients obtain and complete this form. The Florida DNRO is recognized only in Florida. The bottom of the yellow form has a “patient identification device” that can be removed from the form, completed, and laminated to be carried by the individual. It is equally valid to the DNRO form 1896. The DNRO should be prominently displayed in the home. It is also advised that the patient identification device be displayed in a bracelet, for example, rather than in a wallet or purse, as emergency medical personnel aren't likely to have the time to look for the DNRO identification device before beginning resuscitation.

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The DNR needs to be signed by both the patient, or the patient's representative and the patient's physician.

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