Increases the amount of income that residents of the State Veterans’ Nursing Homes may retain for their personal use from $35 per month to $105 per month, consistent with the legislative change to Section 296.37, Florida Statutes (See Chapter 2014-...

 

DEPARTMENT OF VETERANS’ AFFAIRS

RULE NO.:RULE TITLE:

55-12.006Residents’ Contribution to Cost of Care

PURPOSE AND EFFECT: Increases the amount of income that residents of the State Veterans’ Nursing Homes may retain for their personal use from $35 per month to $105 per month, consistent with the legislative change to Section 296.37, Florida Statutes (See Chapter 2014-53, s. 11, Laws of Florida).

SUMMARY: Resident contribution to the cost of care at the State Veterans’ Nursing Home.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The amendment also does not directly or indirectly have an adverse impact on economic growth, private sector job creation or employment, or private sector investment, business competitiveness or innovation or increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 292.05(3) FS.

LAW IMPLEMENTED: 296.37(3) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Darryl Griffin at [phone], x7713. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Darryl Griffin at [phone], x7713

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

55-12.006 Residents’ Contribution to Cost of Care.

(1) Every resident who receives income from any source, including pension, compensation or gratuity from the United States government of more than $105.00 $35.00 per month, shall contribute to his or her cost of care while a resident of the home to the fullest extent possible.

(a) Income from any source is income over which the resident has control and can exercise discretion. It does not include taxes or other expenses necessary for the production of the income.

(b) Pension, compensation or gratuity from the United States Government is the amount paid to the resident as a single person. Additional amounts paid for the support of a spouse or other dependents are not considered.

(c) A resident’s income shall include all income from any source, plus any pension, compensation or gratuity from the United States Government, minus $105.00 $35.00. Upon the recommendation of the Administrator, and with the approval of the Director, a resident will be allowed to retain some additional amount on a temporary basis, when necessary due to exceptional or unusual personal health needs of the resident.

(2) through (7) No change.

Rulemaking Specific Authority 296.34(3) FS. Law Implemented 296.37 FS. History–New 5-23-93, Amended 12-27-98, 7-26-00, 6-10-08,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: David Herman, FDVA General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 13, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2014