The purpose and effect of the proposed rulemaking is to repeal Rule 59A-27.003, F.A.C. This rule is no longer needed since the requirements are now in state law.

AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing

RULE NO.: RULE TITLE:
59A-27.003: Inspections
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to repeal Rule 59A-27.003, F.A.C. This rule is no longer needed since the requirements are now in state law.
SUMMARY: Rule 59A-27.003, F.A.C., states that AHCA employees shall have access to health care services pool offices and records to conduct investigations as are necessary. The requirements are now in Section 408.811, Florida Statutes. Therefore, the rule needs to be repealed.
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: Rule 59A-27.003, F.A.C., paraphrases the requirements for access to offices and records to conduct investigations that are already stated in Section 408.811, F.S., for all facilities licensed by the Agency, including health care services pools. The removal of the rule adds no costs to health care services pools since the existing requirements remain in the state law.
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: 400.980 FS.
LAW IMPLEMENTED: 400.980 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anne Menard, Home Care Unit, Bureau of Long Term Care Services, AHCA, 2727 Mahan Drive, Mail Stop 34, Tallahassee, FL 32308, [e-mail], [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-27.003 Inspections.

Rulemaking Specific Authority 400.980 FS. Law Implemented 400.980 FS. History–New 8-2-90, Amended 8-12-91, Formerly 7G-1.011, 61E6-1.011, 64B22-1.003, Amended 6-27-02, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Anne Menard
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 13, 2012