Definitions, Licensure Procedure, Fees and Exemptions, Classification of Deficiencies, Responsibilities for Operation, Fiscal Standards, Admission Policies and Requirements, Personnel Standards, Training, Habilitation, Active Treatment Professional, ...  

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    AGENCY FOR HEALTH CARE ADMINISTRATION

    Health Facility and Agency Licensing

    RULE NOS.:RULE TITLES:

    59A-26.001Definitions

    59A-26.002Licensure Procedure, Fees and Exemptions

    59A-26.003Classification of Deficiencies

    59A-26.004Responsibilities for Operation

    59A-26.005Fiscal Standards

    59A-26.006Admission Policies and Requirements

    59A-26.007Personnel Standards

    59A-26.008Training, Habilitation, Active Treatment Professional, and Special Programs and Services

    59A-26.009Dietary Services

    59A-26.010Dental Services

    59A-26.011Psychological Services

    59A-26.012Drugs and Pharmaceutical Services

    59A-26.013Administration of Medications to ICF/DD Residents by Unlicensed Medication Assistants

    59A-26.014Training and Validation Required for Unlicensed Medication Assistants

    59A-26.015Plant Maintenance and Housekeeping

    59A-26.016Fire Protection, Life Safety, Systems Failure and External Emergency Communication

    59A-26.017Plans Submission and Fees Required

    59A-26.018Physical Plant Codes and Standards for ICF/DD

    59A-26.019Construction and Physical Environment Standards

    59A-26.020Disaster Preparedness

    NOTICE OF CORRECTION

    Notice is hereby given that the following correction has been made to the proposed rule in Vol. 40, No. 247, December 23, 2014 issue of the Florida Administrative Register.

    The following sections of the Notice should be corrected to read:

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will 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 been prepared by the Agency.

    Statements of estimated regulatory costs have been prepared for proposed rule revisions in Rules 59A-26.002, 59A-26.007 and 59A-26.019, F.A.C., and are available from the person listed below. The following is a summary of the SERCs:

     

    For proposed Rule 59A-26.002, F.A.C., license fees are increased by the Consumer Price Index pursuant to Section 408.805(2), F.S. The biennial license fee will increase by $21.88 per bed. Based on the number of currently licensed facilities, the total regulatory impact for a 5 year period is $159,286.40.

     

    For proposed rule Rule 59A-26.007, F.A.C., subsection (7) requires the licensee to ensure that 50% of its staff on duty at all times are certified in cardio-pulmonary resuscitation (CPR) and received basic first aid training. Section 483.420(d)(3), C.F.R., mandates the staffing ratio for ICF is 1 to 3.2 residents. The average number of beds in an ICF is 28 beds; this averages out to 9 staff per ICF of which 50% or 5 staff that must receive training. The CPR/First Aid training is $58.00 for a two-year certification so the average cost is $290 per facility. Based on the number of currently licensed facilities, the total regulatory impact for a 5 year period is $73,225.

     

    For proposed Rule 59A-26.019, F.A.C., construction and physical environment standards for intermediate care facilities for the developmentally disabled are being updated to bring the requirements for any newly constructed facilities or changes in current facilities in line with the standards for nursing homes which are a similar facility type housing similar residents that receive chronic, skilled/acute nursing or medical care. subparagraph 59A-26.019(2)(h)2., F.A.C., increases area required for each bed by 25 square feet and subparagraph 59A-26.019(7)(b)5., F.A.C., requires exterior units to be impact-rated according to the high velocity hurricane zone (HVHZ). The cost to comply with the new standards is $168,000.

     

    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: A SERC has been prepared by the agency for Rules 59A-26.002, 59A-26.007 and 59A-26.019, F.A.C. For rules listed where no SERC was prepared, the Agency prepared a checklist for each rule to determine the necessity for a SERC.

     

    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.