The proposed rule is to update rule language to include the revised Nursing Home Gold Seal Application and include a timeframe for current requirement for the Gold Seal Award.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-4.201Gold Seal Award

PURPOSE AND EFFECT: The proposed rule is to update rule language to include the revised Nursing Home Gold Seal Application and include a timeframe for current requirement for the Gold Seal Award.

SUMMARY: The Nursing Home Gold Seal Application will be revised to limit the number of supplemental information submitted. A technical change will be made to correct a statutory reference on the application. The rule language is amended to include timeframe periods for the following current requirements: consumer satisfaction process, family and community involvement in the community and targeted in-service training.

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: No SERC was prepared, the Agency prepared a checklist for the 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.

RULEMAKING AUTHORITY: 400.235, FS.

LAW IMPLEMENTED: 400.235, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 27, 2016, 10:30 a.m. – 12:00 p.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room D, Tallahassee, Florida 32308

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jacqueline Williams, Long Term Care Unit, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #33, Tallahassee, FL 32308 or email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-4.201 Gold Seal Award.

(1) To be considered for recommendation for a Gold Seal Award, a nursing home licensee must submit to the Agency’s Long Term Care Unit:

(a) A letter of recommendation;

(b) A completed Application for Nursing Home Gold Seal Award, AHCA Form 3110-0007, September 2016 October 2014, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05899. Copies of this form may be obtained from the Agency for Health Care Administration, Long Term Care Unit, 2727 Mahan Drive, MS #33, Tallahassee, FL 32308 or from the Agency website at http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Long_Term_Care/GovernorPanel/GPELTC.shtml;

(c) The financial documentation required by Rule 59A-4.203, F.A.C.; and,

(d) The following items must be provided for the period of 30 months preceding application for the Gold Seal Award:

1. The consumer satisfaction process and demonstrate elicited information from residents and their family members about satisfaction with the facility;

2. The evidence of families and members of the community’s involvement in the facility; and,

3. The targeted in-service training in the facility.

(e)(d) The stable workforce documentation required by Rule 59A-4.204, F.A.C.

(2) During the effective dates of the award, a nursing home licensee may use the Gold Seal designation in facility advertising and marketing. All advertising and marketing of the Gold Seal designation must include the range of dates for which the Gold Seal was awarded and shall only represent the facility to which it has been designated. Within 90 days after termination or expiration of the Gold Seal award, the Gold Seal designation must be removed from all advertising and marketing materials.

Rulemaking Authority 400.235(9) FS. Law Implemented 400.235 FS. History‒New 8-21-01, Amended 5-15-07, 10-29-15, _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jacqueline Williams

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 26, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 13, 2016