The purpose and effect of the proposed rule amendments are to delete specific language regarding licensure and background screening requirements. These specific requirements are included under the Agency for Health Care Administration’s (AHCA) core ...

DEPARTMENT OF ELDER AFFAIRS
Federal Aging Programs

Rule No.: RULE TITLE
58A-6.003: Licensure Application Procedures
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments are to delete specific language regarding licensure and background screening requirements. These specific requirements are included under the Agency for Health Care Administration’s (AHCA) core licensure and background screening statutes and rules, which are referenced in these rule amendments.
SUBJECT AREA TO BE ADDRESSED: These rule amendments delete specific language regarding licensure and background screening requirements, which are included under AHCA’s core licensure and background screening statutes and rules.
SPECIFIC AUTHORITY: 429.929 FS.
LAW IMPLEMENTED: 429.909, 429.913(1)(b), 429.919, 429.929 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: December 14, 2010, 12:30 p.m. – 1:00 p.m.
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 225F, Tallahassee, FL 32399-7000
IF NOT REQUESTED IN WRITING BY DECEMBER 8, 2010, A RULE DEVELOPMENT WORKSHOP WILL NOT BE CONDUCTED.
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 72 hours before the workshop/meeting by contacting: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Suite 315, Tallahassee, FL 32399-7000; Telephone number: [phone]; Email address: [e-mail]. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Suite 315, Tallahassee, FL 32399-7000; Telephone number: [phone]; Email address: [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

58A-6.003 Licensure Application Procedures.

(1) All adult day care centers, as defined in Section 429.901, F.S., shall be licensed by the Agency for Health Care Administration (AHCA), unless otherwise exempt as provided in Sections 429.905 and 429.907(4), F.S., as listed below:

(a) Any facility, institution, or other place that is operated by the federal government or any agency thereof.

(b) A licensed assisted living facility, licensed hospital, or licensed nursing home facility which does not hold itself out to the public as an adult day care center.

(2) In accordance with Section 429.907(4), F.S., county-operated or municipally operated centers applying for licensure under this part shall be exempt from the payment of license fees.

(2)(3) An applicant for an adult day care center license should be aware that tThe Agency shall only grant a biennial license to the an applicant center if it is in compliance with the minimum standards set forth in Chapters 408, Part II and 429, Part III, F.S., this rule, and Rule 59A-35.060, F.A.C.

(4) A license issued for the operation of a center, unless sooner suspended or revoked, shall expire two years from the date of issuance.

(3)(5) Owners or operators of adult day care centers subject to licensure should be aware that they should shall submit a completed application package for a license pursuant to Rule 59A-35.060, F.A.C. through the Agency for Health Care Administration, 2727 Mahan Dr., Tallahassee, FL 32308. The Licensure Application for Adult Day Care Center, ADCC Form-1, dated December 2003, which is incorporated by reference, may be obtained from the Agency for Health Care Administration, Adult Day Care Program, 2727 Mahan Drive, Tallahassee, Florida 32308. The application package may be also obtained from the AHCA Website at: http://ahca.myflorida.com/MCHQ/Long_Term_Care/Assisted_living/adcc.shtml. In addition to the documents required pursuant to Rule 59A-35.060, F.A.C., the applicant should be aware that a complete application package must include the following Attached to the application shall be:

(a) A check or money order made payable to the AHCA for Ppayment of the licensure fee to the Agency for Health Care Administration in the amount of. The biennial licensure fee shall be $150 per center. Each separate premise shall be licensed as a separate facility, requiring an additional license fee.

(b) No change.

(c) Proof of compliance with background screening requirements pursuant to Sections 408.809 and 429.919, F.S., and Rule 59A-35.090, F.A.C.

(4)(6) The agency shall notify a licensee electronically or by mail delivery at least 120 days before the expiration date of the center’s license. Applications for relicensure must be submitted to the agency at least 90 days before the expiration date of the existing license. Failure to file a timely renewal application will result in a fine of $75.00 pursuant to Section 429.913(1)(b), F.S., being assessed against the center.

(7) The AHCA shall schedule and conduct an assessment and evaluation survey of the applicant center, in accordance with this rule chapter.

Rulemaking Specific Authority 429.929 FS. Law Implemented 408.809, 429.909, 429.913(1)(b), 429.919, 429.929, 435.04(5) FS. History–New 7-8-81, Amended 2-27-84, Formerly 10A-6.03, 10A-6.003, 59A-16.003, Amended 11-9-95, 3-29-98, 10-23-01, 2-19-04, 6-16-08,______.