The purpose is to revise an outdated rule reference and remove language that suggests that these are Agency requirements.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-17.118Dietary and Nutrition Services

PURPOSE AND EFFECT: The purpose is to revise an outdated rule reference and remove language that suggests that these are Agency requirements.

SUMMARY: The Agency proposes to amend subsection 59A-17.118(1), F.A.C. to update the reference from Rule 10D-23.006 to Rule 64E-12.004, F.A.C. and to delete language stating that the facility shall comply with these requirements.

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: A SERC has not been prepared by the agency. For Rule 59A-17.118, F.A.C., a checklist was prepared to determine the need for a SERC. Based on this information at the time of the analysis and pursuant to Section 120.541, F.S., the rule will not require legislative ratification.

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: 400.805 FS.

LAW IMPLEMENTED: 400.805 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 (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Wednesday, January 7, 2014, 9:30 a.m.

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

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 7 days before the workshop/meeting by contacting: Terrosa Buie, Bureau of Health Facility Regulation, 2727 Mahan Drive, Mail Stop #33, Tallahassee, Florida, [phone]. 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: Jacqueline Williams, Long Term Care Unit, Agency for Health Care Administration, 2727 Mahan Drive, MS #33, Tallahassee, Florida 32308, Email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-17.118 Dietary and Nutrition Services.

(1) The facility shall ensure proper nutritional care for its residents, whether provided by the facility or a third party, and. The facility shall provide education and training in proper nutrition and the planning and preparation of meals consistent with the individualized resident rehabilitation plan as required by Rule 64E-12.004. The facility shall comply with Rule 10D-23.006, F.A.C.

(2) The Recommended Dietary Allowances established by the Food and Nutrition Board–National Research Council, adjusted for age, sex, and activity level, shall be the standard used to evaluate meals.

(3) No more than 14 hours shall lapse between the end of an evening meal and the beginning of the following morning meal containing a protein food. Intervals between other meals shall be not less than four hours no more than 6 hours.

(4) Menus shall be dated, corrected as served and kept on file for 6 months.

(5) A one week supply of non-perishable food based on the number of weekly meals the facility has contracted to serve, shall be on hand at all times.

Rulemaking Specific Authority 400.805 FS. Law Implemented 400.805 FS. History–New 9-28-92, Amended 10-19-94,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jacqueline M. Williams

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 1, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 18, 2014