The purpose of the proposed rule amendments is to update the licensure rule regarding transitional living facilities (TLFs) and to include physical plant standards for TLFs.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NOS.:RULE TITLES:

59A-17.102Licensure

59A-17.119Facility Life Safety and Building Code Requirements

PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to update the licensure rule regarding transitional living facilities (TLFs) and to include physical plant standards for TLFs.

SUMMARY: The purpose of the proposed amendments is to incorporate updates to citations and references as necessary. The Agency proposes to amend Rule 59A-17.102, F.A.C., to conform the rule to the licensing requirements in Chapter 408, Part II, F.S., and correct technical errors. Rule 59A-17.119, F.A.C., is amended to include physical plant standards for TLFs, as required by statute.

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.

Based on this information at the time of analysis and pursuant to Section 120.541, F.S., the rules will not require legislative ratification.

Statement of estimated regulatory costs has been prepared for proposed Rule 59A-17.102, F.A.C., and is available from the person to be contacted regarding this rule listed below. The following is a summary of the SERC:

For proposed rule subsection 59A-17.102(1), F.A.C., license fees are increased by the Consumer Price Index pursuant to Section 408.805(2), F.S. The biennial licensure fee will increase by $588 and an increase of $11.50 to the per bed licensure fee. Based on the number of currently licensed facilities the total impact over 5 years will be $23,758. There is no projected growth in licensees.

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 Rule 59A-17.102, F.A.C. For Rule 59A-17.119, 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, 408.819 FS.

LAW IMPLEMENTED: 400.805, 408.805 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: April 22, 2014, 10:00 a.m. – 11:00 a.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room B, Tallahassee, FL 32308-5407

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jacqueline Williams, Division of Health Quality Assurance, 2727 Mahan Drive, MS#33, Tallahassee, Florida 32308, Phone: [phone], Email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-17.102 Licensure.

(1) An initial, renewal, or change of ownership applicant for licensure as a transitional living facility shall use An application for a license shall be made on form AHCA Form 3110-9001, September 2013 Aug., 1993, which is incorporated by reference. This form can be obtained by written request addressed to Agency for Health Care Administration, Long Term Care Section, 2727 Mahan Drive, Tallahassee, Florida 32308 or online at http://ahca.myflorida.com/MCHQ/Corebill/index.shmtl. The license application shall be accompanied by the nonrefundable base biennial license fee of $4,588.00 2,000.00, plus $90.00 39.25 per bed and shall conform to the annual adjustment authorized in Section 408.805, F.S. An application for a license with said fee shall also be filed in any of the following situations:

(a) Renewal of license at least 90 days prior to expiration;

(b) Initial licensure of a new owner or of an entity to which ownership of a facility is transferred.

(2) The license shall be returned to the Agency for Health Care Administration within ten days when there is a change of ownership, revocation, or voluntary cessation.

(3) Facilities which change location or number of beds shall notify the agency 60 days prior to the change.

(2)(4) Prior to issuance of the initial license for a transitional living facility, the Agency for Health Care Administration shall receive notification from the Brain and Spinal Cord Injury Program with the Department of Health Division of Vocational Rehabilitation that the facility meets the service requirements adopted by the Division as required in Section 400.805(2)(c) Chapter 413.49(6), Florida Statutes.

(5) When the name of the facility is changed, a letter giving the old and new names shall be sent to the Agency for Health Care Administration notifying the agency of the name change. The letter shall be accompanied by a completed application.

Rulemaking Specific Authority 400.805(5)(a), (b), 408.819 FS. Law Implemented 400.805(5)(a), (b), 408.805, 408.819 FS. History–New 9-28-92, Amended 10-19-94, 5-24-98,__________.

 

59A-17.119 Facility Life Safety and, Building Code Requirements and Physical Plant Standards.

(1) The facility must shall ensure the health, safety, and well-being of residents. The facility must shall make available proof of compliance with local codes and ordinances governing fire and safety standards.

(2) The licensee must provide a safe, clean, comfortable, and homelike environment, which allows the resident to use his or her personal belongings to the extent possible.

(3) Each transitional living facility licensee must establish and implement written policies designed to maintain the physical plant and overall transitional living facility environment to assure the safety and well-being of residents.

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: January 9, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 6, 2013