Definitions, License Application, Change of Ownership, and Provisional Licenses, License Renewal and Conditional Licenses (Repealed), License Requirements, Inspection Responsibilities, Admission Procedures, Appropriateness of Placement and Continued ...  

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    DEPARTMENT OF ELDER AFFAIRS

    Federal Aging Programs

    RULE NOS.:RULE TITLES:

    58A-5.0131Definitions

    58A-5.014License Application, Change of Ownership, and Provisional Licenses

    58A-5.015License Renewal and Conditional Licenses

    58A-5.016License Requirements

    58A-5.0161Inspection Responsibilities

    58A-5.0181Admission Procedures, Appropriateness of Placement and Continued Residency Criteria

    58A-5.0182Resident Care Standards

    58A-5.0185Medication Practices

    58A-5.0186Do Not Resuscitate Orders (DNROs)

    58A-5.019Staffing Standards

    58A-5.0191Staff Training Requirements and Competency Test

    58A-5.0194Alzheimer’s Disease or Related Disorders Training Provider and Curriculum Approval

    58A-5.020Food Service Standards

    58A-5.021Fiscal Standards

    58A-5.023Physical Plant Standards

    58A-5.024Records

    58A-5.0241Adverse Incident Report

    58A-5.0242Liability Claim Report

    58A-5.025Resident Contracts

    58A-5.026Emergency Management

    58A-5.029Limited Mental Health

    58A-5.030Extended Congregate Care Services

    58A-5.031Limited Nursing Services

    58A-5.033Administrative Enforcement

    58A-5.035Waivers

    Notice is hereby given that the following corrections have been made to the Notice of Proposed Rule, published on November 27, 2013 in Volume 39, Issue 231 of the Florida Administrative Register. These corrections do not affect the substance of the proposed rules as they appeared in the Florida Administrative Register.

    The Department has prepared a Statement of Estimated Regulatory Costs (“SERC”) for Rule 58A-5.0191, Florida Administrative Code, in accordance with Section 120.541(2), Florida Statutes. A copy of the SERC is available at: http://elderaffairs.state.fl.us/doea/alf_rulemaking.php. Any person who wishes to provide the agency with information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative as provided by Section 120.541(1), F.S., must do so in writing within 21 days after publication of the notice.

    The following is a summary of the SERC:

    •      The Department has determined that one of the proposed rules, 58A-5.0191, must be ratified by the Legislature in accordance with Section 120.541, Florida Statutes, because it is likely to increase regulatory costs by more than $1 million over the next five years. The rule imposes regulatory costs by increasing the amount of training required for ALF administrators and managers from 26 to 40 hours, and by increasing the amount of continuing education required for ALF administrators and managers from 12 hours every two years to 18 hours every two years. Based upon an analysis of the criteria contained in Section 120.541, Florida Statutes, the Department has determined that the remainder of the proposed rules published by the Department do not impose regulatory costs in excess of $1 million, and therefore are not required to be ratified by the Legislature.
    •      The number of individuals and entities likely to be impacted within the first five years after implementation of the rule include: 9,646 prospective administrators and managers that are expected to apply for training and 5,131 administrators and managers that are expected to participate in continuing education
    •      While proposed Rule 58A-5.0191 is anticipated to have a financial impact on the state’s private sector, the proposed amendments to rule Chapter 58A-5 are not expected to require the expenditure of state funds, will not negatively impact the delivery of services by state agencies, and will not otherwise divert state resources.
    •      Although data indicates that the vast majority of the state’s assisted living facilities qualify as “small businesses” as defined in to Section 288.703, Florida Statutes, the proposed changes to rule Chapter 58A-5 do not disproportionately affect small businesses in the state.
    •      There will be no impact on small counties or small cities as defined in Section 120.52, Florida Statutes.