The purpose of this rulemaking is the repeal of Rule 69L-10.0165, F.A.C. The effect is the elimination of a rule that offers no practical application.

 

DEPARTMENT OF FINANCIAL SERVICES
Division of Worker's Compensation

RULE NO.:RULE TITLE:
69L-10.0165On-site Audit Criteria
PURPOSE AND EFFECT: The purpose of this rulemaking is the repeal of Rule 69L-10.0165, F.A.C. The effect is the elimination of a rule that offers no practical application.
SUMMARY: Rule 69L-10.0165, F.A.C., provides guidance relating to the on-site audit of entities making claims for reimbursement against the Special Disability Trust Fund. The Division of Workers’ Compensation continually audits such claims in-house in a process that ensures there is no reimbursement of claims without sufficient documentation. The rule is unnecessary and is repealed.
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: it is unnecessary to conduct on-site audits of entities making claims for reimbursement against the Special Disability Trust Fund. Such audits are conducted in-house by the staff of the Division of Workers’ Compensation in the normal course of the claims review process. No reimbursement is made prior to establishing sufficient documentation for such claims. There are no costs associated with the repeal of Rule 69L-10.0165, F.A.C., as the existing audit practices of the SDTF will remain unchanged.
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: 440.49(7) FS.
LAW IMPLEMENTED: 440.49(7) 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: Tuesday, April 2, 2013, 10:30 a.m.
PLACE: 102 Hartman Building, 2012 Capital Circle Southeast, Tallahassee, Florida
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 5 days before the workshop/meeting by contacting: Kelly Fitton @ [phone] or [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 IS: Kelly Fitton, Manager, Special Trust Fund, Division of Workers’ Compensation, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399, [phone] or [e-mail] .

THE FULL TEXT OF THE PROPOSED RULE IS:

69L-10.0165 On-site Audit Criteria.

Rulemaking Specific Authority 440.49(7) FS. Law Implemented 440.49(7) FS. History–New 12-8-98, Formerly 38F-10.0165, 4L-10.0165, Repealed__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Kelly Fitton, Manager, Special Trust Fund, Division of Workers’ Compensation, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 14, 2013