Definitions, Licensure Requirements, Licensure Procedure, Personnel, Clinical Records, Advance Directives, Emergency Management Plans

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NOS.:RULE TITLES:

59A-8.002Definitions

59A-8.003Licensure Requirements

59A-8.004Licensure Procedure

59A-8.0095Personnel

59A-8.022Clinical Records

59A-8.0245Advance Directives

59A-8.027Emergency Management Plans

NOTICE OF CORRECTION

Notice is hereby given that the following correction has been made to the proposed rule in Vol. 39, No. 27, February 8, 2013 issue of the Florida Administrative Register.

The corrections are made based on comments received from the Joint Administrative Procedures Committee’s attorney. The Notice of Proposed Rule is being corrected as listed below:

1. The following summary of the statement of estimated regulatory costs for proposed rule revisions to Rule 59A-8.003, F.A.C., is added:

Paragraph 59A-8.003(11) updates the biennial license fee amount from $1,660 to $1,705 due to the consumer price index increase that was implemented August 1, 2010 as required in 408.805(2), F.S. This was a $45 increase per home health agency. Home health agencies have been paying $1,705 for the two-year license since that date. The projected cost of the $45 fee increase over a five year period for 4,998 home health agency licenses is $224,919.

Paragraph 59A-8.003(6)(c), required by 400.497(6), F.S., states that home health agencies that are changing ownership must demonstrate compliance with state laws by an unannounced inspection not more than 24 months prior to submission of the application for a new license for the buyer. The Agency reviewed the time frames of the most recent unannounced survey for those home health agencies that changed ownership in 2010 and 2011. Shorter time frames were considered. However, the Agency found that when the time frame is 24 months, all of the home health agencies had been surveyed within that time frame. Thus, the Agency projects that there will be no costs to home health agencies changing ownership since the proposed rule uses 24 months as the time period.

Paragraph 59A-8.003(8) adds a sentence that permits home health agencies to train staff at their drop-off sites if they wish to do so. This saves money for home health agencies since they can use their existing space and not have to arrange or pay for other space. Paragraph 59A-8.003(9) deletes the requirements for changes of address since those requirements are now in 59A-35.040. The remaining revisions make other minor updates including web site addresses, the name of the Agency’s licensing unit, and the numbering of sections of law that do not change the requirements or add costs to home health agencies.

2. The Agency has determined that the proposed rule revisions do not require legislative ratification based on the statements of estimated regulatory costs prepared for revisions to 59A-8.003 and 59A-8.0095 and completion of the checklist provided to state agencies to determine whether a statement of estimated regulatory costs is required for revisions to 59A-8.002, 59A-8.004, 59A-8.022, 59A-8.0245, and 59A-8.027. The rule revisions are not likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule. The rule revisions are also not likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule. In addition, the rule is not likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule.