The Department of Elder Affairs, in consultation with the Agency for Health Care Administration, the Department of Children and Families, and the Department of Health, announces the convening of a negotiated rulemaking proceeding addressing assisted ...

DEPARTMENT OF ELDER AFFAIRS
Federal Aging Programs

RULE NO.: RULE TITLE:
58A-5.0131: Definitions
58A-5.014: License Application, Change of Ownership, and Provisional Licenses
58A-5.015: License Renewal and Conditional Licenses
58A-5.016: License Requirements
58A-5.0161: Inspection Responsibilities
58A-5.0181: Admission Procedures, Appropriateness of Placement and Continued Residency Criteria
58A-5.0182: Resident Care Standards
58A-5.0185: Medication Practices
58A-5.0186: Do Not Resuscitate Orders (DNROs)
58A-5.019: Staffing Standards
58A-5.0191: Staff Training Requirements and Competency Test
58A-5.020: Food Service Standards
58A-5.021: Fiscal Standards
58A-5.023: Physical Plant Standards
58A-5.024: Records
58A-5.0241: Adverse Incident Report
58A-5.0242: Liability Claim Report
58A-5.025: Resident Contracts
58A-5.026: Emergency Management
58A-5.029: Limited Mental Health
58A-5.030: Extended Congregate Care Services
58A-5.031: Limited Nursing Services
58A-5.033: Administrative Enforcement

PURPOSE AND EFFECT: The Department of Elder Affairs, in consultation with the Agency for Health Care Administration, the Department of Children and Families, and the Department of Health, announces the convening of a negotiated rulemaking proceeding addressing assisted living facility regulation. The purpose of the negotiated rulemaking is to draft mutually acceptable proposed rules addressing the safety and quality of services and care provided to residents within assisted living facilities while being mindful of unnecessary increases in regulation given the many variations in services provided, the number of residents or size of the facility, and the makeup of resident populations in the facilities.

SUBJECT AREA TO BE ADDRESSED: The subject and scope of the rules to be developed through negotiated rulemaking will address the following areas: Educational Requirements, Training, and Competency Exams for Administrators and Managers; Training for Staff; Core Trainers; Training Accessibility; Data Collection; Medication practices; Emergency management; Licensing and services provided for limited nursing services, limited mental health, and extended congregate care designations; Deletion of duplicative rules; and, Revision of rules as needed based on legislative changes.

RULEMAKING AUTHORITY: 429.178, 429.23, 429.24, 429.255, 429.256, 429.27, 429.275, 429.31, 429.41, 429.42, 429.44, 429.52, 429.54 FS.
LAW IMPLEMENTED: Part I, Assisted Living Facilities, Chapter 429, Florida Statutes, with specific sections to be determined during the negotiated rulemaking.

NEGOTIATED RULEMAKING COMMITTEE: The negotiated rulemaking committee members have been selected from various representative groups that have been invited to participate in the negotiated rulemaking process. The rulemaking committee members are as follows:

1.Robert Anderson2.              C. Anne Avery, RN, LNC

Director, Adult Protective Services              Bureau of Field Operations

Dept. of Children and Families              Agency for Health Care Administration

1317 Winewood Boulevard, Building 6, Floor 3              2727 Mahan Drive

Tallahassee, FL 32399              Tallahassee, FL 32308

[phone]              [phone]

 

3.Jackie Beck4.              Carol Berkowitz, Esq.

Chief, Adult Mental Health              Sr. Director, Regulatory and Legal Affairs

Dept. of Children and Families              LeadingAge Florida

Mental Health Program Office              1812 Riggins Road

1317 Winewood Boulevard, Building 6, #287              Tallahassee, FL 32308

Tallahassee, FL 32399                            [phone]

[phone]

 

5.John Bixler, RN6.              Jim Crochet

Chief, Emergency Medical Services              State Long-Term Care              Dept. of Health Ombudsman

Emergency Medical Operations              Dept. of Elder Affairs

4025 Esplanade Way, Bin #C28              4040 Esplanade Way

Tallahassee, FL 32399-1746              Tallahassee, FL 32399

[phone]              [phone]

 

7.Alberta Granger8.              Lee Ann Griffin

Director, Professional Development              Director, Quality and Regulatory Florida Assisted Living

2447 Millcreek Court, Ste. 3              Association Services

Tallahassee, FL 32308              Florida Health Care Association

[phone]              P.O. Box 1459

              Tallahassee, FL 32302-1459

              [phone]

 

9.Shad Haston, Esq.10.              Teresa Jackson, MSW

Unit Manager, Assisted Living Unit              Certified Geriatric Care Manager

Bureau of Long-Term Care Services              Aging Care Advocates

Agency for Health Care Administration               101 American Center Place, Suite 210

2727 Mahan Drive, Mail Stop #30              Tampa, FL 33619

Tallahassee, FL 32308              [phone]

[phone]

 

11.Gail Matillo12.              Susan Rice, Esq.

Director, Elder Housing Unit              Asst. General Counsel

Dept. of Elder Affairs              Dept. of Elder Affairs

4040 Esplanade Way              4040 Esplanade Way, Ste. 315

Tallahassee, FL 32399-7000              Tallahassee, FL 32399-7000

[phone]              [phone]

 

13.Mary Romelfanger, RN, MSN

V.P. for Credentialing, Certification Mngmt. Group

Professional Testing, Inc.

7680 Universal Boulevard, Ste. 300

Orlando, FL 32819

[phone]

If you believe that your interests are not adequately represented by the committee members listed above, you may apply to participate within 30 days of the date of publication of this notice. Your application must contain the following information: your name, business address, and telephone number; the name of any organization you are representing; a description of the organization or the members of the organization; a description of how the proposed rulemaking proceeding will affect parties that you represent; a statement identifying the reasons why you believe the committee members listed above will not adequately represent your interests; and a statement that you are willing to negotiate in good faith and can attend the scheduled meetings. Please submit your application to: Susan Rice, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, Email address: [e-mail].

NEGOTIATED RULEMAKING COMMITTEE MEETINGS: The work of the negotiated rulemaking committee shall be completed by August 15, 2012. The committee shall meet at the following dates, times, and places to discuss rule development:

June 5, 9:00 a.m. – 4:00 p.m., Dept. of Elder Affairs, 4040 Esplanade Way, Room 225F, Tallahassee, FL 32399

June 12, 9:00 a.m. – 3:30 p.m., Dept. of Elder Affairs, 4040 Esplanade Way, Room 225F, Tallahassee, FL 32399

June 26, 9:00 a.m. – 3:30 p.m., Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, FL 32308

The following meeting dates are tentative; any changes will be noticed:

July 10, 9:00 a.m. – 3:30 p.m., Dept. of Elder Affairs, 4040 Esplanade Way, Room 225F, Tallahassee, FL 32399

July 17, 9:00 a.m. – 3:30 p.m., Dept. of Elder Affairs, 4040 Esplanade Way, Room 225F, Tallahassee, FL 32399

August 7, 9:00 a.m. – 3:30 p.m., Dept. of Elder Affairs, 4040 Esplanade Way, Room 225F, Tallahassee, FL 32399

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 72 hours before the workshop/meeting by contacting: Demetria Ross, Dept. of Elder Affairs, [phone], [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Susan Rice, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, Telephone Number: [phone], Email address: [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.