DEPARTMENT OF ELDER AFFAIRS
Federal Aging ProgramsRULE NO: RULE TITLE
58A-5.0191: Staff Training Requirements and Competency Test
58A-5.035: WaiversNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34, No. 13, March 28, 2008 issue of the Florida Administrative Weekly.
58A-5.0191 Staff Training Requirements and Competency Test.
(1) through (11) No change.
Specific Authority 429.07, 429.178, 429.41, 429.52 FS. Law Implemented 429.07, 429.075, 429.178, 429.41, 429.52 FS. History– New 9-30-92, Formerly 10A-5.0191, Amended 10-30-95, 6-2-96, 4-20-98, 11-2-98, 10-17-99, 7-5-05, 7-30-06, 10-9-06,________.
(Substantial rewording of Rule 58A-5.035 follows. See Florida Administrative Code for the present text.)
58A-5.035 Waivers.
The agency, in consultation with the department, may waive rules promulgated pursuant to Part I, Chapter 429, F.S., if the waiver request meets the conditions set forth in Section 429.41(4), F.S., and demonstrates and evaluates innovative or cost-effective congregate care alternative which will enable individuals to age in place.
(1) Application Process.
(a) No change.
(b) The written request must address the elements required in Section 429.41(4), F.S. In addition, the following information must be included in order to demonstrate how a waiver of the stated rule will permit development of a concept that will achieve the purpose of the underlying statute:.
1. through 6. No change.
(c) through (d) No change.
(2) In accordance with Section 120.542(6), F.S., the agency shall post notice of the request within fifteen (15) days of receipt of the request. The agency shall make any requests for additional information within 30 days of receipt of the request. If additional information is provided, the agency may request clarification of only that information no later than 30 days following receipt of the information. The agency must process the waiver request pursuant to the time frame referenced in Section 120.542(8), F.S. shall have no more than 90 days from the receipt of the request to enter a response to the request for waiver unless by mutual agreement of the agency and requestor.
(3) through (4) No change.
(5) Report of Findings. A facility that has been granted a waiver must submit an annual report within 12 months of the order granting the waiver as specified in Section 429.41(4)(3)(b), F.S. If the report is not submitted as required, the agency may revoke the waiver.
(a) The agency will review the report of findings to determine whether the waiver shall be renewed or revoked. The agency shall make the determination based on whether the facility has met the requirements outline in paragraph (1)(b) of this rule. The agency shall enter an order providing the general basis for making its decision and notify the licensee of its opportunity to seek review of a revocation in accordance with Sections 120.569 and 120.57, F.S. and Rule 28-106.111, F.A.C.
(b) through (d) No change.
Specific Authority 429.41 FS. Law Implemented 120.542, 429.41 FS. History–New 9-30-92, Formerly 10A-5.035, Amended 10-30-95,_________.
