The Agency is proposing to amend this rule to reference the Florida Building Code as it relates to licensing and extended congregate care policies.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.: RULE TITLE:

59A-36.021: Extended Congregate Care Services

PURPOSE AND EFFECT: The Agency is proposing to amend this rule to reference the Florida Building Code as it relates to licensing and extended congregate care policies.

SUMMARY: Rule 59A-36.021 outlines the requirements to establish extended congregate care services for assisted living facilities. The Agency is proposing to amend this rule to reference the Florida Building Code as it relates to licensing and extended congregate care policies.

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: A SERC has not been prepared by the agency. For rules listed where no SERC was prepared, the Agency prepared a checklist for each rule to determine the necessity for a SERC. Based on this information at the time of the analysis and pursuant to section 120.541, Florida Statutes, the rule will not require legislative ratification.

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: 429.07, 429.41 FS.

LAW IMPLEMENTED: 429.07, 429.255, 429.26, 429.28, 429.41 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 19, 2022, from 10:00am – 11:00am

PLACE: No public face-to-face meeting. This hearing will be conducted via teleconference. Participate by dialing the Open Voice conference line, 1(888)585-9008, then enter the conference room number followed by the pound sign, 998-518-088#. The agenda and related materials can be found on the web at:

https://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Rulemaking.shtml

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 3 days before the workshop/meeting by contacting: Keisha Woods, Bureau of Health Facility Regulation, 2727 Mahan Drive, Tallahassee, Florida, [phone].. 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: Keisha Woods at [phone] or email at: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-36.021 Extended Congregate Care Services.

(1) LICENSING.

(a) No change

(b) Only the portion of a facility that meets the physical requirements for extended congregate care of Chapter 4, Section 464 of the Florida Building Code as adopted in Rule 61G20-1.001, F.A.C. subsection (3), and is staffed in accordance with subsection (3) (4), is considered licensed to provide extended congregate care services to residents who meet the admission and continued residency requirements of this rule.

(2) EXTENDED CONGREGATE CARE POLICIES. Policies and procedures established through extended congregate care services must promote resident independence, dignity, choice, and decision-making. The facility must develop and implement specific written policies and procedures that address:

(a) Aging in place;

(b) The facility’s residency criteria developed in accordance with the admission and discharge requirements described in subsection (4) (5), and extended congregate care services listed in subsection (7) (8);

(c) through (g) no change

(3) through (5) no change

(6) SERVICE PLANS.

(a) No change

(b) Within 14 days of receiving services, the extended congregate care administrator or manager must coordinate the development of a written service plan that takes into account the resident’s health assessment obtained pursuant to subsection (5) (6); the resident’s unique physical, psychological and social needs and preferences; and how the facility will meet the resident’s needs including the following if required:

1. through 8. No change

(c) through (d) no change

(7) through (9) no change

(10) This rule is in effect for five years from its effective date.

Rulemaking Authority 429.07, 429.41 FS. Law Implemented 429.07, 429.255, 429.26, 429.28, 429.41 FS. History–New 9-30-92, Formerly 10A-5.030, Amended 10-30-95, 6-2-96, 4-20-98, 11-2-98, 10-17-99, 7-30-06, 4-17-14, 5-10-18, Formerly 58A-5.030, Amended 9-9-21                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Keisha Woods

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Simone Marstiller

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 6/07/2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 3/17/2022