The Agency proposes to revise Rules 59A-36.019 and 59A-36.025 to align language with statute regarding submission and approval of comprehensive emergency management plans (CEMP) and emergency environmental control plans, ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NOS.:RULE TITLES:

59A-36.019Emergency Management

59A-36.025Emergency Environmental Control for Assisted Living Facilities

PURPOSE AND EFFECT: The Agency proposes to revise Rules 59A-36.019 and 59A-36.025 to align language with statute regarding submission and approval of comprehensive emergency management plans (CEMP) and emergency environmental control plans, remove obsolete language and update incorporated CEMP form for assisted living facilities.

SUMMARY: The Agency proposes to revise Rules 59A-36.019 and 59A-36.025 to align with statute regarding submission and approval of comprehensive emergency management plans (CEMP) and emergency environmental control plans. Revisions will also amend language regarding extensions for emergency environmental control plan implementation, Agency requests for assistance from the State Fire Marshal to complete inspections, annual notification of plan approval to residents or their legal representatives and update incorporated CEMP form for assisted living facilities.

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: 429.41, 408.821,F.S.

LAW IMPLEMENTED: 429.19, 429.41, 408.821, F.S.

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

DATE AND TIME: July 25, 2023, 10:00 a.m. – 12:00 p.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room A, Tallahassee, FL, 32308. You may also 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: Jeremy Roberts, 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: Jeremy Roberts at [phone] or email at: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-36.019 Emergency Management.

(1) EMERGENCY PLAN COMPONENTS. Pursuant to section 429.41, F.S., each facility must prepare a written comprehensive emergency management plan using in accordance with the “Minimum Emergency Management Criteria for Assisted Living Facilities,” AHCA Form 3180-XXXX, June 2023, dated October 1995, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. The form This document is also available at: https://ahca.myflorida.com/MCHQ/Emergency_Activities/index.shtml. from the local emergency management agency. The emergency management plan must, at a minimum, address the following:

(a) Though (e) no change.

(f) Identification of and coordination with the county local emergency management agency;

(g) Arrangement for post-disaster activities including responding to family inquiries, obtaining medical intervention for residents, transportation, and reporting to the county local emergency management agency the number of residents who have been relocated, and the place of relocation; and,

(h) No change.

(2) EMERGENCY PLAN APPROVAL. The plan must be submitted for review and approval to the local emergency management agency.

(a) If the local emergency management agency requires revisions to the emergency management plan, such revisions must be made and the plan resubmitted to the local office within 30 days of receiving notification that the plan must be revised.

(b) A new facility as described in rule 59A-36.014, F.A.C., and facilities whose ownership has been transferred, must submit an emergency management plan within 30 days after obtaining a license.

(a)(c) The facility must review and submit its emergency management plan on an annual basis in accordance with section 408.821(1), F.S. Any substantive changes must be submitted to the local emergency agency for review and approval.

1. A significant modification to a previously approved plan must be submitted within 30 days after the change.  For the purposes of this rule, “significant modification” means a change to the information provided in support of the minimum required plan criteria, procedures or agreements identified in the plan, or appendices or supporting documentation that alters the execution of the plan and the required arrangements made therein.  Changes in spelling or grammar, or in the name, address, telephone number, or position of staff listed in the plan are not considered significant modifications for the purposes of this rule Changes in the name, address, telephone number, or position of staff listed in the plan are not considered substantive revisions for the purposes of this rule.

2. Changes in the identification of specific staff must be submitted to the county local emergency management agency annually as a signed and dated addendum that is not subject to review and approval.

(b)(d) The county local emergency management agency is the final administrative authority for emergency management plans prepared by assisted living facilities.

(c)(e) Any plan approved by the county local emergency management agency is considered to have met all the criteria and conditions established in this rule.

(3) PLAN IMPLEMENTATION.

(a) All staff must be trained in their duties and are responsible for implementing the emergency management plan.  New staff must be trained on the plan within 30 days of employment.

(b) No change.

(4) FACILITY EVACUATION. The facility must evacuate the premises during or after an emergency if so directed by the county local emergency management agency.

(a) The facility must report the evacuation to the county local office of emergency management agency or designee and to the agency within 6 hours of the evacuation order. If the evacuation takes more than 6 hours, the facility must report when the evacuation is completed.

(b) The facility must not be re-occupied until the area is cleared for reentry by the county local emergency management agency or its designee and the facility can meet the immediate needs of the residents.

(c) Through (f) no change.

(5) No change.

Rulemaking Authority 429.41, 408.821, FS. Law Implemented 429.41, 408.821, FS. History–New 10-17-99, Amended 7-30-06, 4-17-14, Formerly 58A-5.026, 7-1-19. Amended _________.

 

59A-36.025 Emergency Environmental Control for Assisted Living Facilities.

(1) No change.

(2) SUBMISSION OF THE PLAN.

(a) Each assisted living facility licensed prior to the effective date of this rule shall submit its plan to the local emergency management agency for review within 30 days of the effective date of this rule. Assisted living facility plans previously submitted and approved pursuant to emergency rule 58AER17-1 will require resubmission only if changes are made to the plan.

(a)(b) Each new assisted living facility shall submit the plan required under this rule prior to obtaining a license.

(b)(c) Each existing assisted living facility that undergoes any additions, modifications, alterations, refurbishment, renovations or reconstruction that require modification of its systems or equipment affecting the facility’s compliance with this rule shall amend its plan and submit it to the county local emergency management agency for review and approval.

(3) APPROVED PLANS.

(a) Each assisted living facility must maintain a copy of its approved plan in a manner that makes the plan readily available at the licensee’s physical address for review by a legally authorized entity. If the plan is maintained in an electronic format, assisted living facility staff must be readily available to access and produce the plan. For purposes of this section, “readily available” means the ability to immediately produce the plan, either in electronic or paper format, upon request.

(b) Within 30 two (2) business days of the approval of the plan from the county local emergency management agency, the assisted living facility shall submit in writing proof of the approval to the Agency for Health Care Administration to [e-mail].

(c) The assisted living facility shall submit a consumer-friendly summary of the emergency power plan to the Agency. The Agency shall post the summary and notice of the approval and implementation of the assisted living facility emergency power plans on its website within ten (10) business days of the plan's approval by the county local emergency management agency and update within ten (10) business days of implementation.

(4) IMPLEMENTATION OF THE PLAN.

(a) Each assisted living facility licensed prior to the effective date of this rule shall, no later than June 1, 2018, have implemented the plan required under this rule.

(b) The Agency shall allow an extension up to January 1, 2019 to providers in compliance with paragraph (c) below and who can show delays caused by necessary construction, delivery of ordered equipment, zoning or other regulatory approval processes. Assisted living facilities shall notify the Agency that they will utilize the extension and keep the Agency apprised of progress on a quarterly basis to ensure there are no unnecessary delays. If an assisted living facility can show in its quarterly progress reports that unavoidable delays caused by necessary construction, delivery of ordered equipment, zoning or other regulatory approval processes will occur beyond the initial extension date, the assisted living facility may request a waiver pursuant to section 120.542, F.S.

(c) During the extension period, an assisted living facility must make arrangements pending full implementation of its plan that provides the residents with an area or areas to congregate that meets the safe indoor air temperature requirements of subsection (1) (a) for a minimum of ninety-six (96) hours.

1. An assisted living facility not located in an evacuation zone must either have an alternative power source onsite or have a contract in place for delivery of an alternative power source and fuel when requested. Within twenty-four (24) hours of the issuance of a state of emergency for an event that may impact primary power delivery for the area of the assisted living facility, it must have the alternative power source and no less than ninety-six (96) hours of fuel stored onsite.

2. An assisted living facility located in an evacuation zone pursuant to chapter 252, F.S. must either:

a. Fully and safely evacuate its residents prior to the arrival of the event; or

b. Have an alternative power source and no less than ninety-six (96) hours of fuel stored onsite, within twenty-four (24) hours of the issuance of a state of emergency for the area of the assisted living facility.

(d) through (e) renumbered (b) through (c)

(f) The Agency for Health Care Administration may request cooperation from the State Fire Marshal to conduct inspections to ensure implementation of the plan in compliance with this rule.

(5) through (7) No change.

(8) NOTIFICATION.

(a) Within five (5) business days, each assisted living facility must notify in writing, unless permission for electronic communication has been granted, each resident and the resident’s legal representative:

1. Upon the initial submission of the plan to the county local emergency management agency that the plan has been submitted for review and approval;

2. Upon final implementation of the plan by the assisted living facility.

3. Annual submissions and approvals of the plan do not require notification to residents or their legal representatives unless a significant modification as defined in Rule 59A-36.019, F.A.C., has been made to the plan.

(b) No change.

Rulemaking Authority 429.41, FS. Law Implemented 429.19, 429.41, FS. History–New 3-26-18, Formerly 58A-5.036, 7-1-19, Amended _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeremy Roberts

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jason Weida

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 06/08/2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 07/05/2022