The Agency is proposing to revise Rule 59A-35.110, F.A.C., to add sunset language and strike a requirement that approval of revisions to emergency management plans be reported within 21 days of occurrence as it conflicts ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-35.110Reporting Requirements; Electronic Submission

PURPOSE AND EFFECT: The Agency is proposing to revise Rule 59A-35.110, F.A.C., to add sunset language and strike a requirement that approval of revisions to emergency management plans be reported within 21 days of occurrence as it conflicts with 408.821, F.S., which requires notification to the Agency within 30 days after approval.

SUMMARY: Health care provider reporting requirements.

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: 395.0197, 408.806, 408.813, 408.819, 429.23, F.S

LAW IMPLEMENTED: 408.806, 408.813, 408.810, 429.23, 395.0197, F.S

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

DATE AND TIME: Tuesday, August 17, 2021, from 2:00 pm – 3:30 pm

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, 476-211-242#. The agenda and related materials can also 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: : Kim Stewart, 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: Kim Stewart, [phone], email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-35.110 Reporting Requirements; Electronic Submission.

(1) During the two year licensure period, any change or expiration of any information that is required to be reported under Chapter 408, Part II, F.S., or authorizing statutes for the provider type as specified in Section 408.803(3), F.S., during the license application process must be reported to the Agency within 21 days of occurrence of the change, including:

(a) Insurance coverage renewal;

(b) Bond renewal;

(c) Change of administrator or the similarly titled person who is responsible for the day-to-day operation of the provider;

(d) Annual sanitation inspections;

(e) Fire inspections; and,

(f) Approval of revisions to emergency management plans.

(2) No change.

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

 

Rulemaking Authority 395.0197, 408.806, 408.813, 408.819, 429.23 FS. Law Implemented 408.806, 408.813, 408.810, 429.23, 395.0197 FS. History–New 7-14-10, Amended 11-13-17, 2-2-21, _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kim Stewart

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 07/09/2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 03/24/2021