The Agency proposes to amend rules located within Rule Chapter 59A-4, F.A.C., to update the Gold Seal Award application in relations to the stable workforce requirements; amend the title and location of the Nursing Home Guide Methodology; revise the ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NOS.:RULE TITLES:

59A-4.200Definitions

59A-4.201Gold Seal Award

59A-4.2015Review Process

PURPOSE AND EFFECT: The Agency proposes to amend rules located within Rule Chapter 59A-4, F.A.C., to update the Gold Seal Award application in relations to the stable workforce requirements; amend the title and location of the Nursing Home Guide Methodology; revise the Agency for Health Care Administration contact information and make technical changes.

SUMMARY: Rule 59A-4.200, F.A.C., is amended to revise the title and location of the Nursing Home Guide Methodology; Rule 59A-4.201, F.A.C., is amended to include necessary revisions to the Application for Nursing Home Gold Seal Award in relation to the stable workforce requirements and the location of the application form; and Rule 59A-4.2015, F.A.C., is amended to revise the Agency’s contact information.

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: Checklists were prepared by the Agency for the rules to determine the need for a SERC. Based on this information at the time of the analysis and pursuant to section 120.541, F.S., the rules 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: 400.235(9) FS.

LAW IMPLEMENTED: 400.235 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Thursday, August 20, 2015, 9:30 a.m. ‒ 11:00 a.m.

PLACE: Agency for Health Care Administration, Building 3, Conference Room B, 2727 Mahan Drive, Tallahassee, FL 32308

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Terrosa Buie, Agency for Health Care Administration, 2727 Mahan Drive, MS #33, Tallahassee, Florida 32308 or email address: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-4.200 Definitions.

(1) Agency means the Agency for Health Care Administration.

(2) Panel means the Panel on Excellence in Long Term Care.

(3) Parent company means an entity that owns, leases, or through any other device controls a group of two or more health care facilities or at least one health care facility and any other business. A related party management company is considered to be a parent company.

(4) Region means a geographical area of the state of Florida defined by a list of counties reflected by the agency’s 11 inspection regions. The regions are defined, as part of the Nursing Home Guide Methodology which is located on Performance Measures Algorithm, July 2000 which is incorporated by reference. Copies of this form may be obtained from the Agency for Health Care Administration, Long Term Care Unit, 2727 Mahan Drive, MS 33, Tallahassee, FL 32308 or from the Agency website at http://www.floridahealthfinder.gov/Comparecare/MethodologyNH.aspx http://ahcaxnet.fdhc.state.fl.us/nhcguide/.

(5) Quality of Care score means all of the parameters included in the Nursing Home Guide that reflect the results of the overall inspection. These parameters are defined in the Nursing Home Guide Methodology Performance Measures Algorithm, July 2000, as specified in Rule 59A-4.165, F.A.C.

Rulemaking Authority 400.235(9) FS. Law Implemented 400.235 FS. History–New 8-21-01, Amended 5-15-07,__________.

 

59A-4.201 Gold Seal Award.

(1) To to be considered for recommendation for a Gold Seal Award, a nursing home licensee must submit to the Agency’s Long Term Care Unit:

(a) A letter of recommendation;

(b) A completed Aapplication for Nursing Home Gold Seal Award, (AHCA Form 3110-0007, (Rev. October 2014, March 07)) which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No+Ref-XXXXXX. Copies of this form may be obtained from the Agency for Health Care Administration, Long Term Care Unit, 2727 Mahan Drive, MS #33, Tallahassee, FL 32308 or from the Agency website at http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Long_Term_Care/GovernorPanel/GPELTC.shtml http://ahca.myflorida.com/MCHQ/Long_Term_Care/LTC/index.shtml;

(c) The financial documentation required by Rule 59A-4.203, F.A.C.; and

(d) The stable workforce documentation required by Rule 59A-4.204, F.A.C.

(2) During the effective dates of the award, a nursing home licensee may use the Gold Seal designation in facility advertising and marketing. All advertising and marketing of the Gold Seal designation must include the range of dates for which the Gold Seal was awarded and shall only represent the facility to which it has been designated. Within 90 days after termination or expiration of the Gold Seal award, the Gold Seal designation must be removed from all advertising and marketing materials.

Rulemaking Authority 400.235(9) FS. Law Implemented 400.235 FS. History-New 8-21-01, Amended 5-15-07,__________.

 

59A-4.2015 Review Process.

(1) A review process is established which provides submission deadlines for applications, and Panel meeting timeframes to review applications. Facilities may submit applications at any time for review as follows.

(2) Review Period 1 requires applications be submitted by March 15 each year to be eligible for review during this period. The quality of care score for this review period will be obtained from the preceding quarter ending December 31, and will be available by February 15 to ensure facilities qualify for this criterion prior to submitting an application. Application reviews will be complete by April 15. Site visits will be conducted after April 15 and a meeting will be held to determine those licensees to be recommended for the Gold Seal. This meeting must be held prior to June 15.

(3) Review Period 2 requires applications be submitted by September 15 each year to be eligible for review during this period. The quality of care score for this review period will be obtained from the preceding quarter ending June 30 and will be available by August 15 to ensure facilities qualify under this criterion prior to submitting an application. Application reviews will be complete by October 15. Site visits will be conducted after October 15 and a meeting will be held to determine those licensees to be recommended for the Gold Seal. This meeting must be held prior to December 15.

(4) Quality of care scoring information may be obtained by contacting the Bureau of Long Term Care Unit Services at [phone] 488-5861 or from the Agency website at http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Long_Term_Care/GovernorPanel/GPELTC.shtml http://ahca.myflorida.com/MCHQ/Long_Term_Care/index.shtml under the heading Gold Seal Quality of Care Scores Nursing Home Gold Seal Award/Governor’s Panel on Excellence in Long-Term Care.

(5) Any nursing home licensee not meeting all requirements or having omissions in financial information will be notified to allow a licensee to submit additional information or withdraw the application. Licensees have 10 business days after the Agency’s request to provide required documentation to continue to be eligible for consideration.

(6) If the panel determines that an applicant has failed to meet all Gold Seal criteria and the application is not withdrawn, a recommendation to deny the Gold Seal award will be made to the Governor.

Rulemaking Authority 400.235(9) FS. Law Implemented 400.235 FS. History–New 5-15-07,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jacqueline Williams

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 20, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 21, 2014