Conforms rule to comply with amendment to s. 296.36, Florida Statutes.

 

DEPARTMENT OF VETERANS' AFFAIRS

RULE NO.:RULE TITLE:

55-12.004Admission Eligibility

PURPOSE AND EFFECT: Conforms rule to comply with amendment to Section 296.36, Florida Statutes.

SUMMARY: Removes the 1 year state residency requirement for eligibility for admission to the State Veterans’ Nursing Homes, consistent with the legislative change to Section 296.36, Florida Statutes (See Section 22, ch. 2014-1, Laws of Florida).

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: The amendment does not have an adverse impact on small business and does not directly or indirectly increase regulatory costs in excess of $200,000 in the aggregate within 1 year of implementation. The amendment also does not directly or indirectly have an adverse impact on economic growth, private sector job creation or employment, or private sector investment, business competitiveness or innovation or increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule.

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: 292.05(3) FS.

LAW IMPLEMENTED: 296.36 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Darryl Griffin, FDVA, The Capitol, Suite 2105, 400 South Monroe Street, Tallahassee, Florida 32399-0001, [phone], x7713
 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

55-12.004 Admission Eligibility.

(1) To be eligible for admission an applicant must:

(a) Be an eligible veteran as defined in subsection 55-12.003(2), F.A.C., of this Chapter of these rules.

(b) Be a resident of the state at the time of application and for 1 year immediately preceding application.

(c) Be in need of nursing home care for a condition which requires services that fall within the level of care which the home has the resources and functional ability to provide.

(2) No change.

Rulemaking Specific Authority 296.34(3) FS. Law Implemented 296.36 FS. History–New 5-23-93, Amended 12-27-98, 7-26-00, 6-10-08,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: David Herman, FDVA General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Prendergast, Executive Director

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 17, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 18, 2014