The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF ELDER AFFAIRS
Long-Term Care Ombudsman Program

RULE NO.: RULE TITLE:
58L-1.005: Access.
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: This rule is being repealed as the specific requirements of this rule substantially restates Section 400.0081, Florida Statutes, and 42 U.S.C. § 3058g(b), and is therefore, duplicative.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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.
STATEMENT REGARDING LEGISLATIVE RATIFICATION: The repeal of this rule is not expected to require legislative ratification pursuant to Section 120.541(3)(a)1., F.S., as there will be no impact on economic growth, job creation or employment, private-sector investment, or business competitiveness and no increase in regulatory costs.
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: 400.0081 FS.
LAW IMPLEMENTED: 400.0081 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: September 8, 2011, 9:00 a.m. – 12:00 Noon
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 309, Tallahassee, FL 32399-7000
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan E. Rice, Asst. General Counsel, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Suite 315, Tallahassee, FL 32399-7000, Telephone number: [phone], Email address: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

58L-1.005 Access.

(1) Long-term care facilities must be aware of the following provisions regarding an ombudsman’s access to the facility, residents and records:

(a) Section 400.0081, F.S.; and

(b) Title VII, Chapter 2, of the Older Americans Act of 1965, as amended in 2006, 42 U.S.C. § 3058g(b).

(2) Upon entering a long-term care facility to conduct ombudsman activities, the ombudsman must identify himself or herself to the administrator or designee.

(3) In the event that a facility should deny an ombudsman access as outlined in subsection (1) of this rule, the ombudsman must report the incident to the DOM. The DOM must contact the Office of the Long-Term Care Ombudsman.

Rulemaking Authority 400.0081(2) FS. Law Implemented 400.0081 FS. History–New 7-31-95, Formerly 58L-3.001, Amended 3-18-10, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Susan E. Rice, Asst. General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles T. Corley, Interim Secretary, Department of Elder Affairs
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 20, 2011