The Agency proposes to repeal these rules as the requirements in Rule 59A-4.128 are located in 400.19(3) and 400.23(7), F.S.; and Rule 59A-4.1288 is unnecessary.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NOS.:RULE TITLES:

59A-4.128Evaluation of Nursing Homes and Licensure Status

59A-4.1288Exception

PURPOSE AND EFFECT: The Agency proposes to repeal these rules as the requirements in Rule 59A-4.128 are located in 400.19(3) and 400.23(7), F.S.; and Rule 59A-4.1288 is unnecessary.

SUMMARY: Rule 59A-4.128 is duplicative of statutory requirements and Rule 59A-4.1288 is no longer valid or necessary.

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 no SERC is required and that no legislative ratification pursuant to subsection 120.541(3), F.S. is required based upon the Agency’s review of information at the time of analysis and the preparation of a checklist for each rule to determine the need for the creation of a SERC.

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: 400.23 FS.

LAW IMPLEMENTED: 400.102, 400.141, 400.19, 400.23 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 10, 2015, 9:00 a.m.-11:00 a.m.

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

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 7 days before the workshop/meeting by contacting: Jacqueline Williams, Phone: [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: Jacqueline Williams, Agency for Health Care Administration, 2727 Mahan Drive, MS#33, Tallahassee, FL 32308 email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-4.128 Evaluation of Nursing Homes and Licensure Status.

Rulemaking Authority 400.23 FS. Law Implemented 400.102, 400.19, 400.23 FS. History–New 4-1-82, Amended 4-1-84, 9-26-85, 7-21-87, Formerly 10D-29.128, Amended 8-15-94, 2-28-95, 10-13-96, 5-5-02 , Repealed_______.

 

59A-4.1288 Exception.

Rulemaking Authority 400.23 FS. Law Implemented 400.102, 400.141, 400.23 FS. History–New 4-18-94, Repealed_____.

 

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: August 03, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 23, 2014