The Department of Elder Affairs (“Department”) proposes the repeal of rules 58N-1.001, 58N-1.009, 58N-1.011, 58N-1.013, 58N-1.015, 58N-1.017 and 58N-1.019, Florida Administrative Code, because the legislature eliminated the sections of the Florida ...

 

DEPARTMENT OF ELDER AFFAIRS

Division of Statewide Community Based Services

RULE NOS.:RULE TITLES:

58N-1.001Application Process

58N-1.009Care and Service Standards

58N-1.011Outcome Measures

58N-1.013Quality Assurance Standards

58N-1.015Utilization Review

58N-1.017Grievance and Conflict Resolution

58N-1.019Service Satisfaction

PURPOSE AND EFFECT: The Department of Elder Affairs (“Department”) proposes the repeal of rules 58N-1.001, 58N-1.009, 58N-1.011, 58N-1.013, 58N-1.015, 58N-1.017 and 58N-1.019, Florida Administrative Code, because the legislature eliminated the sections of the Florida Statutes that provided for the establishment of long-term care community diversion pilot projects during the 2014 legislative session; therefore, the Department has determined that these rules are unnecessary.

SUMMARY: The proposed rulemaking repeals rules 58N-1.001, 58N-1.009, 58N-1.011, 58N-1.013, 58N-1.015, 58N-1.017 and 58N-1.019, Florida Administrative Code, which establish criteria for the operation of long-term care community diversion pilot projects. The legislature eliminated the sections of the Florida Statutes that provided for the establishment of long-term care community diversion pilot projects during the 2014 legislative session; therefore, the Department has determined that these rules are unnecessary.

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 Department conducted a review of the rules’ requirements and determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rules will not require ratification by the Legislature.

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: 430.705, 430.706 FS.

LAW IMPLEMENTED: 430.705, 430.706, 430.707 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: Jason Nelson, Deputy General Counsel, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, FL 32399, email: [e-mail], telephone: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

58N-1.001 Application Process.

Rulemaking Specific Authority 430.705 FS. Law Implemented 430.705, 430.707 FS. History–New 4-29-08, Repealed ________.

 

58N-1.009 Care and Service Standards.

Rulemaking Specific Authority 430.706 FS. Law Implemented 430.706 FS. History–New 4-29-08, Repealed ________.

 

58N-1.011 Outcome Measures.

Rulemaking Specific Authority 430.706 FS. Law Implemented 430.705(2)(b)3., 430.706 FS. History–New 4-29-08, Repealed ________.

 

58N-1.013 Quality Assurance Standards.

Rulemaking Specific Authority 430.706 FS. Law Implemented 430.706 FS. History–New 4-29-08, Repealed ________.

 

58N-1.015 Utilization Review.

Rulemaking Specific Authority 430.706 FS. Law Implemented 430.706 FS. History–New 4-29-08, Repealed ________.

 

58N-1.017 Grievance and Conflict Resolution.

Rulemaking Specific Authority 430.706 FS. Law Implemented 430.706 FS. History–New 4-29-08, Repealed ________.

 

58N-1.019 Service Satisfaction.

Rulemaking Specific Authority 430.706 FS. Law Implemented 430.706 FS. History–New 4-29-08, Repealed ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jason Nelson, Deputy General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Samuel P. Verghese

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 7, 2015