The purpose of the proposed rule amendment is to incorporate changes in licensure requirements, including licensure application forms incorporated by reference in the rule.

DEPARTMENT OF ELDER AFFAIRS
Federal Aging Programs

RULE NO: RULE TITLE
58A-2.004: Licensure Procedure
PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to incorporate changes in licensure requirements, including licensure application forms incorporated by reference in the rule.
SUMMARY: The proposed rule amendment adds changes to licensure requirements and includes updated licensure application forms that are incorporated by reference in the rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 400.605, 408.802(19), 408.805(1) FS.
LAW IMPLEMENTED: 400.605, 400.606, 408.802(19), 408.805(1), 408.832, 435.04(5), 435.05(3) 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 17, 2007, 1:00 p.m. – 5:00 p.m.
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference 225F, Tallahassee, FL 32399-7000
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 72 hours before the workshop/meeting by contacting: Jim Crochet, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, FL 32399-7000; telephone number [phone], SunCom 994-2000; Email address: [e-mail]. 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: Jim Crochet, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, FL 32399-7000; telephone number [phone], SunCom 994-2000; Email address: [e-mail]. THE PROPOSED RULE AND DOCUMENTS INCORPORATED BY REFERENCE ARE LOCATED ON THE DEPARTMENT INTERNET AT http://elderaffairs.state.fl.us UNDER THE RIGHT SIDE HEADING ENTITLED “DOEA RULEMAKING.” HOSPICE Rule 58A-2.004, F.A.C.

THE FULL TEXT OF THE PROPOSED RULE IS:

58A-2.004 Licensure Procedure.

(1) Biennial lLicenses issued by the agency AHCA to operate a hospice are contingent shall be based upon the results of an agency a survey conducted by the AHCA to determine compliance with the requirements of Chapter 400, Part IV VI, F.S., Chapter 408, Part II, F.S., and with these rules. A license shall be issued to any not-for-profit public or private agency who meets all federal, state and local requirements.

(2) Application for a license must shall be made by completing to the AHCA Form 3110-4001, Health Care Licensing Application, Hospice, July, 2007 on forms prescribed by the AHCA.

(a) The form is hereby incorporated by reference and may be obtained from the agency Web site at http://ahca.myflorida.com/MCHQ/Health_Facility_Regulation /Home_Care/docs/RenewalApp_July07_Hospice.doc, or from the Agency for Health Care Administration, Licensed Home Health  Programs Unit, 2727 Mahan Drive, Mail Stop 34, Tallahassee, Florida 32308 or by contacting [phone].

(b) The application must be accompanied by a biennial licensure fee of one thousand two hundred dollars ($1,200.00) as provided under Sections 400.606, F.S., and Chapter 408, Part II, F.S., payable by check or money order to the Agency for Health Care Administration.

The application shall be accompanied by a license fee of six hundred dollars ($600.00) as provided under Section 400.606, F.S., in check or money order, payable to the Agency for Health Care Administration.

(3) In addition to the information required in Section 400.606(1), F.S., the following information is required for the licensure application and must be submitted with the application form:

(a) The name of the hospice’s administrator and the administrator’s license number if the administrator is a licensed professional; the name of the hospice’s financial officer; the name and license number of the hospice’s medical director; the name and license number of the hospices’s nursing supervisor; and the number and types of licensed professionals who provide direct services as required in Section 400.609(1), F.S. including clergy, employed or to be employed by the hospice; the number of home health aides employed or to be employed by the hospice; the number and types of other personnel employed or to be employed by the hospice and assigned to a hospice care team or teams.

(b) For initial licensure only, the Certificate of Need and a certificates of occupancy, certificate of use or evidence that the location is zoned for use as a hospice and evidence of compliance with Section 408.810(6), F.S. signed by local authorized zoning, building and electrical officials shall be attached to the application. For initial licensure, where there are no municipal, county or electrical building codes, the applicant shall provide a written statement of compliance with these regulations from a registered architect or professional engineer who shall substitute for the authorities specified above. A separate survey for fire safety and physical plant requirements of residential units and freestanding inpatient facilities must operated by the hospice shall be made by the agency AHCA prior to the opening of the facilities and on a periodic basis thereafter.

(c) For initial  As a condition of licensure only, each successful applicant shall submit the names and professions for all hospice care team staff, and professional license numbers held by licensed hospice care team members staff who are licensed, no later than three (3) months after the license is issued.

(d) For relocation of the principal office and addition or relocation of branch offices, a hospice must  submit to the agency a certificate of occupancy, certificate of use or evidence that the new location is zoned for use as a hospice and evidence of compliance with Section 408.810(6), F.S.

(4) In addition to the requirements outlined in subsections (1) through (3) of this rule, each hospice must complete AHCA Form #3100-0007, Affidavit of Compliance with Level 2 Background Screening for Covered Employees, November 2006, in accordance with Sections 435.04(5) and 435.05(3), F.S.

(a) The form is hereby incorporated by reference and may be obtained from the agency’s Web site at http://ahca.myflorida.com/MCHQ/Corebill/Files/Affidavit_Compliance_with_BGS_Covered.pdf or the address cited in paragraph (2)(a) of this rule.

(b) The form must be completed annually and submitted to the agency on the anniversary date of the signature on the original form.

Specific Authority 400.605, 408.802(19), 408.805(1) FS. Law Implemented 400.605(1)(a), 400.606, 408.802(19), 408.805(1), 408.832, 435,04(5), 435.05(3) FS. History–New 5-6-82, Formerly 10A-12.04, Amended 10-6-91, Formerly 10A-12.004, Amended 4-27-94, Formerly 59A-2.004, Amended 6-5-97, 8-10-03,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Crochet
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: E. Douglas Beach, Ph.D., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 10, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 22, 2006 and May 11, 2007