The Department of Elder Affairs (“Department”) proposes the repeal of rule 58N-6.003, Florida Administrative Code. This rule concerns the licensing of Adult Day Care Centers by the Agency for Healthcare Administration (“AHCA”). AHCA has ...

 

DEPARTMENT OF ELDER AFFAIRS

Federal Aging Programs

RULE NO.:RULE TITLE:

58A-6.003Licensure Application Procedures

PURPOSE AND EFFECT: The Department of Elder Affairs (“Department”) proposes the repeal of Rrule 58N-6.003, Florida Administrative Code. This rule concerns the licensing of Adult Day Care Centers by the Agency for Healthcare Administration (“AHCA”). AHCA has promulgated Rule Chapter 59A-35, Florida Administrative Code, to govern the licensing of Adult Day Care Centers and other facilities. As a result, the Department has determined that Rule 58A-6.003, F.A.C. is unnecessary.

SUMMARY: The proposed rulemaking repeals Rule 58A-6.003, Florida Administrative Code, which concerns the licensing of Adult Day Care Centers by AHCA. AHCA has promulgated Rule Chapter 59A-35, Florida Administrative Code, to govern the licensing of Adult Day Care Centers and other facilities. As a result, the Department has determined that Rule 58A-6.003, F.A.C. is 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 rule’s requirements and determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule 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: 429.929 FS.

LAW IMPLEMENTED: 408.809, 429.909, 429.913(1)(b), 429.919, 429.929, 435.04(5) 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:

 

58A-6.003 Licensure Application Procedures.

Rulemaking Authority 429.929 FS. Law Implemented 408.809, 429.909, 429.913(1)(b), 429.919, 429.929, 435.04(5) FS. History–New 7-8-81, Amended 2-27-84, Formerly 10A-6.03, 10A-6.003, 59A-16.003, Amended 11-9-95, 3-29-98, 10-23-01, 2-19-04, 6-16-08, 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: 8/27/2015