To amend the rule to remove subsection (9) of the text given that Section 381.00316, F.S., is already effective.

 

DEPARTMENT OF LEGAL AFFAIRS

RULE NO.:RULE TITLE:

2-42.002Discrimination Based on Health Care Choices

PURPOSE AND EFFECT: To amend the rule to remove subsection (9) of the text given that Section 381.00316, F.S., is already effective.

SUMMARY: To remove subsection (9) from the rule text.

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: : During discussion of the economic impact of this rule the Department, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary. This proposed rulemaking will not have an adverse impact or effect regulatory costs in excess of $1million within five years as established in Section 120.541(2)(a)1., 2., and 3., F.S.

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: 381.00316(9) FS.

LAW IMPLEMENTED: 381.00316 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: Edward Tellechea, Chief Assistant Attorney General, PL-01 The Capitol, Tallahassee, Florida 32399-1050, by email at [e-mail]; or Lynette Norr, Senior Assistant Attorney General, PL-01 The Capitol, Tallahassee, Florida 32399-1050, by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

2-42.002 Discrimination Based on Health Care Choices.

(1) Definitions – As used in this rule and Section 381.00316, F.S.:

(a) through (b)  No change.

(c) “Subject” is the business entity or governmental entity that the complainant alleges to have discriminated against the complainant in a manner prohibited by Section 381.00316, F.S.

(2) The department shall investigate a legally sufficient complaint alleging a violation of Section 381.00316, F.S., or any rule adopted thereunder. The complaint must be submitted on form DBHC-001, Complaint Discrimination Based on Health Care Choices (06/23), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15786, or  http://myfloridalegal.com/healthcarechoices/.  A complete complaint may be submitted either electronically at http://myfloridalegal.com/healthcarechoices/, a paper hard copy of the complaint form may be obtained at http://myfloridalegal.com/healthcarechoices/, and submitted via email to: [e-mail], or a paper hard copy may be mailed to: The Department of Legal Affairs, Health Care Choices Program,  PL-01, The Capitol, Tallahassee, Florida 32399-1050.

(3)  through (7)  No change.

(8) In determining the amount of fine to be levied for a violation, the Attorney General may consider any of the following factors:

(a) Whether the subject knowingly and willfully violated Section 381.00316, F.S this section.

(b) Whether the subject has shown good faith in attempting to comply with Section 381.00316, F.S this section.

(c)  through (e) No change.

(9) Rights of the complainant.

(a) When probable cause is not found, the department shall so inform complainant and notify that person that he or she may, within 30 days, provide any additional information to the department that may be relevant to the decision. To facilitate the provision of additional information, the person who filed the complaint may receive, upon request, a copy of the investigative report that supported the recommendation for closure. 

(b) When probable cause is found and the case proceeds to hearing under Section 120.57(1), F.S., the complainant shall have the right to present oral or written communication relating to the alleged violations or to the appropriate penalty.

Rulemaking Authority 381.00316(9) FS. Law Implemented 381.00316 FS. History–New 8-27-23,         Amended .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Attorney General Ashley Moody

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Attorney General Ashley Moody

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 20, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 12, 2024