The Agency proposes to repeal rules 59A-36.001 and 36.017, F.A.C., based on changes to sections 429.28(3)(a) and 429.23 F.S., and 36.016 as it duplicates section 429.23(3) and (4) F.S., and Rule 59A-35.110.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NOS.:RULE TITLES:

59A-36.001Standards and Criteria for Determining Compliance with Facility Standards and Resident Rights

59A-36.016Adverse Incident Report

59A-36.017Liability Claim Report

PURPOSE AND EFFECT: The Agency proposes to repeal rules 59A-36.001 and 36.017, F.A.C., based on changes to sections 429.28(3)(a) and 429.23 F.S., and 36.016 as it duplicates section 429.23(3) and (4) F.S., and Rule 59A-35.110, F.A.C.

SUMMARY: The Agency proposes to repeal rules 59A-36.001, 36.016 and 36.017, F.A.C. 59A-36.001 and .017 will be repealed pursuant to HB 767 (2020) which removed rulemaking authority in section 429.28(3)(a) F.S., and removed authority in section 429.23 F.S., to require submission of liability claims reports. 59A-36.016 will be repealed as it duplicates sections 429.23(3) and (4) F.S., and Rule 59A-35.110, F.A.C.

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: A SERC has not been prepared by the agency. For rules listed where no SERC was prepared, the Agency prepared a checklist for each rule to determine the necessity for a SERC. Based on this information at the time of the analysis and pursuant to section 120.541, Florida Statutes, the rule will not require legislative ratification.

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: 429.23, FS.

LAW IMPLEMENTED: 429.23, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: April 27, 2021, 2:30 p.m. – 3:30 p.m.

PLACE: No public face-to-face meeting. This hearing will be conducted via teleconference. Participate by dialing the Open Voice conference line, 1(888)585-9008, then enter the conference room number followed by the pound sign, 476-211-242#. The agenda and related materials can also be found on the web at: https://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Rulemaking.shtml.

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 3 days before the workshop/meeting by contacting: [e-mail], Bureau of Health Facility Regulation, 2727 Mahan Drive, MS 28A, Tallahassee, Florida, 32308 at [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: Keisha Woods, [phone] or email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-36.001 Standards and Criteria for Determining Compliance with Facility Standards and Resident Rights.

Rulemaking Authority 429.28(3)(a) FS. Law Implemented 429.28 FS. History–New 11-28-16, Repealed_________.

 

59A-36.016 Adverse Incident Report.

Rulemaking Authority 429.23 FS. Law Implemented 429.23 FS. History–New 1-9-02, Amended 7-30-06, 4-17-14, Formerly 58A-5.0241, 7-1-19, Repealed________.

 

59A-36.017 Liability Claim Report.

Rulemaking Authority 429.23 FS. Law Implemented 429.23 FS. History–New 1-9-02, Amended 3-13-14, Formerly 58A-5.0242, 7-1-19, Repealed________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Keisha Woods

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Simone Marstiller

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 3/16/2021