The Department proposes the creation of this rule to effectuate the mandatory rule promulgation as required by statute.

DEPARTMENT OF ELDER AFFAIRS
Long-Term Care Ombudsman Program

RULE NO.: RULE TITLE:
58L-1.008: Administrative Assessment
PURPOSE AND EFFECT: The Department proposes the creation of this rule to effectuate the mandatory rule promulgation as required by statute.
SUMMARY: The rule sets out the procedures to follow in conducting an administrative assessment of long-term care facilities by ombudsmen.
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 an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(2)(a), 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: 400.0071 FS.
LAW IMPLEMENTED: 400.0060(1), 400.0071, 400.0074 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Rice, Assistant General Counsel, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

58L-1.008 Administrative Assessment.

(1) An onsite administrative assessment must be conducted on long-term care facilities annually. The annual period for conducting an assessment is the federal reporting year, which is October 1 through September 30.

(2) By October 1 of each year, the district ombudsman manager (DOM), or designee, must identify all facilities within the local council’s jurisdiction and develop a plan to conduct assessments by September 30 of the following year.

(3) The assessment must focus on factors affecting residents’ rights, health, safety, and welfare as seen from the residents’ perspectives.

(4) At the conclusion of the assessment visit, the ombudsman should:

(a) Identify the issues and concerns perceived by the residents or noted by the ombudsman;

(b) Identify those issues and concerns that were addressed or corrected by facility staff during the assessment visit;

(c) Identify those issues and concerns that remain to be addressed or corrected;

(d) Conduct an exit consultation with the facility administrator, or administrator designee, to discuss the issues and concerns and make recommendations for improvement, if any; and,

(e) Submit the assessment to the DOM, or designee, after completing the exit consultation.

(5) After review of the assessment, the DOM, or designee, must submit a summary report to the facility administrator, or administrator designee.

Rulemaking Authority 400.0071 FS. Law Implemented 400.0060(1), 400.0071, 400.0074 FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Susan Rice, Assistant General Counsel, Department of Elder Affairs, 4040 Esplanade Way, Tallahassee, Florida 32399-7000, [phone], [e-mail]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles T. Corley, Secretary, Department of Elder Affairs
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 20, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 6, 2012