The Agency proposes to amend Rule 59A-36.006 regarding admission and continued residency criteria for assisted living facilities as it relates to communicable diseases.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-36.006Admission Procedures, Appropriateness of Placement and Continued Residency Criteria

PURPOSE AND EFFECT: The Agency proposes to amend Rule 59A-36.006 regarding admission and continued residency criteria for assisted living facilities as it relates to communicable diseases.

SUMMARY: Rule 59A-36.006 specifies admission procedures and placement and residency criteria for assisted living facilities. The Agency proposes to amend Rule 59A-36.006 regarding admission and continued residency criteria for assisted living facilities as it relates to communicable diseases.

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: 429.07, 429.41 FS

LAW IMPLEMENTED: 429.07, 429.26, 429.28, 429.41 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: June 25, 2024, from 2:00 pm – 3:00 pm

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida, 32308, Building 3, Conference Room B. You may also participate by dialing the Open Voice conference line, 1(888)585-9008, then enter the conference room number followed by the pound sign, 998-518-088#. The agenda and related materials can be found on the web at:

https://ahca.myflorida.com/health-care-policy-and-oversight/bureau-of-health-facility-regulation/rulemaking.

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: Chequita Byrd, Assisted Living Unit, 2727 Mahan Drive, Tallahassee, Florida, 32308, [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: Chequita Byrd, [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-36.006 Admission Procedures, Appropriateness of Placement and Continued Residency Criteria.

(1) ADMISSION CRITERIA.

(a) An individual must meet the following minimum criteria in order to be admitted to a facility holding a standard, limited nursing services, or limited mental health license:

1. Be at least 18 years of age.

2. Be free from signs and symptoms of any evaluated by a health care practitioner for signs and symptoms of communicable disease that is likely to be transmitted to other residents or staff. An individual who has human immunodeficiency virus (HIV) infection or exhibits signs or symptoms of or has been diagnosed with an infectious disease that can be spread through droplet or airborne transmission, at the discretion of the facility, may be admitted to the a facility if appropriate precautions are implemented by facility staff and, provided that the individual would otherwise be eligible for admission according to this rule.

3. through 15. No change

(b) through (e) No change

(2) through (6) No change

Rulemaking Authority 429.07, 429.41 FS. Law Implemented 429.07, 429.26, 429.28, 429.41 FS. History–New 9-17-84, Formerly 10A-5.181, Amended 10-20-86, 6-21-88, 8-15-90, 9-30-92, Formerly 10A-5.0181, Amended 10‑30‑95, 6‑2-96, 10-17-99, 7-30-06, 10-9-06, 4-15-10, 10-14-10, 4-17-14, 5-10-18, Formerly 58A-5.0181, 7-1-19, Amended 10-7-21, Amended _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chequita Byrd

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jason Weida

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 13, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 28, 2023