The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF ELDER AFFAIRS
Home Care for the Elderly

RULE NO.: RULE TITLE:
58H-1.001: Purpose
58H-1.004: Access to the Program
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: These rules are being repealed as the specific requirements of these rules substantially restate portions of Section 430.601, Florida Statutes, and information that is included in the individual contracts the Department has executed with the area agencies on aging and the lead agencies in the administration of the Home Care for the Elderly program, and are therefore, duplicative.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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.
STATEMENT REGARDING LEGISLATIVE RATIFICATION: The repeal of this rule is not expected to require legislative ratification pursuant to Section 120.541(3)(a)1., F.S., as there will be no impact on economic growth, job creation or employment, private-sector investment, or business competitiveness and no increase in regulatory costs.
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: 430.08, 430.603 FS.
LAW IMPLEMENTED: 430.601, 430.603, 430.606 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: September 8, 2011, 9:00 a.m. – 12:00 Noon
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 309, Tallahassee, FL 32399-7000
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan E. Rice, Asst. General Counsel, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Suite 315, Tallahassee, FL 32399-7000, Telephone number: [phone], Email address: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

58H-1.001 Purpose.

The purpose of these rules is to provide a framework for the Department of Elder Affairs (DOEA) to administer Sections 430.601-.608, F.S. The Home Care for the Elderly (HCE) program provides financial subsidies and support services to encourage and assist individuals who live with and provide care for frail elderly individuals in family-type arrangements in private homes on a not for profit basis.

Rulemaking Specific Authority 430.08, 430.603 FS. Law Implemented 430.601 FS. History–New 1-1-96, Amended 9-24-08, Repealed________.

 

58H-1.004 Access to the Program.

(1) Requests for Home Care for the Elderly program services may be initiated by the applicant or the applicant’s caregiver.

(2) The application process must be completed as specified in the case management agency’s contract with the area agency on aging.

Rulemaking Specific Authority 430.08, 430.603 FS. Law Implemented 430.603, 430.606 FS. History–New 1-1-96, Amended 9-24-08, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Susan E. Rice, Asst. General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles T. Corley, Interim Secretary, Department of Elder Affairs
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 20, 2011