AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing
RULE NOS.:RULE TITLES:
59A-36.019Emergency Management
59A-36.025Emergency Environmental Control for Assisted Living Facilities
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 49 No. 120, June 21, 2023 issue of the Florida Administrative Register.
AHCA Form 3180-5006, “Minimum Emergency Management Planning Criteria for Assisted Living Facilities,” September 2023, will be updated to a new format to include a revised numbering system for sections of the form.
59A-36.019 Emergency Management.
(1) EMERGENCY PLAN COMPONENTS. Pursuant to section 429.41, F.S., each facility must prepare a written comprehensive emergency management plan using “Minimum Emergency Management Planning Criteria for Assisted Living Facilities,” AHCA Form 3180-5006, September June 2023, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. The form is also available at: https://ahca.myflorida.com/MCHQ/Emergency_Activities/index.shtml. The emergency management plan must, at a minimum, address the following:
(a) Through (h) No change.
(2) EMERGENCY PLAN APPROVAL.
(a) The facility must review and submit its emergency management plan on an annual basis in accordance with section 408.821(1), F.S.
1. A significant modification to a previously approved plan must be submitted within 30 days after the change. For the purposes of this rule, “significant modification” means a change to the information provided in support of the minimum required plan criteria, procedures, memorandums of understanding, contracts, or agreements identified in the plan, or appendices or supporting documentation that alters the execution of the plan and the required arrangements made therein. Changes in spelling or grammar, or in the name, address, telephone number, or position of staff listed in the plan are not considered significant modifications for the purposes of this rule.
2. Changes in the name, address, phone number, email address or position of staff identified in the plan are not considered significant modifications for the purposes of this rule. Changes to that information identification of specific staff must be submitted to the county emergency management agency as part of the emergency management plan submitted annually as a signed and dated addendum that is not subject to review and approval.
3. If a change to the emergency management plan is required to be submitted due to a significant modification, the change must be identified and described.
4. A change to the emergency management plan due to a significant modification does not alter the annual review date unless the change is due to a change of ownership of the facility.
(b) through (c) No change.
(3) through (5) No change.
Rulemaking Authority 429.41, 408.821, FS. Law Implemented 429.41, 408.821, FS. History–New 10-17-99, Amended 7-30-06, 4-17-14, Formerly 58A-5.026, 7-1-19. Amended _________.
59A-36.025 Emergency Environmental Control for Assisted Living Facilities.
(1) through (7) No change.
(8) NOTIFICATION.
(a) Within five (5) business days, each assisted living facility must notify in writing, unless permission for electronic communication has been granted, each resident and the resident’s legal representative:
1. Upon the initial submission of the plan to the county emergency management agency that the plan has been submitted for review and approval;
2. Upon final implementation of the plan by the assisted living facility.
3. Annual submissions and approvals of the plan do not require notification to residents or their legal representatives unless a significant modification as defined in Rule 59A-36.019, section 59A-36.019(2)(a)1., F.A.C., has been made to the plan.
(b) No change.
Rulemaking Authority 429.41, FS. Law Implemented 429.19, 429.41, FS. History–New 3-26-18, Formerly 58A-5.036, 7-1-19, Amended _______.
