Notice of Proposed Rule

DEPARTMENT OF ELDER AFFAIRS
Community Care for the Elderly
RULE NO.: RULE TITLE:
58C-1.003: Administration
58C-1.005: Service Provider Requirements
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SUMMARY: These rules are being repealed as the specific requirements of these rules substantially restate information that is included in the individual contracts the Department has executed with the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 Community 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 FS.
LAW IMPLEMENTED: 430.03, 430.04, 430.202, 430.203, 430.204, 430.205 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: (850)414-2113, Email address: rices@elderaffairs.org

THE FULL TEXT OF THE PROPOSED RULE IS:

58C-1.003 Administration.

(1) The department shall plan, develop, and coordinate a statewide program to carry out its responsibilities under the Community Care for the Elderly program.

(2) The AAA, under contract with the department, shall designate lead agencies and administer the Community Care for the Elderly program in accordance with its contract with the department.

(3) Lead agencies shall provide, directly or through subcontracts, case management and core services; maintain client and program records; and provide reports as specified in their contracts with the AAAs.

Rulemaking Specific Authority 430.08 FS. Law Implemented 430.03, 430.04, 430.202, 430.203, 430.204, 430.205 FS. History–New 3-11-81, Formerly 10A-10.03, 10A-10.003, Amended 3-28-95, 9-24-08, Repealed________.

 

58C-1.005 Service Provider Requirements.

All service providers must provide services in accordance with the requirements in their contracts with the contractor.

Rulemaking Specific Authority 430.08 FS. Law Implemented 430.03, 430.04, 430.204, 430.205 FS. History–New 3-11-81, Formerly 10A-10.05, 10A-10.005, Amended 3-28-95, 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