Notice of Proposed Rule

AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing
RULE NO.: RULE TITLE:
59A-3.312: Exceptions
PURPOSE AND EFFECT: The Agency proposes to repeal a rule related to hospital standards and licensure.
SUMMARY: The rule allows special hospitals to apply for an exception to rules and standards relating to operational functions, design and construction of special hospitals. The Agency proposes to repeal this rule based upon no statutory mandate for its purpose.
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 there is no statutory authority for this rule and that repeal will not have an adverse impact on small business and is not likely to directly or indirectly increase regulatory costs by more than $200,000 within one year of taking effect. 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: Statutory authority does not exist for this rule.
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: 395.003, 395.0163, 395.1055, 408.819 FS.
LAW IMPLEMENTED: 395.002, 395.1055 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:
DATE AND TIME: February 23, 2012, 10:00 a.m.
PLACE: Ft. Knox Bldg. 3, Conference Room D, 2727 Mahan Drive, Tallahassee, FL 32308
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 5 days before the workshop/meeting by contacting: Kimberly A. Stewart, Phone: (850)412-4362. 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: Kimberly A. Stewart, Phone: (850)412-4362

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-3.312 Exceptions.

Rulemaking Specific Authority 395.003, 395.0163, 395.1055 FS. Law Implemented 395.002, 395.1055 FS. History–New 2-15-82, Formerly 10D-28.111, 59A-3.111, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Kimberly A. Stewart, Phone: (850)412-4362
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek, Secretary, Agency for Health Care Administration
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 4, 2012