Notice of Proposed Rule

DEPARTMENT OF ELDER AFFAIRS
Community Care for the Elderly
RULE NO: RULE TITLE
58C-1.004: Application Procedures
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to repeal the application process for entities desiring to become lead agencies and core service providers under the Community Care for the Elderly Program.
SUMMARY: This rule is being repealed, as the application process is included in the contractual agreement between an area agency on aging and case management agency, or case management agency and the core service providers. Therefore, the language is repetitive and unnecessary.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: This proposed rule repeal will not have an impact on small business as defined in Section 288.703, F.S.; therefore a statement of estimated regulatory costs has not been prepared.
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.
SPECIFIC AUTHORITY: 430.08 FS.
LAW IMPLEMENTED: 430.204, 430.205 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Tallahassee, Florida 32399-7000; Telephone number: (850)414-2000; Email address: crochethj@elderaffairs.org

THE FULL TEXT OF THE PROPOSED RULE IS:

58C-1.004 Application Procedures.

(1) Prior to advertising for the lead agency, each Area Agency on Aging, shall review the results of the most current aging needs assessment and waiting lists for services in each service area in order to determine the area of the planning and service area most in need of core services and which core services are most needed.

(2) Existing Community Care for the Elderly lead agencies and core service providers shall submit a service provider application each year in order to be considered for refunding. The Service Provider Application is DOEA Form #218, dated September 1994, available in the Office of the Department Secretary, and herein incorporated by reference.

(3) Standards for approval of applications.

(a) Prior to contracting with any lead agency, the Area Agency on Aging administering the program shall assess the applicant’s or provider agency’s ability to meet lead agency or service provider requirements as contained in Rule 58C-1.005, F.A.C.

(b) Applications which are properly and completely prepared according to the instructions provided will be approved for contracts subject to the availability of State and local resources in sufficient amounts to assure that cash outlays can be met.

(c) The contracting agency which funds and administers Community Care for the Elderly shall review all applications and determine which applications are approved for funding. The approved agency must demonstrate sound fiscal management in accordance with generally accepted accounting principles and be capable of providing core services, case management and coordination of services.

(d) The lead agency and any of its core service providers will provide a minimum of ten percent of the funding necessary to support the program. Cash or in-kind resources may be used to meet this matching requirement.

(4) Contracting and Financial Management Procedures. Contracts between the department, the Area Agency on Aging, lead agency or core service providers shall follow departmental contracting and financial management procedures.

Specific Authority 430.08 FS. Law Implemented 430.204, 430.205 FS. History–New 3-11-81, Formerly 10A-10.04, 10A-10.004, Amended 3-28-95, 10-30-05, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Crochet
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: E. Douglas Beach, Ph.D., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 30, 2008