59A-18.001: Purpose
59A-18.015: Surveys and Inspections
59A-18.016: Penalties
PURPOSE AND EFFECT: The purpose of the proposed rulemaking is to repeal Rules 59A-18.001, 59A-18.015, and 59A-18.016, F.A.C. The rules are no longer needed because the content is in state laws. The effect is that requirements in state rules that duplicate what is in state law will be removed.
SUMMARY: Rule 59A-18.001, F.A.C., repeats the purpose that is stated in Section 400.462(2), F.S. The requirements for access to records and frequency of surveys in Rule 59A-18.015, F.A.C., are now in state law at Section 408.811, F.S.; therefore, the rule is no longer needed. Rule 59A-18.016, F.A.C., provides authority for injunctions and specifies fine amounts. Since the authority for injunctions is in Section 408.816, F.S., and amounts for fines are specified in Section 400.484(2), 408.806(2)(d), and 400.506(4) and (15), F.S., Rule 59A-18.016, F.A.C., needs to be repealed. Also, the Agency’s review of the rules found that the Agency does not have legal authority in the state law to keep Rule 59A-18.016, F.A.C., and it must be repealed.
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 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: Rule 59A-18.001, F.A.C., is a single sentence that states the purpose of the rule chapter. It repeats what is stated as the purpose of the Chapter 400, Part III, F.S. The removal of this one sentence rule adds no costs to home health agencies whatsoever. Rule 59A-18.015, F.A.C., repeats the requirements for access to records and the frequency of surveys that is already stated in Section 408.811, F.S., for all facilities licensed by the Agency. The removal of Rule 59A-18.015, F.A.C., adds no cost to home health agencies since the requirements remain in the state law. Rule 59A-18.016, F.A.C., must be removed because the Agency has no legal authority to continue the rule. The removal of the rule will save costs for home health agencies because the fine for submitting late changes of ownership applications will be removed from the 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: 400.497, 400.506 FS.
LAW IMPLEMENTED: 400.497, 400.506 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anne Menard, Home Care Unit, Bureau of Long Term Care Services, AHCA, 2727 Mahan Drive, Mail Stop 34, Tallahassee, FL 32308, Anne.Menard@ahca.myflorida.com, (850)412-4385
THE FULL TEXT OF THE PROPOSED RULE IS:
59A-18.001 Purpose.
Rulemaking Specific Authority 400.497, 400.506 FS. Law Implemented 400.497, 400.506 FS. History–New 2-9-93, Amended 12-24-00, Repealed________.
59A-18.015 Surveys and Inspections.
Rulemaking Specific Authority 400.497, 400.506 FS. Law Implemented 400.481, 400.484, 400.506 FS. History–New 2-9-93, Amended 1-27-94, 12-24-00, 3-15-07, Repealed________.
59A-18.016 Penalties.
Rulemaking Specific Authority 400.497, 400.506 FS. Law Implemented 400.497, 400.506 FS. History–New 2-9-93, Amended 1-27-94, 12-24-00, 3-15-07, Repealed________.