3337399, 59A-8.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 3337399

Notice of Proposed Rule

Department:

AGENCY FOR HEALTH CARE ADMINISTRATION

Division:

Health Facility and Agency Licensing

Chapter:

MINIMUM STANDARDS FOR HOME HEALTH AGENCIES

Overview

RULE:

59A-8.002	Definitions
59A-8.003	Licensure Requirements
59A-8.004	Licensure Procedure (Repealed)
59A-8.0086	Denial, Suspension, Revocation of License and Imposition of Fines (Repealed)
59A-8.022	Clinical Records
59A-8.027	Emergency Management Plans

PURPOSE:

The purpose of the rule revisions is to conform the rules and Comprehensive Emergency Management Plan format to changes made by the 2006 Florida Legislature in Chapters 2006-71 and 2006-192, Laws of Florida; to clarify language regarding financial instability; to revise the Affidavit of Compliance with Screening Requirement form to add level 2 screening and annual submission as required in Section 435.04, F.S.; and to remove the time frame for clinical records retention since it is stated in 400.491, F.S.  The effect will be updated rules with uniform licensure procedures that conform to state laws; a revised Comprehensive Emergency Management Plan format that includes the means by which the same type and quantity of services received in the home will be provided to patients evacuated to special needs shelters; and an updated Affidavit of Compliance with Screening Requirement form for administrators to attest to completion of both level 1 and level 2 screening for staff as required in law.

SUMMARY:

The rules are being updated due to the changes to Chapter 400, Part III, Florida Statutes made by the 2006 Florida Legislature in Chapters 2006-71 and 2006-192, Laws of Florida.  The changes in the rules for Chapter 2006-71 are: revising 59A-8.027 and the Comprehensive Emergency Management Plan format to include the means by which the same type and quantity of services will be provided to special needs patients in shelters that they received prior to the evacuation; removing the Department of Health as the reviewer of multi-county plans as requested by the Department and referring to the contact designated by the Department for plan reviews; and adding the requirement for documentation of efforts made to deliver the same type and quantity of services in the patient record if the home health agency is unable to continue services.  The following revisions were made to comply with Chapter 2006-192:  the change of ownership definition was deleted in 59A-8.002 since the definition is now in s. 408.803, F.S.; the time frame for applicants to respond to letters of omission was changed to 21 days from 30 days in 59A-8.0086; and the legal right to occupy property was added to address change requirements in 59A-8.003.  Legal references from Chapter 408, Part II, F.S., replaced Chapter 400, Part III, F.S., references in sections of the rules pertaining to initial, renewal and change of ownership licensure applications; surveys; voluntary relinquishment of license; injunctions; level 2 background screening for administrators and financial officers; and financial instability.  Legal references from Chapter 408, Part II, F.S., were inserted in sections of the rule pertaining to administrative fines, denials and moratoriums in addition to the Chapter 400, Part III, F.S., references.  Other changes include clarification of requirements when financial instability is found; revision of the Affidavit of Compliance with Screening Requirement form to add level 2 and annual submission per 435.04, F.S.; removal of the time frame for clinical record retention since it is stated in Section 400.491, F.S.; and assign new form number to the revised Comprehensive Emergency Management Plan for Home Health Agencies as the original form number duplicated an existing Agency form.

RULEMAKING AUTHORITY:

400.491, 400.497 FS

LAW:

400.497, 408.806, 408.807, 408.809, 408.810, 408.811, 408.813, 408.814, 408.815, 408.816, FS

PRINT PUBLISH DATE:

12/29/2006 Vol. 32/52

COMMENTS:

From 12/29/2006 To 1/19/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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