Notice of Proposed Rule

DEPARTMENT OF ELDER AFFAIRS
Federal Aging Programs
RULE NO: RULE TITLE
58A-6.003: Licensure Application Procedures
PURPOSE AND EFFECT: This rule amendment involves Adult Day Care Centers. The purpose of the proposed rule amendment is to comply with Sections 408.809 and 429.919, F.S., regarding background screening requirements for staff working in adult day care centers.
SUMMARY: This rule amendment includes the provision for proof of compliance with background screening requirements, pursuant to Sections 408.809 and 429.919, F.S., as part of the licensure application procedures for adult day care centers. Additionally, the rule amendment provides the electronic method for obtaining an adult day care center license application form.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was 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: 429.929 FS.
LAW IMPLEMENTED: 408.809, 429.909, 429.913(1)(b), 429.915, 429.919, 429.929, 435.04(5) 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: May 21, 2008, 9:30 a.m. – 10:30 a.m., EDST.
PLACE: Department of Elder Affairs, 4040 Esplanade Way, Conference Room 225F, Tallahassee, Florida 32399-7000
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 72 hours before the workshop/meeting by contacting: Jim Crochet, Department of Elder Affairs, 4040 Esplanade Way, Suite 315, Tallahassee, Florida 32399-7000; Telephone: (850)414-2000; Email address: crochethj@elderaffairs.org. 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: Jim Crochet, Department of Elder Affairs, 4040 Esplanade Way, Suite 315, Tallahassee, Florida 32399-7000; telephone: (850)414-2000; Email address: crochethj@elderaffairs.org

THE FULL TEXT OF THE PROPOSED RULE IS:

58A-6.003 Licensure Application Procedures.

(1) through (4) No change.

(5) Owners or operators of adult day care centers subject to licensure shall submit a completed application for a license through the Agency for Health Care Administration, 2727 Mahan Dr., Tallahassee, FL 32308. The Licensure Application for Adult Day Care Center, ADCC Form-1, dated December 2003, which is incorporated by reference, may be obtained from the Agency for Health Care Administration AHCA, Adult Day Care Program, 2727 Mahan Drive, Tallahassee, Florida 32308. The application may be also obtained from the AHCA Website at: http://ahca.myflorida.com/MCHQ/Long_T erm_Care/Assisted_living/adcc/ADCC_Application.pdf. The cost of the application package, which includes Chapter 429, Part III, F.S., and this rule chapter, is $5.00, in accordance with Section 429.929(3), F.S. Attached to the application shall be:

(a) through (b) No change.

(c) Proof of compliance with background screening requirements pursuant to Sections 408.809 and 429.919, F.S.

(6) through (7) No change.

Specific Authority 429.929 FS. Law Implemented 408.809, 429.909, 429.913(1)(b), 429.915(1), 429.919, 429.929 (3), 435.04(5) FS. History–New 7-8-81, Amended 2-27-84, Formerly 10A-6.03, 10A-6.003, 59A-16.003, Amended 11-9-95, 3-29-98, 10-23-01, 2-19-04,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Crochet
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: E. Douglas Beach Ph.D., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 7, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 28, 2008