59A-8.0086: Denial, Suspension, Revocation of License and Imposition of Fines
59A-8.0185: Personnel Policies
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to repeal the Rules 59A-8.0086 and 59A-8.0185, F.A.C. Rule 59A-8.0086, F.A.C., is no longer needed since the requirements are now in state laws. The Agency does not have legal authority for rulemaking on personnel policies and therefore, Rule 59A-8.0185, F.A.C., is being repealed.
SUMMARY: Rule 59A-8.0086, F.A.C., on denial, suspension, revocation of license and imposition of fines is no longer needed. The requirements for denials, suspensions, revocations and fines are now in Sections 408.806(3), 400.474, 400.484, 408.813, 408.814, and 408.815, F.S. Rule 59A-8.0185, F.A.C., on personnel policies includes requirements for health statements, personnel files, job descriptions and orientation of health personnel. Since a review by the Joint Administrative Procedures Committee attorney found that the Agency did not have legal authority for rules on personnel policies, the rule is being repealed.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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. An SERC has not been prepared by the agency.
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 FS.
LAW IMPLEMENTED: 400.474, 400.484 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-8.0086 Denial, Suspension, Revocation of License and Imposition of Fines.
Specific Authority 400.497 FS. Law Implemented 120.59, 400.474, 400.484 FS. History–New 10-27-94, Amended 1-17-00, 7-18-01, 9-22-05, 8-15-06, 3-29-07, Repealed________.
59A-8.0185 Personnel Policies.
Specific Authority 400.497 FS. Law Implemented 400.471, 400.497 FS. History–New 10-27-94, Amended 1-17-00, 7-18-01, 9-22-05, 8-15-06, Repealed________.