Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 5, February 2, 2007 issue of the Florida Administrative Weekly.

These changes are in response to comment received from the Joint Administrative Procedures Committee.

59A-4.200(5) has been changed to read as follows:

(5) Quality of Care score means all of the parameters included in the Nursing Home Guide that reflect the results of the overall inspection. These parameters are defined in the Nursing Home Guide Performance Measures Algorithm, July 2000, as specified in Rule 59A-4.165, F.A.C. ~~Selected tags means a set of deficiency citations which reflect quality of care in nursing homes. The selected tags are listed in the AHCA Gold Seal Scoring and Ranking Algorithm dated August 2000.~~

59A-4.201(1)(b) and 59A-4.201(2) have been changed to read as follows:

(b)~~(3)~~ A completed application for Gold Seal Award (AHCA Form 3110-0007 (Rev. March 07) ~~(September 2000)~~, which is incorporated by reference. Copies of this form may be obtained from the Agency for Health Care Administration, Long Term Care Unit, 2727 Mahan Drive, MS 33, Tallahassee, FL 32308 or from the Agency website at http://ahca.myflorida.com/MCHQ/Long_Term_Care/LTC/index.shtml;

(2) During the effective dates of the award, a nursing home licensee may use the Gold Seal designation in facility advertising and marketing. All advertising and marketing of the Gold Seal designation must include the range of dates for which the Gold Seal was awarded and shall ~~should~~ only represent the facility to which it has been designated. Within 90 days after termination or expiration of the Gold Seal award, the Gold Seal designation must be removed from all advertising and marketing materials.

59A-4.2015(1) and 59A-4.2015(4) have been changed to read as follows:

(1) A review process is established which provides submission deadlines for applications, and Panel meeting timeframes to review applications. Facilities may submit applications at any time for review as follows.

(4) Quality of care scoring information may be obtained by contacting the Bureau of Long Term Care Services at (850)488-5861 or from the Agency website at http://ahca.myflorida.com/MCHQ/Long_Term_Care/index.shtml under the heading Nursing Home Gold Seal Award/ Governor’s Panel on Excellence in Long-Term Care.

59A-4.205 has been changed to read as follows:

The State Long Term Care Ombudsman Council shall provide a profile of substantiated ~~verified~~ ombudsman program complaints against licensees ~~facilities~~ applying for the Gold Seal Award. Upon request, the State Long Term Care Ombudsman Council shall provide the findings of ombudsman program administrative inspections of facilities applying for the Gold Seal Award. The Panel on Excellence in Long Term Care shall make the final determination regarding whether the licensee ~~facility~~ demonstrated an outstanding history in regard to substantiated ~~verified~~ ombudsman complaints.

The following has been changed to read as follows below all rules noted:

Specific authority 400.235(9) ~~400.235~~ FS. Law Implemented 400.235 ~~400.235(9)~~ FS.