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Rulemaking

Kimberly A. Stewart
HQA Rules and Forms Coordinator
Bureau of Health Facility Regulation
Division of Health Quality Assurance
2727 Mahan Drive, Mail Stop #28A
Tallahassee, Florida 32308
Telephone: (850) 412-3492
Florida Relay Service (TDD): (800) 955-8771
Email: Kimberly.Stewart@ahca.myflorida.com

Jeremy Roberts
Government Operations Consultant
Telephone:850-412-4432
Email: Jeremy.Roberts@ahca.myflorida.com

Julie Gibson
Government Operations Consultant
Telephone:850-412-4413
Email: julie.gibson@ahca.myflorida.com

Below is a list of open rules for HQA including information related to upcoming rule workshops and hearings. Links to notices published in the Florida Administrative Register (F.A.R.) can be found under "notices published for this rulemkaing." Contact information is listed in each notice for the related rulemaking.

All Agency rules can be found in the Florida Administrative Register (F.A.R.)

The Health Quality Assurance rulemaking team maintains this page. If you find errors or have questions about content on the page, please contact a member of the rulemaking team.

Rule Chapter 59A-3, Hospital Licensure

Rule 59A-3.249, Neonatal Intensive Care Units
Notices Published for This Rulemaking
A notice of withdrawal was published for Rule 59A-3.249, F.A.C., Neonatal Intensive Care Units, on June 14, 2021, in Vol. 47/No. 114 of the Florida Administrative Register (FAR). The rule was withdrawn as the Agency intends to proceed with negotiated rulemaking. Information regarding the negotiated rulemaking will be published in the FAR and posted on our Rulemaking page as it is available.

Rule Chapter 59A-8, Minimum Standards for Home Health Agencies

Rule 59A-8.0248, Excellence In Home Health
Notices Published for This Rulemaking
The Agency proposes to adopt a new rule to implement section 400.52, F.S., relating to the Excellence in Home Health Program. Under the Excellence in Home Health Program awards may be designated to well-performing home health agencies based on survey performance and other criteria. Rule 59A-8.0248 will provide minimum standards for award designation, including the requirements for the application process and criteria to be met.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda

Rule 59A-8.005, Certificates of Exemption and Exempt Status
Notices Published for This Rulemaking
The Agency proposes to amend Rule 59A-8.005 to update the Application for Exemption from Licensure as a Home Health Agency, AHCA Form 3110-1009, with the addition of two new exemptions specified in section 400.464(6), F.S., which includes persons or entities providing skilled therapy services or providing services through volunteers or relatives of the patient.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda
Draft Rule Text

Rule 59A-8.0095, Personnel
Notices Published for This Rulemaking
The Agency proposes to revise rule 59A-8.0095 to clarify training, delegation of tasks and supervisory requirements for home health aides and certified nursing assistants, align requirements for alternate administrators with administrators and alternate director of nursing with director of nursing, and require submission of the license application form to report certain personnel changes.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda

Rule Chapter 59A-11, Birth Center Standards and Licensure

Rule 59A-11.003, Licensure Procedures
Notices Published for This Rulemaking
The Agency proposes to update incorporated application form, strike specific licensing fee amount from rule, and remove obsolete language.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda
Draft Rule Text

Rule 59A-11.005, Requirements for Licensure
Notices Published for This Rulemaking
The Agency proposes to revise rule text to include autonomous certified nurse midwives authorized to provide services in a birth center.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda

Rule 59A-11.019, Reports
Notices Published for This Rulemaking
The Agency proposes to create a new online reporting form to address new requirements in section 383.327, F.S., and update Birth Center Annual Report, AHCA Form 3130-3004OL, to address timeframe requirements.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda

Rule Chapter 59A-16, Adult Day Care

Rule 59A-16.107, Participant and Program Data, Comprehensive Emergency Management Plan
Notices Published for This Rulemaking
The Agency proposes to amend Rule 59A-16.107, F.S., based on changes made in HB731, which modified 408.821, F.S., with new submission requirements for emergency management plans. Language regarding submission of comprehensive emergency management plans (CEMP) will be revised to not conflict with statute.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda
Draft Rule Text

Rule Chapter 59A-18, Nurse Registries Standards and Licensing

Rule 59A-18.0145, Nurse Registry Excellence Program
Notices Published for This Rulemaking
The Agency proposes to adopt a new rule to implement section 400.53, F.S., relating to the Nurse Registry Excellence award program. Under the Nurse Registry Excellence Program, awards may be designated to well-performing nurse registries based on survey performance and other criteria. Rule 59A-18.0145 will provide minimum standards for award designation, including the requirements for the application process and criteria to be met.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda

Rule Chapter 59A-26, Minimum Standards For Intermediate Care Facilities For The Developmentally Disabled

Rule 59A-26.002, Licensure Procedure, Fees and Exemptions
Notices Published for This Rulemaking
Pursuant to section 400.962, F.S., the Agency proposes to update the license application form for intermediate care facilities with new sections to address requirements for applicants with a certificate of need exemption.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda

Rule Chapter 59A-35, Health Care Licensing Procedures

Rule 59A-35.040, License Required; Display
Notices Published for This Rulemaking
The Agency proposes to amend rule 59A-35.040, F.A.C., to remove Multiphasic Health Testing Centers pursuant the repeal of Chapter 483 Part I, F.S. Sunset language and language related to home health agency exemptions will also be added.
Hearing Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Hearing Notice
Agenda

Rule 59A-35.060, Licensure Application Process
Notices Published for This Rulemaking
The Agency proposes to amend Rule 59A-35.060, F.A.C., to incorporate all licensure application forms into the rule.  Currently some licensure applications are incorporated within Rule Chapter 59A-35 and other program specific rule chapters.  Placing all the application forms into one rule chapter will enable the Agency to make uniform changes more effectively, assist consumers to easily find licensure application forms in rule, and allow the Agency to revise application forms at one time within one rule chapter.  In addition, revised licensure application forms for nursing homes, assisted living facilities, home health agencies, and companion services or homemaker services providers will include a direct care workforce survey in accordance with 408.822, F.S.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda
Draft Rule Text

Rule 59A-35.110, Reporting Requirements; Electronic Submission
Notices Published for This Rulemaking
The Agency is proposing to revise Rule 59A-35.110, F.A.C., to add sunset language and strike a requirement that approval of revisions to emergency management plans be reported within 21 days of occurrence as it conflicts with 408.821, F.S., which requires notification to the Agency within 30 days after approval.
Hearing Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Hearing Notice
Agenda

Rule 59A-35.115, Patient Safety Surveys
Notices Published for This Rulemaking
Pursuant to HB 763 (2020) which amended s. 395.1012 and 408.05, F.S., the Agency proposes to develop a new rule pertaining to patient safety culture surveys. The Agency proposes to create a new electronic reporting form with corresponding rule language to include timeframe requirements, instruction for using and submitting the form, and other parameters specified in HB 763.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda

Rule 59A-35.300, Reporting of Emergency Status, Planning and Operations
Notices Published for This Rulemaking
The Agency is proposing to create a new rule regarding activities related to emergency planning. This new rule will outline requirements for provider participation in reporting information to the Agency regarding its emergency status, planning and operations.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda
Draft Rule Text

Rule 59A-35.310, Emergency Planning, Training and Response
Notices Published for This Rulemaking
The Agency is proposing to create a new rule regarding emergency planning, training, and response. The new rule includes emergency preparedness requirements and incorporates by reference comprehensive emergency management plan (CEMP) forms required for certain health care providers.  Incorporating the forms into one rule chapter will enable the Agency to make uniform changes more effectively and assist providers to easily locate the information.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice (Note: This initial rule workshop will focus on the draft rule language.  Future workshops will be held to discuss program specific CEMPs.)
Agenda
Draft Rule Text

Rule Chapter 59A-36, Assisted Living Facility

Rules 59A-36.001, 36.016 and 36.017
Notices Published for This Rulemaking
59A-36.001 Standards and Criteria for Determining Compliance with Facility Standards and Resident Rights
59A-36.016 Adverse Incident Report
59A-36.017 Liability Claim Report
The Agency proposes to repeal rules 59A-36.001 and 36.017, F.A.C., based on changes to sections 429.28(3)(a) and 429.23 F.S., and 36.016 as it duplicates section 429.23(3) and (4) F.S., and Rule 59A-35.110, F.A.C.
Hearing Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Hearing Notice
Agenda

Rules 59A-36.019 and 36.025
Notices Published for This Rulemaking
59A-36.019, Emergency Management
59A-36.025, Emergency Environmental Control for Assisted Living Facilities
Rules 59A-36.019 and 59A-36.025 will be updated to align with statute regarding submission and approval of comprehensive emergency management plans (CEMP) and emergency environmental control plans. Obsolete language regarding extensions for emergency environmental control plan implementation, Agency requests for assistance from the State Fire Marshal to complete inspections, and annual notification of plan approval to residents or their legal representatives will also be removed.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda
Draft Rule Text

Rules 59A-36.007, 36.008, 36.028
Notices Published for This Rulemaking
59A-36.007, Resident Care Standards
59A-36.008, Medication Practices
59A-36.028, ALF Minimum Core Training Curriculum Requirements
The Agency proposes to revise rules 59A-36.007, 36.008 and 36.028, F.A.C., to include specifications for a care plan, staff monitoring, and periodic review by a physician pertaining to use of physical restraints, the option for a resident to waive being orally advised of medication names and dosages, clarification for coordination of third party services, infection control procedures, and requirements for core trainer registration and removal.
Hearing Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Hearing Notice
Agenda

Rules 59A-36.002, 36.006, 36.021, 36.022
Notices Published for This Rulemaking
59A-36.002, Definitions
59A-36.006, Admission Procedures, Appropriateness of Placement and Continued Residency Criteria
59A-36.021, Extended Congregate Care Services
59A-36.022, Limited Nursing Services
The Agency proposes to revise rules 59A-36.002, 36.006, 36.021, and 36.022 F.A.C., pursuant to HB 767 (2020) to update an incorporated form, revise admission criteria and extended congregate care continued residency criteria to include residents receiving hospice services pursuant to s. 429.26(1)(c), F.S. and to clarify language relating to nursing progress notes.
Hearing Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Hearing Notice
Agenda
Incorporated Materials

Rule Chapter 59A-37, Adult Family Care Homes

Rules 59A-37.002 and 37.007
Notices Published for This Rulemaking
59A-37.002, License Application, Renewal and Conditional Licenses
59A-37.007, Staff Qualifications, Responsibilities and Training
Pursuant to changes in section 408.809, F.S., the Agency proposes to amend Rules 59A-37.002 and 59A-37.007, to strike obsolete and/or duplicative language, remove obsolete forms and update background screening language.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda
Draft Rule Text

Rule Chapter 59A-38, Hospice Procedures

Rule 59A-38.004, Administration of the Hospice
Notices Published for This Rulemaking
The Agency proposes to update rule 59A-38.004 pursuant to changes in section 400.60501(1), F.S., to align hospice outcome measures and survey data with federal regulations adopted by the Centers for Medicare and Medicaid Services (CMS).
Hearing Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Hearing Notice
Agenda

Rule 59A-38.007, Program Reporting Requirements
Notices Published for This Rulemaking
HB731 (2020) amended section 400.60501, F.S., to remove the requirement that the Agency develop an annual report form for national hospice outcome measures and survey data. The Agency proposes to revise rule 59A-38.007 with new requirements related to hospice reporting.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Workshop Notice
Agenda

Rule Chapter 59C-1, Procedures For The Administration Of Sections 408.031-408.045, Florida Statutes, Health Facility And Services Development Act

Rules 59C-1.004, .005, .0085, .010, .012, .021, .030
Notices Published for This Rulemaking
59C-1.004 Projects Subject to Review
59C-1.005 Certificate of Need Exemption Procedure
59C-1.0085 Project Specific Certificate of Need Application Procedures
59C-1.010 Certificate of Need Application Review Procedures
59C-1.012 Administrative Hearing Procedures
59C-1.021 Certificate of Need Penalties
59C-1.030 Criteria Used in Evaluation of Applications
The Agency proposes to amend these rules pursuant to HB 21 during the 2019 legislative session to delete references to hospital projects no longer subject to Certificate of Need review. Language has also been added to clarify those projects which require a Certificate of Need.
Hearing Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Hearing Notice
Agenda

Rule 59C-1.020, Effect on Licensure
Notices Published for This Rulemaking
The Agency proposes to repeal rule 59C-1.020 as it as it duplicates Section 408.034, F.S.
Hearing Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Hearing Notice
Agenda

59C-1.022 Health Care Facilities Fee Assessments and Fee Collection Procedures
Notices Published for This Rulemaking
Agency proposes to update this rule to rename “birthing centers” as “birth centers,” remove references to Clinical Laboratories and Multiphasic Testing Centers as these programs are no longer regulated, and correct a department name.
Hearing Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Hearing Notice
Agenda

Rule Chapter 59E-2, ORGANIZATION AND PROCEDURE AND RULES OF GENERAL APPLICABILITY

Rule 59E-2.025, Guidelines for Calculation of Administrative Fines.
Notices Published for This Rulemaking
The Agency proposes to amend Rule 59E-2.025, F.A.C., to strike language requiring specific fine penalties for failure to file a report and knowingly filing a false report, update rulemaking authority pursuant to JAPC comments and add sunset language.
Hearing Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 476-211-242#
Hearing Notice
Hearing Agenda

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