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Rulemaking

Jeremy W. Roberts
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) 412-4432
Florida Relay Service (TDD): (800) 955-8771
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
Section 395.1055, F.S. tasks the Agency with adopting licensure requirements for neonatal intensive care services within hospitals. The proposed rule will address quality of care, nurse staffing, physician staffing, physical plant, equipment, and emergency transportation.
A rule hearing will be held at the date, time and place shown below:
Date and time: January 31, 2022, 9:30 am - 11:30 am
Hearing Notice
Agenda

Rule 59A-3.2491, Neonatal Intensive Care Unit (NICU) Data Reporting
Notices Published for This Rulemaking
The Agency proposes to create a new rule within Chapter 59A-3, F.A.C., Hospital Licensure, for requirements related to NICU data reporting.
Draft Text

Rule Chapter 59A-4, Minimum Standards for Nursing Homes

Rule 59A-4.1081, Personal Care Attendant Training Program Requirements
Notices Published for This Rulemaking
The Agency proposes to create a new rule to implement 400.141(1)(w), F.S., relating to the Personal Care Attendant Training Program. The program permits a nursing home licensed pursuant to Chapter 400 Part, II, F.S., to employ trained personal care attendants (PCAs) and will enable PCAs to further obtain skills and training from their employer towards the goal of successfully passing the Certified Nursing Assistant exam.
A rule hearing will be held at the date, time and place shown below:
Date and time: February 25, 2022, 2:00pm – 4:00pm
Call Into the Hearing: You may participate by phone by dialing the Open Voice conference line, 1(888)585-9008, then enter the conference room number followed by the pound sign, 476-211-242#.
Attend In Person: Agency for Health Care Administration, 2727 Mahan Drive, Building #3, Conference Rooms A, B. and C, Tallahassee, FL 32308.
Hearing Notice
Agenda

Rule 59A-4.110, Dietary Services
Notices Published for This Rulemaking
The Agency proposes to amend Rule 59A-4.110, F.A.C., Dietary Services to change the title of the rule to be congruent with the federal language, specify the requirements for food and nutrition services, and to add sunset language.
Workshop Notice
Agenda
Draft Rule Text

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-8.0095, 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.
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
Draft Licensing Application
Draft Online Licensing Application

Rule 59A-11.019, Reports
Notices Published for This Rulemaking
HB 731 (2020) amended section 383.327, F.S., to allow the timeframe for birth center annual reports to be prescribed by rule and to require that birth centers report each maternal death, newborn death, and stillbirth death to the Agency. The Agency proposes to update Birth Center Annual Report, AHCA Form 3130-3004OL, to address the reporting requirement.
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
Draft Report Form

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-35, Health Care Licensing Procedures

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-35.115, Patient Safety Surveys
Notices Published for This Rulemaking
The Agency proposes to incorporate patient safety survey forms for hospitals and ambulatory surgical centers with rule language to specify reporting period and format for submission of survey data to the Agency
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
Draft Hospital Survey
Draft Ambulatory Surgical Center Survey

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-36.019 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

Rule 59A-36.012, Food Service Standards
Notices Published for This Rulemaking
The Agency is proposing to amend Rule 59A-36.012 to incorporate updated USDA Dietary Guidelines used in meal planning by assisted living facilities.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 998-518-088#
Workshop Notice
Agenda
Draft Rule Text

Rule 59A-36.021, Extended Congregate Care Servicess
Notices Published for This Rulemaking
The Agency is proposing to amend Rule 59A-36.021 to reference the Florida Building Code as it relates to physical plant standards for extended congregate care licensing.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 998-518-088#
Workshop Notice
Agenda
Draft Rule Text

Rule Chapter 59A-38, Hospice Procedures

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.
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#
Workshop Notice
Agenda

Rule Chapter 59B-9, Patient Data Collection, Ambulatory Surgery and Emergency Department

Rules 59B-9.031, 9.032, 9.033, 9.034, 9.035, 9.037, and 9.038
Notices Published for This Rulemaking
The Agency is proposing to amend rules within Chapter 59B-9 to align with implementation of the new Florida Discharge Data Collection system. The new data collection system is a .net application that will incorporate the manual functions required in its current data submission application. The rule amendments incorporate new data type schemas required for the new system, update header elements and character field allowance for AHCA Numbers and practitioner licenses, and add definitions, electronic certification and clarifying language.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 998-518-088#
Workshop Notice
Agenda
Draft Text
Schema 59B-9.034

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

Rule 59C-1.008, Certificate of Need Application Procedures
Notices Published for This Rulemaking
The Agency will hold a rule hearing to allow for additional public input for its proposal to amend Rule 59C-1.008 to: remove references to Rule Chapter 59A-3 Hospital Licensure and remove references of the terms hospitals and general hospitals; revise incorporated forms AHCA Form 3150-0001 and AHCA Form 3150-0003; specify the process for expedited reviews and batched reviews for checks returned by the bank for insufficient funds; clarify sunset language; and include clarification for reporting mathematical or data input errors made by the Agency in its calculation of Fixed Need Pool numbers.
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
Application for Certificate of Need
Application for Transfer of a Certificate of Need

Rule Chapter 59E-7, Inpatient Data Collection

Rules 59E-7.012, 7.021, 7.023, 7.025, 7.027, and 7.028
Notices Published for This Rulemaking
The Agency proposes to amend rules within Chapter 59E-7 to align with implementation of the new Florida Discharge Data Collection system. The new data collection system is a .net application that will incorporate the manual functions required in its current data submission application. The rule amendments incorporate updated data type schemas required for the new system, update header elements and character field allowance for AHCA Numbers and practitioner licenses, and add definitions, electronic certification and clarifying language.
Workshop Information:
No public face-to-face meeting; participate by using Open Voice conference line: 1-888-585-9008; Conference room number 998-518-088#
Workshop Notice
Agenda
Draft Text
Schema 59E-7

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