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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

Kelli Fillyaw
Government Operations Consultant III
Telephone:850-412-4442
Email: kelli.fillyaw@ahca.myflorida.com

Below is a list of open rules for HQA. 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-3.066, Licensure Procedure
Notices Published for This Rulemaking
The Agency is proposing to amend Rule 59A-3.066, to clarify language and update incorporated licensing application forms.
Workshop Notice
Workshop information:
Attend In-person: Agency for Health Care Administration, 2727 Mahan Drive, Conference Room B, Tallahassee, FL 32308.
Attend Via Teleconference: Dial 1(888)585-9008, and then enter the conference room number followed by the pound sign, 998-518-088#.
Agenda
Draft Rule Text
AHCA Form 3130-8001 July 2022
AHCA Form 3130-8001OL July 2022

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

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 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:
Attend In-person: Agency for Health Care Administration, 2727 Mahan Drive, building #2, 3rd floor, Conference Room F, Tallahassee, FL 32308 (visitors must first sign in at security desk in building #3).
Attend Via Teleconference: Dial 1(888)585-9008, and then enter the conference room number followed by the pound sign, 998-518-088#.
Workshop Notice
Agenda
Draft Rule Text

Rule 59A-8.0097, Personnel Training and Validation Requirements
Rule 59A-8.0219, Medication Administration
Rule 59A-8.0216, RN Delegation of Tasks
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:
Attend In-person: Agency for Health Care Administration, 2727 Mahan Drive, building #2, 3rd floor, Conference Room F, Tallahassee, FL 32308 (visitors must first sign in at security desk in building #3).
Attend Via Teleconference: Dial 1(888)585-9008, and then enter the conference room number followed by the pound sign, 998-518-088#.
Workshop Notice
Agenda
59A-8.0097 Draft Rule Text
59A-8.0219 Draft Rule Text
59A-8.0216 Draft Rule Text

Rule Chapter 59A-9, Abortion Clinics

Rule 59A-9.034, Reports
Notices Published for This Rulemaking
The Agency proposes to revise Rule 59A-9.034 based on changes from HB5 (2022-69 L.O.F.) to update the monthly reporting form for abortion clinics (AHCA Form 3130-1010OL) and delete obsolete language.
Hearing Notice
Agenda
Draft Reporting Form

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 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 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:
Attend In-person: Agency for Health Care Administration, 2727 Mahan Drive, building #2, 3rd floor, Conference Room F, Tallahassee, FL 32308 (visitors must first sign in at security desk in building #3).
Attend Via Teleconference: Dial 1(888)585-9008, and then enter the conference room number followed by the pound sign, 998-518-088#.
Workshop Notice
Agenda
Draft Rule Text
Draft Hospital Survey
Draft Ambulatory Surgical Center Survey
Draft Hospital Data File Specifications
Draft Ambulatory Surgical Center Data File Specifications
Draft Hospital Survey Tool
Draft Ambulatory Surgical Center Survey Tool

Rule Chapter 59A-36, Assisted Living Facility

Rules 59A-36.019 and 59A-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:
Attend In-person: Agency for Health Care Administration, 2727 Mahan Drive, building #3, Conference Room A, Tallahassee, FL 32308 (visitors must first sign in at security desk in building #3).
Attend Via Teleconference: Dial 1(888)585-9008, and then enter the conference room number followed by the pound sign, 998-518-088#.
Workshop Notice
Agenda
59A-36.019 Draft Text
59A-36.025 Draft Text
Draft ALF CEMP Form

Rule 59A-36.015
Notices Published for This Rulemaking
The Agency proposes to amend Rule 59A-36.015 to update record keeping requirements and delete obsolete language.
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.
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 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-1.042, Neonatal Intensive Care Services
The Agency proposes to repeal Rule 59C-1.042 based on changes from HB 21 (2019-136, L.O.F.) which repealed provisions of Chapter 408 Part II relating to certificate of need for general hospitals.
Hearing Notice
Agenda
Repeal Text

Rule Chapter 59E-4, Hospital and Nursing Home Reporting Systems and Other Provisions Relating to Hospitals

59E-4.101, Definitions
59E-4.102, Florida Nursing Home Uniform Reporting System
59E-4.103, Prior Year Report Revisions, Ownership Change and Fiscal Year End (FYE) Change
Notices Published for This Rulemaking
At the direction of HB 539 (2022-49, L.O.F.) and SB 2518 (2021-041, L.O.F.) the Agency proposes to create three new rules within Chapter 59E-4 to establish a uniform system for financial reporting by nursing homes and nursing home’s home offices.
Workshop information:
Attend In-person: Agency for Health Care Administration, 2727 Mahan Drive, Building #3, Conference Room B, Tallahassee, FL 32308.
Attend Via Teleconference: Dial 1(888)585-9008, and then enter the conference room number followed by the pound sign, 998-518-088#.
Workshop Notice
Agenda
Draft Rule Text
Draft Materials

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 Notice
Agenda
Draft Text
Schema 59E-7

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