Subsequent to Florida Governor Rick Scott and the 2011 Florida Legislature calling for the repeal of many regulations that are construed to be "burdensome" or "costly" to business interests, the Florida Department of Elder Affairs will consider the repeal of the following regulations during September 2011:


(The rules included in this section are proposed rules. They have not been adopted in final format with the Bureau of Administrative Code.  For current adopted rules, please refer to the “By Rule Chapter Number" or "By Alphabetical Rule Chapter Title" links or sections on this page.)

Federal Aging Programs

Notice of Proposed Rulemaking, Rule Chapter 58A-1
Notice of Proposed Rulemaking, Rule Chapter 58A-6

Community Care for the Elderly

Notice of Proposed Rulemaking, Rule Chapter 58C-1

Alzheimer's Disease Initiative
Notice of Proposed Rulemaking, Rule Chapter 58D-1

Home Care for the Elderly

Notice of Proposed Rulemaking, Rule Chapter 58H-1

Long-Term Care Ombudsman Program


Notice of Proposed Rulemaking, Rule Chapter 58L-1

Statewide Public Guardianship Office

Notice of Proposed Rulemaking, Rule Chapter 58M-2

Training Requiring Provider and Curriculum Approvals  

Notice of Proposed Rulemaking, Rule Chapter 58T-1


BY RULE CHAPTER NUMBER

58A-1, ADMINISTRATION OF FEDERAL AGING PROGRAMS

DOEA Forms Incorporated by Reference in Rule 58A-1.010, Program Forms, F.A.C.:

DOEA Form 701A, Department of Elder Affairs Prioritization Assessment Form
DOEA Form 701B, Department of Elder Affairs Assessment Instrument
DOEA Form 701C, Department of Elder Affairs Congregate Meals Assessment
DOEA Form 701D, Department of Elder Affairs Assessment Instructions (701A, 701B, 701C)

These forms are also referenced in the following rule chapters: 58C-1, 58D-1, and 58H-1, F.A.C.

58A-2, HOSPICE, F.A.C.

DOEA Forms Incorporated by Reference:
Rule 58A-2.005, Administration of the Hospice, and 58A-2.012, Hospice Reporting Requirements, F.A.C.

DOEA FORM H-002, State of Florida Department of Elder Affairs Hospice Demographic and Outcome Measures Report

Rule 58A-2.0232, Advance Directives and Do Not Resuscitate Orders (DNRO), F.A.C.

Form SCHS-4-2006, Health Care Advance Directives—The Patient’s Right to Decide.

DH Form 1896, Florida No Not Resuscitate Order Form. Available from Rule 64E-2.031, F.A.C.

Rule 58A-2.026, Comprehensive Emergency Management Plan, F.A.C.

DOEA Form H-001, Comprehensive Emergency Management Plan (CEMP) Format for Hospices.

Rule 58A-2.028, Hospice Training Provider and Curriculum Approval, F.A.C.

DOEA Form Hospice/ADRD-001, Application for Alzheimer’s Disease or Related Disorders Training Provider Certification

DOEA Form Hospice/ADRD-002, Application for Alzheimer’s Disease or Related Disorders Three-Year Curriculum Certification

58A-4, NURSING HOME TRAINING, F.A.C. (Alzheimer’s Disease and Related Disorders)

DOEA Forms Incorporated by Reference in Rule 58A-4.002, Nursing Home Training Provider and Curriculum Approval, F.A.C.:

DOEA Form ADRD-001, Application for Alzheimer’s Disease or Related Disorders Training Provider Certification

DOEA Form ADRD-002, Application for Alzheimer’s Disease or Related Disorders Training Three-Year Curriculum Certification

58A-5, ASSISTED LIVING FACILITIES, F.A.C.

Form incorporated by reference in Rule 58A-5.0181, F.A.C., Admission Procedures, Appropriateness of Placement and Continued Residency Criteria.

AHCA Form 1823, Resident Health Assessment for Assisted Living Facilities.

DOEA Forms Incorporated by Reference in Rule 58A-5.0191(10), Staff Training Requirements and Competency Test, F.A.C.:

DOEA Form ALF/ADRD-001, Application for Alzheimer’s Disease and Related Disorders Training Provider Certification

DOEA Form ALF/ADRD-002, Application for Alzheimer’s Disease and Related Disorders Training Three-Year Curriculum Certification

58A-6, ADULT DAY CARE, F.A.C.

DOEA Forms Incorporated by Reference in Rule 58A-6.016, Adult Day Care Center Training Provider and Curriculum Approval, F.A.C.:

DOEA Form ADC/ADRD-001, Application for Alzheimer’s Disease or Related Disorders Training Provider Certification

DOEA Form ADC/ADRD-002, Application for Alzheimer’s Disease or Related Disorders Training Three-Year Curriculum Certification

58A-8, HOME HEALTH AGENCY ALZHEIMER’S DISEASE AND RELATED DISORDERS-TRAINING REQUIREMENTS, F.A.C.

DOEA Forms Incorporated by Reference in Rule 58A-8.002, ADRD Training Provider and Curriculum Approval, F.A.C.:

DOEA Form HH/ADRD-001, Application for Alzheimer’s Disease and Related Disorders Training Provider Certification

DOEA Form HH/ADRD-002, Application for Alzheimer’s Disease and Related Disorders Training Three-Year Curriculum Certification

58A-14, ADULT FAMILY-CARE HOMES, F.A.C.

58C-1, ADMINISTRATION OF THE COMMUNITY CARE FOR THE ELDERLY PROGRAM, F.A.C.

Form incorporated by reference in Rule 58C-1.0031, F.A.C., Lead Agency Dispute Resolution
DOEA Form CCE-001, May 2010

58D-1, ADMINISTRATION OF THE ALZHEIMER’S DISEASE INITIATIVE, F.A.C.

58H-1, ADMINISTRATION OF THE HOME CARE FOR THE ELDERLY PROGRAM, F.A.C.

DOEA Forms Incorporated by Reference in Rule 58H-1.003, Program Administration, F.A.C.:

DOEA Form HCE-001, Home Care for the Elderly Basic Subsidy Chart

58L-1, LONG-TERM CARE OMBUDSMAN, F.A.C.

Form Incorporated by reference in Rule 58L-1.007, F.A.C., Complaint Investigations.

DOEA Form LTCOP-001, Case Investigation-CONFIDENTIAL, March 2010

58M-2, GUARDIANSHIP, F.A.C.

DOEA Forms Incorporated by Reference in Rule 58M-2.001, Professional Guardian Registration, F.A.C.:

DOEA/SPGO Form 001, Statewide Public Guardianship Office Professional Guardian Registration Form

DOEA/SPGO Form 002, Statewide Public Guardianship Office Professional Guardian Employee Registration Form

58N-1, LONG-TERM CARE COMMUNITY DIVERSION PROJECTS, F.A.C.

58T-1, TRAINING REQUIRING PROVIDER AND CURRICULUM APPROVALS, F.A.C.

58T-1.201-1.211, Assisted Living Facility Core Training Provider and Curriculum Approvals, F.A.C.

DOEA Forms Incorporated by Reference in Rules 58T-1.205 and 58T-1.207, F.A.C.:

DOEA Form ALFCT-001, Assisted Living Facility Minimum Core Training Curriculum

DOEA Form ALFCT-002, Application for Assisted Living Facility (ALF) Core Training Provider Registration

BY ALPHABETICAL RULE CHAPTER TITLE

ADULT DAY CARE, 58A-6, F.A.C.

ADULT FAMILY-CARE HOMES, 58A-14, F.A.C.

ALZHEIMER’S DISEASE INITIATIVE, ADMINISTRATION OF, 58D-1, F.A.C.

ASSISTED LIVING FACILITIES, 58A-5, F.A.C.

COMMUNITY CARE FOR THE ELDERLY PROGRAM, ADMINISTRATION OF, 58C-1, F.A.C.

FEDERAL AGING PROGRAMS, ADMINISTRATION OF THE, 58A-1, F.A.C.

GUARDIANSHIP, 58M-2, F.A.C.

HOME CARE FOR THE ELDERLY PROGRAM, ADMINISTRATION OF, 58H-1,F.A.C.

HOME HEALTH AGENCY ALZHEIMER’S DISEASE AND RELATED DISORDERS-TRAINING REQUIREMENTS, 58A-8, F.A.C.

HOSPICE, 58A-2, F.A.C.

LONG-TERM CARE OMBUDSMAN, 58L-1, F.A.C.

LONG-TERM CARE COMMUNITY DIVERSION PROJECTS, 58N-1, F.A.C.

NURSING HOME TRAINING, 58A-4, F.A.C. (Alzheimer’s Disease and Related Disorders)

TRAINING REQUIRING PROVIDER AND CURRICULUM APPROVALS, 58T-1. F.A.C.







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The Florida Department of Elder Affairs, Division of Statewide Community Based Services has advised that applications are now available for Designation of a Home Health Agency as a Teaching Agency for Home and Community-Based Care.  To access the application, click on the hyperlink below:

• Application for Designation of a Home Health Agency as a Teaching Agency for Home and Community-Based Care

Chapter 2011-172, Laws of Florida, creating Section 430.81, F.S., provides that the Florida Department of Elder Affairs may designate a home health agency as a teaching agency for home and community-based care if the home health agency meets certain criteria for qualification.

Home health agencies licensed under Part III of Chapter 400, F.S. that have access to a resident population of sufficient size to support education, training, and research relating to geriatric care and which meet certain criteria for qualification are eligible to apply.

TO OBTAIN AN APPLICATION: Applications may be obtained from the Department’s website at: http://elderaffairs. state.fl.us/english/teaching_agency.php or you may contact: Jenny McNeely, Department of Elder Affairs, 4040 Esplanade Way, Suite 335, Tallahassee, FL 32399-7000, (850)414-2053, email: mcneelyj@elderaffairs.org.

CONTACT PERSON: Jenny McNeely at the contact information described above.

• Text of Committee Substitute for House Bill No. 843

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By BILL KACZOR
Associated Press
To view this AP article online at The Miami Herald:  http://www.miamiherald.com/2011/08/12/2356232/ousted-florida-nursing-home-ombudsman.html

TALLAHASSEE, Fla. -- Florida's ousted nursing home ombudsman alleges in a "whistleblower" lawsuit that he was forced to resign as retaliation for his advocacy on behalf of residents and his use of the new federal health care law to seek ownership and management information.

Brian Lee's suit was served Thursday on the Florida Department of Elder Affairs. It also names two industry organizations as defendants.

Lee is seeking damages of more than $15,000 rather than reinstatement. He contends he was told he'd be fired if he didn't resign after representatives of the Florida Health Care Association and Florida Assisted Living Association complained to the department about him and threatened to send letters to Gov. Rick Scott asking that he be replaced.

The Republican governor, a former hospital chain CEO, has been an outspoken opponent of the federal law, which the state is challenging in court.

Lee's troubles began after he sent letters to all 677 nursing homes in Florida in January asking for information about their owners and directors as authorized by the federal law to promote transparency and accountability within the industry.

Interim Elder Affairs Secretary Charles T. Corley, a Scott appointee who served briefly as Lee's boss, appointed Jim Crochet, who had been a lawyer for the department, after Lee resigned in February. Lee sued last week in state Circuit Court in Tallahassee.

Elder Affairs spokeswoman Ashley Marshall and Florida Health Care Association spokeswoman Kristen Knapp said they couldn't comment Friday because their attorneys were still reviewing the lawsuit.

Florida Assisted Living Association executive director Patricia Lange also said she couldn't comment because her organization has not yet received the lawsuit.

The suit contends Lee has "lost the capacity for the enjoyment of life" as a result of his ouster although he had "received stellar evaluations" and "developed a national reputation for having effectively advocated for residents of Florida's long-term care facilities and their families."

It also alleges he's been embarrassed and suffered harm to his reputation as well as emotional distress and mental pain while losing "opportunities, income, benefits and prestige."

Lee contends his firing violated a whistleblower law that protects public employees who take such actions as he did in reporting violations of rules and regulations and/or malfeasance, misfeasance and gross neglect to state and federal agencies that oversee nursing homes.

The long-term care ombudsman program, now headed by Crochet, costs about $3 million annually, with most of that coming from the federal government.

Most of its work is done by volunteers who investigate complaints from nursing home residents and advocate on their behalf. All states have such agencies, which are mandated by the Older Americans Act.

Lee's ouster drew complaints from volunteers. The federal Administration on Aging has launched an investigation.



Read more: http://www.miamiherald.com/2011/08/12/2356232/ousted-florida-nursing-home-ombudsman.html#ixzz1UwvuCjRl

Florida Governor Rick Scott's Commission on Review of Taxpayer Funded Hospital Districts will meet again on Tuesday, August 16, 2011.  The Commission was created by Governor’s Executive Order Number 11-63 to assess and make recommendations on the role of hospital districts, whether it is in the public’s best interest to have government entities operating hospitals and what is the most effective model for enhancing health-care access for the poor.

To access complete meeting materials, including audio files, go to:  http://ahca.myflorida.com/mchq/FCTFH/fctfh.shtml

The official meeting notice is reprinted below.


FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION

THIS NOTICE IS AN ADDENDUM TO SECTION VI OF THE FLORIDA ADMINISTRATIVE WEEKLY, VOLUME 37, NUMBER 32, AUGUST 12, 2011 AGENCY FOR HEALTH CARE ADMINISTRATION

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Faye B. Miller, Bureau of Health Facility Regulation, Florida Center, Faye.Miller@ahca.myflorida.com or (850)412-3735, on or after August 9, 2011.

If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice). The Agency for Health Care Administration announces a public meeting to which all persons are invited. DATE AND TIME: Tuesday, August 16, 2011, 10:00 a.m. – 4:00 p.m. PLACE: Conference Room A, Building “3”, Florida Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, FL 32308. Any person interested in participating by telephone may dial: 1(888)808-6959, Participant Code: 8509223803. If you have any difficulty accessing the teleconference, please call the Florida Center’s Main Number at (850)412-3730.

GENERAL SUBJECT MATTER TO BE CONSIDERED: This is a meeting of the Commission on Review of Taxpayer Funded Hospital Districts. The commission was created by Governor’s Executive Order Number 11-63, to assess and make recommendations on the role of hospital districts, whether it is in the public’s best interest to have government entities operating hospitals and what is the most effective model for enhancing health-care access for the poor.

A copy of the agenda may be obtained by contacting: Faye Miller, Agency for Health Care Administration, 2727 Mahan Drive, Bldg. 3, Mail Stop #16, Tallahassee, FL 32308-5407. The agenda will also be posted at the Agency website: http://ahca.myflorida.com/mchq/FCTFH/fctfh.shtml. For more information, you may contact: Faye Miller, Bureau of Health Facility Regulation, Florida Center at Faye.Miller@ahca.myflorida.com or (850)412-3735.


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City of Hollywood residents will have a chance to voice their opinions during the City Commission’s two budget hearings, which are scheduled for 5:30 p.m. Sept. 12 and 19 at City Hall, 2600 Hollywood Blvd.



Posted on Mon, Aug. 8, 2011 Hollywood set to eliminate social-service grants

BY CARLI TEPROFFThe Miami Herald

As nonprofit organizations grapple with state and federal funding cuts, the city of Hollywood is considering slashing the nearly $200,000 in grants it gives to local food banks, after-school programs and social agencies.

Some agencies say the hit will drastically affect services to those who need them most.

“We are just going to be able to provide as many services,” said Edith Lederberg, executive director of the Aging & Disability Resource Center of Broward County, which provides meals and programs for the elderly.

The proposed cuts — which amount to $191,000 distributed to 17 groups — come at a time when the city is struggling with a $38 million budget gap and has proposed to drastically slash employee benefits and increase taxes and fees by 11 percent.

According to city spokeswoman Raelin Storey, the city must cut all “extra” spending and focus on the essential services, including police and fire services.

“We are compassionate because we are in the same difficult financial position that many of these nonprofits are in,” she said. “But we don’t have a choice.”

Storey said cutting funds for social agencies is never an easy to decision, but with the city declaring financial urgency this year and slashing general employee salaries by 7.5 percent and police and fire employees by 12 percent, the city has exhausted all of its options.

“This is not something we take lightly,” she said.

City Commissioner Beam Furragreed, saying the fact that the city is even considering cutting the grants shows how desperate the financial situation has become.

He pointed at the city’s rising pension costs and the need for pension reform. “Pensions are swallowing up the city,” he said.

The city is negotiating pension benefits with the city’s three unions. If it cannot come up with agreements, the city will hold a voter referendum to reduce pension benefits and save the city $8.5 million. The city has until Aug. 12 to pay for the Sept. 13 vote without getting charged the full amount.

For at least a decade the city has delivered about $200,000 in grants each year. Storey said that at least since 2007 the selection was based on grant applications and committee recommendations. But in 2009, the City Commission discussed cutting the grants and then agreed they were something the city needed to find the money for.

Lederberg said her agency counts on Hollywood’s $62,000 grant to continue to run senior-citizens’ programs in the city. Her nonprofit organization receives funding from at least 23 other cities in Broward County in its “fair share effort,” so that all cities share in the cost of providing elderly programs throughout the county.

Lederberg said that last year more than 2,000 Hollywood seniors took advantage of the agency’s meal and activity programs.

“You can’t blame the residents if the city doesn’t pay the full amount,” she said. The resource center is one of several that have received grants for more than a decade. Since 1999, the aging and disability center has received about $800,000 from Hollywood.

For Women in Distress of Broward County, the loss of funding would be “very tough,” said its president, Mary Riedel.

“We are seeing more and more people in need of services,” she said. Last year, 587 Hollywood residents sought shelter through Women in Distress. The agency would lose $8,000, which in the past went toward its hotline and counselors.

Another program, which is based in Hollywood, the Gunzberger Washington Park Child Care Center, would take a hit of $5,000.

Seann Miko, its executive director, said he was grateful for all the help the city has given the organization over the years, and was sad that the city had gotten to the point where it could no longer afford it.

“Unfortunately, they have run out of easy places to cut,” said Miko.

Some resident are angry that the city would even consider cutting funding for social agencies.

“I think it’s terrible,” said longtime resident Helen Chervin. “They’re cutting from the poor.”

But residents like Charlotte Greenbarg say the city’s finances have gotten to a point where elected leaders no longer have a choice.

“They are so far in the hole that they need to get money from wherever they can,” Greenbarg said. “It’s really sad.”

Residents will have a chance to voice their opinions during the City Commission’s two budget hearings, which are scheduled for 5:30 p.m. Sept. 12 and 19 at City Hall, 2600 Hollywood Blvd.

© 2011 Miami Herald Media Company. All Rights Reserved.
http://www.miamiherald.com

Read more: http://www.miamiherald.com/2011/08/05/v-print/2350685/hollywood-set-to-eliminate-social.html#ixzz1UUp7hRit

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If the federal government puts the brakes on the $1 billion Low Income Pool program federally qualified health centers and other providers who receive LIP dollars to treat uninsured and poor residents might find themselves losing money.



HCA warns investors about the cost of Medicaid cuts

By Travis Pillow | 8.6.11

www.FloridaIndependent.com

Hospital corporation HCA warned investors in a Friday filing that reductions in Florida’s Medicaid program could cost the company $50 million over the next year. #

The company’s latest financial report filed with the Securities and Exchange Commission, first reported by the News Service of Florida’s health care blog, also notes that Florida and Texas account for nearly two thirds of its uninsured patients. #

The disclosure offers an indication of the effects budget cuts to safety net programs can have on health care providers, and comes on the heels of a decision by the Florida Medical Association, which represents the state’s doctors, to oppose a plan to shift the state’s Medicaid program to a managed care system, which HCA notes could also be costly to hospitals. #

The full filing can be found here. Here’s a relevant excerpt (line breaks added): #

Since most states must operate with balanced budgets and since the Medicaid program is often a state’s largest program, some states can be expected to enact or consider enacting legislation designed to reduce their Medicaid expenditures. The current economic environment has increased the budgetary pressures on many states, and these budgetary pressures have resulted, and likely will continue to result, in decreased spending, or decreased spending growth, for Medicaid programs and the Children’s Health Insurance Program in many states. #

For example, in May 2011, the Florida legislature passed a budget agreement for the fiscal year beginning July 1, 2011 that would reduce Medicaid reimbursements to hospitals. As a result, we estimate that Florida Medicaid payments to our hospitals may be reduced by approximately $25 million in the second half of calendar year 2011 and by another approximately $25 million in the first half of calendar year 2012. #

The Health Reform Law provides for material reductions to Medicaid DSH funding. Further, many states have also adopted, or are considering, legislation designed to reduce coverage, enroll Medicaid recipients in managed care programs and/or impose additional taxes on hospitals to help finance or expand the states’ Medicaid systems. Effective March 23, 2010, the Health Reform Law requires states to at least maintain Medicaid eligibility standards established prior to the enactment of the law for adults until January 1, 2014 and for children until October 1, 2019. However, states with budget deficits may seek a waiver from this requirement to address eligibility standards that apply to adults making more than 133% of the federal poverty level. #

The Health Reform Law also provides for significant expansions to the Medicaid program, but these changes are not required until 2014. In addition, the Health Reform Law will result in increased state legislative and regulatory changes in order for states to comply with new federal mandates, such as the requirement to establish Exchanges, and to participate in grants and other incentive opportunities. #



For more information about a Miami-Dade, Broward and Palm Beach County home health care agency for seniors and other family members, contact Brian Gauthier at A Family Member HomeCare (954) 986-5090 or www.afamilymemberhomecare.com. Serving Coconut Creek Cooper City Coral Springs Dania Beach Davie Deerfield Beach Fort Lauderdale Hallandale Beach, Hillsboro Beach Hollywood Lauderdale Lakes Lauderdale-by-the-Sea Lauderhill Lazy Lake Lighthouse Point Margate Miramar North Lauderdale Oakland Park Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Southwest Ranches Sunrise Tamarac Weston Wilton Manors Aventura Sunny Isles Beach Hialeah Miami Lakes Boca Raton Delray Beach.