Current Rulemaking Activities - Assisted Living 

Updated Through March 18, 2021

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Agency for Healthcare Administration (AHCA)

• 59A-36.007 – ALF, Resident Care Standards
• 59A-36.008 – ALF, Medication Practices
• 59A-36.028 – ALF, Core Training Curriculum

Issue: These rules are being updated and revised in response to HB 767 that passed in the 2020 Legislative Session. The topics being revised include physical restraints, assistive devices, and the opt out provision for medication label being read out loud.

Status: A rule workshop was held on December 17, 2020.

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• 59A-36.002 – ALF, Definitions
• 59A-36.006 – ALF, Admission Procedures
• 59A-36.021 – ALF, Extended Congregate Care Services
• 59A-36.022 – ALF, Limited Nursing Services

Issue: These rules are being updated and revised in response to HB 767 that passed in the 2020 Legislative Session. The topics being revised include receipt of hospice services prior to admission and receipt of nursing services from facility staff nurses.

Status: The rules were noticed for development on March 2, 2021 with a workshop scheduled for March 23, 2021.

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• 59G-4.193 – SMMC LTC Waiver Program Prioritization and Enrollment
  

Issue: The purpose is to revise the prioritization process for the Statewide Medicaid Managed Care Long-term Care Waiver Program. The amendment will address the screening tool and the scoring methodology for inclusion and prioritization on the wait list.

Status: A rule hearing on the proposed rule is scheduled for March 25, 2021.

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• 59A-35.110 – Adverse Incident Reporting

Issue: Clarify the meaning of “business” day, align filing of the full 15-day report with the 2020 legislative change, and add a specific fine for late filing of $50 per day late not to exceed $500.

Status: Rulemaking complete, rule effective date: February 2, 2021.

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Florida Department of Health (DOH)

• 64E-12 – Community Based Residential Facilities

Issue: This rule chapter governs “group care facilities” which includes a diverse group of facilities such as ALFs, adult day care facilities, crisis stabilization units, hospice, and schools. The proposed draft rules incorporate changes to water quality standards; new time and temperature safety measures for food service; revisions to physical plant issues such as sanitation, pest control, and laundry facilities; and, new requirements for pool safety measures.

Status: Rule development began in December 2019 and stalled in 2020. The Department of Health will need to re-notice rulemaking.

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