Current through Reg. 50, No. 187; September 24, 2024
The agency, in consultation with the department, may waive
rules promulgated pursuant to part I, chapter 429, F.S., if the waiver request
meets the conditions set forth in section
429.41(4),
F.S., and demonstrates and evaluates innovative or cost-effective congregate
care alternatives which will enable individuals to age in place.
(1) Application Process.
(a) Licensed assisted living facilities
proposing a waiver under this statute must submit the request in writing. All
requests must include the facility name and address, license number,
administrator's name and contact information for the requestor, or its
attorney. Petitions for waiver of rules other than for the objectives detailed
in section 429.41(4),
F.S., including emergency waivers, will not be considered under this section
but should follow the petition for waiver provisions of section
120.542, F.S., and rule chapter
28-104, Variance or Waiver, F.A.C.
(b) The written request must address the
elements required in section
429.41(4), F.S.
In addition, the following information must be included in order to demonstrate
how a waiver of the stated rule will permit development of a concept that will
achieve the purpose of the underlying statute:
1. The rule or rules for which the waiver is
requested.
2. The licensee's
anticipated date or dates for implementation of the concept.
3. If applying based on cost-effectiveness or
cost-savings, a cost-benefit analysis of the proposed alternative to both
residents or potential residents as well as facility operations.
4. An analysis of the impact the alternative
will have on the relevant local community, including any barriers such as
zoning or use issues, which may need resolution prior to
implementation.
5. Specific
performance measures with an annual projection of objectives and goals to be
achieved broken into quarterly increments or an annual projection of outcome
measures, if the concept will be implemented in less than 90 days.
6. If applying based on cost-effectiveness or
cost-savings, an annual budget projection for the proposed alternative broken
into quarterly increments.
(c) A waiver can be requested at the time of
the initial license application, relicensure, or any time during the licensure
period.
(d) Waiver requests must be
submitted to the Agency for Health Care Administration, Assisted Living Unit,
2727 Mahan Drive, Mail Stop 30, Tallahassee, Florida
32308-5403.
(2) In
accordance with section
120.542(6),
F.S., the agency shall post notice of the request within fifteen (15) days of
receipt of the request. The agency shall make any requests for additional
information within 30 days of receipt of the request. If additional information
is provided, the agency may request clarification of only that information no
later than 30 days following receipt of the information. The agency shall
process the waiver request pursuant to the time frame referenced in section
120.542(8),
F.S.
(3) The agency, in
consultation with the department, will evaluate all requests in light of the
likelihood the concept, as described in detail, will achieve the underlying
statutory objectives of innovative or cost effective congregate care
alternatives to enable individuals to age in place, as provided in section
429.41(4), F.S.
Waivers may be granted only so long as there is reasonable assurance that the
health, safety or welfare of residents will not be endangered by the
waiver.
(4) The agency shall grant
or deny the request for waiver and enter an order summarizing the facts it
relied on and reasons supporting its decision. The agency must provide notice
of its order as described in section
120.542(8),
F.S. The requestor shall be advised that a denial of the request may be
reviewed as provided in subsection (5) of this rule.
(5) Report of Findings. A facility that has
been granted a waiver must submit an annual report within 12 months of the
order granting the waiver as specified in section
429.41(4), F.S.
If the report is not submitted as required, the agency may revoke the waiver.
(a) The agency will review the report of
findings to determine whether the waiver shall be renewed or revoked. The
agency shall make the determination based on whether the facility has met the
requirements outlined in subparagraph (1)(b) of this rule. The agency shall
enter an order providing the general basis for making its decision and notify
the licensee of its opportunity to seek review of a revocation in accordance
with sections 120.569 and
120.57, F.S. and rule
28-106.111, F.A.C.
(b) The agency may also consider other
material which is available relative to this review.
(c) A waiver is effective unless revoked by
the agency or superseded by statutory or regulatory change.
(d) In reviewing the report of findings, the
agency, in consultation with the department, shall assess whether statutory or
regulatory changes should be pursued to enable other facilities to adopt the
same practices.
Rulemaking Authority 429.41 FS. Law Implemented 120.542,
429.41 FS.
New 9-30-92, Formerly 10A-5.035, Amended 10-30-95, 7-1-08,
4-17-14, Formerly 58A-5.035,
7-1-19.
