This Florida Senior Living Association's Administrative Rule Review reports on recently proposed regulatory changes affecting Florida’s ALFs as a service to FSLA members. You can find more information regarding AHCA's overall rulemaking efforts here.

EXECUTIVE SUMMARY: On Thursday, August 3, 2023, AHCA held a rule hearing for its Notice of Proposed Rule and updated forms for Rules 59A-36.019 and 59A-36.025, F.A.C., relating to emergency management for ALFs. For your convenience, FSLA has created a side-by-side document comparing the applicable statute, current rule, and proposed rule.

FSLA worked with a coalition of long-term care and emergency management stakeholders to provide AHCA with recommended changes to the proposed forms.

Additionally, FSLA provided verbal comments raising concerns over the lack of a SERC; properly aligning EECP submission timeframes; honoring the legislative intent of the term "significant modification;" potential mission creep fo the CEMP from an action plan to a hornbook; and the authority of AHCA to delegate to county emergency management the ability to require additional items in an ALF's CEMP.

AHCA is accepting written comments until 5:00 PM, Thursday August 10, 2023.

If your community has any comments, please e-mail [email protected] and please copy FSLA's Jason Hand as well. Note in the e-mail that the comments pertain to the proposed rules for 59A-36.019 and 59A-36.025, F.A.C. FSLA will be providing written comment summarizing the concerns it has previously raised.

Please contact Jason Hand, FSLA's Vice President of Public Policy & Legal Affairs, for more information!