Members and Friends,
On August 17, the Department of Elder Affairs filed a Notice of Withdrawal of its proposed rule changes to rule chapter 58A-5. We believe this is a result of the strength of the legal deficits we identified in our rule challenge. The rule withdrawal notice may be viewed here.
Since the proposed rule was withdrawn in its entirety, the rulemaking process must begin anew. Florida Argentum will be collaborating closely with DOEA to reach resolution on our concerns. We will be advocating for a quick process in hopes that we may have a final rule in effect before the end of the year.
Florida Argentum filed a petition for rule challenge on August 3 after noticing many
unnecessary provisions in the rule that would:
- Prevent seniors from staying in their homes and aging in place if certain medical conditions present themselves;
- Inappropriately apply Medicaid requirements to all operators, regardless of whether their residents are enrolled in Medicaid; and
- Place unreasonable expectations of liability on operators for third parties’ services and work product.
The proposed rule would also create a contract for a plan of care between the resident
and the assisted living facility that both parties would be required to sign and agree
upon regarding services to be provided. However, DOEA has no authority to
create a mandatory contract; this proposed contract would completely disregard the
rights of private parties to enter into or forego a contract.
We are extremely proud of this development, which demonstrates Florida Argentum’s credibility and integrity as well as our ability to cooperate and collaborate in an effective manner with state agencies.
Florida Argentum would like to thank DOEA for withdrawing the rule and understanding our concerns. We are confident we can work with the agency to develop rules that are in the best interest of all assisted living providers and staff to ensure the highest quality care, services and safety for the residents they serve.