The Agency for Health Care Administration (AHCA) is initiating changes to its licensure regulations, mandating specific long-term care providers to submit health care workforce data to the state. This initiative aligns with state lawmakers gearing up for substantial policy discussions on health care workforce issues in the 2024 Florida Legislative Session, commencing on January 9, 2024.

In accordance with legislation passed by the Florida Legislature in 2020, the proposed amendment is outlined in a notice published in the Florida Administrative Register on November 20, 2023. AHCA aims to transfer all licensure application forms into Chapter 59A-35 of the Florida Administrative Code while revising licensure application attestation pages. Additionally, application forms for skilled nursing facilities, assisted living facilities, home health agencies, and homemaker/companion service providers are being modified to include a direct care workforce survey in line with 408.822 of the Florida Statutes. Impacted providers will be required to submit data on pay, benefits, turnover, and vacancy rates for registered nurses and direct care workers, including certified nursing assistants (CNAs), home health aides, and personal care assistants. Providers are also required to report the contributing factors behind staff turnover.

The survey, initiated on January 1, 2021, mandates providers to submit data during licensure renewal. Failure to comply jeopardizes the license renewal process. AHCA must review and analyze the data received at least monthly and publish the results of the analysis on its website. AHCA communicated this new survey requirement to impacted providers through an advisory sent on June 27, 2023.

For additional details on this rulemaking, including a draft of the licensure application, visit the AHCA rulemaking webpage. For more information, contact Jeremy Roberts, Bureau of Health Facility Regulation, at (850) 412-4432 or Jeremy.Roberts@ahca.myflorida.com.

Background

The reporting requirement, part of HB 607 passed in 2020, aimed to gain insights into the health care workforce in long-term care settings. According to the legislature's analysis of HB 607, a 34% increase in demand for CNAs and home health aides is anticipated by 2025. The analysis also identified factors contributing to high turnover, including compensation, lack of full employment, low job satisfaction, and substantial family caregiving obligations for direct care workers.

Public Hearing

AHCA will host a public hearing on the proposed amendment on December 19, 2023, at 10:00 AM ET, at AHCA headquarters (2727 Mahan Drive, Tallahassee, FL, 32308, Building 3, Conference Room A). Interested parties may also participate via the Open Voice conference line at (888) 585-9008, conference room number 998-518-088#.

AHCA is accepting public comments on the amendment until December 11, 2023; comments can be submitted online here.

HCAF staff will partake in the hearing and subsequently provide a summary of the proceedings.

• Related: State Proposes New Health Care Workforce Reporting Data (Florida Politics, 11/20/23)