59C-1.022. Health Care Facilities Fee Assessments and Fee Collection Procedures

(1) Health Care Facilities Subject to Assessment. In accordance with Section 408.033(2), F.S., the following health care facilities and health care service providers, licensed or certified by the Agency for Health Care Administration, shall be assessed an annual fee to be collected prospectively by the Agency within the time frames specified in subsection (4):

(a) Abortion clinics licensed under Chapter 390, F.S.

(b) Assisted living facilities licensed under Chapter 429, Part I, F.S.

(c) Ambulatory surgical centers licensed under Chapter 395, Part I, F.S.

(d) Birth centers licensed under Chapter 383, F.S.

(e) Health maintenance organizations certified under Chapter 641, Part I, F.S., and prepaid health clinics certified under Chapter 641, Part II, F.S.

(f) Home health agencies licensed under Chapter 400, Part III, F.S.

(g) Hospices licensed under Chapter 400, Part IV, F.S.

(h) Hospitals licensed under Chapter 395, Part I, F.S.

(i) Intermediate care facilities for developmentally disabled persons licensed under Chapter 400, Part VIII, F.S.

(j) Nursing homes licensed under Chapter 400, Part II, F.S.

(k) Health care clinics licensed under Chapter 400, Part X, F.S.

(2) Health Care Facilities Exempted from Fee Assessments. Facilities operated by the Department of Children and Families, the Department of Health or the Department of Corrections, and any hospital which meets the definition of a rural hospital pursuant to Section 395.602, F.S., are exempted from the health care facility assessment.

(3) Health Care Facility Assessments. The annual fee amount for each health care facility and health care service provider regulated under this rule is as follows:

(a) Hospitals, nursing homes, and assisted living facilities shall be assessed a fee according to the following per bed charges:

1. Hospitals shall be assessed an annual fee of $2 per bed not to exceed a total of $500 per facility.

2. Nursing homes shall be assessed an annual fee of $2 per bed not to exceed a total of $500 per facility.

3. Assisted living facilities shall be assessed an annual fee of $1 per bed not to exceed $150 per facility.

(b) Other health care facilities subject to a health care facility assessment, as specified in paragraphs (1)(a), (c), (d), (e), (f), (g), (h), (j), (l) and (m), shall be assessed an annual fee of $150.

(4) Prospective Collection and Biennial Billing Process. Beginning July 1, 2013, the assessment from all facilities listed in subsection (1) in accordance with the fee schedule specified in subsection (3) shall be collected prospectively for a two year (biennial) period. The biennial period equals two annual assessments (Minimum Annual Assessment x 2) calculated based on the annual fee schedule specified in subsection (3).

(a) For Initial and Change of Ownership applications, the biennial assessment shall be calculated at the time the license is issued. The assessment shall be due within 21 days of issuance of the license.

(b) For Renewal applications, the biennial assessment shall be calculated at the time of the licensure renewal and shall be due at the time of filing of the renewal application.

(c) Transition to biennial billing ‒ Facilities shall be billed a prorated assessment from July 1, 2013 through the license renewal date. The assessments billed under this subsection will be due September 1, 2013. All subsequent assessments shall be due at the time of renewal as described in paragraph (b).

(5) Delinquent Account. The health care facility assessment is considered delinquent when the assessment is not received by the Agency by the due dates specified in subsection (4).

(6) Penalties. In accordance with Section 408.033(2)(e), F.S., the Agency shall impose a fine of $100 per day, not to exceed the total annual amount of the assessment, after the assessment becomes delinquent as specified in subsection (5). Failure to pay the annual assessment or fine shall result in license revocation or denial.

(7) Dishonored Checks. The Agency shall assess a service charge for each returned check of five percent of the face value of the check or $15, whichever is greater.

(8) This rule is in effect for five years from its effective date.

Rulemaking Authority 408.033(2), 408.034(8), 408.15(8) FS. Law Implemented 408.033(2) FS. History–New 12-7-88, Amended 11-29-89, 12-5-90, 8-19-91, Formerly 10-5.022, Amended 6-16-05, 6-20-13, 8-8-21.