The Agency is proposing to adopt a new rule, 59A-8.005, Florida Administrative Code to implement the provisions of Chapter 2018-24, Laws of Florida passed during the 2018 Legislative Session relating to exemptions from licensure as a home health ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-8.005Certificates of Exemption and Exempt Status

PURPOSE AND EFFECT: The Agency is proposing to adopt a new rule, 59A-8.005, Florida Administrative Code to implement the provisions of Chapter 2018-24, Laws of Florida passed during the 2018 Legislative Session relating to exemptions from licensure as a home health agency. Section 400.464(6), Florida Statutes was created to allow any person, entity or organization that meets an exemption under section 400.464(5), F.S. to voluntarily apply for a certificate of exemption from licensure under its exempt status. Rule 59A-8.005, F.A.C. will provide minimum standards relating to the application, issuance, and renewal of certificates of exemption from licensure as a home health agency.

SUMMARY: The proposed rule, 59A-8.005, Florida Administrative Code, provides for the administration and regulation of persons, entities and organizations applying for and issued a certificate of exemption from home health agency licensure. The rule establishes the process for applying for a certificate of exemption and prescribes the application form. The rule implements timeframes for application processing including the review, approval, denial or withdrawal of an application for certificate of exemption. The rule also establishes procedures for renewal of certificates of exemption and maintenance of exempt status.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: A SERC has not been prepared by the agency. For rules listed where no SERC was prepared, the Agency prepared a checklist for each rule to determine the necessity for a SERC. Based on this information at the time of the analysis and pursuant to section 120.541, Florida Statutes, the rule will not require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 400.497, FS.

LAW IMPLEMENTED: 400.462, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Thursday, February 14, 2019, 9:30 a.m. to 10:30 a.m.

PLACE: Agency for Health Care Administration Ft. Knox Bldg. 3, Conference Room D, 2727 Mahan Drive, Tallahassee, FL 32308.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: Josei Ponce, Bureau of Health Facility Regulation, 2727 Mahan Drive, Tallahassee, Florida, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Josei Ponce, Laboratory and In-Home Services Unit, Bureau of Health Facility Regulation, [e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-8.005 Certificates of Exemption and Exempt Status.

(1) Persons, organizations, and entities, hereafter referred to as entities, exempt from home health agency license requirements are set forth in Section 400.464(5), F.S. An entity is not required to have, but may voluntarily apply for a certificate of exemption.

(2) Entities that claim an exemption, either by filing an application for a certificate of exemption with the AHCA and receiving a certificate of exemption, or self-determining, must maintain an exempt status at all times of operation.

(3) An applicant for a certificate of exemption from the home health agency licensure requirements shall submit to AHCA the Application for Exemption from Licensure as a Home Health Agency, AHCA Form 3110-1009, July 2018, which is incorporated by reference and may be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and available from the AHCA web address at: http://ahca.myflorida.com/HQAlicensureforms with the AHCA.

(4) The applicant for a certificate of exemption must affirm:

(a) The specific exemption sought pursuant to Section 400.464(5), F.S.;

(b) The qualifying requirements for obtaining and maintaining an exempt status;

(c) The current existence of applicable exemption-qualifying health care practitioner licenses, qualified ownership, qualified certifications or registration of the entity;

(d) The federal employer identification number;

(e) Proof of legal existence and fictitious name, when the entity and name are required to be filed with the Division of Corporations, Department of State; and

(f) Other satisfactory proof required by form adopted by this rule.

(5) The fee for issuance of a certificate of exemption is required to be submitted to AHCA with the application. 

(a) Applications received without the requisite fee shall be returned to the applicant unprocessed.

(b) When the payment of a certificate fee has been dishonored, the applicant has 10 days from the date of notification to remit to AHCA the certificate fee plus any applicable fees as provided by law in the form of a money order or cashier’s check. In the event that the certificate fee is not paid, the application may be subject to withdrawal or the certificate may be subject to revocation.

(6) Upon receipt of an application for a certificate of exemption, AHCA shall examine the application and, within 30 days after receipt, notify the applicant in writing of any apparent errors or omissions and request any additional information required.

(7) Requested information omitted from an application for a certificate of exemption must be filed with AHCA within 21 days after AHCA’s request for omitted information or the application shall be deemed incomplete and shall be withdrawn from further consideration and the fees shall be forfeited.

(8) An application for a certificate of exemption from home health agency licensure shall be approved or denied by AHCA within 60 days of receipt of a completed application.

(9) A certificate of exemption, unless sooner surrendered or revoked, shall automatically expire two years from the date of issuance, and shall be renewable biennially, provided that the person, organization or entity continues to meet the requirements established under Chapter 400, Part III, F.S. and Rule 59A-8.005, F.A.C.

(10) An application for renewal of the certificate of exemption should be submitted to AHCA 60 to 120 days prior to the date of expiration of the certificate of exemption.

(11) An application to change the name or address of the certificate of exemption should be submitted to AHCA 21 to 120 days in advance of the requested effective date.

(12) Whenever an entity discontinues operation, the entity shall notify AHCA in writing, prior to the discontinuance of operation, by submitting a letter to the AHCA Laboratory and In-Home Services Unit, 2727 Mahan Drive, Mail Stop #32, Tallahassee, Florida 32308 or via email at [e-mail], including the effective date of closure.  The entity shall remain responsible for retaining and appropriately distributing all medical records.

(13) If the applicant is required to register or file with the Florida Secretary of State, Division of Corporations, the principal, fictitious name and mailing addresses submitted on the application for the applicant must be the same as the information registered with the Division of Corporations.

(14) An entity becomes a “home health agency” as defined in Section 400.462(12), F.S., when the provision of home health services and staffing services no longer meet any of the qualifications for an exemption under Section 400.464(5), F.S. An entity’s exempt status expires when a change occurs that negates an entity’s qualification for exemption. In such a case, the home health agency must file a license application with AHCA as required in Sections 400.471 and 408.806, F.S., and shall be subject to all provisions applicable to an unlicensed home health agency. Failure to timely file an application for licensure may render the home health agency unlicensed and subject the entity to sanctions under Sections 400.484 and 408.812, F.S.

(15) AHCA may deny or revoke a certificate of exemption for the following actions by the applicant or owner:

(a) False representation of a material fact in the application or omission of any material fact from the application.

(b) A violation of Section 400.464(5), F.S. or this rule.

(16) Certificates of exemption are not transferable, directly or indirectly. They are valid only for the person, organization, or entity, licenses, registrations, certifications and services provided under specific statutory exemptions and are valid only to the specific exemption claimed and granted. In order for a certificate of exemption to be valid the entity must apply for and receive an amended certificate of exemption for changes of name or location.

Rulemaking Authority 400.497 FS. Law Implemented 400.464(5) FS. History–New _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Josei Ponce

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Justin Senior, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 03, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 14, 2018