The agency intends to repeal each rule. The purpose is to eliminate those rules that are redundant, superfluous or superseded by statute or comparable agency rule. The effect will not have a substantial impact on current forms, agency license ...

AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing

RULE NO.: RULE TITLE:
59A-33.003: Initial License Applications Applicability
59A-33.004: Renewal License Applications
59A-33.005: Change of Ownership License Applications
59A-33.010: Cessation of Business, Billing and Medical Records Retention, Suspended and Revoked Licenses
59A-33.011: Magnetic Resonance Imaging Exemption for Chief Financial Officer
PURPOSE AND EFFECT: The agency intends to repeal each rule. The purpose is to eliminate those rules that are redundant, superfluous or superseded by statute or comparable agency rule. The effect will not have a substantial impact on current forms, agency license processes or forms.
SUMMARY: Rules 59A-33.003; 59A-33.004 and 59A-33.005, F.A.C., involve the licensing process for initial, renewal and change of ownership licenses and have been superseded and substantially replaced by statute, Part II, Ch. 408 FS, the Health Care Licensing Procedures Act and rules, Chapter 59A-35, F.A.C., created under that act. Rule 59A-33.010, F.A.C., provides regulation over the cessation of business and the return of licenses that have been suspended or revoked. The Health Care Licensing Procedures Act and rules supersede and substantially replace the need for this rule. Rule 59A-33.011, F.A.C., provides an exemption process by which a chief financial officer may review billings in licensed clinics as required by Section 400.9935(1)(g), F.S. The statute in (1)(g) follows the statutory exemption that is sufficiently specific without rule implementation. Moreover, the Agency knows of no licensed clinic that currently utilizes the rule exemption. The exemption will still exist by following the requirements of the statute.
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 analyzed the proposed rules and has determined that the proposed rules’s repeal is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly required upon and described herein: Review and analysis of statutory sections cited for this rule determined that the repeal of Rules 59A-33.003; 59A-33.004; 59A-33.005, and 59A-33.010, F.A.C., is to eliminate rules that have been superseded or replaced by the passage of Chapter 408, Part II, Florida Statutes and Chapter 59A-35, Florida Administrative Code, which makes the current rules redundant, in conflict or superfluous. There should be no regulatory cost to the public or change in regulation due to legislative and administrative rule changes since these rules were originally promulgated in 2006. Rule 59A-33.011, F.A.C., relates to an exemption for magnetic Resonance Imaging clinics that use a chief financial officer to review billings under Section 400.9935(1)(g), F.S., in lieu of having a medical or clinic director assume those duties. The statute adequately explains the exemption and currently the Agency knows of no licensed facilities that use this exemption. The exemption is created by statute and the rule is either redundant or superfluous. The exemption will still exist in statute after this rule is repealed.
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: Based on that analysis, the Agency has determined that no legislative ratification pursuant to subsection 120.541(3), F.S. is required.
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: 400.9925 FS.
LAW IMPLEMENTED: 400.991, 400.992, 400.9935(9), 400.991(4), (8), (9), 400.991(1), 400.9935(5), (11)(a), 400.995(1), (5), 400.991(7)(d), 400.992(4)-(5), 400.9925(1)-(5), 400.993(2), 400.995(1), (6), (7), 400.991, 400.993, 400.994, 400.995, 400.9905(3), 400.9935(11)(a), (g) 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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: February 24, 2012, 10:30 a.m. EST
PLACE: The Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room D, 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 5 days before the workshop/meeting by contacting: Dennis LaRosa, OMC Manager, Health Care Clinic Unit, Health Quality Assurance, [e-mail]; [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: Dennis LaRosa, OMC Manager, Health Care Clinic Unit, Health Quality Assurance, [e-mail], [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-33.003 Initial License Applications Applicability.

Rulemaking Specific Authority 400.9925 FS. Law Implemented 400.991, 400.992, 400.9935(9) FS. History–New 8-28-06, Repealed________.

 

59A-33.004 Renewal License Applications.

Rulemaking Specific Authority 400.9925 FS. Law Implemented 400.991(4), (8), (9), 400.991(1) 400.9935(5), (11)(a), 400.995(1), (5) FS. History–New 8-28-06, Repealed________.

 

59A-33.005 Change of Ownership License Applications.

Rulemaking Specific Authority 400.9925 FS. Law Implemented 400.991(7)(d), 400.992(4)-(5), 400.9925(1)-(5), 400.993(2), 400.995(1), (6), (7) FS. History–New 8-28-06, Repealed________.

 

59A-33.010 Cessation of Business, Billing and Medical Records Retention, Suspended and Revoked Licenses.

Rulemaking Specific Authority 400.9925 FS. Law Implemented 400.991, 400.993, 400.994, 400.995 FS. History–New 8-28-06, Repealed________.

 

59A-33.011 Magnetic Resonance Imaging Exemption for Chief Financial Officer.

Rulemaking Specific Authority 400.9925 FS. Law Implemented 400.9905(3), 400.9935(11)(a), (g) FS. History–New 8-28-06, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeff Gregg
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 12, 2012