The Agency is proposing to amend rules within Chapter 59E-5, F.A.C., to update and clarify requirements related to the Florida Hospital Uniform Reporting System and other hospital related reporting requirements.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Hospital and Nursing Home Reporting Systems and Other Provisions Relating to Hospitals

RULE NOS.:RULE TITLES:

59E-5.101Definitions

59E-5.102Florida Hospital Uniform Reporting System

59E-5.201Prior Year Report Requirements

59E-5.202Ownership Change and Fiscal Year End (FYE) Change

59E-5.205Notice of Violation or Deemed Not Filed and Response

PURPOSE AND EFFECT: The Agency is proposing to amend rules within Chapter 59E-5, F.A.C., to update and clarify requirements related to the Florida Hospital Uniform Reporting System and other hospital related reporting requirements.

SUMMARY: Amending rules within Chapter 59E-5, F.A.C., will streamline the process for the Florida Hospital Uniform Reporting System.

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: 408.061, 408.15, FS.

LAW IMPLEMENTED: 408.032, 408.061, 408.062, 408.07, 408.072, 408.08, 408.15, 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 22, 2018, 10:00 a.m. – 11:00 a.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building #3, Conference Room C, 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: Robert Smith, [phone], email: [e-mail]. 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: Robert Smith, [phone], email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59E-5.101 Definitions.

The definitions set forth in Section 408.032, F.S., and the following definitions shall apply to this chapter, and to the Florida Hospital Uniform Reporting System (FHURS) Manual, unless otherwise specified:

(1) through (2) No change.

(3) “Audited actual experience”, “audited actual data”, or “audited financial statements” means data contained within financial statements examined by an independent, Florida-licensed, certified public accountant in accordance with generally accepted auditing standards and including an opinion on the audited financial statements.  Certified public accountants that hold a temporary Florida License or are exempt from being required to hold a temporary Florida license under Rule 61H1-29.002, F.A.C, shall be considered Florida-Licensed for the purposes of this section.

(4) through (8) No change.

(9) “FHURS Manual” means the State of Florida Hospital Uniform Reporting System Manual as adopted by the Agency and incorporated by reference in Rule 59E-5.102, F.A.C.

(10) through (25) No change.

(26) “Prior year report” means, collectively, the actual report and the corresponding financial statements with an audit report of an independent Florida-licensed certified public accountant or a certified public accountant that meets the requirements of 61H1-29.002, F.A.C. for the same reporting period and including an opinion on the audited financial statements.

(27) through (31) No change.

Rulemaking Authority 408.15(8) FS. Law Implemented 395.701(1), (2), 408.032, 408.061(2), (3), (4)(a), (7), 408.07 FS. History–New 6-11-92, Formerly 10N-5.101, Amended 3-16-03, __________.

 

59E-5.102 Florida Hospital Uniform Reporting System.

(1) The Agency for Health Care Administration (Agency) hereby adopts and establishes a uniform system for electronic filing of hospital prior year actual reports reporting by adopting the State of Florida Hospital Uniform Reporting System (FHURS) Manual, Version 2017-1, June 2017, which is are incorporated herein by reference and available at the Agency’s website at http://ahca.myflorida.com/MCHQ/Central_Services/Financial_Ana_Unit/fa_data/index.shtml http://ahca.myflorida.com/MCHQ/CON_FA/fa_data/index.shtml. A copy of the manual can also be found at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. These manuals, which include reporting forms, have the force and effect of Agency rules. A copy of the FHURS Manual may also be obtained, upon payment of the cost of reproduction, by writing to: The Agency for Health Care Administration, Supervisor of Financial Analysis, Bureau of Health Facility Regulation, 2727 Mahan Drive, MS #28, Tallahassee, Florida 32308-5403.

(2) All hospital prior year actual reports and required attachments including audited financial statements shall be filed using the FHURS Online system as described in the FHURS Online AHCA Portal Registration Guide, FHURS Online User Manual, and FHURS Manual. The FHURS Online AHCA Portal Registration Guide and FHURS Online User Manual are available at http://ahca.myflorida.com/MCHQ/Central_Services/Financial_Ana_Unit/fa_data/index.shtml All hospitals reporting fiscal year reporting periods that end on or before December 31, 2009 shall use FHURS Manual Version 2005-1, July 2005; all hospitals reporting fiscal year reporting periods that end after December 31, 2009 shall use FHURS Manual Version 2010-1 January 2010.

Rulemaking Authority 408.061(2), 408.15(8) FS. Law Implemented 408.061(2), 408.07(18), (19), 408.15(8) FS. History–New 6-11-92, Formerly 10N-5.102, Amended 2-24-94, 3-16-03, 6-8-03, 9-12-05, 3-28-10,__________.

 

59E-5.201 Prior Year Report Requirements.

(1) No change.

(2) Separate reports are required for each licensed hospital, regardless of ownership or operation.  Hospitals that have multiple premises on a single license may file a single report for all premises on that license.

(3)(2) The prior year report shall consist of the following:

(a) FHURS Online report For hospital financial accounting periods ending on or after April 30, 2005 and with corresponding due dates beginning on or after August 29, 2005, the prior year actual report shall be submitted to the Agency using the computer software known as COMPASS web-based application known as FHURS Online. FHURS Online COMPASS has been developed by the Agency for the purpose of electronically filing the prior year actual report. FHURS Online is a web-based application COMPASS is a modified Microsoft Excel workbook that reproduces the FHURS worksheets pursuant to Rules 59E-5.102 and 59E-5.103, F.A.C., of this chapter. COMPASS also exports the worksheet data into a specifically defined comma separated text file for transmission to the Agency. Hospitals shall use COMPASS to keypunch the required data into the FHURS worksheet formats in accordance with Rule 59E-5.206, F.A.C. COMPASS will be provided to hospitals prior to the due date of the 2005 report in a timely manner free of charge. Hospitals shall not use an alternative version of COMPASS until such software is approved for use by the Agency. Hospitals shall not request approval for use of alternative software within 120 days prior to the report being due. The COMPASS comma separated text file shall be returned to the Agency by electronic mail (E-mail) using normal electronic protocols for E-mail services. The COMPASS comma separated text file shall be attached to the E-mail message.

(b) The FHURS report E-mail message shall be sent to the Agency on or before the due date of the report in accordance with the FHURS Online AHCA Portal Registration Guide and the FHURS Online User Manual and shall contain the following information:

1. “Hospital FHURS Report”.

2. Hospital Name.

3. Hospital Number (8 digit format).

4. Reporting period.

5. “Submission Number” which is the COMPASS generated submission number listed on each worksheet at the time the report is exported.

6. Name of contact person including area code and telephone number.

1. (c) FHURS “Worksheet A” that contains the appropriate signatures by the Chief Executive Officer and Chief Financial Officer of the hospital;

2. (d) A signed copy of the audited financial statements.

(3) through (4) renumbered (4) through (5) No change.

(6) The hospital can request and shall be granted a one time 30 day extension of time for compliance with the filing requirements found in Chapter 59E-5, F.A.C. if:

a. The extension request is made in writing no later than 30 calendar days prior to the due date and is received at the following location:

Financial Analysis Unit

Agency for Health Care Administration

2727 Mahan Drive Mail Stop# 60

Tallahassee, Florida 32308-5403

b. The request for an extension includes the following information:

(i) The hospital name.

(ii) The Hospital File Number – for example, 10-0000 or 2396-0000.

(iii) A description, including the fiscal period, of the report or document for which an extension of time is requested for compliance with the filing requirements in Section 408.072, F.S. or Chapter 59E-5, F.A.C. – for example, “prior year report for the period 1/1/2015 to 12/31/2015.”

(iv) Authorization of the designated representative of the hospital.

Authority 408.061(2), 408.15(8) FS. Law Implemented 408.061, 408.08 FS. History–New 6-11-92, Formerly 10N-5.201, Amended 3-28-99, 9-12-05, 3-28-10,__________.

 

59E-5.202 Prior Year Report Revisions, Ownership Change and Fiscal Year End (FYE) Change.

(1) A hospital may file revisions, amendments, restatements, corrections or other changes (hereinafter “revisions”) to a prior year report. Revisions to financial data must be supported by audited financial statements. Revisions to data not included in audited financial statements must be accompanied by documentation to support the accuracy of the revised data. Revised data must be submitted in accordance with Rule 59E-5.102, F.A.C., and will not be made available for internal or other governmental agency use until all revisions have been accepted.

(2)(1) Ownership Change. Within 120 days of the last date of ownership of a facility by the previous owner, a prior year report shall be filed for the period from the beginning of the facility’s fiscal year to the effective date of the change of ownership. The new owner shall be responsible for ensuring that such filing is accomplished. The Agency Board may waive the separate reporting requirement in the following circumstances:

(a) If a new owner does not change the fiscal year end of the facility and provides the Agency Board with a written statement within 60 days of the change in ownership that such period of prior ownership will be included in the audited financial statements and actual report to be filed by the new owner within 120 days of the facility’s fiscal year end and that the new owner agrees to be responsible for all Agency Board-related obligations, fines, assessments, and other filing and reporting responsibilities for the entire fiscal year.

(b) If the new owner changes the fiscal year end, and the period of prior ownership is a period of one month or less and the hospital has provided a written request within 60 days of the change in ownership.

(3)(2) Fiscal Year End Change. A hospital which changes its fiscal year end shall file its prior year report for the fiscal period ending on the date prior to the beginning of the new fiscal year within 120 days after such date.

Rulemaking Authority 408.061, 408.15 FS., Chapter 88-394, Laws of Florida. Law Implemented 408.072, 408.08, 408.15 FS. History–New 6-11-92, Formerly 10N-5.202,________.

 

59E-5.205 Notice of Violation or Deemed Not Filed and Response.

(1) Once a report has been filed in accordance with Rules 59E-2.015 and 59E-5.201, F.A.C., the Agency will review the report and determine if:

(a) It conforms to meets all applicable requirements of Chapter 59E-5, F.A.C., and Chapter 408, Florida Statutes as of as statutory, rule and FHURS Manual requirements.

(b) The data are mathematically accurate, reasonable and verifiable.

(2) If the report does not conform to the above requirements, the report will be deemed “not accepted” and a notice of violation will be sent via e-mail and/or through notification through the FHURS Online system. certified mail, or by other delivery service which provides proof of delivery, to the hospital.

(3) through (4) No changes.

(5) Modifications or corrections to various accounts and worksheet cells shall be made by resubmitting the entire report using via the FHURS Online system in accordance with Rule 59E-5.102. COMPASS comma separated text file. The COMPASS comma separated text file shall be returned to the Agency by electronic mail (E-mail) using the normal electronic protocols for E-mail services. The COMPASS comma separated text file shall be attached to the E-mail message. The E-mail message shall contain the following information:

(a) “Corrections to Hospital FHURS Report.”

(b) Hospital Name.

(c) Hospital Number (8 digit format).

(d) Reporting period.

(e) “Submission Number” which is the COMPASS generated submission number listed on each worksheet at the time the report is exported.

(6) The COMPASS comma separated text files containing the prior year actual reports must be properly formatted in accordance with Rule 59E-5.206, F.A.C., of this chapter and readable by Agency software, otherwise the report will be deemed not filed and the hospital will be subject to the penalties for late filing as prescribed in this chapter.\

Rulemaking Authority 408.061(2), 408.15(8) FS. Law Implemented 408.061(2), 408.062, 408.08 FS. History–New 6-11-92, Formerly 10N-5.205, Amended 3-28-99, 3-16-03, 9-12-05, _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Robert Smith, [phone], email: [e-mail]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Justin M. Senior, Secretary, Agency for Health Care Administration

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 10, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 29, 2017