The purpose and effect of the rule development is to revise the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care incorporated by reference as AHCA Form FC4200-004 and the Universal ...

AGENCY FOR HEALTH CARE ADMINISTRATION
Cost Management and Control

RULE NO.: RULE TITLE:
59B-16.001: Definitions
59B-16.002: Universal Patient Authorization Forms
PURPOSE AND EFFECT: The purpose and effect of the rule development is to revise the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care incorporated by reference as AHCA Form FC4200-004 and the Universal Patient Authorization Form for Limited Disclosure of Health Information incorporated by reference as AHCA Form FC4200-005 to provide that the effective period of authorization ends at withdrawal of permission or date of death, to adopt Spanish versions of the forms incorporated by reference as AHCA Form FC4200-006 and AHCA Form 4200-007 under the provisions of Section 408.051(4), Fla. Stat., clarify in the authorization forms that permission is for use and disclosure, clarify the statement that permissions will not affect medical treatment, payment for treatment or insurance coverage, clarify in the authorization forms that authorization is for medical products in addition to medical services, clarify that permission may be revoked rather than withdrawn, remove an incorrect reference to Rule 59B-16.003, F.A.C., clarify the definition of health care provider in Rule 59B-16.001, F.A.C., and add specific rulemaking authority citations under Rules 59B-16.001 and 59B-16.002, F.A.C. The Universal Patient Authorization forms need to be amended due to Federal guidance issued on June 16, 2010, by U.S. Health and Human Services (HHS), Substance Abuse and Mental Health Services Administration. This federal guidance requires a change to the form to comply with HHS’s interpretation of the federal law governing patient consent for the release of patient records from federally funded substance abuse treatment programs that are subject to 42 CFR Part 2, Confidentiality of alcohol and drug abuse patient records.
SUMMARY: The Agency is proposing to revise the English version of the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care and the English version of the Universal Patient Authorization Form for Limited Disclosure of Health Information incorporated by reference in Rule 59B-16.002, amend Rule 59B-16.002, F.A.C., to incorporate by reference a Spanish version of the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care and a Spanish version of the Universal Patient Authorization Form for Limited Disclosure of Health Information, clarify in the authorization forms that permission is for use and disclosure, clarify the statement that permissions will not affect medical treatment, payment for treatment or insurance coverage, clarify in the authorization forms that authorization is for medical products in addition to medical services, clarify that permission may be revoked rather than withdrawn, revise Rule 59B-16.001, F.A.C., to remove an incorrect rule reference, revise Rule 59B-16.001, F.A.C., to clarify the definition of health care provider and add specific rulemaking authority citations under Rules 59B-16.001 and 59B-16.002, F.A.C.
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.
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: 408.15(8) FS.
LAW IMPLEMENTED: 408.051(4) 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 3, 2012, 11:00 a.m.
PLACE: Agency for Health Care Administration, First Floor Conference Room B, Building 3, 2727 Mahan Drive, Tallahassee, Florida 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: Milly Hardin at [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: Carolyn Turner, Florida Center for Health Information and Policy Analysis, Division of Health Quality Assurance, Agency for Health Care Administration, Building 3, 2727 Mahan Drive, Tallahassee, Florida 32308

THE FULL TEXT OF THE PROPOSED RULE IS:

59B-16.001 Definitions.

As used in Rules 59B-16.001 through 59B-16.002 59B-16.003, F.A.C.:

(1) “Health care provider” means any other person or organization that furnishes, bills, or is paid for health care services in the normal course of business.

(2) “Electronic format” means an electronic copy of the forms provided in Rule 59B-16.002, F.A.C., in a Portable Document Format (PDF).

Rulemaking Authority 408.051(4)(b), 408.15(8) FS. Law Implemented 408.051(4) FS. History–New 7-28-10, Amended _________.

 

59B-16.002 Universal Patient Authorization Forms.

(1) The Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care including instructions for completing the form is posted at: www.FHIN.net. The form may be printed, completed, signed and scanned into an electronic format as provided in subsection 59B-16.001(2), F.A.C. The Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care, Form Florida AHCA FC4200-004 7.1.2011 dated 3.1.10 is incorporated by reference and the Spanish language version, Formulario de Autorización Universal para Dar a Conocer Información Médica Completa para Tratamiento & Calidad de Cuidado, Form Florida AHCA FC4200-006 7.1.2011 is incorporated by reference as AHCA Form FC4200-004.

(2) The Universal Patient Authorization Form for Limited Disclosure of Health Information including instructions for completing the form is posted at: www.FHIN.net. The form may be printed, completed, signed and scanned into an electronic format as provided in subsection 59B-16.001(2), F.A.C. The Universal Patient Authorization Form for Limited Disclosure of Health Information, Form Florida AHCA FC4200-005 7.1.2011 dated 3.1.10 is incorporated by reference and the Spanish language version, Formulario de Autorización Universal para Dar a Conocer Información Médica Limitada, Form Florida AHCA FC4200-007 7.1.2011 is incorporated by reference as AHCA Form FC4200-005.

Rulemaking Authority 408.051(4)(b), 408.15(8) FS. Law Implemented 408.051(4) FS. History–New 7-28-10, Amended _________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeff Gregg, Bureau Chief, Division of Health Quality Assurance, Agency for Health Care Administration, Building 3, 2727 Mahan Drive, Tallahassee Florida 32308
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek, Secretary, Agency for Health Care Administration
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 23, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 27, 2011