The Agency is proposing to amend a rule within Rule Chapter 59A-35, F.A.C., Health Care Licensing Procedures, governing the licensure application process, to update application forms and the application addendum incorporated by reference. ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-35.060Licensure Application Process.

PURPOSE AND EFFECT: The Agency is proposing to amend a rule within Rule Chapter 59A-35, F.A.C., Health Care Licensing Procedures, governing the licensure application process, to update application forms and the application addendum incorporated by reference. Application forms for the following provider types will be updated: Crisis Stabilization Units, Short Term Residential Treatment Units, Residential Treatment Facilities, Residential Treatment Centers for Children and Adolescents, Hospices, Assisted Living Facilities, Adult Family-Care Homes and Adult Day Care Centers.

SUMMARY: Licensure application and addendum forms incorporated by reference in Rule Chapter 59A-35.060, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will 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 been prepared by the Agency.

The Agency has determined that the proposed rule is 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:

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: 408.819 FS.

LAW IMPLEMENTED: 400.801, 408.805, 408.806, 408.809, 408.810, 408.811 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: October 23, 2015, 9:00 a.m. – 10:00 a.m.

PLACE: Agency for Health Care Administration, Ft. Knox Bldg. 3, Conference Rooms C & 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: Kim Stewart, 2727 Mahan Drive, Mail Stop 28A, Building 1, Tallahassee, Florida, Email: [e-mail] or Phone: [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: Kim Stewart, 2727 Mahan Drive, Mail Stop 28A, Building 1, Tallahassee, Florida, Email: [e-mail] or Phone: [phone]

Public comments regarding this proposed rule will be accepted by the Agency prior to and at the hearing scheduled on October 23, 2015. Comments must be provided to Kim Stewart, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 28A, Building 1, Tallahassee, Florida 32308.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-35.060 Licensure Application Process.

(1) The applicant must apply for licensure using the program specific forms listed below which may be submitted online for renewals and the Health Care Licensing Application Addendum, AHCA Form 3110-1024, September 2015 October 2009, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05363. All forms are incorporated by reference and available online at: http://ahca.myflorida.com/HQAlicensureforms or at:  http://apps.ahca.myflorida.com/SingleSignOnPortal for online submissions.

(a) Drug Free Workplace Laboratories as provided under Sections 112.0455 and 440.102, F.S.; AHCA Form 3170-5001, Rev. July 2009.

(a) (b) Crisis Stabilization Units, as provided under Parts I and IV of Chapter 394, F.S.; Health Care Licensing Application Crisis Stabilization Unit and Short-Term Residential Treatment Facility, AHCA Form 3180-5003, September 2015 or for online renewals Health Care Licensing Online Crisis Stabilization Unit and Short-Term Residential Treatment Facility, AHCA Form 3180-5003OL, September 2015. AHCA Form 3180-5003, Rev. July 2009.

(b)(c) Short Term Residential Treatment Units, as provided under Parts I and IV of Chapter 394, F.S.; Health Care Licensing Application Crisis Stabilization Unit and Short-Term Residential Treatment Facility; AHCA Form 3180-5003, September 2015 or for online renewals Health Care Licensing Online Application Crisis Stabilization Unit and Short-Term Residential Treatment Facility; AHCA Form 3180-5003OL, September 2015. AHCA Form 3180-5003, Rev. July 2009.

(c)(d) Residential Treatment Facilities, as provided under Chapter 394, Part IV, F.S.; Health Care Licensing Application Residential Treatment Facility; AHCA Form 3180-5005, September 2015  or for online renewals Health Care Licensing Online Application Residential Treatment Facility; AHCA Form 3180-5005OL, September 2015. AHCA Form 3180-5003, Rev. July 2009.

(d)(e) Residential Treatment Centers for Children and Adolescents, as provided under Chapter 394, Part IV, F.S.; Health Care Licensing Application Residential Treatment Centers for Children and Adolescents; AHCA Form 3180-5004, September 2015 or for online renewals Health Care Licensing Online Application Residential Treatment Centers for Children and Adolescents; AHCA Form 3180-5004OL, September 2015. AHCA Form 3180-5004, Rev. July 2009.

(f) Health Care Risk Managers, as provided under Chapter 395, Part I, F.S.; AHCA Form RM-001, Rev. July 2009.

(g) Nursing Homes, as provided under Chapter 400, Part II, F.S.; AHCA Form 3110-6001, Rev. July 2009.

(h) Home Health Agencies, as provided under Chapter 400, Part III, F.S.; AHCA Form 3110-1011, Rev. July 2009.

(i) Nurse Registries, as provided under Chapter 400, Part III, F.S.; AHCA Form 3110-7004, Rev. July 2009.

(j) Companion Services or Homemaker Services, as provided under Chapter 400, Part III, F.S.; AHCA Form 3110-1003, Rev. July 2009.

(e)(k) Hospices, as provided under Chapter 400, Part IV, F.S.; Health Care Licensing Application Hospice, AHCA Form 3110-4001, September 2015 or for online renewals Health Care Licensing Online Application Hospice, AHCA Form 3110-4001OL, September 2015. AHCA Form 3110-4001, Rev. July 2009.

(f)(l) Home for Special Services as provided under Chapter 400, Part V, F.S.; AHCA Form 3110-3001, July 2014, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05202.

(m) Home Medical Equipment Providers, as provided under Chapter 400, Part VII, F.S.; AHCA Form 3110-1005, Rev. July 2009.

(n) Intermediate Care Facilities for the Developmentally Disabled, as provided under Chapter 400, Part VIII, F.S.; AHCA Form 3110-5003, Rev. July 2009.

(g)(o) Assisted Living Facilities, as provided under Chapter 429, Part I, F.S.; Health Care Licensing Application Assisted Living Facilities; AHCA Form 3110-1008, September 2015 or for online renewals Health Care Licensing Online Application Assisted Living Facilities; AHCA Form 3110-1008OL, September 2015.  AHCA Form 3110-1008, Rev. July 2009.

(h)(p) Adult Family-Care Homes, as provided under Chapter 429, Part II, F.S.; Health Care Licensing Application Adult Family-Care Home; AHCA Form 3180-1022, September 2015 or for online renewals Health Care Licensing Online Application Adult Family-Care Home; AHCA Form 3180-1022OL, September 2015.  AHCA Form 3180-1022, Rev. July 2009.

(i)(q) Adult Day Care Centers, as provided under Chapter 429, Part III, F.S.; Health Care Licensing Application Adult Day Care Center; AHCA Form 3180-1004, September 2015 or for online renewals Health Care Licensing Online Application Adult Day Care Center; AHCA Form 3180-1004OL, September 2015. AHCA Form 3180-1004, Rev. July 2009.

(r) Clinical Laboratories, as provided under Chapter 483, Part I, F.S.; AHCA Form 3170-2004 (renewal), B (initial) or C (change of ownership), Rev. July 2009 or AHCA Form 3170-2004D, September 2009 (addition of specialty, or subspecialty or change in specialty).

(s) Organ and Tissue Procurement Agencies, as provided under Chapter 381, F.S.; AHCA Form 3140-2001, July 2009.

(2) The licensure fee must be included with any application. Applications will be returned to the applicant unprocessed if the fee does not accompany the application. Applications from state agencies must include a copy of the posted journal transactions by State Wide Document Number (SWDN) within benefiting Operating Level Organization (OLO) and site.

(3) Applications received more than 120 days prior to the date of license expiration or the effective date will be returned to the applicant unprocessed.

(4) If an applicant, licensee, or controlling interest is required to register or file with the Florida Secretary of State, Division of Corporations, the principal, fictitious name and mailing addresses submitted with the licensure application for the applicant, licensee and controlling interests must be the same as the information registered with the Division of Corporations.

(5) Unresponsive applicant. If certified mail sent to the provider’s address of record, or mailing address if applicable, is returned as unclaimed or undeliverable, the Agency will send a copy of the letter by regular mail to the provider’s address of record, or mailing address if applicable, with a copy to the applicant’s address if different from the provider. The applicant must respond to the request within 21 days of the date of the letter sent by regular mail. If timely response is not received, the application will be subject to withdrawal or denial.

(6) An application is considered complete upon receipt of:

(a) All required documents and information and appropriate fee;

(b) All required background screening results; and,

(c) Completion of a satisfactory inspection if required by authorizing statutes or rules. Satisfactory inspection means no regulatory violations exist, or all prior violations found have been determined by the Agency to be corrected.

(7) A licensure inspection will not be authorized until paragraphs (6)(a) and (6)(b) of this section have been satisfied.

(8) An application for license renewal may only be filed by the licensee.

Rulemaking Authority 408.819 FS. Law Implemented 400.801, 408.805, 408.806, 408.809, 408.810, 408.811 FS. History–New 7-14-10, Amended 5-4-15, ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kim Stewart, 2727 Mahan Drive, Mail Stop 28A, Building 1, Tallahassee, Florida, Email: [e-mail] or Phone: [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek, Secretary

Agency for Health Care Administration

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 29, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 15, 2015