The Agency proposes to amend Rule 59A-35.040, F.A.C., to strike Health Care Risk Managers and Clinical Laboratory provider types indicated in the rule as they are no longer regulated. Proposed changes will also strike language requiring providers to ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-35.040License Required; Display

PURPOSE AND EFFECT: The Agency proposes to amend Rule 59A-35.040, F.A.C., to strike Health Care Risk Managers and Clinical Laboratory provider types indicated in the rule as they are no longer regulated. Proposed changes will also strike language requiring providers to return a hard copy of a license to the Agency upon revocation or cancelation of said license.

SUMMARY: Rule 59A-35.040, F.A.C., outlines license requirements related to display and time frames for license changes requested by providers. The Agency proposes to amend Rule 59A-35.040, F.A.C., to strike Health Care Risk Managers and Clinical Laboratory provider types indicated in the rule as they are no longer regulated. Proposed changes will also strike language requiring providers to return a hard copy of a license to the Agency upon revocation or cancelation of said license.

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: 408.819, FS.

LAW IMPLEMENTED: 408.804, 408.810, 408.813, 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: November 12, 2019, 2:00 - 3:00 p.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building #3, Conference Room B, 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, Bureau of Health Facility Regulation, 2727 Mahan Drive, MS # 28A Tallahassee, Florida, 323087 or by 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 at [phone] or email at: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-35.040 License Required; Display.

(1) No change.

(2) Any request to amend a license must be received by the Agency in advance of the requested effective date as detailed below. Requests to amend a license are not authorized until the license is issued.

(a) No change.

(b) Requests to change the address of record must be received by the Agency 21 to 120 days in advance of the requested effective date for the following provider types:

1. through 2. No change

3. Health Care Risk Managers, as provided under Chapter 395, Part I, F.S.;

4. through 9. renumbered 3. through 8. No change.

10. Clinical Laboratories, as provided under Chapter 483, Part I, F.S.;

11. through 12. renumbered 9. through 10 No change.

(c) No change.

(3) through (4) No change.

(5) The licensee shall return the license certificate to the Agency upon the rendition of a final order revoking, cancelling or denying a license, and upon the voluntary discontinuance of operation.

Rulemaking Authority 408.819 FS. Law Implemented 408.804, 408.810, 408.813 FS. History–New 7-14-10, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kim Stewart

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mary C. Mayhew

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 10/09/2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 08/16/2019