The Agency proposes to amend Rule 59A-8.005 to update the Application for Exemption from Licensure as a Home Health Agency, AHCA Form 3110-1009, pursuant to changes in section 400.464(6), F.S. as a result of the 2020 legislative ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-8.005Certificates of Exemption and Exempt Status

PURPOSE AND EFFECT: The Agency proposes to amend Rule 59A-8.005 to update the Application for Exemption from Licensure as a Home Health Agency, AHCA Form 3110-1009, pursuant to changes in section 400.464(6), F.S. as a result of the 2020 legislative session.

SUMMARY: The Agency proposes to amend Rule 59A-8.005 to update the Application for Exemption from Licensure as a Home Health Agency, AHCA Form 3110-1009, with the addition of two new exemptions specified in section 400.464(6), F.S., which includes persons or entities providing skilled nursing or therapy services, or providing services through volunteers or relatives of the patient.

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: 400.497, F.S.

LAW IMPLEMENTED: 400.464(5), 400.464(6), F.S.

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: John Rainey, Bureau of Health Facility Regulation, 2727 Mahan Drive, Tallahassee, Florida, [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: John Rainey, Laboratory and In-Home Services Unit, Bureau of Health Facility Regulation, [e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-8.005 Certificates of Exemption and Exempt Status.

(1) through (2) no change.

(3) An applicant for a certificate of exemption from the home health agency licensure requirements must apply using shall submit to AHCA the Application for Certificate of Exemption from Licensure as a Home Health Agency, AHCA Form 3110-1009, July 2021 2018, which is incorporated by reference and available may be obtained at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. and, The form is also available from the AHCA web address at: http://ahca.myflorida.com/HQAlicensureforms with the AHCA.

(4) through (16) no change.

(17) This rule is in effect for five years from its effective date.

 

Rulemaking Authority 400.497 FS. Law Implemented 400.464(5), 400.464(6) FS. History–New 5-9-19, Amended               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John Rainey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Simone Marstiller

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 11/08/2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 03/24/2021