The Agency proposes to revise this section of rule to align with recent statutory changes to 390.0112, FS.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.: RULE TITLE:

59A-9.034: Reports

PURPOSE AND EFFECT: The Agency proposes to revise this section of rule to align with recent statutory changes to 390.0112, FS.

SUMMARY: The rule section for reporting by abortion clinics will be revised to clarify language and update a required form to comply with statutory requirements.

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.

For rules listed where no SERC was prepared, the Agency prepared a checklist for each rule to determine the necessity for a SERC.

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: 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: 390.012, FS.

LAW IMPLEMENTED: 390.0112, 390.012, 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: Wednesday, November 23, 2016, 8:30 a.m.-9:30 a.m.

PLACE: Agency for Health Care Administration, Conference Room D, 2727 Mahan Drive, Building #3, 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: Jessica Munn, Hospital & Outpatient Services Unit, 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: Jessica Munn, Hospital & Outpatient Services Unit, Bureau of Health Facility Regulation, [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-9.034 Reports.

(1) Pursuant to Section 390.0112, F.S., an a abortion clinic and any medical facility in which abortions are performed, including a physician’s office must submit a report each month to the Agency, regardless of the number of terminations of pregnancy, and regardless of method used. Monthly reports must be received by the Agency within 30 days following the preceding month. Failure to submit this report so that it is timely received by the Agency will result in an administrative fine being imposed pursuant to Section 390.0112(5), F.S.

(a) Monthly reports for abortions performed on or before December 31, 2016 must be submitted on the Monthly Report of Induced Terminations of Pregnancy, AHCA Form 3130-1010 OL, July 2016, which is hereby incorporated by reference. This form is only accepted electronically and is available at: http://ahca.myflorida.com/ITOP and will be available until June 30, 2017. A copy of the form can also be found at: http://www.flrules.org/Gateway/reference.asp?No=Ref-07333. Failure to submit this report so that it is timely received by the Agency will result in an administrative fine being imposed pursuant to Section 390.0112(4), F.S.

(b) Monthly reports for abortions performed on or after January 1, 2017 must be submitted on the Monthly Report of Induced Terminations of Pregnancy, AHCA Form 3130-1010 OL, January 2017, which is hereby incorporated by reference. This form is only accepted electronically and is available at: https://apps.ahca.myflorida.com/SingleSignOnPortal/Login.aspx?ReturnUrl=%2fSingleSignOnPortal. A copy of the form can also be found at: http://www.flrules.org/Gateway/reference.asp?No=Ref-07591.

(2) Each clinic shall maintain a log of all terminations of pregnancy, recording the date of the procedure and period of gestation.

Rulemaking Authority 390.012 FS. Law Implemented 390.0112, 390.012 FS. History–New 6-13-90, Formerly 10D-72.034, Amended 8-24-94, 9-25-06, 7-13-08, 5-19-16, 9-26-16, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica Munn

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Justin M. Senior

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 31, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 09/28/2016