The Agency is proposing to repeal a rule related to home health agency licensure requirements and procedures.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-8.004Licensure Procedure

PURPOSE AND EFFECT: The Agency is proposing to repeal a rule related to home health agency licensure requirements and procedures.

SUMMARY: The Agency is proposing to repeal a rule related to the licensure procedures for home health agencies. The passage of HB 6021 in the 2017 Legislative Session repealed section 400.471(7), Florida Statutes, effective July 1, 2017, which prohibited AHCA from issuing an initial home health agency license to an applicant that had common controlling interests in a licensed home health agency located within 10 miles of and in the same county as the proposed home health agency. AHCA Form 3110-1026, Attestation of Compliance with Distance Requirements, March 2013, which is incorporated by reference in Rule 59A-8.004, F.A.C. is obsolete based on the repeal of the statutory provision relating to the form. Additionally, the licensure requirements and procedures are found elsewhere in Chapter 400, Part III and Chapter 408, Part II, Florida Statutes as well as Chapters 59A-8 and 59A-35, Florida Administrative Code.

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: The Agency has determined that no SERC is required and that no legislative ratification pursuant to subsection 120.541(3), F.S. is required based upon the Agency’s review of information at the time of analysis and the preparation of a checklist for each rule to determine the need for the creation of a SERC.

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 FS.

LAW IMPLEMENTED: 400.471, 400.512, 408.810, 408.806, 408.8065, 408.809 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: November 29, 2017 10:00 a.m. – 11:00 a.m.

PLACE: Agency for Health Care Administration, Ft. Knox Bldg. 3, Conference Room 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: Ruby Grantham via e-mail: [e-mail] 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: Ruby Grantham via e-mail: [e-mail] or by phone: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-8.004 Licensure Procedure

Rulemaking Authority 400.497 FS. Law Implemented 400.471, 400.512, 408.810, 408.806, 408.8065, 408.809 FS. History–New 4-19-76, Formerly 10D-68.04, Amended 4-30-86, 8-10-88, 5-30-90, 6-12-91, 10-6-91, Formerly 10D-68.004, Amended 4-27-93, 10-27-94, 1-30-97, 1-17-00, 7-18-01, 9-22-05, 8-15-06, 3-29-07, 7-11-13, 6-16-15, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ruby Grantham

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Justin M. Senior, Secretary, Agency for Health Care Administration

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 24, 2017