AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing
RULE NO.:RULE TITLE:
59A-6.020Licensure Procedure
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 245, December 19, 2013 issue of the Florida Administrative Register.
The following sections of the proposed rule should be changed to read:
59A-6.020 Licensure Procedure.
(1) through (2)(f) No change.
(g) Evidence of registration from the Department of Health to provide HIV testing as stipulated in Rule 64D-2.006 10D-93.076, F.A.C., if HIV specimens are collected for analysis.
(i) through (k) No change.
(l) Such other information requested on the Health Care Licensing Application, Multiphasic Health Testing Center, form, AHCA form 3170-4001, Revised January 2014 Jan 94, incorporated by reference. This form is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX and available from the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 32, Tallahassee, Florida 32308, or at the web address at: http://ahca.myflorida.com/HQALicensureForms.
(m) No change.
(3)(4) Any center that fails to pay the proper fee or otherwise fails to qualify by the date of expiration of its license shall be delinquent, and its license shall be canceled without notice or further proceedings. Upon cancellation under this section, the center’s license shall be reinstated only upon application and qualification therefor as provided for initial applicants and upon payment of all delinquent fees.
(3)(5) Each license is valid only for the person or entity to whom it is issued and may not be sold, assigned, or transferred voluntarily or involuntarily. A license is not valid for any premises or mobile facility other than that for which originally issued. A center must be relicensed if a change of ownership occurs. Application for relicensure must be made to the agency 60 days prior to the change of ownership. When a multiphasic health testing center is leased by the owner to a second party for operation, said second party must apply for a new license. A copy of the lease agreement or signed statement showing which party is to be held responsible for the organization, operation and maintenance of the multiphasic health testing center shall be filed with the application. A license shall be returned to the agency immediately upon change of ownership or classification, suspension, revocation, or voluntary cessation of operations.
(4)(6) Upon receipt of the completed initial application, the agency shall conduct a survey pursuant to Section 408.811, F.S. to determine compliance with the established rules and standards. The inspection shall be conducted on an annual basis thereafter.
(5)(7) A separate license shall be required for each multiphasic health testing center when more than one (1) multiphasic health testing center is operated under the same ownership or management.
(6)(10) A licensee shall notify the agency by certified mail of impending closure of a licensed center, thirty (30) days prior to such closure. The license shall be surrendered to the agency immediately following cessation of operations.
Rulemaking Specific Authority 408.033, 483.291 FS. Law Implemented 408.033, 408.805, 408.806, 408.809, 408.810, 408.811, 483.285, 483.291, 483.30, 483.302 FS. History–New 3-20-94, Amended 5-1-96,__________.
The following changes have been made to the Application Checklist on the Health Care Licensing Application – Multiphasic Health Testing Center, AHCA Form 3170-4001, Revised October 2013:
Pg. 1, Paragraph 1:
The first and second sentences have been updated to read, “Applicants must include the following attachments as stated in Chapters 408, Part II, and 483, Part II, Florida Statutes (F.S.) and Chapters 59A-35 and 59A-6, Florida Administrative Code (F.A.C.). Applications must be received at least 60 days prior to the expiration of the current license or effective date of a change of ownership to avoid a late fee.”
Pg. 1, Paragraph 2:
The website address has been corrected to read, “http://ahca.myflorida.com/HQALicensureForms”.
Pg.1-2, Section A:
The checklist item related to background screening requirements has been amended to read,
“Proof of Background Screening in accordance with Section 59A-35.060, Florida Administrative Code.
A Level 2 background screening for the Administrator and Financial Officer is required every 5 years.
All screening results must be sent to the Agency for Health Care Administration for review and employment determinations. If you choose to use a LiveScan source other than the Agency’s contracted vendor you must identify the Agency for Health Care Administration as the recipient of the screening results to ensure the results are reviewed by the Agency. If the Agency does not receive the results, additional screening and fees may be required. For additional information, including finding a LiveScan vendor and screening a person who is out of state, please visit the Agency’s background screening website at http://ahca.myflorida.com/backgroundscreening.
The Administrator and/or Financial Officer submitted a Level 2 screening through a Livescan vendor.
The Administrator and/or Financial Officer submitted a Level 2 screening within the previous 5 years and results are on file with the Agency for Health Care Administration, Department of Children and Families, Department of Health, Department of Elder Affairs, Agency for Persons with Disabilities or Department of Financial Services (if the applicant has a certificate of authority or a provisional certificate of authority to operate a continuing care retirement community). An Affidavit of Compliance with Background Screening Requirements, AHCA Form 3100-0008, is also enclosed.”
Pg. 1-2, Footer:
The form revision date was updated to January 2014 and the website where the form is made available was updated to read, “http://ahca.myflorida.com/HQALicensureForms”.
The following changes have been made to the Health Care Licensing Application – Multiphasic Health Testing Center, AHCA Form 3170-4001, Revised October 2013:
Pg. 1-7, Footer:
The form revision date was updated to January 2014 and the website where the form is made available was updated to read, “http://ahca.myflorida.com/HQALicensureForms”.
Pg. 1:
The introductory sentence is amended to read, “Under the authority of Chapters 408 Part II and 483, Part II, Florida Statutes (F.S.), and Chapters 59A-35 and 59A-6, Florida Administrative Code (F.A.C.), an application is hereby made to operate a multiphasic health testing center as indicated below.”
Pg. 2, Section 2. Application Fees:
The action item “Late fee, if applicable” and the fee description, “Contact Licensure unit for details” have been removed from the fee table.
Pg. 5, Section 5. Required Disclosure:
In sub-section A., (5) has been removed from Section 408.809, F.S.
In sub-section C., the second and third questions have been removed and replaced with the following:
“(Yes/No) Terminated for cause from the Medicare program or a state Medicaid program.
If yes, has applicant been in good standing with the Medicare program or a state Medicaid program for the most recent 5 years and the termination occurred at least 20 years before the date of the application. (Yes/No)”
On Pg. 10, Section 10. Affidavit
In the first paragraph, (5) has been removed from Section 408.809, F.S.
The second paragraph has been replaced with the words “In addition, I attest that all employees subject to Level 2 screening standards are in compliance with Section 435.05(2), F.S.”
