The agency is proposing to amend the rule pursuant to amendments to 408.805, F.S.

 

AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing

RULE NO.:RULE TITLE:
59A-35.060Licensure Application Process.
PURPOSE AND EFFECT: The agency is proposing to amend the rule pursuant to amendments to 408.805, F.S.
SUBJECT AREA TO BE ADDRESSED: The agency is proposing to update the rule pursuant to 408.805 by adding language to include the provision by which fees are adjusted by not more than the change in the Consumer Price Index. In addition, the applications referenced within the rule have been updated to implement changes in the background screening laws, formatting and other changes enabling easier preparation by the applicant.
RULEMAKING AUTHORITY: 408.819 FS.
LAW IMPLEMENTED: 408.805 and 408.806 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 20, 2013, 3:00 p.m. – 4:00 p.m.
PLACE: Agency for Health Care Administration, Conference Room C, 2727 Mahan Drive, Building #3, Tallahasse, Florida 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 1 days before the workshop/meeting by contacting: Marisol Novak , [phone], [e-mail]. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Marisol Novak, [phone], [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

59A-35.060 Licensure Application Process.

(1) The applicant must apply for licensure using the program specific forms listed below and AHCA Form 3110-1024, Rev. October 1, 2009, “Health Care Licensing Application Addendum”. All forms are incorporated by reference and available online at: ahca.myflorida.com/Publications/Forms/HQA.shtml.

(a) Drug Free Workplace Laboratories as provided under Sections 112.0455 and 440.102, F.S.; AHCA Form 3170-5001, Rev. February 2013 July 2009.

(b) Birth Centers, as provided under Chapter 383, F.S.; AHCA Form 3130-3001, Rev. February 2013 July 2009.

(c) Abortion Clinics, as provided under Chapter 390, F.S.; AHCA Form 3130-1000, Rev. February 2013 July 2009.

(d) Crisis Stabilization Units, as provided under Parts I and IV of Chapter 394, F.S.; AHCA Form 3180-5003, Rev. February 2013 July 2009.

(e) Short Term Residential Treatment Units, as provided under Parts I and IV of Chapter 394, F.S.; AHCA Form 3180-5003, Rev. February 2013 July 2009.

(f) Residential Treatment Facilities, as provided under Part IV of Chapter 394, F.S.; AHCA Form 3180-5003, Rev. February 2013 July 2009.

(g) Residential Treatment Centers for Children and Adolescents, as provided under Part IV of Chapter 394, F.S.; AHCA Form 3180-5004, Rev. February 2013 July 2009.

(h) Hospitals, as provided under Part I of Chapter 395, F.S.; AHCA Form 3130-8001, Rev. February 2013 July 2009.

(i) Ambulatory Surgical Centers, as provided under Part I of Chapter 395, F.S.; AHCA Form 3130-2001, Rev. February 2013 July 2009.

(j) Mobile Surgical Facilities, as provided under Part I of Chapter 395, F.S.; AHCA Form 3130-2001, Rev. February 2013 July 2009.

(k) Health Care Risk Managers, as provided under Part I of Chapter 395, F.S.; AHCA Form RM-001, Rev. February 2013 July 2009.

(l) Nursing Homes, as provided under Part II of Chapter 400, F.S.; AHCA Form 3110-6001, Rev. February 2013 July 2009.

(m) Home Health Agencies, as provided under Part III of Chapter 400, F.S.; AHCA Form 3110-1011, Rev. February 2013 July 2009.

(n) Nurse Registries, as provided under Part III of Chapter 400, F.S.; AHCA Form 3110-7004, Rev. February 2013 July 2009.

(o) Companion Services or Homemaker Services, as provided under Part III of Chapter 400, F.S.; AHCA Form 3110-1003, Rev. July 2009.

(p) Hospices, as provided under Part IV of Chapter 400, F.S.; AHCA Form 3110-4001, February 2013 July 2009.

(q) Home for Special Services as provided under Part V of Chapter 400, F.S.; AHCA Form 3110-3001, February 2013 2010.

(r) Transitional Living Facilities, as provided under Part V of Chapter 400, F.S.; AHCA Form 3110-9001, Rev. February 2013 July 2009.

(s) Prescribed Pediatric Extended Care Centers, as provided under Part VI of Chapter 400, F.S.; AHCA Form 3110-8002, Rev. February 2013 July 2009.

(t) Home Medical Equipment Providers, as provided under Part VII of Chapter 400, F.S.; AHCA Form 3110-1005, Rev. February 2013 July 2009.

(u) Intermediate Care Facilities for the Developmentally Disabled, as provided under Part VIII of Chapter 400, F.S.; AHCA Form 3110-5003, Rev. February 2013 July 2009.

(v) Health Care Services Pools, as provided under Part IX of Chapter 400, F.S.; AHCA Form 3110-1010, Rev. February 2013 July 2009.

(w) Health Care Clinics, as provided under Part X of Chapter 400, F.S.; AHCA Form 3110-0013, Rev. February 2013 July 2009 or for exempted clinics, AHCA Form 3110-0014, Rev. February 2013 July 2009.

(x) Assisted Living Facilities, as provided under Part I of Chapter 429, F.S.; AHCA Form 3110-1008, Rev. February 2013 July 2009.

(y) Adult Family-Care Homes, as provided under Part II of Chapter 429, F.S.; AHCA Form 3180-1022, Rev. February 2013 July 2009.

(z) Adult Day Care Centers, as provided under Part III of Chapter 429, F.S.; AHCA Form 3180-1004, Rev. February 2013 July 2009.

(aa) Clinical Laboratories, as provided under Part I of Chapter 483, F.S.; AHCA Form 3170-2004 (renewal) B (initial) or C (change of ownership), Rev. February 2013 July 2009 or AHCA Form 3170-2004D, February 2013 September 2009 (addition of specialty, or subspecialty or change in specialty).

(bb) Multiphasic Health Testing Centers, as provided under Part II of Chapter 483, F.S.; AHCA Form 3170-4001, Rev. February 2013 July 2009.

(cc) Organ and Tissue Procurement Agencies, as provided under Chapter 381, F.S.; AHCA Form 3140-2001, February 2013 July 2009.

(2) The licensure fee must be included with any application. Applications will be returned to the applicant unprocessed if the fee does not accompany the application. Applications from state agencies must include a copy of the posted journal transactions by State Wide Document Number (SWDN) within benefiting Operating Level Organization (OLO) and site.

(a)  Unless otherwise limited by authorizing statutes, the licensure fee shall be adjusted annually, including fees paid per bed, by not more than the change in the Consumer Price Index based on the 12 months immediately preceding the increase.

(3) Applications received more than 120 days prior to the date of license expiration or the effective date will be returned to the applicant unprocessed.

(4) If an applicant, licensee, or controlling interest is required to register or file with the Florida Secretary of State, Division of Corporations, the principal, fictitious name and mailing addresses submitted with the licensure application for the applicant, licensee and controlling interests must be the same as the information registered with the Division of Corporations.

(5) Unresponsive applicant. If certified mail sent to the provider’s address of record, or mailing address if applicable, is returned as unclaimed or undeliverable, the Agency will send a copy of the letter by regular mail to the provider’s address of record, or mailing address if applicable, with a copy to the applicant’s address if different from the provider. The applicant must respond to the request within 21 days of the date of the letter sent by regular mail. If timely response is not received, the application will be subject to withdrawal or denial.

(6) An application is considered complete upon receipt of:

(a) All required documents and information and appropriate fee,

(b) All required background screening results, and

(c) Completion of a satisfactory inspection if required by authorizing statutes or rules. Satisfactory inspection means no regulatory violations exist, or all prior violations found have been determined by the Agency to be corrected.

(7) A licensure inspection will not be authorized until paragraphs (6)(a) and (6)(b) of this section have been satisfied.

(8) An application for license renewal may only be filed by the licensee.

Rulemaking Authority 408.819 FS. Law Implemented 408.805, 408.806 FS. History–New 7-14-10, Amended________.