The Agency is proposing to amend this rule to remove the word “annual” in relation to surveys to allow greater flexibility for inspections.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-11.004Investigations and License, Life Safety and Validation Inspections

PURPOSE AND EFFECT: The Agency is proposing to amend this rule to remove the word “annual” in relation to surveys to allow greater flexibility for inspections.

SUMMARY: Surveys and inspections conducted by the Agency.

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: 383.309, 408.819 FS.

LAW IMPLEMENTED: 383.324, 408.811 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: Tuesday, March 28, 2017, 2:00 p.m. – 3:00 p.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-11.004 Investigations and License, Life Safety and Validation Inspections.

(1) through (2) No change.

(3) Non-accredited birth centers. Those birth centers which are not accredited by AAAHC, CABC, or The Joint Commission shall be subject to a scheduled annual licensure and life safety inspections by the Agency.

(a) The fee for conducting a an annual licensure inspection shall be $250.

(b) The fee for conducting a an annual life safety inspection shall be $250.

(4) Accredited Birth Centers. In lieu of annual licensure inspections, the Agency shall accept the survey report of an accrediting organization if the survey report indicates that the birth center is in compliance with state licensure requirements as required by Chapters 383 and 408, Part II, F.S. and Chapters 59A-11 and 59A-35, F.A.C.

(4)(a) through (b) No change.

(c) Accredited-birth centers are subject to scheduled annual life safety inspections.

(d) The fee for conducting a an annual life safety inspection shall be $250.

(e) Accredited bBirth centers shall be subject to annual licensure and life safety inspections under the following circumstances:

(e)1. through 2. No change.

(f) If a licensure inspection is required pursuant to (4)(e), the fee for conducting a licensure inspection shall be $250.

(5) through (6) No change.

(7) Conformance with accreditation standards. In all birth centers where the Agency does not conduct a an annual licensure inspection, by reason of the birth center’s accreditation status, the birth center shall continue to conform to the standards of accreditation throughout the term of accreditation, or shall notify the Agency of the areas of non-conformance.

Rulemaking Authority 383.309, 408.819 FS. Law Implemented 383.324, 408.811 FS. History–New 3-4-85, Formerly 10D-90.04, 10D-90.004, Amended 2-12-96, 9-17-96, 5-15-14, ______.

 

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: January 25, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 14, 2016