variance from Rule 59A-8.004 and 59A-8.007 (1), Florida Administrative Code. The Agency for Health Care Administration (the “Agency”) received a petition pursuant to section 120.542 Florida Statutes, from Petitioner, Pediatric Services of America, ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing

RULE NO: RULE TITLE
59A-8.004: Licensure Procedure
59A-8.007: Geographic Service Area

NOTICE IS HEREBY GIVEN THAT on March 25, 2008, the Agency for Health Care Administration, received a petition for variance from Rule 59A-8.004 and subsection 59A-8.007(1), Florida Administrative Code.

The Agency for Health Care Administration (the “Agency”) received a petition pursuant to Section 120.542 Florida Statutes, from Petitioner, Pediatric Services of America, Inc. Petitioner operates home health agencies with nine licenses. The ownership of the home health agencies has changed in September 2007. The Petition requests a variance from Rule 59A-8.004 and subsection 59A-8.007(1), Florida Administrative Code. Rule 59A-8.004, F.A.C., incorporates by reference the forms required for home health licensure including Application for Change of Ownership, form number AHCA 3110-1012. This application requires the applicant to specify the geographic service area by county in which home health agency expects to provide services. The application further requires that the counties be within a single “AHCA area.” Subsection 59A-8.007(1), F.A.C., states that:

All home health agencies must apply for a geographic service area on their initial license application. Home health agencies may apply for a geographic service area which encompasses one or more of the counties within the specific AHCA area boundaries, pursuant to Sections 408.032(5) and 400.497(7), F.S., in which the main office is located provided that the license application includes a plan for:

(a)Coverage of the professional staff which takes into account the projected number of clients in the requested geographic service area, and

(b)Supervision of the staff in the requested geographic service area. AHCA shall authorize a geographic service area if there are a sufficient number and type of staff and supervision to meet the needs of the geographic service area.

Petitioner is seeking a permanent variance from the rule so as to allow the new owners to serve Pediatric Services of America’s Lake County patients (Area 3) without having to establish a home health agency office in an Area 3 county.

The Agency will accept comments concerning the Petition for 14 days from the date of publication of this notice. To be considered, comments must be received on or before 5:00 p.m. (Eastern Standard Time).

A copy of the Petition for Variance or Waiver may be obtained by contacting: Agency Clerk, Agency for Health Care Administration, 2727 Mahan Dr., Bldg 3, Mail Stop 3, Tallahassee, Florida 32308. For additional information, please contact Mark Hinely, Office of the General Counsel, at the above address, or telephone [phone].