The Agency is proposing to amend this rule to change its title, update vague language, correct a statutory reference and remove unnecessary language.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Hospital and Nursing Home Reporting Systems and Other Provisions Relating to Hospitals

RULE NO.:RULE TITLE:

59E-2.024Violation of Chapter 408 F.S. or Board Rules

PURPOSE AND EFFECT: The Agency is proposing to amend this rule to change its title, update vague language, correct a statutory reference and remove unnecessary language.

SUMMARY: The title of Rule 59E-2.024, F.A.C., will be changed to “Violation of Chapter 408, F.S. or Agency Rules” Vague language “include but not limited to” will be removed from section (3), a statutory reference will be corrected in subsection (3)(e), and unnecessary language will be removed from section (4) of the rule.

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: 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. 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: 408.15 FS.

LAW IMPLEMENTED: 408.08 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: May 21, 2019; 9:30 a.m. - 10:30 a.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building #3, Conference Room D, 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: Mills Smith, Phone: [phone], email: [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 IS: Mills Smith, Phone: [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59E-2.024 Violation of Chapter 408 F.S. or Agency Board Rules.

(1) Failure to comply with the requirements of Chapter 408, F.S., or the requirements of Agency rules is punishable by a fine not to exceed $1,000 per day. Each day that a report, document or assessment payment is late or each day of such other violation is considered a separate offense for which an administrative fine will be assessed.

(2) Entities subject to the Agency’s jurisdiction are responsible for knowledge of and compliance with applicable rules and statutes.

(3) Violations which may occur include but are not limited to:

(a) Failure to file a report or document on or before the due date. This violation includes submission of a report or document which does not contain all required information or does not meet format requirements;

(b) Failure to correct a report or document which has been filed but contains errors or deficiencies;

(c) Failure to file a report or document. This violation occurs when the report or document is not submitted within one year of its original due date or when a report or document is submitted but it does not contain all required information or does not meet format requirements;

(d) Knowingly submitting a false report or document;

(e) Failure to pay an assessment due pursuant to Section 408.08 408.04, F.S.

(4) The Agency shall impose a fine of $5,000 against the chief executive officer of a hospital or any person who is in charge of hospital administration or operations who has knowingly and willfully allowed or authorized actual operating revenues or expenditures in excess of projected operating revenues or expenditures of the hospital’s approved budget.

(4)(5) Prior to seeking to impose an administrative fine against an entity for the violations described in paragraphs (3)(a) and (b) above, the Agency will send a notice of violation to the entity by certified mail, return receipt requested. If the entity corrects the violation within 10 working days of receipt of the notice, no violation will be deemed to have occurred and no administrative fine will be sought or imposed. If the entity does not correct the violation within that time, it shall be subject to imposition of an administrative fine which will be calculated from the original due date of the report or document.

(5)(6) Prior to seeking to impose an administrative fine against an entity for the violation described in paragraph (3)(c) above, the agency will send a notice of violation to the entity by certified mail, return receipt requested. If the entity corrects the violation within 10 working days of receipt of the notice, no violation will be deemed to have occurred and no administrative fine will be sought or imposed. If the entity does not correct the violation within that time, it shall be subject to imposition of an administrative fine which will be calculated from the date of the entity’s receipt of the notice of violation.

Rulemaking Authority 408.15 FS. Law Implemented 408.08 FS. History–New 6-1-92, Formerly 10N-2.024.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mills Smith

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mary C. Mayhew, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 05, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 01/17/2019