Agency proposes to update this rule to rename “birthing centers” as “birth centers,” remove references to Clinical Laboratories and Multiphasic Testing Centers as these programs are no longer regulated, and correct a department ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Certificate of Need

RULE NO.:RULE TITLE:

59C-1.022Health Care Facilities Fee Assessments and Fee Collection Procedures

PURPOSE AND EFFECT: Agency proposes to update this rule to rename “birthing centers” as “birth centers,” remove references to Clinical Laboratories and Multiphasic Testing Centers as these programs are no longer regulated, and correct a department name.

SUMMARY: Rule 59C-1.022, outlines the annual assessment fee schedule and collection procedures. The Agency proposes to update this rule to rename “birthing centers” as “birth centers,” remove references to Clinical Laboratories and Multiphasic Testing Centers as these programs are no longer regulated, and correct a department name.

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: 408.033(2), 408.034(8), 408.15(8), FS.

LAW IMPLEMENTED: 408.033(2), FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 20, 2021, 2:00 p.m. to 4:00 p.m.

PLACE: No public face-to-face meeting. This hearing will be conducted via teleconference. Participate by dialing the Open Voice conference line, 1(888)585-9008, then enter the conference room number followed by the pound sign, 476-211-242#. The agenda and related materials can also be found on the web at: https://ahca.myflorida.com/MCHQ/Health_Facility_Regulation/Rulemaking.shtml.

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: James B. McLemore, [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: James B. McLemore, [phone], email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59C-1.022 Health Care Facilities Fee Assessments and Fee Collection Procedures.

(1) Health Care Facilities Subject to Assessment. In accordance with Section 408.033(2), F.S., the following health care facilities and health care service providers, licensed or certified by the Agency for Health Care Administration, shall be assessed an annual fee to be collected prospectively by the Agency within the time frames specified in subsection (4):

(a) Abortion clinics licensed under Chapter 390, F.S.

(b) Assisted living facilities licensed under Chapter 429, Part I, F.S.

(c) Ambulatory surgical centers licensed under Chapter 395, Part I, F.S.

(d) Birth Birthing centers licensed under Chapter 383, F.S.

(e) Clinical laboratories licensed under Chapter 483, Part I, F.S., except community nonprofit blood banks and clinical laboratories operated by practitioners for exclusive use regulated under Section 483.035, F.S.

(e)(f) Health maintenance organizations certified under Chapter 641, Part I, F.S., and prepaid health clinics certified under Chapter 641, Part II, F.S.

(f)(g) Home health agencies licensed under Chapter 400, Part III, F.S.

(g)(h) Hospices licensed under Chapter 400, Part IV, F.S.

(h)(i) Hospitals licensed under Chapter 395, Part I, F.S.

(i)(j) Intermediate care facilities for developmentally disabled persons licensed under Chapter 400, Part VIII, F.S.

(j)(k) Nursing homes licensed under Chapter 400, Part II, F.S.

(l) Multiphasic testing centers licensed under Chapter 483, Part II, F.S.

(k)(m) Health care clinics licensed under Chapter 400, Part X, F.S.

(2) Health Care Facilities Exempted from Fee Assessments. Facilities operated by the Department of Children and Families Family Services, the Department of Health or the Department of Corrections, and any hospital which meets the definition of a rural hospital pursuant to Section 395.602, F.S., are exempted from the health care facility assessment.

(3) through (7) No change.

(8) This rule is in effect for five years from its effective date.

Rulemaking Authority 408.033(2), 408.034(8), 408.15(8) FS. Law Implemented 408.033(2) FS. History–New 12-7-88, Amended 11-29-89, 12-5-90, 8-19-91, Formerly 10-5.022, Amended 6-16-05, 6-20-13,                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: James B. McLemore

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Simone Marstiller

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 03/02/2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 06/06/2018