The Agency is proposing to establish a standardized form and provide electronic access for submission of information required for the reporting of adverse incidents to the agency.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.: RULE TITLE:

59A-35.110 Reporting Requirements; Electronic Submission

PURPOSE AND EFFECT: The Agency is proposing to establish a standardized form and provide electronic access for submission of information required for the reporting of adverse incidents to the agency.

SUMMARY: Pursuant to Section 408.806, F.S. The rule incorporates the form and electronic submission of adverse incidents to the agency by reference.

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.

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: 408.806 FS.

LAW IMPLEMENTED: 408.806 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: JUNE 4, 2015, at 10:00 a.m. ET

PLACE: Agency for Health Care Administration, Ft. Knox Bldg. 3, Conference Room D, 2727 Mahan Drive, 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 7 days before the workshop/meeting by contacting: Trish Vidal, Florida Center for Health Information and Policy Analysis, 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: Trish Vidal, [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-35.110 Reporting Requirements; Electronic Submission.

(1) During the two year licensure period, any change or expiration of any information that is required to be reported under Chapter 408, Part II, F.S., or authorizing statutes for the provider type as specified in Section 408.803(3), F.S., during the license application process must be reported to the Agency within 21 days of occurrence of the change, including:

(a) Insurance coverage renewal,

(b) Bond renewal,

(c) Change of administrator or the similarly titled person who is responsible for the day-to-day operation of the provider,

(d) Annual sanitation inspections,

(e) Fire inspections,

(f) Approval of revisions to emergency management plans.

(2) Electronic submission of information.

(a) The following required information must be reported through the Agency’s Internet site at http://www.ahca.myflorida.com/reporting/index.shtml http://ahca.myflorida.com/schs/RiskMgtPubSafety/RiskManagement.shtml:

1. Hospitals, as provided under Part I of Chapter 395, F.S.; AHCA Form 3140-5001, Rev. August 1993:

a. Adverse incident reports required pursuant to Sections 395.0197, F.S., and Rule 59A-10.0065, F.A.C.

2. Ambulatory Surgical Centers as provided under Part I of Chapter 395, F.S.; AHCA Form 3140-5001, Rev. August 1993:

a. Adverse incident reports required pursuant to Sections 395.0197, F.S., and Rule 59A-10.0065, F.A.C.

31. Nursing homes, as provided under Part II of Chapter 400, F.S.; AHCA Form 3110-0010, Rev. Oct. 2008:

a. Semi-annual staffing ratios required pursuant to Section 400.141(1)(o), F.S. and Rule 59A-4.103, F.A.C.

ab. Adverse incident reports required pursuant to Sections 400.147(7) and (8), F.S. and Rule 59A-4.123, F.A.C.

c. Liability claim reports required pursuant to Section 400.147(10), F.S. a9d Rule 59A-4.123, F.A.C.

42. Assisted living facilities, as provided under Part I of Chapter 429, F.S.; AHCA Forms 3180-1024, 3180-1025,  and 3180-1026, Rev. October 2001:

a. Adverse incident reports required pursuant to Sections 429.23(3) and (4), F.S. and Rule 58A-5.0241, F.A.C.

b. Liability claim reports required pursuant to Section 429.23(5), F.S. and Rule 58A-5.0242, F.A.C.;

(b) The licensee must print and retain a copy of the submitted report as confirmation the receipt issued from the Internet site indicating that their online transaction was accepted.

(c) If the Agency’s Internet site is temporarily out of service, the required reports may be submitted by mail or facsimile as follows:

1. Semi-annual staffing ratios and liability claim reports are sent to the Agency for Health Care Administration, Central Systems Management Unit, 2727 Mahan Drive, MS #47, Tallahassee, FL 32308 or facsimile to [phone].

2. Adverse incident reports are sent to the Agency for Health Care Administration, Florida Center for Health Information and Policy Analysis, 2727 Mahan Drive, MS #16, Tallahassee, FL 32308 or facsimile to [phone].

Rulemaking Authority 408.806(8), 408.819 FS. Law Implemented 408.806, 408.810 FS. History–New 7-14-10, _____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Patricia Vidal

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 22, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 13, 2015