The Agency proposes to revise the rule to incorporate recent changes from 2023-040, LOF related to reporting of patient immigration status data, as well as update Quality Measures and Patient Safety Information, AHCA Form ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-3.270Health Information Management

PURPOSE AND EFFECT: The Agency proposes to revise the rule to incorporate recent changes from 2023-040, LOF related to reporting of patient immigration status data, as well as update Quality Measures and Patient Safety Information, AHCA Form 3190-2001OL, April 2021 to align with statutory requirements.

SUMMARY: Rule 59A-3.270 addresses required hospital forms to be used for notification of observation status and patient safety/quality measures. The Agency proposes to revise the rule to incorporate recent changes from 2023-040, LOF related to reporting of patient immigration status data, as well as update Quality Measures and Patient Safety Information, AHCA Form 3190-2001OL, April 2021 to align with statutory requirements.

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: 395.1012, 395.1055, 395.301, 395.3015, 395.3027, FS.

LAW IMPLEMENTED: 395.1055, 395.301, 395.1012, 395.3015, 395.3025, 395.3027, 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 27, 2024, from 2:00 pm – 3:00 pm

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida, 32308, Building 3, Conference Room A. You may also participate by dialing the Open Voice conference line, 1(888)585-9008, then enter the conference room number followed by the pound sign, 998-518-088#. The agenda and related materials can 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: Kelli Fillyaw, 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: Kelli Fillyaw, [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-3.270 Health Information Management.

(1) through (12) no change.

(13) Information provided pursuant to Section 395.1012(3)(a), F.S., must be provided on Hospital Quality Measures and Patient Safety Information, AHCA Form 3190-2001OL, May 2023 April 2021, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 13013. The form is available online at https://www.floridahealthfinder.gov/index.html.

(14) Patient immigration status quarterly reports.  Pursuant to section 395.3027, F.S., each Medicaid participating hospital must submit admission and emergency department visit data to the Agency no less than 30 days after the end of each calendar quarter.  The Agency will review this rule five years from the effective date and repromulgate, amend or repeal the rule as appropriate, in accordance with Section 120.54, F.S., and Chapter 1-1, F.A.C.

(a) Separate quarterly reports are required for each licensed hospital.  A hospital may submit single report for more than one campus according to the following:

1. All campuses share the same license number.

2. The primary campus is listed on the reporting form as the reporting hospital.

3. The reporting form lists all campuses included in that submission.

4. Failure to list a campus on the reporting form for a report covering more than one campus will result in the report being returned and deemed not accepted.

(b) The first report for a new hospital or a hospital that resumed operations after being inactive is due no less than 30 days after the end of the calendar quarter during which the hospital began or resumed operations.

(c) The calendar quarter begin date, end date, and corresponding due dates are:

 

Quarter	Begin Date	End Date	Due Date
1	January 1st	March 31st	April 30th
2	April 1st	June 30th	July 30th
3	July 1st	September 30th	October 30th
4	October 1st	December 31st	January 30th

 

(d) If the due date falls on a weekend or State holiday, then the due date shall be the next business day.  For the purposes of this rule, a business day means any day other than a Saturday, Sunday, or legal holiday as designated in Section 110.117, F.S.

(e) Reports must be submitted on Quarterly Patient Immigration Status, AHCA Form 3190-0121OL, March 2024, hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.  The form is also available at https://ahca.myflorida.com/health-care-policy-and-oversight/bureau-of-health-facility-regulation/hospital-outpatient-services-unit/hospitals/other-report-forms2. 

(f) A report is considered accepted according to the following:

1. The report is received by the due date.

2. The form is completed according to the instructions on the form.

3. Information reported is true and correct to the best of the licensee’s knowledge and is free from false representations of material fact with any required explanations included on reporting form in the exceptions or qualifiers section.

 

Rulemaking Authority 395.1012, 395.1055, 395.301, 395.3015, 395.3027, FS. Law Implemented 395.1055, 395.301, 395.1012, 395.3015, 395.3025, 395.3027, FS. History–New 9-4-95, Formerly 59A-3.214, Amended 10-16-14, 5-17-21,                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kelli Fillyaw

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jason Weida

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 13, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 27, 2023