INDEX TO PROPOSED RULES FOR HEALTH CARE CLINIC LICENSURE  

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    AGENCY FOR HEALTH CARE ADMINISTRATION
    Health Facility and Agency Licensing

    RULE NO: RULE TITLE
    59A-33: INDEX TO PROPOSED RULES FOR HEALTH CARE CLINIC LICENSURE

    NOTICE OF CHANGE

    This amended notice of change, amends changes to the Notice of Change published in the Vol. 32, No. 23, Notice Section:  Notice of Change/Withdrawal, on June 9, 2006, the Florida Administrative Weekly, in accordance with subparagraph Section 120.54(3)(d)1.  These changes correspond to objections from the Committee to proposed Rule Chapter 59A-33, F.A.C.  All objections have been addressed and changes agreed by the Agency.  The proposed rule chapter was originally published on January 13, 2006 in Vol. 32, No. 2, Florida Administrative Weekly.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE CHANGES OR TO OBTAIN COPIES IS: Roger Bell, Unit Manager of the Health Care Clinic Unit, 2727 Mahan Drive, Mail Stop #53, Tallahassee, Florida 32308-5704, (850)488-1365, Suncom 278-1365, e-mail:  bellr@ahca.myflorida.com

    Committee Comment:  AHCA Form 3110-0013 June 05, Instructions for Completing the Application for Health Care Clinic Licensure, p. 5 of 18, subsection 8.2

    The first subparagraph of this subsection states, “Applicants must be fingerprinted within the past 5 years for Level 2 Screening (FBI and FDLE) under standards of Ch. 435, F.S., and 817.234, F.S., … .” The law implemented by the application rule and form, 400.991(7)(b), F.S., requires applicants to submit “[p]roof of compliance with the Level 2 Background Screening requirements of Chapter 435 which has been submitted within the previous 5 years in compliance with any other health care licensure requirements of the state is acceptable in fulfillment of this paragraph.”  (Emphasis supplied.)  By requiring fingerprinting of applicants within the past 5 years, this form appears impermissibly modifies the law implemented which merely requires the background screening requirements to have been submitted within the past 5 years.

    In addition, the form requires natural persons who own or control “more than a 10% interest in the clinic” to be fingerprinted.  Paragraph 400.991(7)(b), F.S., states, in part, “Applicants who own less than 10% of the health care clinic are not required to submit fingerprints under this section.”  By including only those natural persons who own or control more than 10% of the clinic, and by failing also to include those persons who own or control exactly 10% of the clinic, this form appears impermissibly to modify the law implemented.

    Finally, the third subparagraph of this subsection states that 400.991(7)(a), F.S., defines “applicant” as “individuals owning or controlling, directly or indirectly, 10% or more of an interest in a clinic; the medical or clinic director, the financial officer or similarly titled individual who is responsible for the financial operation of the clinic; and the licensed health care practitioners employed by or under contract with the clinic.”  The law implemented, 400.991(7)(a), F.S., defines “applicant” as: “Individuals owning or controlling, directly or indirectly, 5% or more of an interest in a clinic; the medical or clinic director, or a similarly titled person who is responsible for the day-to-day operation of the licensed clinic; the financial officer or similarly titled individual who is responsible for the financial operation of the clinic; and licensed health care practitioners at the clinic.”  (Emphasis supplied.)  The definition contained in this form omits persons owning or controlling between 5 and 10 percent interest in the clinic and omits the person who is responsible for the day-to-day operation of the licensed clinic from the definition of applicant, and therefore omits those persons from those having to provide proof of compliance with Level 2 Background Screening.  This form appears to have impermissibly modified the law implemented.

    The Agency agrees to make these provisions of the forms consistent with the committee’s comments.

    Committee Comment:  59A-33.012(4)This rule lists the sanctions which may be imposed for violations of Part XIII, Chapter 400, and these administrative rules as including: “The assessment of fines, suspension, moratorium, emergency order of suspension and revocation.” The law implemented by this rule, 400.995(1), F.S., states, “The agency may deny the application for a license renewal, revoke or suspend the license, and impose administrative fines of up to $5,000 per violation for violations of the requirements of this part or rules of the agency.” Please provide and explain the specific law implemented, as required by 120.536(1), F.S., authorizing the agency to impose a moratorium.

    The Agency agrees to add amended the rule authorization of proposed Rule 59A-33.012, to read:

    Specific Authority: s. 400.9925, F.S. Law Implemented: ss. 120.542, 120.60(6), 400.9905(5),400.9915(3),400.993(6), 400.9935(1)(a)-(g), 400.9935(3), 400.995(1), (6) and (8). New

    Section 400.993 (6) authorizes a moratorium, without defining what that means, under the following circumstances:

    (6) When a person has an interest in more than one clinic, and fails to obtain a license for any one of these clinics, the agency may revoke the license, impose a moratorium, or impose a fine pursuant to this part on any or all of the licensed clinics until such time as the unlicensed clinic is licensed or ceases operation.”

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