Registration and Change in Registration Information, Penalties and Enforcement Procedures, Procedures and Records
AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing
RULE NOS.:RULE TITLES:
59A-27.002Registration and Change in Registration Information
59A-27.004Penalties and Enforcement Procedures
59A-27.006Procedures and Records
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40, No. 63, April 1, 2014 issue of the Florida Administrative Register.
The following sections of the proposed rule should be changed to read:
59A-27.002 Registration and Change in Registration Information.
(1) All health care services pools must register with the AHCA using the Health Care Licensing Application, Health Care Services Pool form, AHCA form 3110-1010, July 2014 Revised September 2013, Health Care Licensing Application Health Care Services Pool, https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 04011, incorporated herein by reference, before providing health care personnel as temporary employees to any health care facility. The applicant must also submit the Health Care Licensing Application Addendum required in subsection 59A-35.060(1), F.A.C. The application form and addendum can be obtained at http://www.ahca.myflorida.com/HQAlicensureforms. The application form and addendum must be submitted with the registration fee of $616. Applications are reviewed in accordance with the process set forth in Section 408.806, F.S.
Old (1)(a) through new (1)(a) No change.
(b)(c) Screening for the managing employee administrator and the financial officer shall be in accordance with level 2 standards for screening set forth in Section 408.809 400.980(4), F.S. and Rule 59A-35.090, F.A.C. The fingerprint card for level 2 screening for the administrator and the financial officer can be obtained from, and must be submitted to, the Agency for Health Care Administration, Home Care Unit –Mail Stop 34, 2727 Mahan Drive, Tallahassee, Florida 32308. Screening processing fees for level 2 screening shall be made payable to the Agency for Health Care Administration.
(2) through (4) No change.
59A-27.004 Penalties and Enforcement Procedures.
(1) through (4) No changes.
(5)(6) In determining whether to revoke or suspend a registration or to impose a fine, or in determining the amount of any such fine, AHCA the department shall consider the following information:
(6)(5)(a) through (6)(5)(e) No change.
59A-27.006 Procedures and Records.
(1) Each health care services pool shall, to the extent applicable, maintain the following business records and shall make these records available for inspection by the department upon request:
(1)(a) through (3) No change.
Rulemaking Authority 400.980, 408.809, 408.819 FS. Law Implemented 400.980, 408.809 408.819 FS. History–New 8-2-90, Formerly 7G-1.017, Amended 10-17-94, Formerly 61E6-1.017, 64B22-1.006, Amended 6-27-02,__________.
The following changes have been made to the Health Care Licensing Application, Health Care Services Pool, AHCA Form 3110-1010:
The Application Checklist at the beginning of the form has these changes:
Pg. 1-2, Footer:
The form revision date was updated to remove the word “Revised” from the revision date and to update the revision date from “September 2013” to “July 2014”.
The website where the form is made available was updated to read “http://ahca.myflorida.com/HQAlicensureforms”.
On Pg. 1
The Agency logo has been updated.
The website where the form is made available was updated to read “http://ahca.myflorida.com/HQAlicensureforms”.
The following changes have been made to the Health Care Licensing Application, Health Care Services Pool, AHCA Form 3110-1010:
Pg. 1-6, Footer:
The form revision date was updated to remove the word “Revised” from the revision date and to update the revision date from “September 2013” to “July 2014”.
The website where the form is made available was updated to read “http://ahca.myflorida.com/HQAlicensureforms”.
On Pg. 1
The Agency logo has been updated.
On Pg. 6, Section 11. Affidavit
The section title has been changed from “Affidavit” to “Attestation”.
The statements in this section have been replaced with the following:
I, _______________________, under penalty of perjury, attest as follows:
(1) Pursuant to Section 837.06, Florida Statutes, I have not knowingly made a false statement with the intent to mislead the Agency in the performance of its official duty.
(2) Pursuant to Section 408.815, Florida Statutes, I acknowledge that false representation of a material fact in the license application or omission of any material fact from the license application by a controlling interest may be used by the Agency for denying and revoking a license or change of ownership application.
(3) Pursuant to Section 408.806, Florida Statutes, the applicant is in compliance with the provisions of Section 408.806 and Chapter 435, Florida Statutes.
(4) Pursuant to Sections 408.809 and 435.05, Florida Statutes, every employee of the applicant required to be screened has attested, subject to penalty of perjury, to meeting the requirements for qualifying for employment pursuant to Chapter 408, Part II, and Chapter 435, Florida Statutes, and has agreed to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer.
(5) Pursuant to Section 435.05, Florida Statutes, the applicant has conducted a level 2 background screening through the Agency on every employee required to be screened under Chapter 408, Part II, or Chapter 435, Florida Statutes, as a condition of employment and continued employment and that every such employee has satisfied the level 2 background screening standards or obtained an exemption from disqualification from employment.
