The Agency proposes to amend Rule 59E-2.025, F.A.C., to strike language requiring specific fine penalties for failure to file a report and knowingly filing a false report, update rulemaking authority pursuant to JAPC comments ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Hospital and Nursing Home Reporting Systems and Other Provisions Relating to Hospitals

RULE NO.:RULE TITLE:

59E-2.025Guidelines for Calculation of Administrative Fines

PURPOSE AND EFFECT: The Agency proposes to amend Rule 59E-2.025, F.A.C., to strike language requiring specific fine penalties for failure to file a report and knowingly filing a false report, update rulemaking authority pursuant to JAPC comments and add sunset language.

SUMMARY: Rule 59E-2.025, F.A.C. specifies guidelines for calculation of administrative fines to provide consistency and predictability when imposing administrative fines. The Agency proposes to amend Rule 59E-2.025, F.A.C., to strike language requiring specific fine penalties for failure to file a report and knowingly filing a false report and to update rulemaking authority pursuant to JAPC comments.

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: 408.15, F.S.

LAW IMPLEMENTED: 408.08, F.S.

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

DATE AND TIME: Thursday, August 5, 2021, 2:00 pm to 3:00 pm

PLACE: No public face-to-face meeting. This workshop will be conducted via teleconference. Participate by dialing the Open Voice conference line, 1-888-585-9008, and then enter the conference room number followed by the pound sign, 476-211-242#.

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: Kimberly Stewart, Bureau of Health Facility Regulation, 2727 Mahan Drive, Tallahassee, Florida, [phone] or via email at [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: Mills Smith at [phone] or email at: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59E-2.025 Guidelines for Calculation of Administrative Fines.

(1) In order to provide consistency and predictability in the imposition of administrative fines, the Agency will follow these guidelines in imposing fines for the following offenses. However, prior to determination of the appropriate fine, the Agency may consider evidence in aggravation or mitigation of the offense which may justify departure from these guidelines.

(a) through (b) No change.

(c) Failure to file a report or document shall be punished by a fine of $25,000.

(d) Knowingly filing a false report or document shall be punished by a fine of $25,000.

(2) No change.

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

Rulemaking Authority 408.15, 408.08 FS. Law Implemented 408.08 FS. History–New 6-1-92, Formerly 10N-2.025. Amended_______ .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mills Smith

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 06/22/2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 08/15/2019