The Agency proposes to amend rule 59A-35.040, F.A.C., to remove Multiphasic Health Testing Centers pursuant the repeal of Chapter 483 Part I, F.S. Sunset language and language related to home health agency exemptions will ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-35.040License Required; Display

PURPOSE AND EFFECT: The Agency proposes to amend rule 59A-35.040, F.A.C., to remove Multiphasic Health Testing Centers pursuant the repeal of Chapter 483 Part I, F.S. Sunset language and language related to home health agency exemptions will also be added.

SUMMARY: The Agency proposes to amend rule 59A-35.040, F.A.C., to remove Multiphasic Health Testing Centers pursuant the repeal of Chapter 483 Part I, F.S. Sunset language and language related to home health agency exemptions will also be added

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: 408.819, F.S

LAW IMPLEMENTED: 408.804, 408.810, 408.813, F.S.

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

DATE AND TIME: Tuesday, August 17, 2021, from 2:00 pm – 3:30 pm

PLACE: No public face-to-face meeting. This hearing will be conducted via teleconference. Participate by dialing the Open Voice conference line, 1(888)585-9008, then enter the conference room number followed by the pound sign, 476-211-242#. The agenda and related materials can also 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: Kim Stewart, Bureau of Health Facility Regulation, 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: Kim Stewart, [phone], email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-35.040 License Required; Display.

(1) No change.

(2) Any request to amend a license must be received by the Agency in advance of the requested effective date as detailed below. Requests to amend a license are not authorized until the license is issued.

(a) No change.

(b) Requests to change the address of record must be received by the Agency 21 to 120 days in advance of the requested effective date for the following provider types:

1. Drug Free Workplace Laboratories as provided under Sections 112.0455 and 440.102, F.S.,

2. Mobile Surgical Facilities, as provided under Chapter 395, Part I, F.S.,

3. Home Health Agencies, as provided under Chapter 400, Part III, F.S., including certificate of exemption,

4. Nurse Registries, as provided under Chapter 400, Part III, F.S.,

5. Companion Services or Homemaker Services Providers, as provided under Chapter 400, Part III, F.S.,

6. Home Medical Equipment Providers, as provided under Chapter 400, Part VII, F.S.,

7. Health Care Services Pools, as provided under Chapter 400, Part IX, F.S.,

8. Health Care Clinics, as provided under Chapter 400, Part X, F.S., including certificate of exemption,

9. Multiphasic Health Testing Centers, as provided under Chapter 483, Part II, F.S.; and,

910. Organ and Tissue Procurement Agencies, as provided under Chapter 381, F.S.

(c) No change.

(3) through (4) no change.

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

Rulemaking Authority 408.819 FS. Law Implemented 408.804, 408.810, 408.813 FS. History–New 7-14-10, Amended 1-15-20,.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kim Stewart

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 07/09/2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 03/24/2021