The Agency is proposing to establish a standardized form and provide electronic access for submission of information required for the reporting of adverse incidents.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-35.110Reporting Requirements; Electronic Submission

PURPOSE AND EFFECT: The Agency is proposing to establish a standardized form and provide electronic access for submission of information required for the reporting of adverse incidents.

SUMMARY: The rule incorporates a form for the electronic submission of adverse incidents to the Agency

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.

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: 408.806, FS.

LAW IMPLEMENTED: 408.806, 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: August 18, 2017, 3:00 p.m. – 4:00 p.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Ft. Knox Bldg. 3, Conference Room B, Tallahassee, FL 32308

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sean Massey, Florida Center for Health Information and Policy Analysis, 2727 Mahan Drive, Tallahassee, Florida, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-35.110 Reporting Requirements; Electronic Submission.

(1) No change.

(2) Electronic submission of information:.

(a) The following required information must be submitted electronically reported through the Agency’s Single Sign On Portal located Internet site at https://apps.ahca.myflorida.com/SingleSignOnPortal:

http://www.ahca.myflorida.com/reporting/index.shtml:

1. Nursing Homes:

a. Semi-annual staffing ratios required pursuant to Section 400.141(1)(o), F.S. and Rule 59A-4.103, F.A.C. 

       b. Adverse incident reports must be submitted electronically to the Agency within 15 calendar days after the occurrence of the incident as required in pursuant to Sections 400.147(7) and (8), F.S. and Rule 59A-4.123, F.A.C., on Nursing Home Adverse Incident, AHCA Form 3110-0010 OL, June 2017, which is hereby incorporated by reference and availiable at: https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and through the Agency’s  adverse incident reporting system which can only be accessed through the Agency’s Single Sign On Portal located at:  https://apps.ahca.myflorida.com/SingleSignOnPortal.

c. Liability claim reports required pursuant to Section 400.147(10), F.S. and Rule 59A-4.123, F.A.C.

2. Assisted Living Facilities:

a. Adverse incident reports must be submitted electronically to the Agency within 1 business day after the occurrence of the incident, and within 15 days after the occurrence of the incident as required in pursuant to Sections 429.23(3) and (4), F.S. and Rule 58A-5.0241, F.A.C., on Assisted Living Facility Adverse Incident, AHCA Form 3180-1025 OL, June 2017, which is hereby incorporated by reference and availiable at: https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and through the Agency’s  adverse incident reporting system which can only be accessed through the Agency’s Single Sign On Portal located at:  https://apps.ahca.myflorida.com/SingleSignOnPortal.

b. Liability claim reports required pursuant to Section 429.23(5), F.S. and Rule 58A-5.0242, F.A.C.

3. Hospitals:

Adverse incident reports must be submitted electronically to the Agency within 15 calendar days after the occurrence of the incident as required in Section 395.0197, F.S., on Hospital Adverse Incident, AHCA Form 3140-5001 OL, June 2017, which is hereby incorporated by reference and availiable at: https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and through the Agency’s  adverse incident reporting system which can only be accessed through the Agency’s Single Sign On Portal located at:  https://apps.ahca.myflorida.com/SingleSignOnPortal.

4. Ambulatory Surgical Centers:

Adverse incident reports must be submitted electronically to the Agency within 15 calendar days after the occurrence of the incident as required in Section 395.0197, F.S., on Ambulatory Surgical Center Adverse Incident, AHCA Form 3140-5004 OL, June 2017, which is hereby incorporated by reference and availiable at: https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and through the Agency’s  adverse incident reporting system which can only be accessed through the Agency’s Single Sign On Portal located at:  https://apps.ahca.myflorida.com/SingleSignOnPortal.

(b) The licensee must retain a copy of all documentation generated at time of reporting as confirmation of successful electronic submission the receipt issued from the Internet site indicating that their transaction was accepted  . 

(c) If the Agency’s Single Sign On Portal or the online adverse incident reporting system is Internet site is temporarily out of service the licensee may contact the Agency directly at 1-888-419-3456 for assistance.  Reporting will resume as soon as online access is restored. , the required reports may be submitted by mail or facsimile as follows:

1. Semi-annual staffing ratios and liability claim reports are sent to the Agency for Health Care Administration, Central Systems Management Unit, 2727 Mahan Drive, MS #47, Tallahassee, FL 32308 or facsimile to [phone].

2. Adverse incident reports are sent to the Agency for Health Care Administration, Florida Center for Health Information and Policy Analysis, 2727 Mahan Drive, MS #16, Tallahassee, FL 32308 or facsimile to [phone].

Rulemaking Authority 408.806(8), 408.819 FS. Law Implemented 408.806, 408.810 FS. History–New 7-14-10, Amended ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sean Massey, Florida Center for Health Information and Policy Analysis, 2727 Mahan Drive, Tallahassee, Florida, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Justin M. Senior, Secretary, Agency for Health Care Administration

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 17, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 09/15/2015