AGENCY FOR HEALTH CARE ADMINISTRATION
Health Facility and Agency Licensing
RULE NOS.:RULE TITLES:
59A-3.066Licensure Procedure
59A-3.255Emergency Care
59A-3.300Licensure Procedure
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. 39, No. 250, December 30, 2013 issue of the Florida Administrative Register.
The following sections of the proposed rule should be changed to read:
59A-3.066 Licensure Procedure.
(1) No change.
(2) All persons requesting licensure for the operation of a hospital under the provisions of Chapter 395, F.S., shall make application to the Agency on Health Care Licensing Application, Hospitals, AHCA Form 3130-8001, July 2014 September 2013, which is incorporated by reference, and shall receive a standard or provisional license prior to the acceptance of patients for care or treatment. The form is available at: http//www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX and available from the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 31, Tallahassee, Florida 32308, or at the web address at: http://ahca.myflorida.com/HQAlicensureforms.shtml.
(2)(a) through (13) No change.
59A-3.255 Emergency Care.
(1) through (6)(g)4.q. No change.
(7) Each hospital offering emergency services and care shall have the capability to communicate via two-way radio with licensed EMS providers, as required by Section 395.1031, Florida Statutes and their primary communications centers. The two-way radio communications system must meet the following provisions:
(a) Conform to the State EMS Communications Plan applicable to emergency room or department communications; and
(b) Any new communications system or an expansion of an existing communication system shall be approved by the Department of Management Services, Division of Communications, prior to purchasing.
59A-3.300 Licensure Procedure for Intensive Residential Treatment Facilities.
Facilities desiring licensure under this rule shall follow the procedure as described in Rule 59A-3.066, F.A.C., and shall comply with the provisions of Rules 59A-3.110 and 59A-3.301 through 59A-3.303 59A-3.312, F.A.C., which establishes the minimum standards for licensure as a Class IV specialty hospital. These rules emphasize the programmatic requirements designed to meet the needs of the patient in a safe therapeutic environment and are intended to be used in licensing intensive residential treatment facilities for children and adolescents as specialty hospitals pursuant to Section 395.002(15), F.S. Unless otherwise specified, Rules 59A-3.110 and 59A-3.301 through 59A-3.303 59A-3.312, F.A.C., supersede the requirements of Rules 59A-3.2085, 59A-3.254, 59A-3.255, and 59A-3.278, F.A.C., for the purpose of licensing intensive treatment facilities for children and adolescents as specialty hospitals.
The following changes have been made to the Application Checklist on the Health Care Licensing Application, Hospitals, AHCA Form 3130-8001, Revised September 2013:
Pg. 1-4, Footer:
The form revision date was updated to change 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, Hospitals, AHCA Form 3130-8001, September 2013:
Pg. 1-11, Footer:
The form revision date was updated to change the revision date from “September 2013” to “July 2014”.
On Pg. 1
The Agency logo has been updated.
On Pg. 2, Section 2. Application Fees:
The action item “License Fee” has been revised to remove the following language: “License Fee Exemption (State owned pursuant to subsection 59A-3.066(3), F.A.C.)= $0.00”
The action item “Late fee, if applicable” and the fee description, “Contact Licensure unit for details” have been removed from the fee table.
The following language has been added to the Biennial Assessment action item: “Pursuant to Section 408.033(2)(b)3., F.S., hospitals operated by the Department of Children and Family Services, the Department of Health, the Department of Corrections or any hospital that meets the definition of a rural hospital pursuant to Section 395.602, F.S., are exempted from the health care facility assessment.”
On Pg. 10, Section 14. 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.
