The Agency is proposing to amend Rule 59A-35.110, F.A.C., to incorporate a form for annual incident reporting for hospitals and ambulatory surgery centers.

 

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 amend Rule 59A-35.110, F.A.C., to incorporate a form for annual incident reporting for hospitals and ambulatory surgery centers.

SUMMARY: Rule 59A-35.110, F.A.C., integrates the new annual report form into the rule.

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.

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, 408.813, 408.819 FS.

LAW IMPLEMENTED: 408.806, 408.813, 408.810 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:

DATE AND TIME: October 11, 2019, 2:00 p.m.-3:00 p.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building #1, Conference Room 100, Tallahassee, FL 32308

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: Sean Massey at [phone] or 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: Sean Massey at [phone] or email at: [e-mail].

 

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 through the Agency’s Single Sign On Portal located at https://apps.ahca.myflorida.com/SingleSignOnPortal:

1. Nursing homes:

Adverse incident reports must be submitted electronically to the Agency within 15 calendar days after the occurrence of the incident as required in Section 400.147, F.S. on Nursing Home Adverse Incident, AHCA Form 3110-0010 OL, April 2017, which is hereby incorporated by reference and available availiable at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08777, 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.

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 calendar days after the occurrence of the incident as required in Section 429.23, F.S., on Assisted Living Facility Adverse Incident, AHCA Form 3180-1025 OL, April 2017, which is hereby incorporated by reference and available availiable at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08778, 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, April 2017, which is hereby incorporated by reference and available availiable at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08779, 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, April 2017, which is hereby incorporated by reference and available availiable at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08780, 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.

5. Hospitals and ambulatory surgical centers must submit annual reports pursuant to Section 395.0197 F.S., electronically to the Agency on Annual Report, AHCA Form 3140-5005 OL, May 2018, which is hereby incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and through the Agency’s Single Sign On  Portal located at: https://apps.ahca.myflorida.com/SingleSignOnPortal.

6. For the purposes of this rule chapter, a preliminary (1-Day) report is deemed late when submitted more than 1 business day starting from the day of the incident.  A full report (15- Day) is deemed late when submitted more than 15 calendar days starting from the day of the incident.  Assisted Living Facilities and Nursing Homes that submit reports deemed late may be fined up to $50 per day late not to exceed $500.

(b) through (c) No change.

Rulemaking Authority 408.806, 408.813, 408.819 F.S. Law Implemented 408.806, 408.813, 408.810, 395.0197 F.S. History–New 7-14-10, Amended 11-13-17, ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sean Massey at [phone] or email at: [e-mail].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mary C. Mayhew

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 15, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 8, 2018