The Agency proposes to revise rule 59A-8.007 pursuant to SB 622 (2018), which amended s. 400.471, F.S., to require Home Health Agency applicants for both change of ownership and addition of skilled services to designate ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-8.007Geographic Service Area

PURPOSE AND EFFECT: The Agency proposes to revise rule 59A-8.007 pursuant to SB 622 (2018), which amended s. 400.471, F.S., to require Home Health Agency applicants for both change of ownership and addition of skilled services to designate a geographic service area on their application.

SUMMARY: Rule 59A-8.007 outlines requirements governing home health agency geographic service areas (counties) such as review of survey history and administrative actions (i.e. fines, suspensions, etc.) before the provider is permitted to service additional counties. The Agency proposes to revise rule 59A-8.007 pursuant to SB 622 (2018), which amended s. 400.471, F.S., to require Home Health Agency applicants for both change of ownership and addition of skilled services to designate a geographic service area on their application.

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: 400.497 FS.

LAW IMPLEMENTED: 400.497 FS.

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

DATE AND TIME: October 22, 2020, 3:00 p.m. to 4:00 p.m.

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: Ruby Grantham at [phone] and be 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: Ruby Grantham, Laboratory and In-Home Services Unit, Bureau of Health Facility Regulation, [e-mail] or [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-8.007 Geographic Service Area.

(1) An applicant for initial licensure, change of ownership, or the addition of skilled care services All home health agencies must apply for one or more counties within a geographic service area in which the main office is located on the Health Care Licensing Application, Home Health Agency, AHCA Form 3110-1011, April 2019, incorporated by reference in Rule 59A-8.003(1) their initial license application, pursuant to Sections 408.032(5) and 400.497(9), F.S.

(2) through (3) No change.

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

Rulemaking Authority 400.497 FS. Law Implemented 400.497 FS. History–New 10-27-94, Amended 1-17-00, 7-18-01, 6-16-15, 7-27-16,                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ruby Grantham

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 16, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/21/2019