SB1344 (2020 session) amended section 400.962, F.S., with new language related to certificate of need exemptions. The Agency proposes to update incorporated license application forms with requirements for applicants with ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-26.002Licensure Procedure, Fees and Exemptions

PURPOSE AND EFFECT: SB1344 (2020 session) amended section 400.962, F.S., with new language related to certificate of need exemptions. The Agency proposes to update incorporated license application forms with requirements for applicants with a certificate of need exemption, remove obsolete language and add sunset language.

SUMMARY: The Agency proposes to update incorporated license application forms with requirements for applicants with a certificate of need exemption, remove obsolete language and add sunset language.

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: 400.967, 408.819, F.S.

LAW IMPLEMENTED: 400.962, 400.965, 400.967, 408.804, 408.805, 408.806, 408.807, 408.809, 408.810, 408.811, F.S.

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

DATE AND TIME: December 9, 2021, from 1:30 pm to 2:30 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 will be posted prior to the workshop 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: Jacqueline Williams, Bureau of Health Facility Regulation, 2727 Mahan Drive, Mail Stop 33, 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: Jacqueline Williams, [phone], email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-26.002 Licensure Procedure, Fees and Exemptions.

(1) Application for licensure A completed licensure application to operate an Intermediate Care Facility for the Developmentally Disabled (ICF/DD), must be submitted on the Health Care Licensing Application, Intermediate Care Facilities for the Developmentally Disabled, AHCA Form 3110-5003, April 2021 July 2014 which is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX and must be accompanied by the Health Care Licensing Application Addendum referenced in subsection 59A-35.060(1), F.A.C. the Health Care Licensing Application Addendum, AHCA Form 3110-1024, Rev August 2010, which is incorporated by reference in subsection 59A-35.060(1), F.A.C., must be made to and license received from the Agency before any person or entity may operate an ICF/DD. Applicants for renewal of an ICF/DD license or for a change during the licensure period can submit the Health Care Licensing Online Application, Intermediate Care Facilities for the Developmentally Disabled, AHCA Form 3110-5003OL, April 2021, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.  These forms are available on the Agency web site at: http://ahca.myflorida.com/HQAlicensureforms or, for online submissions, at http://apps.ahca.myflorida.com/SingleSignOnPortal Successful completion of a licensure survey by the Agency to determine compliance with the requirements of Chapter 400 Part VIII, Chapter 408, Part II, F.S., and this rule must occur prior to issuing a license.

(a) Successful completion of a licensure survey by the Agency to determine compliance with the requirements of Chapter 400 Part VIII, Chapter 408, Part II, F.S., Chapter 59A-35, F.A.C., and this rule chapter must occur prior to issuing a license.

(b) A license will not be issued until the application fee has been received by the Agency and all monies owed to the Agency have been paid as specified in Section 408.831(1), F.S.

(2) Applicants for initial licensure must submit to the Agency:

(a) An approved plan review and on-site construction survey conducted by the Agency showing compliance with Chapter 400, Part VIII, F.S. and this rule chapter rule, and a certificate of occupancy from the local building authority;

(b) A completed licensure application using the forms referenced in subsection (1) of this rule;

(c) Licensure fees at the rate of $262.88 per bed. A license for an initial application will not be issued until the application fee has been received by the Agency and all monies owed to the Agency have been paid as specified in Section 408.831(1), F.S.;

(c)(d) If the facility is managed by an entity other than the licensee, a copy of any and all letters of intent, agreements, memoranda of understanding, or contracts between licensee and management company;

(d)(e) An approved fire inspection report from the local fire authority completed no more than three months prior to the date of receipt by the Agency of the initial licensure application;

(e)(f) Documentation of compliance with the community residential home requirements as required by Chapter 419, F.S., if applicable;

(f)(g) Satisfactory current proof that the applicant possesses the financial ability to operate the facility as required by Section 408.810, F.S;

(g)(h) A copy of the Certificate of Need issued by the Agency for the facility to be licensed; and,

(h)(i) Proof of the licensee’s current right to occupy the ICF/DD building, such as, a copy of a lease, sublease agreement or deed.

(3) Applicants applying for renewal of a license must submit a completed licensure application using the forms referenced in subsection (1) of this rule.:

(a) A completed licensure application; and,

(b) Licensure fees at the rate of $262.88 per bed by check or money order payable to the Agency for Health Care Administration.

(4) Applicants applying for a change of ownership must submit:

(a) A completed An application for licensure using the forms referenced in subsection (1) of this rule; and,

(b) All documents and fees required for initial licensure in subsection (1) of this rule, with the exception of paragraphs (2)(a), (d), (e), and (g) (e),(f), and (h).

(5) In addition to the provisions of Chapter 400, Part VIII, Chapter 408, Part II, Chapter 409, F.S. and Rule Chapter 59G-4, F.A.C., a license may be suspended, revoked or denied in any case where the Agency finds that there has been failure to comply with certification or re-certification requirements as a Medicaid provider.

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

Rulemaking Authority 400.967, 408.819 FS. Law Implemented 400.962, 400.965, 400.967, 408.804, 408.805, 408.806, 408.807, 408.809, 408.810, 408.811, FS. History–New 12-21-15, Amended                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jacqueline Williams

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 11/08/2021

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