The Agency proposes to amend Rule 59A-35.060, F.S., to move all licensure application forms into Rule Chapter 59A-35, as well as revise all licensure application attestation pages pursuant to 2023-33, LOF. In addition, ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.: RULE TITLE:

59A-35.060: Licensure Application Process.

PURPOSE AND EFFECT: The Agency proposes to amend Rule 59A-35.060, F.S., to move all licensure application forms into Rule Chapter 59A-35, as well as revise all licensure application attestation pages pursuant to 2023-33, LOF. In addition, licensure application forms for nursing homes, assisted living facilities, home health agencies, and homemaker/companion service providers are revised to include a direct care workforce survey in accordance with 408.822, F.S.

SUMMARY: The Agency proposes to amend Rule 59A-35.060, F.S., to move all licensure application forms into Rule Chapter 59A-35, as well as revise all licensure application attestation pages pursuant to 2023-33, LOF. In addition, licensure application forms for nursing homes, assisted living facilities, home health agencies, and homemaker/companion service providers are revised to include a direct care workforce survey in accordance with 408.822, F.S.

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: 112.0455, 383.305, 390.0111, 390.012, 394.877, 395.004, 395.1055, 400.23, 400.497, 400.509, 400.605, 400.801, 400.914, 400.935, 400.967, 400.980, 400.9925, 400.9982, 408.819, 408.822, 429.41, 429.67, 429.73, 429.929, 765.541, FS

LAW IMPLEMENTED: 112.0455, 383.305, 390.014, 390.015, 394.876, 394.877, 395.004, 395.0161, 400.062, 400.071, 400.464, 400.471, 400.506, 400.509, 400.606, 400.801, 400.905, 400.906, 400.931, 400.962, 400.980, 400.991, 400.9925, 400.9935, 400.9972, 408.805, 408.806, 408.809, 408.810, 408.811, 408.822, 429.07, 429.11, 429.17, 429.67, 429.909, 765.544, FS

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

DATE AND TIME: December 19, 2023, 10:00 am to 11:00 am

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Tallahassee, Florida, 32308, Building 3, Conference Room A. You may also participate by dialing the Open Voice conference line, 1(888)585-9008, then enter the conference room number followed by the pound sign, 998-518-088#. The agenda and related materials can 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: Jeremy Roberts, Bureau of Health Facility Regulation, 2727 Mahan Drive, 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: Jeremy Roberts at [phone] or email at: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-35.060 Licensure Application Process.

(1) Applicants The applicant must apply for licensure or exemption using the program specific forms incorporated listed below and the Health Care Licensing Application Addendum, AHCA Form 3110-1024, August 2023 October 2009, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-05363. All forms are incorporated by reference and available online at: https://ahca.myflorida.com/health-care-policy-and-oversight/hcpo-applications-for-licensure http://ahca.myflorida.com/HQAlicensureforms and online through the Agency’s Online Portal at: http://apps.ahca.myflorida.com/SingleSignOnPortal.  For online submissions, the information required on the Health Care Licensing Application Addendum is incorporated into the program specific online licensure application forms.

(2) Renewal applicants must apply online by submitting the online licensure application form, fees, and supporting documents electronically through the Agency’s Online Portal.  Hard copy application forms are not accepted for the purpose of licensure renewal.  Renewal applications submitted on hard copy forms will be returned to the applicant unprocessed.

(3) Application forms to be used for licensure.

(a) Abortion Clinic, as provided under Chapter 390, F.S.

1. Health Care Licensing Application Abortion Clinic, AHCA Form 3130-1000, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Abortion Clinic, AHCA Form 3130-1000OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(b) Adult Day Care Center, as provided under Chapter 429, Part III, F.S.

1. Health Care Licensing Application Adult Day Care Center, AHCA Form 3180-1004, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-0XXXXX; or 

2. Health Care Licensing Online Application Adult Day Care Center, AHCA Form 3180-1004OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(c) Adult Family-Care Home, as provided under Chapter 429, Part II, F.S.

1. Health Care Licensing Application Adult Family-Care Home, AHCA Form 3180-1022, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Adult Family-Care Home, AHCA Form 3180-1022OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(d) Ambulatory Surgical Center, as provided in 395 Part I, F.S.

1. Health Care Licensing Application Ambulatory Surgical Center, AHCA Form 3130-2001, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Ambulatory Surgical Center, AHCA Form 3130-2001OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(e) Assisted Living Facility, as provided in 429 Part I, F.S.

1. Health Care Licensing Application Assisted Living Facilities, AHCA Form 3110-1008, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Assisted Living Facilities, AHCA Form 3110-1008OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(f) Birth Center, as provided under Chapters 383.30 – 383.335, F.S.

1. Health Care Licensing Application Birth Center, AHCA Form 3130-3001, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Birth Center, AHCA Form 3130-3001OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(g) Crisis Stabilization Unit or Short-Term Residential Treatment Facility, as provided under Parts I and IV of Chapter 394, F.S.

1. Health Care Licensing Application Crisis Stabilization Unit or Short-Term Residential Treatment Facility, AHCA Form 3180-5003, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Crisis Stabilization Unit or Short-Term Residential Treatment Facility, AHCA Form 3180-5003OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(h) Forensic Toxicology Laboratory (also known as Drug Free Workplace Laboratory), as provided under Chapter 112, Part I and 440.102, F.S.

1. Health Care Licensing Application Forensic Toxicology Laboratory, AHCA Form 3170-5001, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX ; or

2. Health Care Licensing Online Application Forensic Toxicology Laboratory, AHCA Form 3170-5001OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(i) Health Care Clinic, as provided under Chapter 400, Part X, F.S.

1. Health Care Licensing Application Health Care Clinic, AHCA From 3110-0013, August 2023 incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Form Health Care Clinic, AHCA Form 3110-0013OL, August 2023 incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(j) Health Care Services Pool, as provided under Chapter 400, Part IX, F.S.

1. Health Care Licensing Application Health Care Services Pool, AHCA Form 3110-1010, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Health Care Services Pool, AHCA Form 3110-1010OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(k) Home Health Agency, as provided under Chapter 400 Part III, F.S.

1. Health Care Licensing Application Home Health Agencies, AHCA Form 3110-1011, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Home Health Agencies, AHCA Form 3110-1011OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(l) Home Medical Equipment Provider, as provided under Chapter 400, Part VII, F.S.

1. Health Care Licensing Application Home Medical Equipment Provider AHCA Form 3110-1005, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Home Medical Equipment Provider AHCA Form 3110-1005OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(m) Homemaker and Companion Services Provider, as provided under Chapter 400, Part III, F.S.

1. Health Care Licensing Application Homemaker and Companion Services Provider, AHCA Form 3110-1003, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Homemaker and Companion Services Provider, AHCA Form 3110-1003OL, August 2023, incorporated by reference incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(n) Hospice, as provided under Chapter 400, Part IV, F.S.

1. Health Care Licensing Application Hospice, AHCA Form 3110-4001, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Hospice, AHCA Form 3110-4001OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(o) Hospital, as provided under Chapter 395, Part I, F.S.

1. Health Care Licensing Application Hospitals, AHCA Form 3130-8001, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Hospitals AHCA Form 3130-8001OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(p) Intermediate Care Facilities for the Developmentally Disabled, as provided under Chapter 400, Part VIII and Chapter 393, F.S.

1. Health Care Licensing Application Intermediate Care Facilities for the Developmentally Disabled, AHCA Form 3110-5003, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Intermediate Care Facilities for the Developmentally Disabled, AHCA Form 3110-5003OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(q) Nurse Registry, as provided under 400.506, F.S.

1. Health Care Licensing Application Nurse Registry, AHCA Form 3110-7004, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Nurse Registry, AHCA Form 3110-7004OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(r) Nursing Home, as provided under Chapter 400, Part II, F.S.

1. Health Care Licensing Application Nursing Home, AHCA Form 3110-6001, August 2023 incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Nursing Home, AHCA Form 3110-6001OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(s) Organ Procurement Organization, Tissue Bank, or Eye Bank, as provided under Chapter 765, Part V, F.S.

1. Health Care Licensing Application Organ Procurement Organization, Tissue Bank, Eye Bank, AHCA Form 3140-2001, August 2023 incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Organ Procurement Organization, Tissue Bank, Eye Bank, AHCA Form 3140-2001OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(t) Prescribed Pediatric Extended Care Center, as provided under Chapter 400, Part VI, F.S.

1. Health Care Licensing Application Prescribed Pediatric Extended Care Centers, AHCA Form 3110-8002, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Prescribed Pediatric Extended Care Centers, AHCA Form 3110-8002OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(u) Residential Treatment Center for Children and Adolescents, as provided under Chapter 394, Part IV, F.S.

1. Health Care Licensing Application Residential Treatment Center for Children and Adolescents, AHCA Form 3180-5004, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Residential Treatment Center for Children and Adolescents, AHCA Form 3180-5004OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(v) Residential Treatment Facility, as provided under Chapter 394, Part IV, F.S.

1. Health Care Licensing Application Residential Treatment Facility, AHCA Form 3180-5005, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Residential Treatment Facility, AHCA Form 3180-5005OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(w) Transitional Living Facility, as provided under Chapter 400, Part XI

1. Health Care Licensing Application Transitional Living Facility, AHCA Form 3110-9001, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Health Care Licensing Online Application Transitional Living Facility, AHCA Form 3110-9001OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(4) Application forms to be used to apply for certificates of exemption from licensure.

(a) Health Care Clinic Exemption from Licensure, as provided under Chapter 400, Part X, F.S.

1. Application for Certificate of Exemption from Licensure as a Health Care Clinic, AHCA From 3110-0014, August 2023 incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Online Application for Certificate of Exemption from Licensure as a Health Care Clinic, AHCA Form 3110-0014OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(b) Home Health Agency Exemption from Licensure, as provided under Chapter 400 Part III, F.S.

1. Application for Certificate of Exemption from Licensure as a Home Health Agency, AHCA Form 3110-1009, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or

2. Online Application for Certificate of Exemption from Licensure as a Home Health Agency, AHCA Form 3110-1009OL, August 2023, incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

  (a) Drug Free Workplace Laboratories as provided under Sections 112.0455 and 440.102, F.S.; AHCA Form 3170-5001, Rev. July 2009.

(b) Crisis Stabilization Units, as provided under Parts I and IV of Chapter 394, F.S.; AHCA Form 3180-5003, Rev. July 2009.

(c) Short Term Residential Treatment Units, as provided under Parts I and IV of Chapter 394, F.S.; AHCA Form 3180-5003, Rev. July 2009.

(d) Residential Treatment Facilities, as provided under Chapter 394, Part IV, F.S.; AHCA Form 3180-5003, Rev. July 2009.

(e) Residential Treatment Centers for Children and Adolescents, as provided under Chapter 394, Part IV, F.S.; AHCA Form 3180-5004, Rev. July 2009.

(f) Health Care Risk Managers, as provided under Chapter 395, Part I, F.S.; AHCA Form RM-001, Rev. July 2009.

(g) Nursing Homes, as provided under Chapter 400, Part II, F.S.; AHCA Form 3110-6001, Rev. July 2009.

(h) Home Health Agencies, as provided under Chapter 400, Part III, F.S.; AHCA Form 3110-1011, Rev. July 2009.

(i) Nurse Registries, as provided under Chapter 400, Part III, F.S.; AHCA Form 3110-7004, Rev. July 2009.

(j) Companion Services or Homemaker Services, as provided under Chapter 400, Part III, F.S.; AHCA Form 3110-1003, Rev. July 2009.

(k) Hospices, as provided under Chapter 400, Part IV, F.S.; AHCA Form 3110-4001, Rev. July 2009.

(l) Home for Special Services as provided under Chapter 400, Part V, F.S.; AHCA Form 3110-3001, July 2014, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05202.

(m) Home Medical Equipment Providers, as provided under Chapter 400, Part VII, F.S.; AHCA Form 3110-1005, Rev. July 2009.

(n) Intermediate Care Facilities for the Developmentally Disabled, as provided under Chapter 400, Part VIII, F.S.; AHCA Form 3110-5003, Rev. July 2009.

(o) Assisted Living Facilities, as provided under Chapter 429, Part I, F.S.; AHCA Form 3110-1008, Rev. July 2009.

(p) Adult Family-Care Homes, as provided under Chapter 429, Part II, F.S.; AHCA Form 3180-1022, Rev. July 2009.

(q) Adult Day Care Centers, as provided under Chapter 429, Part III, F.S.; AHCA Form 3180-1004, Rev. July 2009.

(r) Clinical Laboratories, as provided under Chapter 483, Part I, F.S.; AHCA Form 3170-2004 (renewal), B (initial) or C (change of ownership), Rev. July 2009 or AHCA Form 3170-2004D, September 2009 (addition of specialty, or subspecialty or change in specialty).

(s) Organ and Tissue Procurement Agencies, as provided under Chapter 381, F.S.; AHCA Form 3140-2001, July 2009.

(5)(2) All required fees The licensure fee must be included with the any application. Applications will be returned to the applicant unprocessed if required fees are not submitted with the fee does not accompany the application. Applications from state agencies must include a copy of the posted journal transactions by State Wide Document Number (SWDN) within benefiting Operating Level Organization (OLO) and site.

(6)(3) Applications received more than 120 days prior to the date of license expiration or the effective date will be returned to the applicant unprocessed.

(7)(4) If an applicant, licensee, or controlling interest is required to register or file with the Florida Secretary of State, Division of Corporations, the principal, fictitious name and mailing addresses submitted with the licensure application for the applicant, licensee and controlling interests must be the same as the information registered with the Division of Corporations.

(8)(5) Unresponsive applicant. If certified mail sent to the provider’s address of record, or mailing address if applicable, is returned as unclaimed or undeliverable, the Agency will send a copy of the letter by regular mail to the provider’s address of record, or mailing address if applicable, with a copy to the applicant’s address if different from the provider. The applicant must respond to the request within 21 days of the date of the letter sent by regular mail. If a timely response is not received, the application will be subject to withdrawal or denial.

(9)(6) An application is considered complete upon receipt of:

(a) All required documents, and information and required fees appropriate fee;

(b) All required background screening results; and,

(c) Completion of a satisfactory inspection if required by authorizing statutes or rules. Satisfactory inspection means no regulatory violations exist, or all prior violations found have been determined by the Agency to be corrected.

(10)(7) A licensure inspection will not be authorized until sections (9)(a) and (b) of this rule paragraphs (6)(a) and (6)(b) of this section have been satisfied.

(11)(8) An application for license renewal may only be filed online by the licensee.

Rulemaking Authority 112.0455, 383.305, 390.0111, 390.012, 394.877, 395.004, 395.1055, 400.23, 400.497, 400.509, 400.605, 400.801, 400.914, 400.935, 400.967, 400.980, 400.9925, 400.9982, 408.819, 408.822, 429.41, 429.67, 429.73, 429.929, 765.541, FS. Law Implemented 112.0455, 383.305, 390.014, 390.015, 394.876, 394.877, 395.004, 395.0161, 400.062, 400.071, 400.464, 400.471, 400.506, 400.509, 400.606, 400.801, 400.905, 400.906, 400.931, 400.962, 400.980, 400.991, 400.9925, 400.9935, 400.9972, 400.801, 408.805, 408.806, 408.809, 408.810, 408.811, 408.822, 429.07, 429.11, 429.17, 429.67, 429.909, 765.544, FS. History–New 7-14-10, Amended 5-4-15,                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeremy Roberts

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jason Weida

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 11/1/2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 2/1/2023