The Agency is proposing to amend this rule to remove the word “annual” in relation to surveys of Ambulatory Surgical Centers to allow greater flexibility for inspections. In addition a technical change will be made to a statute number under ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.: RULE TITLE:

59A-5.004: Validation, Licensure, & Life Safety Inspections and Complaint Investigations

PURPOSE AND EFFECT: The Agency is proposing to amend this rule to remove the word “annual” in relation to surveys of Ambulatory Surgical Centers to allow greater flexibility for inspections. In addition a technical change will be made to a statute number under Rulemaking Authority.

SUMMARY: Surveys and inspections conducted by the Agency.

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.

For rules listed where no SERC was prepared, the Agency prepared a checklist for each rule to determine the necessity for a SERC.

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: 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: 395.1055, 395.0161, 408.819 FS.

LAW IMPLEMENTED: 395.003, 395.0161, 395.1065, 408.811 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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Tuesday, January 10, 2017, 12:30 pm - 1:00 pm

PLACE: Agency for Health Care Administration, Conference Room D, 2727 Mahan Drive, Building #3, 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: Jessica Munn, Hospital & Outpatient Services Unit, 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: Jessica Munn, Hospital & Outpatient Services Unit, Bureau of Health Facility regulation, [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-5.004 Validation, Licensure, & Life Safety Inspections and Complaint Investigations.

(1) No change.

(2) Non-accredited ambulatory surgical centers. Centers which are not accredited by an accrediting organization shall be subject to a scheduled annual licensure inspection. The fee for conducting a licensure inspection shall be $400.00.

(3) Accredited ambulatory surgical centers. The Agency shall accept the report of an accrediting organization in lieu of a an annual licensure inspection for accredited centers and for centers seeking accreditation, provided that the standards used by the accrediting organization are determined by the Agency to incorporate comparable state licensure requirements, found in Chapters 395 and 408, F.S. and Chapters 59A-5 and 59A-35, F.A.C., and the center does not meet the criteria specified under subparagraphs (c)1. and 2.

(a) through (b) No change.

(c) Accredited centers shall be subject to a an annual licensure inspection under the following circumstances:

1. through 2. No change.

(d) The fee for a an annual licensure inspection shall be $400.00 for any accredited center subject to inspection pursuant to paragraph (c).

(4) through (6) No change.

(7) Conformance with accreditation standards. In all centers where the Agency does not conduct a an annual licensure inspection, by reason of the center’s accreditation status, the center shall continue to conform to the standards of accreditation throughout the term of accreditation, or shall notify the Agency of the areas of non-conformance. Where the Agency is notified of non-conformance, it shall take appropriate action as specified under subsection (3).

(8) No change

Rulemaking Authority 395.1055, 395.0161, 408.819 FS. Law Implemented 395.003, 395.0161, 395.1065, 408.811 FS. History–New 6-14-78, Formerly 10D-30.04, 10D-30.004, Amended 11-13-95, 9-17-14, _____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica Munn

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Justin M. Senior

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/07/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 07/14/2016