The purpose of the proposed rule amendment is to revise licensure periods and application fees for prescribed pediatric extended care centers.

Notice of Proposed Rule

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-13.004License Procedure

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise licensure periods and application fees for prescribed pediatric extended care centers.

SUMMARY: The Agency proposes to amend Rule 59A-13.004, F.A.C., to include revisions to conform the rule to requirements of the streamlined and consistent set of basic licensing requirements in Chapter 408, Part II. Other revisions are made to correct technical errors and update references.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will 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 been prepared by the agency.

Statement of estimated regulatory costs has been prepared for proposed amendments to Rule 59A-13.004, F.A.C. and is available from the person to be contacted regarding this rule listed below. The following is a summary of the SERC:

For proposed paragraph 59A-13.004(2)(a), F.A.C., license fees are increased by the Consumer Price Index pursuant to Section 408.805(2), F.S. The biennial license fee will increase by $212.35. Based on the number of currently licensed facilities and projected growth, the total regulatory impact for a 5 year period is $25,906.70.

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 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: 400.905, 400.914, 408.819 FS.

LAW IMPLEMENTED: 400.905, 400.914, 408.805 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: January 30, 2014, 10:00 a.m. – 11:00 a.m.

PLACE: Agency for Health Care Administration, Fort Knox Building 3, Conference Room B, 2727 Mahan Drive, Tallahassee, FL 32308-5407

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jacqueline Williams, Division of Health Quality Assurance, 2727 Mahan Drive, MS#33, Tallahassee, Florida 32308, Phone: [phone], Email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-13.004 License Procedure.

(1) Except as provided in Sections 400.903 and 400.905, F.S., no person, firm, association, partnership, or corporation shall either directly or indirectly operate a PPEC center in this state without first applying for and receiving a license from the Agency.

(2) Application for a license to operate a PPEC center must be made on AHCA Form 3110-8002, September 2013 July 2005, “Licensure Application: Prescribed Pediatric Extended Care Center,” hereby incorporated by reference, which must be submitted by the owner or administrator to the Agency. This form is available from the Agency for Health Care Administration, 2727 Mahan Drive, MS-33, Tallahassee, Florida 32308, or at the web address at: http://ahca.myflorida.com/MCHQ/Corebill/index.shmtl http://ahca.myflorida.com/ MCHQ/Long_Term_Care/LTC/index.shtml. In addition to a completed application, applicants for initial, renewal and change of ownership must submit the following:

(a) Biennial lLicensure fees in the amount of $1,512.35 650.00 payable to the Agency for Health Care Administration. A license for an initial or change of ownership application will not be issued until the application fee has been received by the Agency and all associated checks have cleared. If a check for the renewal licensure fee is dishonored and returned to the Agency, the license holder will have ten (10) calendar days to pay the full amount plus any applicable fees as provided by law. Such payment must be made by cash, cashier’s check, or money order. Failure to pay the licensure and processing fee may will result in suspension of the license until all fees are paid in full.

(b) Documentation of compliance with subsection 59A-13.022(1), F.A.C., regarding fire safety conducted within the previous three months.

(3) Separate licenses are required for buildings located on separate premises.

(4) Licensees must not operate a PPEC center with a census greater than the number of children indicated on the face of the license.

(5) Licenses issued for the operation of a PPEC center are limited as provided in Section 400.905, F.S., and unless revoked, will expire two one years from the date of issuance.

(6) No other licensed or certified health care or business entity may be located within a PPEC center.

(7) Whenever the licensee of a PPEC center seeks to increase the licensed capacity, the licensee must submit an application to the Agency 60 days prior to the requested effective date date of the change. Upon successful completion of a health and life safety survey, the license will be modified accordingly.

Rulemaking Specific Authority 400.905, 400.914(1), 408.819 FS. Law Implemented 400.905, 400.914, 408.805 FS. History–New 3-8-89, Formerly 10D-102.004, Amended 2-27-94, 5-24-98, 6-22-06,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jacqueline M. Williams

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 19, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 7, 3013