HB 731 (2020) amended section 383.327, F.S., to allow the timeframe for birth center annual reports to be prescribed by rule and to require that birth centers report each maternal death, newborn death, and stillbirth death ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-11.019Reports

PURPOSE AND EFFECT: HB 731 (2020) amended section 383.327, F.S., to allow the timeframe for birth center annual reports to be prescribed by rule and to require that birth centers report each maternal death, newborn death, and stillbirth death to the Agency. The Agency proposes to update Birth Center Annual Report, AHCA Form 3130-3004OL, to address the reporting requirement and add sunset language.

SUMMARY: The Agency proposes to update Birth Center Annual Report, AHCA Form 3130-3004OL, to address the reporting requirement 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: 383.309, FS.

LAW IMPLEMENTED: 383.327, F.S.

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

DATE AND TIME: January 27, 2022, from 2:00 pm to 3:00 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 preliminary text and hearing agenda 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: Jack Plagge at [phone] or email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-11.019 Reports.

(1) Each birth center shall submit a Birth Center Annual Report on AHCA Form 3130-3004OL, January 2022 February 2019, which is incorporated by reference. The form is only accepted electronically and is available at: https://apps.ahca.myflorida.com/SingleSignOnPortal/Login.aspx. A copy of the form can also be found at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. The report shall include a summary of client information for the period from July 1 of the previous year to June 30 of the current year. The report shall be due July 30th each year. Failure to submit this report so that it is timely received by the Agency will result in an administrative fine being imposed pursuant to Section 383.33, F.S.

(2) Each birth center shall report any client death immediately to the Agency by recording the information in the Birth Center Annual Report for the current reporting period.

(a) Report any maternal deaths by providing the date, location, cause of death, and confirm whether the death was reported to the medical examiner.

(b) Report the death of any newborn delivered at the birth center and died within seven days of life.  Do not report a newborn death if the client was transferred more than 48 hours before birth. Provide the date, birth weight, location, cause of death, and confirm whether the death was reported to the medical examiner.

(c) Report any stillborn/fetal death delivered at the birth center by providing the date, birth weight, time, cause of death, and confirm whether the death was reported to the medical examiner.

(d) If the Birth Center Annual Report system is offline, the required information must be reported to the Hospital and Outpatient Services Unit by phone at [phone] on the same day, or no later than the next business day if the time of death is after regular business hours.

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

Rulemaking Authority 383.309 FS. Law Implemented 383.327 FS. History–New 3-4-85, Formerly 10D-90.19, 10D-90.019, Amended 9-27-94, 2-12-96, 3-16-16, 6-13-19,                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jack Plagge

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/09/2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 3/24/2021