HB 731, 2020-156, L.O.F., amended section 408.811, F.S., to allow the Agency to exempt low-risk providers as defined in section 408.803(10) from licensure inspections. The Agency proposes to revise Rule 59A-35.120, F.A.C., ....

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-35.120Inspections

PURPOSE AND EFFECT: HB 731, 2020-156, L.O.F., amended section 408.811, F.S., to allow the Agency to exempt low-risk providers as defined in section 408.803(10) from licensure inspections. The Agency proposes to revise Rule 59A-35.120, F.A.C., to implement those changes.

SUMMARY: Pursuant to HB 731, 2020-156, L.O.F., which amended section 408.811, F.S., the Agency proposes to revise Rule 59A-35.120, F.A.C. to include specific criteria for exempting low-risk providers as defined in section 408.803(10) from licensure inspections.

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: 408.819, 408.811, FS.

LAW IMPLEMENTED: 408.811, 408.806, FS.

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

DATE AND TIME: Tuesday, March 16, 2021, 2:00 p.m.to 3:00 p.m.

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 can also 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, MS 28A, Tallahassee, Florida, 32308 at [phone] or by email at [e-mail].. 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 by email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-35.120 Inspections

(1) through (3) No change.

(4) Providers may be exempt from routine Agency licensure inspections as a ‘low-risk provider’ defined in section 408.803(10), F.S., if they meet the following criteria during the prior 30 months:

(a) Applicants for initial, renewal, change of ownership, or other license that do not share any common controlling interests with a provider that had a Class I, a Class II, or 3 or more uncorrected Class III deficiencies, license denial or revocation issued by the Agency, or an emergency action issued by the Agency pursuant to Section 120.60, F.S., including moratoria, license restriction, or suspension.

(b) Renewal applicants may be exempt from a biennial inspection if they have no:

1. Class I, Class II, or 3 or more uncorrected Class III deficiencies,

2. Substantiated complaints resulting in a Class I, a Class II, or 3 or more uncorrected Class III deficiencies.

3. Emergency actions issued by the Agency pursuant to Section 120.60, F.S., including moratoria, license restriction, or suspension.

4. Renewal applicants cannot be exempt from two consecutive biennial licensure inspections.

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

Rulemaking Authority 408.819, 408.811, FS. Law Implemented 408.811, 408.806, FS. History–New 7-14-10, Amended_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeremy Roberts

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun L. Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 02/04/2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 11/03/2020