The Agency is proposing to update the rule pursuant to amendments during the 2012 legislative session to 408.033, F.S., to amend the procedures in which the health care facility fee is collected.

 

AGENCY FOR HEALTH CARE ADMINISTRATION
Certificate of Need

RULE NO.: RULE TITLE:
59C-1.022: Health Care Facilities Fee Assessments and Fee Collection Procedures
PURPOSE AND EFFECT: The Agency is proposing to update the rule pursuant to amendments during the 2012 legislative session to 408.033, F.S., to amend the procedures in which the health care facility fee is collected.
SUMMARY: The Agency is proposing to update the rule pursuant to amendments during the 2012 legislative session to 408.033, F.S., amending the procedures to collect the health care facility fee. The new procedure follows the intent of the Legislature and is a more efficient system of collection—on a biennial basis at the time of license renewal/license issuance to streamline the process for both the facility and 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.
Based on the fact that the updates to the proposed rule make the process more efficient and streamlined for facilities, the Agency has determined that no SERC is required.
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 the fact that the updates to the proposed rule make the process more efficient and streamlined for facilities, the Agency has determined that no SERC is required, the Agency has determined that no legislative ratification pursuant to subsection 120.541 (3), F.S. is required.
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: 408.033(2), 408.034(6) and 408.15(8) F.S.
LAW IMPLEMENTED: 215.34(2) and 408.033(2)
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 17, 2013 at 11:30 am
PLACE: Agency for Health Care Administration
Conference Room C
2727 Mahan Drive, Building 3
Tallahasse, Florida 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 1 days before the workshop/meeting by contacting: Marisol Fitch
[e-mail]
[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: Marisol Fitch
[e-mail]
[phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

59C-1.022 Health Care Facilities Fee Assessments and Fee Collection Procedures.

(1) Health Care Facilities Subject to Assessment. In accordance with Section 408.033(2), F.S., the following health care facilities and health care service providers, licensed or certified by the Agency for Health Care Administration, shall be assessed an annual fee to be collected prospectively by the agency within the time frames specified in subsection (4):

(a) Abortion clinics licensed under Chapter 390, F.S.

(b) Assisted living facilities licensed under Part I III, Chapter 429 400, F.S.

(c) Ambulatory surgical centers licensed under Part I, Chapter 395, F.S.

(d) Birthing centers licensed under Chapter 383, F.S.

(e) Clinical laboratories licensed under Part I, Chapter 483, F.S., except community nonprofit blood banks and clinical laboratories operated by practitioners for exclusive use regulated under Section 483.035, F.S.

(f) Health maintenance organizations certified under Part I, Chapter 641 and prepaid health clinics certified under Part II III, Chapter 641, F.S.

(g) Home health agencies licensed under Part III IV, Chapter 400, F.S.

(h) Hospices licensed under Part  IV VI, Chapter 400, F.S.

(i) Hospitals licensed under Part I, Chapter 395, F.S.

(j) Intermediate care facilities for developmentally disabled persons licensed under Part VIII XI, Chapter 400, F.S.

(k) Nursing homes licensed under Part II, Chapter 400, F.S.

(l) Multiphasic testing centers licensed under Part II, Chapter 483, F.S.

(m) Health care clinics licensed under Part  X XIII, Chapter 400, F.S.

(2) Health Care Facilities Exempted from Fee Assessments. Facilities operated by the Department of Children and Family Services, the Department of Health or the Department of Corrections, and any hospital which meets the definition of a rural hospital pursuant to Section 395.602, F.S., are exempted from the health care facility assessment.

(3) Health Care Facility Assessments. The annual fee amount for each health care facility and health care service provider regulated under this rule is as follows: shall be established annually by the agency.

(a) Hospitals, nursing homes, and assisted living facilities shall be assessed a fee according to the following per bed charges:

1. Hospitals shall be assessed an annual fee of $2 per bed not to exceed a total of $500 per facility based on a bed inventory established by the agency as of July 1 of each year.

2. Nursing homes shall be assessed an annual fee of $2 per bed not to exceed a total of $500 per facility based on a bed inventory established by the agency as of July 1 of each year.

3. Assisted living facilities shall be assessed an annual fee of $1 per bed not to exceed $150 per facility based on a bed inventory established by the agency as of July 1 of each year.

(b) Other health care facilities subject to a health care facility assessment, as specified in paragraphs (1)(a), (c), (d), (e), (f), (g), (h), (j), (l) and (m), shall be assessed an annual fee of $150.

(4) Prospective Billing and Collection and Biennial Billing Process.  Beginning July 1, 2013, theThe agency shall bill each regulated facility not later than August 10 of each year. The agency shall collect annually, by September 1 of each year, an assessment from all facilities listed in paragraphs (1)(a) through (m) in accordance with the fee schedule specified in paragraphs (3)(a) and (3)(b) shall be collected prospectively for a two year (biennial) period.  The biennial period equals two annual assessments (Minimum Annual Assessment x 2) calculated based on the annual fee schedule specified in paragraph (3).

(a) For Initial and Change of Ownership applications, the biennial assessment shall be calculated at the time the license is issued.  The assessment shall be due within 21 days of issuance of the license. 

(b) For Renewal applications, the biennial assessment shall be calculated at the time of the licensure renewal and shall be due at the time of filing of the renewal application. 

(c) Transition to biennial billing - Facilities shall be billed a prorated assessment from July 1, 2013 through the license renewal date.  The assessments billed under this subsection will be due September 1, 2013.  All subsequent assessments shall be due at the time of renewal as described in subsection (b).

(5) Delinquent Account. The health care facility assessment is considered delinquent when the assessment is not received by the agency within 45 calendar days the due dates specified in paragraph (4)after September 1 of each year. 

(6) Notification of Delinquency. The agency shall send, by certified mail, delinquency notices, not later than 10 days prior to the delinquency date, indicating when the assessment will become delinquent. 

(76) Penalties. In accordance with Section 408.033(2)(e), F.S., the agency shall impose a fine of $100 per day, not to exceed the total annual assessment amount of $150 and $500 the assessment, after the assessment becomes delinquent as specified in subsection (5). Refusal by a health care facility Failure to pay the annual assessment or fine shall result in forfeiture procedures license revocation or denial. Refusal of payment is defined as non-payment by the provider of the assessment or fine within 60 days of receipt of the delinquency notice.

(87) Dishonored Checks. The agency shall assess a service charge for each returned check of five percent of the face value of the check or $15, whichever is greater.

Specific Authority 408.033(2), 408.034(6), 408.15(8) FS. Law Implemented 215.34(2), 408.033(2) FS. History–New 12-7-88, Amended 11-29-89, 12-5-90, 8-19-91, Formerly 10-5.022, Amended 6-16-05.

NAME OF PERSON ORIGINATING PROPOSED RULE: Marisol Fitch
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 11, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 21, 2012