The Agency is proposing to amend this rule to update the ambulatory surgical center licensure form to align with the online licensure process and allow for the data collection of web addresses required by s.395.301, FS.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-5.003Licensure Procedure

PURPOSE AND EFFECT: The Agency is proposing to amend this rule to update the ambulatory surgical center licensure form to align with the online licensure process and allow for the data collection of web addresses required by s.395.301, FS.

SUMMARY: The Agency is proposing to amend this rule to update the ambulatory surgical center licensure application.

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: 395.1055, 408.819 FS

LAW IMPLEMENTED: 395.003, 395.004, 395.0161, 395.1055, 408.806, 408.809, 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: February 28, 2019, 10:30 a.m. – 12:00 Noon

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building #3, Conference Room D, 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, 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: Jessica Munn at [phone] or email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

59A-5.003 Licensure Procedure.

(1) In addition to the licensure requirements contained in Chapters 395, Part I and 408, Part II, F.S., all centers shall comply with the following:

(2) All persons requesting licensure for the operation of a center under the provisions of Chapter 395, F.S., shall make application to the Agency on Health Care Licensing Application, Ambulatory Surgical Center, AHCA Form 3130-2001, September 2018 July 2014, which is incorporated by reference, and. The form is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-10296. http://www.flrules.org/Gateway/reference.asp?No=Ref-04452 and available from the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #31, Tallahassee, Florida 32308, or at the web address at: http://ahca.myflorida.com/HQAlicensureforms. Applicants for renewal and changes during licensure may submit the Health Care Licensing Online Application, Ambulatory Surgical Center, AHCA Form 3130-2001OL, September 2018, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-10297.  The application forms are available online at http://www.ahca.myflorida.com/HQAlicensureforms or, for online submissions, at: http://apps.ahca.myflorida.com/SingleSignOnPortal. The center must obtain a standard license prior to the acceptance of patients for care or treatment.

(3) Each center applying for a license shall be designated by a distinctive name, and the name shall not be changed without first notifying the Agency and receiving approval in writing. Duplication of an existing center’s name is prohibited.

(4) In addition to the requirements found in Chapter 408, Part II, F.S., the following documents shall accompany the initial application:

(a) Proof of fictitious name registration if applicable;

(b) Articles of Incorporation or similarly titled document registered by the applicant with the Florida Department of State; and,

(c) The center’s Zoning Certificate or proof of compliance with zoning requirements.

(5) The following documents shall be available for inspection at the center by the Agency area office at the initial licensure inspection:

(a) The governing board bylaws, rules and regulations, or other written organizational plan;

(b) Medical staff bylaws, rules and regulations;

(c) Roster of medical staff members;

(d) Nursing procedure manual;

(e) Roster of registered nurses and licensed practical nurses with current license numbers;

(f) The center’s fire plan; and,

(g) The Comprehensive Emergency Management Plan pursuant to Rule 59A-5.018, F.A.C.

(6) In addition to the requirements found in Chapter 408, Part II, F.S., all applications for a change of ownership shall include;

(a) A signed agreement with the Agency to correct physical plant deficiencies listed in the most recent licensure inspection that conforms to Florida Building Code;

(b) A copy of the closing documents, which must include an effective date and the signatures of both the buyer and the seller;

(c) Articles of Incorporation or similarly titled document registered by the applicant with the Florida Department of State;

(d) Proof of fictitious name registration if applicable;

(e) Evidence of payment of, or arrangement to pay, any liability to the state pursuant to subsection 395.003(3), F.S.

(7) A license fee as prescribed on the application of $1,679.82 for the operation of a center as established by Chapter 395, F.S., shall accompany an application for an initial, renewal, change during the licensure period, or change of ownership license. The license fee shall be made payable to the Agency for Health Care Administration. No license shall be issued without payment of the requisite fee.

(8) through (16) No change

Rulemaking Authority 395.1055, 408.819 FS. Law Implemented 395.003, 395.004, 395.0161, 395.1055, 408.806, 408.809, 408.811 FS. History–New 6-14-78, Formerly 10D-30.03, Amended 2-3-88, Formerly 10D-30.003, Amended 11-13-95, 9-17-14,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica Munn

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mary C. Mayhew

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 01/28/2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 05/10/2018