This rule will be revised to strike language regarding submission of the Attestation of Compliance with Background Screening Requirements, AHCA Form 3100-0008, when submitting an application for health care facility licensure and incorporate changes ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Health Facility and Agency Licensing

RULE NO.:RULE TITLE:

59A-35.090Background Screening; Prohibited Offenses.

PURPOSE AND EFFECT: This rule will be revised to strike language regarding submission of the Attestation of Compliance with Background Screening Requirements, AHCA Form 3100-0008, when submitting an application for health care facility licensure and incorporate changes to AHCA Form 3110-0019, Backgound Screening Application for Exemption.

SUMMARY: Background Screening (BGS) provider licensure requirements. Revising the rule to remove language regarding submission of an attestation form when submitting an application for facility licensure.

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: 408.809, 408.819, 435.01 FS.

LAW IMPLEMENTED: 408.809, 408.810, 435.07 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: August 2, 2017; 10:00-11:00

PLACE: Agency for Health Care Administration, Conference Room B, 2727 Mahan Drive, Building #3, 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: Sherry Ledbetter, Bureau of Central Services, 2727 Mahan Drive, Tallahassee, Florida, [phone] or via 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: Sherry Ledbetter, Bureau of Central Services, 2727 Mahan Drive, Tallahassee, Florida, [phone] or via email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59A-35.090 Background Screening.

(1) Definitions:

(a) through (c) No change.

(d) “Exemption from Disqualification” means an exemption granted by the Agency following a review of the Background Screening Application for Exemption, AHCA Form 3110-0019, January 2017 May 2015, hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05435, and an informal teleconference, during which the individual must present clear and convincing evidence to support a reasonable belief that he or she has been rehabilitated and does not present a danger to the health, safety, and welfare of the patient or individual as described in Section 435.07, F.S.

(2) Processing Screening Requests, Required Documents and Fees.

(a) through (c) No change.

(d) An Attestation of Compliance with Background Screening Requirements, AHCA Form 3100-0008, January 2017 May 2015, herein incorporated by reference, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05436, and available from the Agency for Health Care Administration at: http://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/Regulations_Forms.shtml, This form must be completed by the individual and retained by the provider must be submitted:

1. At the time of licensure application with a copy of screening results for administrators and chief financial officers that have been screened through the Care Provider Background Screening Clearinghouse created under Section 435.12, F.S. Screening conducted by the Department of Health, the Department of Elder Affairs, the Agency for Persons with Disabilities, the Department of Children and Families, or the Department of Financial Services may satisfy this requirement as authorized in Section 408.809(2), F.S.;

2. uUpon hire hiring for an employee to attest that they meet the requirements for qualifying for employment, they have not been unemployed for more than 90 days from a position that requires Level 2 screening, and they agree to inform the employer immediately if arrested for any disqualifying offense.

(e) No change.

(3) No change.

(4) Exemption from Disqualification.

(a) Requests for an exemption from disqualification shall be submitted in writing to the Agency using the Background Screening Application for Exemption, “Application for Exemption from Disqualification” AHCA Form 3110-0019, January 2017 May 2015, hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05435. This form may be obtained from the Agency for Health Care Administration, Background Screening Unit, 2727 Mahan Drive, MS #40, Tallahassee, Florida 32308 or through the Agency’s website at: http://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/Regulations_Forms.shtml.

(b) through (g) No change.

(5) No change.

Rulemaking Authority 408.809, 408.819, 435.01 FS. Law Implemented 408.809, 408.810, 435.07 FS. History–New 7-14-10, Amended 12-16-13, 6-15-15, _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sherry Ledbetter

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Justin M. Senior

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 22, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 3, 2016