59A-1.012. Denial, Revocation, or Suspension of Certificate; Imposition of Administrative Fine; Grounds; Moratorium on Agency Activities

(1) Depending upon the seriousness of the violation, the AHCA shall deny, revoke, or suspend a certificate or impose an administrative fine not to exceed $500 per day per violation for any of the following actions:

(a) Making false statements on an application or on any document associated with certification;

(b) Advertising false services or credentials;

(c) Failing to pay within 30 days of assessment, trust fund assessments in accordance with Section 765.544, F.S.;

(d) Failing to comply with the provisions of Chapter 59A-1, F.A.C.;

(e) Failing to correct deficiencies within the time required by the AHCA;

(f) Failing to submit an annual income statement and annual data on organ and tissue procurement, revenues and expenses specified in subsection 59A-1.005(17), F.A.C.;

(g) Failing to inform the AHCA of an adverse reaction or failing to comply with all provisions of Rule 59A-1.011, F.A.C.;

(h) Violating or aiding and abetting in the violation of any other provision of these regulations or the rules promulgated thereunder; or

(j) Violating an agency moratorium as described in Rule 59A-1.012, F.A.C.

(2) In addition to the reasons in subsection (1), above, the AHCA shall deny certification to an applicant who owns or operates an agency which, during the 24 months prior to the application for certification, has had certification revoked pursuant to subsection (1) above, had a moratorium imposed on agency activities, had injunction proceedings initiated against it, or had a receiver appointed.

(3) In determining if an administrative penalty, including a fine and the amount of the fine, is to be imposed, and in determining the terms of the administrative action, the AHCA shall consider the following factors:

(a) The gravity of the violation, including the probability that death or serious physical harm will result or has resulted; the severity of the potential harm; and the extent to which the provisions of the applicable statutes, rules, or standards were violated;

(b) Actions taken by the owner or agency director to correct violations;

(c) Any previous violations; and,

(d) The financial benefit to the facility of committing or continuing the violation.

(4) When administrative action is taken against an agency, the AHCA shall immediately serve the agency with written notice of the administrative action by personal service or registered or certified mail, return receipt requested. All administrative actions shall be in accordance with Chapter 120, F.S., and shall state the following:

(a) The reasons for the administrative action;

(b) The terms of the administrative action, including the daily amount of any administrative fine; and,

(c) The period of the administrative action.

(5) Each agency receiving a written notice of administrative action has the right to appeal. Procedures for appeal and administrative hearing shall be in accordance with Chapter 120, F.S.

(6) If, as the result of a hearing, an administrative action taken by the AHCA is upheld, the administrative action shall be immediately imposed and, in the case of a fine, the violator shall pay the fine for each day beyond the date set by the AHCA for payment of the fine.

(7) Following denial or revocation of certification, an agency shall be permitted to reapply for certification in accordance with the provisions of Rule 59A-1.004, F.A.C.

(8) The AHCA shall impose a moratorium on all or selected agency activities which the AHCA determines to be a potential threat to the health, safety, or welfare of the public.

Rulemaking Authority 765.541(2), 765.544 FS. Law Implemented 75.541, 765.542, 765.544 FS. History–New 11-26-92, Amended 8-20-96.