59A-8.005. Certificates of Exemption and Exempt Status

(1) Persons, organizations, and entities, hereafter referred to as entities, exempt from home health agency license requirements are set forth in Section 400.464(5), F.S. An entity is not required to have, but may voluntarily apply for a certificate of exemption.

(2) Entities that claim an exemption, either by filing an application for a certificate of exemption with the AHCA and receiving a certificate of exemption, or self-determining, must maintain an exempt status at all times of operation.

(3) An applicant for a certificate of exemption from the home health agency licensure requirements must apply using the Application for Certification of Exemption from Licensure as a Home Health Agency, AHCA Form 3110-1009, July 2021, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13999. The form is also available at: http://ahca.myflorida.com/HQAlicensureforms.

(4) The applicant for a certificate of exemption must affirm:

(a) The specific exemption sought pursuant to Section 400.464(5), F.S.;

(b) The qualifying requirements for obtaining and maintaining an exempt status;

(c) The current existence of applicable exemption-qualifying health care practitioner licenses, qualified ownership, qualified certifications or registration of the entity;

(d) The federal employer identification number;

(e) Proof of legal existence and fictitious name, when the entity and name are required to be filed with the Division of Corporations, Department of State; and

(f) Other satisfactory proof required by the form adopted by this rule.

(5) The fee for issuance of a certificate of exemption is required to be submitted to AHCA with the application.

(a) Applications received without the requisite fee shall be returned to the applicant unprocessed.

(b) When the payment of a certificate fee has been dishonored, the applicant has 10 days from the date of notification to remit to AHCA the certificate fee plus any applicable fees as provided by law in the form of a money order or cashier’s check. If the certificate fee is not paid, the application ­will be withdrawn or the certificate will be revoked.

(6) Upon receipt of an application for a certificate of exemption, AHCA shall examine the application and, within 30 days after receipt, notify the applicant in writing of any apparent errors or omissions and request any additional information required.

(7) Requested information omitted from an application for a certificate of exemption must be filed with AHCA within 21 days after AHCA’s request for omitted information or the application shall be deemed incomplete and shall be withdrawn from further consideration and the fees shall be forfeited.

(8) An application for a certificate of exemption from home health agency licensure shall be approved or denied by AHCA within 60 days of receipt of a completed application.

(9) A certificate of exemption, unless sooner surrendered or revoked, shall automatically expire two years from the date of issuance, and shall be renewable biennially, provided that the person, organization or entity continues to meet the requirements established under Chapter 400, Part III, F.S. and Rule 59A-8.005, F.A.C.

(10) An application for renewal of the certificate of exemption must be submitted to AHCA 60 to 120 days prior to the date of expiration of the certificate of exemption.

(11) An application to change the name or address of the certificate of exemption must be submitted to AHCA 21 to 120 days in advance of the requested effective date.

(12) Whenever an entity discontinues operation, the entity shall notify AHCA in writing, prior to the discontinuance of operation, by submitting a letter to the AHCA Laboratory and In-Home Services Unit, 2727 Mahan Drive, Mail Stop #32, Tallahassee, Florida 32308 or via email at [e-mail], including the effective date of closure. The entity shall remain responsible for retaining and appropriately distributing all medical records.

(13) If the applicant is required to register or file with the Florida Secretary of State, Division of Corporations, the principal, fictitious name and mailing addresses submitted on the application for the applicant must be the same as the information registered with the Division of Corporations.

(14) An entity becomes a “home health agency” as defined in Section 400.462(12), F.S., when the provision of home health services and staffing services no longer meet any of the qualifications for an exemption under Section 400.464(5), F.S. An entity’s exempt status expires when a change occurs that negates an entity’s qualification for exemption. In such a case, the home health agency must file a license application with AHCA as required in Sections 400.471 and 408.806, F.S., and shall be subject to all provisions applicable to an unlicensed home health agency. Failure to timely file an application for licensure may render the home health agency unlicensed and subject the entity to sanctions under Sections 400.484 and 408.812, F.S.

(15) AHCA will deny or revoke a certificate of exemption for the following actions by the applicant or owner:

(a) False representation of a material fact in the application or omission of any material fact from the application.

(b) Failure to meet exemption criteria in Section 400.464(5), F.S.

(c) Failure to meet criteria in section (16) of this rule.

(16) Certificates of exemption are not transferable, directly or indirectly. They are valid only for the person, organization, or entity, licenses, registrations, certifications and services provided under specific statutory exemptions and are valid only to the specific exemption claimed and granted. In order for a certificate of exemption to be valid the entity must apply for and receive an amended certificate of exemption for changes of name or location.

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

Rulemaking Authority 400.497 FS. Law Implemented 400.464(5), 400.464(6) FS. History–New 5-9-19, Amended 2-27-22.