Notice of Proposed Rule

AGENCY FOR HEALTH CARE ADMINISTRATION
Cost Management and Control
RULE NO.: RULE TITLE:
59B-6.008: Health Care Entities Required to Report and Pay Assessment
59B-6.009: Definitions
59B-6.010: Adoption and Establishment of AHCA AMBFAC Report Forms
59B-6.011: Manner for Submitting Reports
59B-6.012: Physician Professional Fees
59B-6.013: Unrelated Revenue
59B-6.014: Change of Fiscal Year
59B-6.015: Change of Ownership or New Health Care Entity
59B-6.016: Change of Health Care Entity Address
59B-6.017: Extensions
59B-6.018: Information Letters
59B-6.019: Notice of Reporting Deficiencies and Response
59B-6.020: Audits of Health Care Entities
59B-6.021: Certification of PMATF Assessment
59B-6.022: Calculation and Payment of Assessment
59B-6.023: Penalties for Reporting Deficiencies
59B-6.024: Penalties for Assessment Payment Deficiencies
PURPOSE AND EFFECT: These rules will be repealed.
SUMMARY: Statutory authority (Section 395.7015, F.S.) was found to be unconstitutional.
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: Based on the fact that the underlying statutory authority for this chapter was found to be unconstitutional, 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: 395.7015(5) FS.
LAW IMPLEMENTED: 395.7015 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ryan Fitch, 2727 Mahan Drive, Mail Stop 28, Building 1, Tallahassee, Florida 32308 or call (850)412-4401

THE FULL TEXT OF THE PROPOSED RULE IS:

59B-6.008 Health Care Entities Required to Report and Pay Assessment.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.009 Definitions.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.010 Adoption and Establishment of AHCA AMBFAC Report Forms.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.011 Manner for Submitting Reports.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.012 Physician Professional Fees.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.013 Unrelated Revenue.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.014 Change of Fiscal Year.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.015 Change of Ownership or New Health Care Entity.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.016 Change of Health Care Entity Address.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.017 Extensions.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.018 Information Letters.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.019 Notice of Reporting Deficiencies and Response.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.020 Audits of Health Care Entities.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408, 408.08(1) FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.021 Certification of PMATF Assessment.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92, Repealed________.

 

59B-6.022 Calculation and Payment of Assessment.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015 FS. History–New 5-7-92. Repealed________.

 

59B-6.023 Penalties for Reporting Deficiencies.

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015, 408.08 FS. History–New 5-7-92, Repealed________.

 

59B-6.024 Penalties for Assessment Payment Deficiencies

Rulemaking Specific Authority 395.7015(5), 408.15(8), 408 FS. Law Implemented 395.7015(5), 408.08 FS. History–New 5-7-92, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Ryan Fitch
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 10, 2012