That notice changed the proposed rule that was published in the Vol. 35, No. 47, November 25, 2009 issue of the Florida Administrative Weekly. The February 12, 2009 Notice of Change included errors resulting from the incorrect submission of the text due to document review software features. This notice presents the rule text as it should have appeared in the February 12, 2009 and also reflects subsequent withdrawal of three rules, Rules 59A-35.064 and 59A-35.140, Notice of Withdrawal published in Vol. 36, No. 9, on March 5, 2010, and Rule 59A-35.065, Notice of Withdrawal published in Vol. 36, No. 11, on March 19, 2010.
Chapter 59A-35, Florida Administrative Code
59A-35.020 Applicability.
No change.
59A-35.030 Definitions.
No change.
59A-35.040 License Required; Display.
(1) through (5) No change.
Rulemaking Authority 408.819 FS. Law Implemented 408.804, 408.810, 408.813, FS. History–New________.
59A-35.050 Fees Required; Adjustments.
(1) No change.
(2) When payment for licensure fees has been dishonored, the licensee has 10 days from the date of notification to remit to the Agency the licensure fee plus any applicable fees as provided by law in the form of a money order or cashier’s check. In the event that the licensure fee is not paid, the license may be subject to revocation or suspension.
(3) through (4) No change.
Rulemaking Authority 408.819 FS. Law Implemented 112.0455(17), 383.305(1), 390.14(3), 394.877, 395.044, 395.1097(3), 400.062(3), 400.471(5), 400.506(3), 400.605(2), 400.801(3), 400.805(2), 400.905(2), 400.931(5), 400.980(2), 400.9925(1), 429. 07(4), 408.805 FS. History–New________.
59A-35.060 Licensure Application Process.
(1) (a) through (p) No change.
(q) Home for Special Services as provided under Part V of Chapter 400, F.S.; AHCA Form 3110-3001, February 2010 AHCA Recommended Form, July 2009.
(r) through (z) No change.
(aa) Clinical Laboratories, as provided under Part I of Chapter 483, F.S.; AHCA Form 3170-2004 (renewal), B (initial) or C (change of ownership), Rev. July 2009 or AHCA Form 3170-2004D, September 2009 (addition of specialty, or subspecialty or change in specialty).
(bb) through (cc) No change.
(2) through (4) No change.
(5) Unresponsive applicant. If certified mail sent to the provider’s address of record, or mailing address if applicable, is returned as unclaimed or undeliverable, the Agency will send a copy of the letter by regular mail to the provider’s address of record, or mailing address if applicable, with a copy to the applicant’s address if different from the provider. The applicant must respond to the request within 21 14 days of the date of the letter sent by regular mail. If timely response is not received, the application will be subject to withdrawal or denial.
(6) No change.
(7) A licensure inspection will not be authorized until paragraphs (6)(5)(a) and (6)(5)(b) of this section have been satisfied.
(8) No change.
59A-35.062 Proof of Financial Ability to Operate.
(1) through (3) No change.
(4) All documents required under this section must be prepared in accordance with generally accepted accounting principles. All documents required under this section for Home health Agencies, Home Medical Equipment Providers and Health Care Clinics must be compiled and signed by a certified public accountant. All documents required under this section must be prepared in accordance with generally accepted accounting principles and must be compiled and signed by a certified public accountant.
(5) through (6) No change.
(7) An applicant for renewal of a license shall not be required to provide proof of financial ability to operate, unless the licensee or applicant has demonstrated financial instability. If an applicant or licensee has shown signs of financial instability, as provided in Section 408.810(9), F.S., at any time, the Agency may require the applicant or licensee to provide proof of financial ability to operate by submission of:
(a) through (b) No change.
59A-35.070 Change of Ownership.
(1) and (2) No change.
(3) If fines are not specified in authorizing statutes for the provider type as specified in Section 408.803(3), F.S., the failure to submit a change of ownership application and license fee at least 60 days prior to the change of ownership effective date will result in a $50 per day late fee charged to the licensee up to a maximum of $3,000.
(3)(4) When a change of ownership application is submitted during the review of a renewal licensure application, the pending renewal will be administratively withdrawn from review if the change of ownership application is approved with an effective date prior to the expiration of the license.
(4)(5) Expiration of a license prior to the approval of the change of ownership application, when no renewal application has been submitted, will result in the denial of a change of ownership application.
(5)(6) If the applicant has not been issued the license on the effective date of the change of ownership, documentation must be submitted that provides for continuation of operation of the licensee for those days between the date of the change of ownership and the date the applicant is licensed by the Agency.
59A-35.080 License Categories.
(1) Provisional License. If a license expires while an action to deny or revoke the license is pending, or while an action to withdraw a renewal application from further consideration is pending, and renewal applications are filed, the Agency may issue a provisional license for no more than two years. The provisional license shall identify the pending action. The provisional license will expire when the Agency action is final. The provisional license does not affect the revocation or denial action or constitute a defense on behalf of the licensee or applicant.
(2) Inactive License. An inactive license may be issued, as provided in Sections 408.808(3) and 408.831(4), F.S.
(a) through (c) No change.
Rulemaking Authority 408.819 FS. Law Implemented 408.808(2), (3), 408.831(4) FS. History–New_________.
59A-35.090 Background Screening.
(1)(a) through (b) No change.
(c) “Disqualifying Offense” means any criminal offense prohibited in Section 435.03, or 435.04, or 408.809(5), F.S.
(d) through (f) No change.
(g) “Level 1 Screening” means an assessment of the criminal history record obtained from the FDLE to determine whether screened individuals have any disqualifying offenses pursuant to Section 435.03 or 408.809(5), F.S. An analysis and review of court dispositions and arrest reports may be required to make a final determination.
(h) “Level 2 Screening” means an assessment of the criminal history record obtained through a fingerprint search through the FDLE and FBI to determine whether screened individuals have any disqualifying offenses pursuant to Section 435.04 or 408.809(5), F.S. An analysis and review of court dispositions and arrest reports may be required to make a final determination.
(2) through (3) No change.
(4) Results of Screening and Notification.
(a) Final results Results of background screening requests will be provided to the requesting provider through the Agency’s secure web site.
(b) When the dispositional information of a potentially disqualifying offense is unclear or not present in a Level 1 criminal history from a Level I request, a notice will be sent to the requesting licensee or entity to obtain the arrest report and dispositional information from the individual being screened. The information must then be forwarded to the Agency for a final determination or show such information cannot be obtained. If a Level 2 criminal history is incomplete, a certified letter will be sent to the individual being screened requesting the arrest report and dispositional information. If the letter is returned unclaimed, a copy of the letter will be sent by regular mail. For Level 1 and Level 2, the missing information must be filed with the Agency within 30 days of the Agency’s request, or the individual is subject to automatic disqualification in accordance with Section 435.05(1)(d), F.S.
(c) through (d) No change.
(5) through (6) No change.
Rulemaking Authority 408.819 FS. Law Implemented 394.4572, 400.215, 400.512, 400.6065, 400.935, 400.964, 400.980, 400.991, 408.809, 408.810, 429.174, 429.67, 429.919 FS. History– New_________.
59A-35.100 Minimum Licensure Requirements.
(1) Provider location.
(1)(a) A licensee must maintain proper authority for operation of the provider at the address of record. If such authority is denied, revoked or otherwise terminated by the local zoning or code enforcement authority, the Agency may deny or revoke an application or license, or impose sanctions.
(2)(b) With the exception of federally authorized clinical laboratories, more than one license will not be issued to operate the same provider types at the identical physical or street address. Existing licensees must comply with this paragraph upon license renewal.
(2) Discontinuance of operation; unresponsive licensee. If certified mail sent to the provider’s address of record or mailing address if applicable, is returned as unclaimed or undeliverable, the Agency will send a copy of the letter by regular mail to the provider’s address of record or mailing address if applicable, with a copy to the licensee’s address if different from the provider. The licensee must respond to the request within 14 days. If timely response is not received, the provider will be determined to have discontinued operation and the license shall be subject to revocation.
(3) If a licensee that is required to register or file with the Florida Secretary of State Division of Corporations is administratively dissolved, the licensee is presumed to have discontinued operation and shall be subject to revocation.
59A-35.110 Reporting Requirements; Electronic Submission.
(1) No change.
(2) Electronic submission of information.
(a) The following required information must be reported through the Agency’s Internet site at ahca.myflorida.com/reporting/index.shtml:
1. Nursing homes:
a. Semi-annual staffing ratios required pursuant to Section 400.141(1)(o)(15), F.S., and Rule 59A-4.103, F.A.C.
b. Adverse incident reports required pursuant to Sections 400.147(7) and (8), F.S., and Rule 59A-4.123, F.A.C.
c. Liability claim reports required pursuant to Section 400.147(10)(9), F.S., and Rule 59A-4.123, F.A.C.
2. Assisted living facilities:
a. Adverse incident reports required pursuant to Sections 429.23(3) and (4), F.S., and Rule 58A-5.0241, F.A.C.
b. Liability claim reports required pursuant to Section 429.23(5), F.S., and Rule 58A-5.0242, F.A.C.
(b) through (c) No change.
59A-35.120 Inspections.
No change.
59A-35.150 Moratorium; Emergency Suspension.
In addition to other remedies permitted by law, violation of a moratorium issued by the Agency is considered a Class I violation and subject to a fine of $500 per day until the violation is corrected.