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interoffice memorandum - Agency for Health Care Administration

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RICK SCOTT<br />

GOVERNOR<br />

Dear Administrators:<br />

2727 Mahan Drive • Mail Stop #33<br />

Tallahassee, FL 32308<br />

Better <strong>Health</strong> <strong>Care</strong> <strong>for</strong> all Floridians<br />

June 21, 2012<br />

ELIZABETH DUDEK<br />

SECRETARY<br />

During the 2012 Florida legislative session, new laws were enacted that affect Assisted Living<br />

providers in this state. The primary legislation affecting these providers is House Bill 787. Most<br />

provisions of HB787 are effective July 1, 2012. To access the full text of these new laws, please<br />

visit: http://laws.flrules.org/2012/160.<br />

This bill does the following:<br />

• Amends current law to allow assisted living facilities, hospitals, and nursing homes will be<br />

able to provide adult day services at any time during a 24-hour day.<br />

• Amends current law to include several exceptions to rebates dealing with assisted living<br />

facilities.<br />

Changes were made as follows under Chapter 408, Part II: <strong>Health</strong> <strong>Care</strong> Licensing <strong>for</strong> all provider<br />

types regulated by the <strong>Agency</strong>, with the following being of specific interest:<br />

• States that any licensee provider who alters, defaces or falsifies a license certificate is<br />

subject to an administrative fine of $1,000 <strong>for</strong> each day of illegal display.<br />

• Allows the <strong>Agency</strong> to send a courtesy notice, at least 90 days be<strong>for</strong>e the expiration of a<br />

license to in<strong>for</strong>m the licensee of the upcoming expiration date. It is important to note that<br />

the courtesy notice will be provided electronically or by United States mail and not via<br />

certified mail.<br />

• Mandates an applicant must pay the late fee be<strong>for</strong>e a late application is considered<br />

complete and failure to pay the late fee is considered an omission from the application.<br />

• Requires that the controlling interest shall notify the <strong>Agency</strong> within 10 days after the<br />

initiation of bankruptcy action, <strong>for</strong>eclosure or eviction proceedings concerning the provider<br />

in which the controlling interest is a petitioner or defendant.<br />

• Grants the <strong>Agency</strong> authority to impose an administrative fine <strong>for</strong> unclassified violations.<br />

Should you have questions about this in<strong>for</strong>mation or any other <strong>Agency</strong> activities, please contact<br />

the Assisted Living Unit at (850) 412-4304.<br />

Shaddrick A. Haston, Esq.<br />

Assisted Living Unit Manager<br />

Visit AHCA online at<br />

AHCA.MyFlorida.com


RICK SCOTT<br />

GOVERNOR<br />

Dear Adult Family <strong>Care</strong> Home Providers:<br />

Better <strong>Health</strong> <strong>Care</strong> <strong>for</strong> all Floridians<br />

June 21, 2012<br />

ELIZABETH DUDEK<br />

SECRETARY<br />

During the 2012 Florida legislative session, new laws were enacted that affect Assisted Living<br />

providers in this state. The primary legislation affecting these providers is House Bill 787. Most<br />

provisions of HB787 are effective July 1, 2012. To access the full text of these new laws, please<br />

visit: http://laws.flrules.org/2012/160.<br />

Changes were made as follows under Chapter 408, Part II: <strong>Health</strong> <strong>Care</strong> Licensing <strong>for</strong> all provider<br />

types regulated by the <strong>Agency</strong>, with the following being of specific interest:<br />

• States that any licensee provider who alters, defaces or falsifies a license certificate is<br />

subject to an administrative fine of $1,000 <strong>for</strong> each day of illegal display.<br />

• Allows the <strong>Agency</strong> to send a courtesy notice, at least 90 days be<strong>for</strong>e the expiration of a<br />

license to in<strong>for</strong>m the licensee of the upcoming expiration date. It is important to note that the<br />

courtesy notice will be provided electronically or by United States mail and not via certified mail.<br />

• Mandates an applicant must pay the late fee be<strong>for</strong>e a late application is considered<br />

complete and failure to pay the late fee is considered an omission from the application.<br />

• Requires that the controlling interest shall notify the <strong>Agency</strong> within 10 days after the<br />

initiation of bankruptcy action, <strong>for</strong>eclosure or eviction proceedings concerning the provider in which<br />

the controlling interest is a petitioner or defendant.<br />

• Grants the <strong>Agency</strong> authority to impose an administrative fine <strong>for</strong> unclassified violations.<br />

Should you have questions about this in<strong>for</strong>mation or any other <strong>Agency</strong> activities, please contact<br />

the Assisted Living Unit at (850) 412-4304.<br />

Shaddrick A. Haston, Esq.<br />

Assisted Living Unit Manager


RICK SCOTT<br />

GOVERNOR<br />

Dear Operator:<br />

Better <strong>Health</strong> <strong>Care</strong> <strong>for</strong> all Floridians<br />

June 21, 2012<br />

ELIZABETH DUDEK<br />

SECRETARY<br />

During the 2012 Florida legislative session, new laws were enacted that affect Adult Day <strong>Care</strong><br />

providers in this state. The legislation affecting adult day care centers are providers are House Bill<br />

787 and SB 694. Most provisions are effective July 1, 2012. To access the full text of these new<br />

laws, please visit: http://laws.flrules.org/2012/160 and http://laws.flrules.org/2012/43.<br />

Senate Bill 694 does the following:<br />

• Amends current law to provide <strong>for</strong> the Specialized Alzheimer’s Services license. Providers<br />

are required to notify the <strong>Agency</strong> 6 months prior to their license expiration if they intend to<br />

seek this specialty license.<br />

Changes were made as follows under Chapter 408, Part II: <strong>Health</strong> <strong>Care</strong> Licensing <strong>for</strong> all provider<br />

types regulated by the <strong>Agency</strong>, with the following being of specific interest:<br />

• States that any licensee provider who alters, defaces or falsifies a license certificate is<br />

subject to an administrative fine of $1,000 <strong>for</strong> each day of illegal display.<br />

• Allows the <strong>Agency</strong> to send a courtesy notice, at least 90 days be<strong>for</strong>e the expiration of a<br />

license to in<strong>for</strong>m the licensee of the upcoming expiration date. It is important to note that<br />

the courtesy notice will be provided electronically or by United States mail and not via<br />

certified mail.<br />

• Mandates an applicant must pay the late fee be<strong>for</strong>e a late application is considered<br />

complete and failure to pay the late fee is considered an omission from the application.<br />

• Requires that the controlling interest shall notify the <strong>Agency</strong> within 10 days after the<br />

initiation of bankruptcy action, <strong>for</strong>eclosure or eviction proceedings concerning the provider<br />

in which the controlling interest is a petitioner or defendant.<br />

• Grants the <strong>Agency</strong> authority to impose an administrative fine <strong>for</strong> unclassified violations.<br />

Should you have questions about this in<strong>for</strong>mation or any other <strong>Agency</strong> activities, please contact<br />

the Assisted Living Unit at (850) 412-4304.<br />

Shaddrick A. Haston, Esq.<br />

Assisted Living Unit Manager

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