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Proposed Florida Administrative Rule — Health Care Clinic Licensure

Rulemaking

Beginning yesterday and running through 10.27.14, Florida’s Agency for Health Care Administration is inviting interested parties to comment on a proposed change to Fla. Admin. Code 59A-33.002, which regulates how health care clinics are licensed.  One significant purpose of the proposed revisions is to “remov[e] the surety bond option as an alternative to financials.”  That is, under the existing rule, health care clinic owners applying for an initial, change-of-ownership, or renewal license have to demonstrate a financial ability to operate for the first year of licensure.  But some of that showing may be satisfied by the owners posting a surety bond:

This proof shall include evidence that the applicant has sufficient assets, credit, and projected revenues to cover liabilities and expenses. The applicant must submit a projected income and expense statement and projected balance sheet that have been prepared according to generally accepted accounting principals and signed by a certified public accountant. As a convenience, the applicant may submit the required information on AHCA Form 3110-0013, July 2006, Schedule 2, Projected Income and Expense, and Schedule 3, Projected Balance Sheet, which form is incorporated by reference. As an alternative, and not in addition to providing a projected income and expense statement and projected balance sheet, the applicant may submit a surety bond in the amount of $500,000 payable to the Agency for Health Care Administration. For a Surety Bond the applicant must submit AHCA Form 3110-0013, Health Care Clinic surety bond, July 2006, which is incorporated by reference.

No more, under the proposed rule, which strikes-out all of that language.  In its place, the proposed rule simply states that “[p]roof of financial ability to operate must be demonstrated for initial licensure and change of ownership applications as required in Section 408.801(8), F.S. and Rule 59A-35.062, F.A.C.

A colleague of mine stressed to me yesterday how significant a rule-change this would be for many license applicants.  If this proposed rule may affect you, now is the time to let the Agency know.  The page linked above invites you to either make a “one-time comment” or even engage in a back-and-forth discussion with the Agency about the proposed rule.  If you would like to discuss the potential rule’s impact on you, or want assistance in commenting on it, please don’t hesitate to contact our Firm lawyers.

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