Fla. Admin. Code Ann. R. 59A-27.004 - Penalties and Enforcement Procedures

(1) Any person or entity operating a health care services pool without a registration, with an expired registration, or with a revoked registration, shall immediately cease operations until a proper registration can be acquired. Failure to cease operations after agency notification may result in a fine as stated in Section 408.812, F.S.

(2)

(a) If the Health Care Services Pool fails to screen all employees or contractors, or employs persons who are disqualified from employment based on a criminal record check, a fine, as permitted in Section 408.813(3), F.S. shall be assessed for each employee or contractor.

(b) If AHCA determines the fine to be insufficient to the violation, it may deny, suspend or revoke the registration as permitted in Section 408.815, F.S.

(3) The failure to file a timely application for a renewal certificate of registration shall result in an administrative fine, pursuant to Section 408.806(2)(d), F.S.

(4) Any other violations of provisions of law or rule can result in a fine pursuant to Section 400.980, F.S.

(5) In determining whether to revoke or suspend a registration or to impose a fine, or in determining the amount of any such fine, AHCA shall consider the following information:

(a) The number of violations and remedial actions taken to correct the violations;

(b) The harm or potential for harm resulting from the violations;

(c) The number of previous violations;

(d) The existence of prior similar violations; and,

(e) The financial benefit or potential for financial benefit as a result of committing the violations.

Notes

Fla. Admin. Code Ann. R. 59A-27.004

Rulemaking Authority 400.980, 408.819 FS. Law Implemented 400.980, 408.806, 408.812, 408.813, 408.815 FS.

New 8-2-90, Formerly 7G-1.013, Amended 10-17-94, Formerly 61E 6-1.013, 64B 22-1.004, Amended 6-27-02, Amended by Florida Register Volume 40, Number 156, August 12, 2014 effective 8/28/2014.

New 8-2-90, Formerly 7G-1.013, Amended 10-17-94, Formerly 61E6-1.013, 64B22-1.004, Amended 6-27-02, 8-28-14.