Fla. Admin. Code Ann. R. 59A-33.006 - Certificates of Exemption and Exempt Status
(1) Persons, facilities and entities,
hereafter referred to as entities, exempt from health care clinic license
requirements are set forth in section
400.9905(4),
F.S. An entity is not required to have, but may voluntarily apply for, a
certificate of exemption.
(2)
Entities that claim an exemption, either by filing an application for a
certificate of exemption with the Agency and receiving a certificate of
exemption, or self-determining, must maintain an exempt status at all times of
operation.
(3) Entities requesting a
certificate of exemption from the health care clinic license requirements shall
make application to the Agency on the Application for Certificate of Exemption
from Licensure as a Health Care Clinic, AHCA Form 3110-0014, July 2018, which
is incorporated by reference, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10284.
The application form is also available at
http://www.ahca.myflorida.com/HQAlicensureforms.
(4) The applicant for a certificate of
exemption must affirm:
(a) The specific
exemption sought pursuant to section
400.9905(4),
F.S.;
(b) The qualifying
requirements for obtaining and maintaining an exempt status;
(c) The current existence of applicable
exemption-qualifying health care practitioner licenses, qualified ownership,
qualified certifications or registration of the entity or owners;
(d) The federal employer identification
number;
(e) Proof of legal
existence and fictitious name, when the entity and name are required to be
filed with the Division of Corporations, Department of State; and
(f) Other satisfactory proof required by the
form adopted by this rule.
(5) The fee for issuance of a certificate of
exemption is required to be submitted to the Agency with the application.
(a) Applications received without the
requisite fee shall be returned to the applicant unprocessed.
(b) When the payment of a certificate fee has
been dishonored, the applicant has 10 days from the date of notification to
remit to the Agency the certificate fee plus any applicable fees as provided by
law in the form of a money order or cashier's check. If the certificate fee is
not paid, the application will be withdrawn or the certificate will be
revoked.
(6) Upon receipt
of an application for a certificate of exemption, the Agency shall examine the
application and, within 30 days after receipt, notify the applicant in writing
of any apparent errors or omissions and request any additional information
required.
(7) Requested information
omitted from an application for a certificate of exemption must be filed with
the Agency within 21 days after the Agency's request for omitted information or
the application shall be deemed incomplete and shall be withdrawn from further
consideration and the fees shall be forfeited.
(8) An application for a certificate of
exemption from health care clinic licensure shall be granted or denied by the
Agency within 60 days of receipt of a completed application.
(9) A certificate of exemption, unless sooner
surrendered or revoked, shall automatically expire two years from the date of
issuance, and shall be renewable biennially, provided that the applicant and
facility continues to meet the requirements established under chapter 400, part
X, F.S., and rule 59A-33.006, F.A.C.
(10) An application for renewal of the
certificate of exemption must be submitted to the Agency 60 to 120 days prior
to the date of expiration of the certificate of exemption.
(11) An application to change the name or
address of the certificate of exemption must be submitted to the Agency 21 to
120 days in advance of the requested effective date.
(12) Whenever an entity discontinues
operation, the entity shall notify the Agency in writing, prior to the
discontinuance of operation, by submitting a letter to the Hospital and
Outpatient Services Unit, 2727 Mahan Drive, Mail Stop #53, Tallahassee, Florida
32308 or via email at Hospitals@ahca.myflorida.com, including the effective
date of closure. The entity shall remain responsible for retaining and
appropriately distributing all medical records.
(13) If the applicant is required to register
or file with the Florida Secretary of State, Division of Corporations, the
principal, fictitious name and mailing addresses submitted with the licensure
application for the applicant must be the same as the information registered
with the Division of Corporations.
(14) An entity becomes a "clinic" as defined
in section 400.9905(4),
F.S., when it does not qualify for an exemption, provides health care services
to individuals, and bills third-party payers for those services. A facility or
entity's exempt status expires when a change occurs that negates a facility or
entity's qualification for the exemption. In such a case, the health care
clinic must file with the Agency a license application under sections 400.900 -
400.995, F.S. and shall be
subject to all provisions applicable to unlicensed health care clinics. Failure
to timely file an application for licensure of becoming a health care clinic
will render the health care clinic unlicensed and subject the owners, medical
or clinic directors and the health care clinic to sanctions under sections
400.900 - 400.995, F.S.
(15) The Agency will deny or revoke a
certificate of exemption for the following actions by the applicant or owner:
(a) False representation of a material fact
in the application for a certificate of exemption or omission of any material
fact from the application.
(b)
Failure to meet exemption criteria in section
400.9905, F.S.
(c) Failure to meet criteria in section (16)
of this rule.
(16)
Certificates of exemption are not transferable, directly or indirectly. They
are valid only for the entity, qualifying owners, licenses, registrations,
certifications and services provided under specific statutory exemptions and
are valid only for the specific exemption claimed and granted. In order for a
certificate of exemption to be valid, the entity must apply for and receive an
amended certificate of exemption for changes of name or
location.
Notes
Rulemaking Authority 400.9925 FS. Law Implemented 400.9905(4), 400.9925, 400.9935 FS.
New 8-28-06, Amended 2-12-15, 5-9-19.
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