Effective: 6-16-05

59C-1.022 Health Care Facilities Fee Assessments and Fee Collection Procedures

(1) Health Care Facilities Subject to Assessment. In accordance with subsection 408.033 (2), F.S., the following health care facilities and health care service providers, licensed or certified by the Agency for Health Care Administration, shall be assessed an annual fee to be collected by the agency within the time frames specified in subsection (4):

(a) Abortion clinics licensed under Chapter 390, F.S.

(b) Assisted living facilities licensed under Part III, Chapter 400, F.S.

(c) Ambulatory surgery centers licensed under Part I, Chapter 395, F.S.

(d) Birthing centers licensed under Chapter 383, F.S.

(e) Clinical laboratories licensed under Part I, Chapter 483, F.S., except community nonprofit blood banks and clinical laboratories operated by practitioners for exclusive use regulated under section 483.035 F.S.

(f) Health maintenance organizations and prepaid health clinics certified under Part III, Chapter 641, F.S.

(g) Home health agencies licensed under Part IV III, Chapter 400, F.S.

(h) Hospices licensed under Part VI I, Chapter 400, F.S.

(i) Hospitals licensed under Part I, Chapter 395, F.S.

(j) Intermediate care facilities for developmentally disabled persons licensed under Part XI, Chapter 400, F.S.

(k) Nursing homes licensed under Part II, Chapter 400, F.S.

• Multiphasic testing centers licensed under Part II, Chapter 483, F.S.
• Health care clinics licensed under Part XIII, Chapter 400, F.S.

(2) Health Care Facilities Exempted from Fee Assessments. Facilities operated by the Department of Children and Families, the Department of Health or the Department of Corrections, and any hospital which meets the definition of a rural hospital pursuant to subsection 395.602, F.S., are exempted from the health care facility assessment.

(3) Health Care Facility Assessments. The fee amount for each health care facility and health care service provider regulated under this rule shall be established annually by the agency.

(a) Hospitals, nursing homes, and assisted living facilities shall be assessed a fee according to the following per bed charges:

1. Hospitals shall be assessed $2 per bed not to exceed a total of $500 per facility based on a bed inventory established by the agency as of July 1 of each year.

2. Nursing homes shall be assessed $2 per bed not to exceed a total of $500 per facility based on a bed inventory established by the agency as of July 1 of each year.

3. Assisted living facilities shall be assessed $1 per bed not to exceed $150 per facility based on a bed inventory established by the agency as of July 1 of each year.

(b) Other health care facilities subject to a health care facility assessment, as specified in paragraph (1)(a), (c), (d), (e), (f), (g), (h), (j), (l) and (m), shall be assessed an annual fee of $150.

(4) Billing and Collection Process. The agency shall bill each regulated facility not later than August 10 of each year. The agency shall collect annually, by September 1 of each year, an assessment from all facilities listed in paragraphs (1)(a) through (m) in accordance with the fee schedule specified in paragraphs (3)(a) and (3)(b).

(5) Delinquent Account. The health care facility assessment is considered delinquent when the assessment is not received by the agency within 45 calendar days after September 1 of each year.

(6) Notification of Delinquency. The agency shall send, by certified mail, delinquency notices, not later than 10 days prior to the delinquency date, indicating when the assessment will become delinquent.

(7) Penalties. In accordance with paragraph 408.033 (23)(e), the agency shall impose a fine of $100 per day, not to exceed the total annual assessment amount of $150 and $500, after the assessment becomes delinquent as specified in subsection (5). Refusal by a health care facility to pay the annual assessment or fine shall result in forfeiture procedures. Refusal of payment is defined as non-payment by the provider of the assessment or fine within 60 days of receipt of the delinquency notice.

(8) Dishonored Checks. The agency shall assess a service charge for each returned check of five percent of the face value of the check or $15, whichever is greater.

Specific Authority: 408.15(8),408.033 (2), 408.034 (6), F.S.

Law Implemented: 408.033 (2),215.34(2) , F.S.

History: New 12-7-88, Amended 11-29-89, 12-5-90,8-19-91.

6-16-05. Formerly 10-5.022.