I. NEW BACKGROUND SCREENING REQUIREMENTS (CLICK HERE)
II. PROOF OF FINANCIAL ABILITY TO OPERATE (PFA)
A new “proof of financial ability to operate” law goes into effect on July 1, 2009. This means that applications for INITIAL or CHANGE OF OWNERSHIP licenses received by the Agency on or after that date must include the new financial projection standards required in Paragraphs 408.8065 (1)(a)-(c), Florida Statutes. The Agency highly recommends the use of the new form linked below because this form, if properly completed by a licensed CPA, will demonstrate compliance with the new law. If you do not use this form, your CPA must still comply with the new standards in Paragraphs 408.8065 (1)(a)-(c), Florida Statues.
PFA SCHEDULES FORM & INSTRUCTIONS
Any proof of financial ability to operate documents submitted to the Agency fall under the “Sunshine” law and would be available for public inspection, if requested. The only items that would not be available would be items that are exempt from public inspection, which include personal health care information protected under HIPAA and account numbers on items like bank statements. Public records are governed by Chapter 119, Florida Statutes. The Agency does not have the authority to grant a public records exemption.
III. REPORTING CHANGES
Any changes in a licensed clinic's information must be reported to the agency within 21 calendar days from the effective date of the change. This includes but is not limited to information contained in the most recently submitted application for licensure, such as any controlling interest change of 5 percent or more (Important - see definition of change of ownership), change of address, new employees, change of medical or clinic director, change in facility name, and bond (if any), [See s. 408.810 (3), Florida Statutes]
IV. SURETY BOND REQUIREMENT
In addition, for initial, renewal, or change of ownership license applications for a health care clinic received by the Agency on or after July 1, 2009, applicants and controlling interests [owners of at least 5% of the business entity, sole proprietors and partners] who are nonimmigrant aliens*, as described in 8 U.S.C. s. 1101 (a) (15) must file a surety bond of at least $500,000, payable to the agency, which guarantees that the health care clinic will act in full conformity with all legal requirements for operation. A $500,000 bond must be obtained in compliance with Subsection 408.8065 (2), Florida Statutes. A surety bond form can be found at the end of AHCA FORM 3110-0013 Revised.
* Definition of Nonimmigrant Alien - A person who is not a citizen of the United States who enters the country is allowed to stay in the United States for a specific reason and for a limited amount of time. The person must have a permanent home outside of the United States and have Immigration and Naturalization Service (INS) approval as nonimmigrant, meaning the person is in the United States and cannot stay here or become a United States citizen. A list of some of the persons who can come into the United States as non immigrants include: government officials from other countries, visitors in the United States for business and pleasure, persons who are traveling through the United States to go to another country, some business traders and investors, students, some business people from other countries who work for companies outside the United States, workers and trainees who will be in the United States for a limited period of time, international media like newspaper reporters, exchange visitors, persons who are engaged to be married to U.S. citizens, business people who have been transferred to the United States by their companies, NATO officials, religious workers, and some others. Most non immigrants can be joined by wives or husbands and children who are not married (or dependent) children. Note: The Agency has paraphrased the definition of Nonimmigrant Alien supplied by the Department of Homeland Security. The definition above is for the convenience of the reader only and is not substitute for the text of the United States Code. |
|---|
