Bureau of Health Facility Regulation
Home Care Unit
2727 Mahan Drive - Mail Stop #34
Tallahassee, FL 32308
(850) 414-6010 Phone
(850) 922-5374 Fax
email: HQAHOMEHEALTH@ahca.myflorida.com
HOME HEALTH AGENCIES
Regulatory Update Presentation, including changes in state law effective July 1, 2009
New state laws effective July 1, 2009 - Memo on 2009 law changes for home health agencies
Florida Statutes, including law changes from 2009 Florida Legislature
Chapter 400, Part III, F.S. 2009 – home health agencies
Chapter 408, Part II, F.S. 2009 – for home health agencies and all licensed providers
State Rules - Florida Administrative Code, Chapter 59A-8
- Notice of Rule Development. Workshop to get suggestions for state licensure rule revisions to be held on November 12, 2009, 1 to 4 – see document and agenda attached for more information. Preliminary draft rule for discussion at workshop is also attached. You can participate by telephone by calling in to (888) 808-6959, conference code 8509220791 . Written suggestions and comments are welcome – send to the Home Care Unit – see email, fax and mailing address this page. Another rule draft will be prepared based on the comments at the workshop and posted here with an opportunity to submit comments in the future. An additional rule development workshop at a future date will be posted here too. If you have questions about the workshop, please call Anne Menard at (850) 414-6010.
State Regulation Set used by surveyors (has not yet been updated for 2009 state law changes)
Federal Regulation Set used by surveyors, Appendix B of CMS State Operations Manual
Licensure Application and Forms for Initial, Renewal and Change of Ownership
- Application AHCA form 3110-1011
- Financial Schedules AHCA 3100-0009
- For financial schedules in Excel format, email HQAHOMEHEALTH@ahca.myflorida.com.
- Health Care Licensing Addendum
- Attestation of Compliance with Distance Requirements
- Affidavit of Compliance with Background Screening for Administrator AHCA 3100-0008
- Affidavit of Good Moral Character to be signed by Alternate Administrator
- Affidavit of Compliance with Screening AHCA 3110-1014
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Affidavit to be submitted by Financial Officer if proof of compliance is provided instead of fingerprint cards (see Background Screening information below)
NOTE: If after reviewing the application forms and statutory and rule requirements on our website you have additional questions, please call (850) 414-6010. Staff will be happy to answer questions that clarify the requirements as they apply to your specific situation, but cannot walk you through the application. Filling out the application is part of your responsibility as an applicant. The Agency's role in this process is to evaluate your application and, if there are elements missing from your application once submitted, provide you with an omissions response that gives you another opportunity to complete the application successfully. If you need extensive assistance in filling out your application, we would advise you to retain an attorney or a government relations consultant to assist you.
- Notice to all Licensed Home Health Agencies:
- Address Requirements :
- the applicant shares common controlling interests (owners, board of directors, officers, members, etc.) with another licensed home health agency that is located within 10 miles of the applicant and
- is in the same county.
- Personnel Changes
- A current resume
- A fingerprint card or proof of level 2 background screening. Proof of prior screening can only be accepted if (1) it is less than 5 years old and (2) it was done by AHCA, the Department of Children and Families, the Department of Health, or the Agency for Persons with Disabilities
- A notarized Affidavit of Compliance with Background Screening, AHCA Form 3100-0008, October 2009 (see form above under the Initial Licensure Application or below under the Renewal Licensure Application)
- A current resume
- A notarized Affidavit of Good Moral Character, AHCA Form 3110-0001, October 2009 (see “Affidavit of Good Moral Character to be signed by Staff” below)
- NEW Director of Nursing Requirements effective July 1, 2008 per Section400.476 (2) (a) through (c), F.S:
- may not operate for more than 30 calendar days without a director of nursing;
- AHCA Home Care Unit must be notified within 10 business days after termination of the services of the director of nursing;
- the home health agency must notify AHCA Home Care Unit within 10 days after the new director of nursing is hired.
- the home health agency commits a class II deficiency
- AHCA may, in addition to the fine, issue a moratorium or revoke the license
- $1,000 for the first violation and
- $2,000 for a repeat violation
- A current resume
- Copy of current Florida RN license
- Cover letter notifying AHCA that this is an appointment or the resignation of a Director of Nursing
- have identical controlling interests
- are located in the same geographic service area or in one contiguous county
- have identical controlling interests
- are located in the same geographic service area or in one contiguous county and
- have a registered nurse delegate who meets the same qualifications as the director of nursing at each of the agencies who has a written delegation from the director of nursing to serve in his or her absence
- A current resume
- Copy of current Florida RN license
Initial and CHOW applicants for licensure must submit: (1) proof of legal right to occupy the property (per section 408.810(6), Florida Statutes) -- proof may include copies of a lease, rental agreement, warranty deeds or contracts for deed and (2) INITIAL applicants must also include evidence of zoning which includes either a certificate of use, certificate of occupancy or a letter from the zoning department stating that the location is zoned appropriately as a home health agency
Effective July 1, 2008: AHCA may not issue an initial license to an applicant for a home health agency if
The agency will return the application and the licensure fees. (Section 400.471 (7), Florida Statutes)
Change in Address: Notify the AHCA Home Care Unit 14 days in advance of an address change, including changes in suite numbers. Zoning documentation & evidence of legal right to property, as described above, must be submitted. There is a $500 fine if AHCA does not receive the notification of a change in address 14 days in advance of the change.
Home health agencies must notify the AHCA Home Care Unit of any changes in the administrator or alternate administrator prior to or on the date of change (Section 59A-8.0095(1)(b) Florida Administrative Code).
For the Administrator send:
For the Alternate Administrator send:
Effective July 1, 2008, home health agencies offering skilled nursing care:
If the home health agency that provides skilled nursing care operates for more than 30 days without a director of nursing:
AHCA shall fine a home health agency that fails to notify the agency
For the Director of Nursing notification to AHCA send to Charlene Corley by mail or fax (850) 922 5374 or e-mail corleych@ahca.myflorida.com :
Directors of Nursing may manage up to 2 agencies that:
Directors of Nursing may manage up to 5 agencies that:
For the Registered Nurse Delegate notification to AHCA send:
Background Screening information
Affidavit of Good Moral Character to be signed by staff & Alternate Administrator
Emergency Management Plan
Emergency Management Plan Format - NO emergency management plans should be sent to the Office of Public Health Nursing in Tallahassee
Change in Plan review procedures (Department of Health Memo dated November 6, 2006)
Requirement for Information and Training on Alzheimer's Disease and Related Disorders
Questions & answers on the training & information requirements
Information to give to staff - here is an example that can be used
Dept of Elder Affairs state rules on the training for home health agencies, 58A-8, Florida Administrative Code: https://www.flrules.org/gateway/ChapterHome.asp?Chapter=58A-8
CMS Medicare Home Health Agency Manual
October 23, 2007 Memo from Liz Dudek
Approval Process for Medicare Branch Home Health Agency Offices
Medicaid Home Health Services Handbook
October 23, 2007 Memo from Liz Dudek
Approval Process for Medicaid Branch Home Health Agencies - see page 1-5 of Medicaid Home Health Services Handbook.
For agencies that plan to get Medicare or Medicaid, you may obtain a copy of the OASIS Start-Up Survival Guide on the Florida OASIS Webpage. If you continue to need assistance with OASIS, please call the Florida OASIS Help Desk at 1-800-900-1962.
Home health aide competency test - this is available to licensed home health agencies only. Contact the Home Care Unit by calling (850) 414-6010 or email beneshj@ahca.myflorida.com.
Health Care Advanced Directives
List of licensed agencies - www.FloridaHealthFinder.gov
