The Florida Senate

400.471  Application for license; fee; provisional license; temporary permit.--

(1)  Application for an initial license or for renewal of an existing license must be made under oath to the Agency for Health Care Administration on forms furnished by it and must be accompanied by the appropriate license fee as provided in ¹subsection (7). The agency must take final action on an initial licensure application within 60 days after receipt of all required documentation.

(2)  The applicant must file with the application satisfactory proof that the home health agency is in compliance with this part and applicable rules, including:

(a)  A listing of services to be provided, either directly by the applicant or through contractual arrangements with existing providers;

(b)  The number and discipline of professional staff to be employed; and

(c)  Proof of financial ability to operate.

(3)  An applicant for initial licensure must demonstrate financial ability to operate by submitting a balance sheet and income and expense statement for the first 2 years of operation which provide evidence of having sufficient assets, credit, and projected revenues to cover liabilities and expenses. The applicant shall have demonstrated financial ability to operate if the assets, credit, and projected revenues meet or exceed projected liabilities and expenses. All documents required under this subsection must be prepared in accordance with generally accepted accounting principles and signed by a certified public accountant.

(4)  The home health agency must also obtain and maintain liability insurance. Proof of liability insurance, as defined in s. 624.605, must be submitted with the application. The Agency for Health Care Administration shall set the required amounts of liability insurance by rule, but the required amount must not be less than $250,000 per claim.

(5)  Sixty days before the expiration date, an application for renewal must be submitted to the Agency for Health Care Administration under oath on forms furnished by it, and a license must be renewed if the applicant has met the requirements established under this part and applicable rules. The home health agency must file with the application satisfactory proof that it is in compliance with this part and applicable rules. The home health agency must submit satisfactory proof of its financial ability to comply with the requirements of this part.

(6)  When transferring the ownership of a home health agency, the transferee must submit an application for a license at least 60 days before the effective date of the transfer. If the home health agency is being leased, a copy of the lease agreement must be filed with the application.

(7)  The license fee and annual renewal fee required of a home health agency is nonrefundable. The Agency for Health Care Administration shall set the fees in an amount that is sufficient to cover its costs in carrying out its responsibilities under this part, but not to exceed $1,000. However, state, county, or municipal governments applying for licenses under this part are exempt from the payment of license fees. All fees collected under this part must be deposited in the Health Care Trust Fund for the administration of this part.

(8)  The license must be displayed in a conspicuous place in the administrative office of the home health agency and is valid only while in the possession of the person to which it is issued. The license may not be sold, assigned, or otherwise transferred, voluntarily or involuntarily, and is valid only for the home health agency and location for which originally issued.

(9)  A home health agency against whom a revocation or suspension proceeding is pending at the time of license renewal may be issued a provisional license effective until final disposition by the Agency for Health Care Administration of such proceedings. If judicial relief is sought from the final disposition, the court that has jurisdiction may issue a temporary permit for the duration of the judicial proceeding.

(10)  The department shall not issue a license designated as certified to a home health agency which fails to receive a certificate of need under the provisions of ss. 408.031-408.045.

History.--s. 41, ch. 75-233; s. 7, ch. 77-400; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; s. 45, ch. 87-92; s. 4, ch. 90-319; ss. 4, 23, ch. 93-214; s. 30, ch. 97-100.

¹Note.--Substituted by the editors for a reference to subsection (4) incident to the compilation of ch. 93-214.