Fla. Admin. Code R. 59A-35.120

Current through Reg. 50, No. 235-239, December 10, 2024

Section 59A-35.120 - Inspections

(1) When regulatory violations are identified by the Agency:

(a) Deficiencies must be corrected within 30 days of the date the Agency sends the deficiency notice to the provider, unless an alternative timeframe is required or approved by the Agency.

(b) The Agency may conduct an unannounced follow-up inspection or off-site review to verify correction of deficiencies at any time.

(2) If an inspection is completed through off-site record review, any records requested by the Agency in conjunction with the review, must be received within 7 days of request and provided at no cost to the Agency. Each licensee shall maintain the records including medical and treatment records of a client and provide access to the Agency.

(3) Providers that are exempt from Agency inspections due to accreditation oversight as prescribed in authorizing statutes must provide:

(a) Documentation from the accrediting agency including the name of the accrediting agency, the beginning and expiration dates of the provider's accreditation, accreditation status and type must be submitted at the time of license application, or within 21 days of accreditation.

(b) Documentation of each accreditation inspection including the accreditation organization's report of findings, the provider's response and the final determination must be submitted within 21 days of final determination or the provider is no longer exempt from Agency inspection.

(4) Providers may be exempt from routine Agency licensure inspections as a 'low-risk provider' defined in Section 408.803(10), F.S., if they meet the following criteria during the prior 30 months:

(a) Applicants for initial, renewal, change of ownership, or other license that do not share any common controlling interests with a provider that had a Class I, a Class II, or 3 or more uncorrected Class III deficiencies, license denial or revocation issued by the Agency, or an emergency action issued by the Agency pursuant to Section 120.60, F.S., including moratoria, license restriction, or suspension.

(b) Renewal applicants may be exempt from a biennial inspection if they have no:

1. Class I, Class II, or 3 or more uncorrected Class III deficiencies,

2. Substantiated complaints resulting in a Class I, a Class II, or 3 or more uncorrected Class III deficiencies.

3. Emergency actions issued by the Agency pursuant to Section 120.60, F.S., including moratoria, license restriction, or suspension.

4. Renewal applicants cannot be exempt from two consecutive biennial licensure inspections.

(5) This rule is in effect for five years from its effective date.

Fla. Admin. Code Ann. R. 59A-35.120

Rulemaking Authority 408.819, 408.811 FS. Law Implemented 408.811, 408.806 FS.

New 7-14-10, Amended by Florida Register Volume 47, Number 086, May 4, 2021 effective 5/17/2021.

New 7-14-10, Amended 5-17-21.