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Client Alert: AHCA License Alert: What Every Behavior Analysis Provider Should Know!

 

By July 1, 2020 the Florida Agency for Health Care Administration (“AHCA”) will require that all Behavior Analysis (“BA”) Groups have either (1) a health care clinic license or (2) an exemption from licensure as a health care clinic under Fla. Stat. 400.9905(4)(g).  A link to the statute is here.  

BA Groups will only qualify for an exemption if (1) all of its owners are Florida-licensed health care practitioners (i.e. Licensed Mental Health Counselor), or (2) the BA Group is owned by a combination of Florida-licensed health care practitioner and the spouse, parent, child, or sibling of the Florida-licensed health care practitioner owner. 

 BA Groups that do not qualify for the exemption must file an application for Licensure as a Health Care Clinic with AHCA.  As part of the application process, BA Groups will need to complete a Proof of Financial Ability to Operate.  Additionally, BA Groups will need to complete Level 2 Background screenings for all employees and owners who will have contact with patients and/or access to patient information.  Health Care Clinic Licensure applications need to be filed at least 60 – 120 days prior to the effective date; therefore, for a license to be effective by July 1, 2020 the application will need to be submitted no later than May 2, 2020.

For additional information regarding updates to AHCA’s Behavior Analysis Policy please refer to the Frequently Asked Questions Specific to Providers of Behavior Analysis Services.

If you would like copies of the regulations, need legal assistance with filing your AHCA Health Care License application or Exemption application, or have any questions concerning these matters, please contact:

Member, Executive Committee
Licensed in Ohio & Florida
P: 330.253.9185
C: 330.351.1945
F: 330.253.9187

 

CLIENT ALERT: CMS Unveils New Price Transparency Rules

On November 15th, the Trump administration put forth two long-anticipated rules that increase price transparency for both hospitals and insurers. These rules are a step toward price transparency across the health care industry and are in furtherance of the Trump administration’s goal of empowering healthcare consumers. The finalized rule and the proposed rule strive to make pricing information more available to healthcare consumers so they can make informed health care decisions. Through price transparency, consumers should expect to see a reduction in healthcare costs in the future. In order to provide hospitals enough time for compliance with the new requirements, the effective date of the finalized rule is January 1, 2021. The comment period for the proposed rule is open until January 14, 2020.

CLIENT ALERT: IRS Announces 401(k) and HSA Contribution Limits for 2020

With 2020 just around the corner, the IRS announced important information for the upcoming year for both 401(k) Contributions and Health Saving Accounts (HSAs).

CLIENT ALERT: U.S. Department of Labor, Wage and Hour Division Sets Enforcement Record

In advance of Halloween, the U.S. Department of Labor announced the results of its Wage and Hour Division's (WHD) recovery efforts for Fiscal Year 2019, and it reads like a horror story. The good news to lull you into a feeling of safety was that the 18,844 Complaints Registered was the fewest amount over the past 22 years or published records.

CLIENT ALERT: Will Ohio Recognize a Biddle Claim in a Post-HIPAA World?

OHIO SUPREME COURT WILL HEAR CASE INVOLVING CLASS ACTION FOR ALLEGED HIPAA VIOLATIONS: Will Ohio Recognize a Biddle Claim in a Post-HIPAA World?

CLIENT ALERT: Proposed New Rules to both the Stark Law and the Anti-Kickback Statute

On October 9, 2019, as part of the “Regulatory Sprint to Coordinate Care,” the Centers for Medicare and Medicaid Services (“CMS”), along with the US Department of Health and Human Services, Office of Inspector General (“OIG”), proposed new rules to both the physician self-referral law (“Stark Law”) and the Anti-Kickback Statute (“AKS”). Rule changes are aimed at fostering innovative arrangements for coordinating care consistent with a shift to a value-based system. Both proposed rules are expected to be published to the Federal Register on October 17, 2019. Public comments are due 75 days after publication.