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CLIENT ALERT UPDATE: AHCA License Alert

IMPORTANT UPDATE:  AHCA updated its website to clarify 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) by December 1, 2020.  Florida Medicaid has also updated Section 9.5, Appendix E of the Florida Medicaid Enrollment Policy, which confirms the December 1, 2020 date.  This date extends the previously published date from July 1, 2020 to December 1, 2020. 

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. 

BA Groups that qualify for the exemption must still file an Application for Certificate of Exemption as a Health Care Clinic with AHCA.

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 December 1, 2020 the application will need to be submitted no later than September 30, 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

 

 

El Contrato Escrito: La Herramienta Predilecta

No existe mejor herramienta a una disputa contractual que un documento firmado por las partes en el cual se expongan las obligaciones y acuerdos entre éstas.

New State Budget Institutes Licensure Requirement for Ohio’s Hospitals

On July 1, 2021, Governor Mike DeWine signed Ohio’s final budget codified at Ohio Revised Code 3722.01 et seq., which includes a new licensing requirement for Ohio’s hospitals. For years, Ohio was the only state in the country that did not license its hospitals. This approach will now be replaced with new, detailed requirements that will require careful review and compliance. Here are some of the highlights concerning these new changes:

Healthcare Provisions in the Ohio FY 22-23 Budget

Governor Mike DeWine signed Ohio’s Fiscal Year 2022-2023 budget bill (HB 110) into law on July 1, 2021. At almost 1,000 pages and 74.1 billion dollars, the budget lays out the State’s spending for the next two years. Below are a few highlighted provisions from the budget that will be important for the healthcare industry in Ohio

Interim Final Rule for Surprise Billing

In an effort to implement the new bipartisan No Surprises Act, on July 1, 2021, the Department of Health and Human Services (HHS), along with the Departments of Labor and Treasury, issued an interim final rule to safeguard patients against unforeseen medical bills arising from out-of-network care.

President Biden Seeks to Limit Non-Compete Agreements

Today, President Biden announced he would issue an Executive Order that calls on the Federal Trade Commission (FTC) to adopt rules to curtail worker non-compete agreements. Interestingly, a week ago, the FTC approved changes to its Rules of Practice to modernize and expedite the way it issues Trade Regulation Rules. If you have followed our alerts, we predicted the elimination of non-competes would probably happen. In 2016, then-Vice President Biden was a vocal opponent against non-compete agreements. He led the Obama administration’s initiative seeking to limit or eliminate non-compete agreements. In his presidential campaign, Biden promised to “work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets . . ..”