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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

 

 

Senate Bill 39 Allows Up to $100 Million in Business Incentive Credits for Transformational Mixed-Use Development in the State of Ohio

Ohio Governor Mike DeWine signed Senate Bill 39 on December 29, 2020, which created a new tax credit applicable to insurance premium taxes. This tax credit is designed to provide funding for a transformational mixed- use development or “TMUD” in the state of Ohio.

Medicaid Announces Next Generation of Managed Care Organizations

For the first time since 2005, the Ohio Department of Medicaid (“ODM”) made significant changes to the structure of the Medicaid program by finalizing the Medicaid Managed Care Procurement process. The Procurement process began in 2019 at the behest of Governor Mike DeWine who had a goal to make Medicaid managed care more focused on the health and well-being of individuals.

BMD Appellate Win Clarifies Waiver of Contractual Right to Arbitrate

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Relief for Ohio Under the Federal American Rescue Plan Act

On March 11, 2021, President Biden signed the American Rescue Plan Act (the “Act”) — a $1.9 trillion COVID-19 relief package — a significant portion of which will be directed to the State of Ohio to support economic recovery, as outlined below.

Cleveland Manufacturer Violated OFAC Sanctions By Allowing Shipments To Iran - Know Your Customer and Know Their Customer

UniControl, Inc., a Cleveland, Ohio manufacturer of process controls, airflow pressure switches, boiler controls and other instruments, agreed to pay the Office of Foreign Assets Control “OFAC,” the financial enforcement agency of the U.S. Treasury Department, $216,464 to settle its liabilities for violations of the Iran Sanctions Program. OFAC stated that “this enforcement action highlights the importance of identifying and assessing multiple warning signs that indicate a foreign trade partner may be re-exporting goods to a sanctioned jurisdiction.”