Laura MacLafferty, Unit Manager |
Ambulatory Surgical Center
An ambulatory surgery center (ASC) is a licensed facility that is not part of a hospital and that may also be Medicaid/Medicare certified. The primary purpose of this type of facility is to provide elective surgical care. The patient is admitted to and discharged from the facility within the same working day. Overnight stays are not permitted.
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State of Florida Certificate of Exemptions previously required to perform clinical laboratory tests in the waived category are no longer issued. For more information, visit the Laboratory Licensure Unit web page for waived laboratories. Effective September 1, 2010, application processing of clinical laboratory licenses (non-waived testing) under the same ownership/control as the ASC will be the responsibility of the Agency's Hospital & Outpatient Services Unit. Unless expiring sooner, clinical laboratory renewal applications will be due when the next ASC renewal application is due and all applications will be reviewed concurrently.
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Initial Licensure
Initial applicants must contact the Agency’s Office of Plans and Construction (850) 412-4477 for compliance with appropriate building code before applying for licensure. Any application for licensure submitted prior to having a project review will be returned. Applications and supporting forms (see application for checklist) must be submitted at least 60 days but no more than 120 days prior to the anticipated opening date. As a general rule, an appropriate time to submit a licensure application is when the 100% physical plant inspection is scheduled by the Agency's Office of Plans and Construction. The licensure application fee is $1,608 and the survey/inspection fee is $400. Applications submitted without the appropriate fees will not be accepted. Possession of a license is required prior to providing patient care.
Change of Ownership Licensure
Chapter 408.803, Florida Statutes defines a change of ownership as...(a) An event in which the licensee sells or otherwise transfers its ownership to a different individual or entity as evidenced by a change in federal employer identification number or taxpayer identification number; or (b) An event in which 51 percent or more of the ownership, shares, membership, or controlling interest of a licensee is in any manner transferred or otherwise assigned. This paragraph does not apply to a licensee that is publicly traded on a recognized stock exchange. A change solely in the management company or board of directors is not a change of ownership.
A licensure application, supporting forms (see application checklist) and information listed below must be submitted at least 60 days prior to the change of ownership. The change of ownership application fee is $1,608. Application requirements are similar to initial licensure requirements with addition of statements from the buyer affirming any physical plant deficiencies will be corrected. In addition, an affirmation from the buyer and seller that any outstanding fees owed the State (owed by either party), will be paid, identifying who will pay and when. Documentation signed by the buyer and seller that will substantiate the change of ownership has occurred must be submitted before the application can be approved and license issued in the name of the new licensee.
Licensure Renewal
A licensure application and the supporting forms must be submitted at least 60 days prior to the current license expiration date. A late fee of $50 per day, up to a maximum of $500 will apply to any application received less than 60 days prior to expiration. A renewal application will not be accepted if the ambulatory surgical center license is expired. Expired licenses may be reactivated by applying as an initial applicant. The renewal application fee is $1,608.
(See ASC fee increase letter.)
Medicare Certification Requirements
Medicare certification for initial enrollment or change of ownership is achieved by adherence to requirements in 42 Code of Federal Regulations, Part 416. This includes submission of the following to the Agency for Health Care Administration, Hospital and Outpatient Services Unit:
- Medicare Administrative Contractor Choice Form
- Health Insurance Benefits Agreement -- 2 copies required (Form CMS 370)
- Request for certification in Medicare/Medicaid program (Form CMS 377)
- Assurance of Compliance (Form HHS 690)
In addition, a CMS Form 855B must be submitted to the Florida Medicare Administrative Contractor.
Accredited Ambulatory Surgical Centers
Ambulatory Surgical Centers accredited by a national accrediting organization approved by the Agency may be exempt from annual licensing surveys if the accreditation award letter and a copy of the complete accreditation report, including any corrective actions are submitted to the Agency for review. Verification of Medicare deemed status must also be submitted, if the accrediting organization does not include it in the award letter.
License validation surveys are conducted each year by the Agency on a minimum of five percent of the facilities that have received accreditation. Validation surveys are completed within a year from the accreditation organization's survey date. For Additional information on accreditation contact the accrediting organization linked below.
Background Screening
A level 2 background screen is required of the administrator responsible for the day to day operations of the facility and the chief financial officer. Please visit the Agency's background screening web page for additional information regarding vendors, fees, locations etc. Background screens must be repeated every 5 years.
State and Federal Regulations
| Chapter 395, Part 1, Florida Statutes | ASC & Hospital Licensure Requirements |
| Chapter 59A-5, Florida Administrative Code | Hospital Licensure Rules |
| Chapter 59A-10, Florida Administrative Code | Internal Risk Management Program |
| Chapter 408, Part II, Florida Statutes | Agency General Licensure Requirements |
| Chapter 59A-35, Florida Administrative Code | Agency General Licensure Rules |
| Title 42 Code of Federal Regulations (CFR) | To search all of Title 42 |
| Part 416 | Ambulatory Surgical Services |
| CMS State Operations Manual | Resource for program requirements and interpretive guidelines |
Forms
| Form Number | Name | For | Description |
Recommended Form AHCA Form 3130-2001 |
Health Care Licensing Application - Ambulatory Surgical Center |
All application types | Standard ambulatory surgical center application required to apply for or modify a license. |
| AHCA Form 3130-2001, available on the AHCA forms web page, became effective with the promulgation of Chapter 59A-35, Florida Administrative Code. Some regulatory changes have not yet been incorporated into the form. The recommended form above includes the other changes that will be made to AHCA Form 3130-2001. Please note the following corrections: License fee is $1,608; do not include background screening fees; do not submit fingerprint cards to AHCA. | |||
| AHCA Form 3110-1024 | Health Care Licensing Addendum | Initial |
Please provide this confidential information to comply with the reporting requirements pursuant to Chapter 408, Part II, Florida Statutes. |
| AHCA Form 3130-2003 | Emergency Management Planning Criteria for Ambulatory Surgical Centers | Initial |
Provides an outline to develop an emergency management plan. The plan must be approved by the county emergency operations center annually. |
| AHCA Form 3100-0008 | Affidavit of Compliance with Background Screening Requirements | Initial |
Use this form to document a current level 2 background screen performed via another state agency in lieu of submitting a fingerprint card and fee to a LiveScan vendor. Screen results must be attached. |
| AHCA Form 3170-2004 | Initial |
For non-waived clinical laboratory testing. Clinical laboratory licenses under the same ownership/control as the ambulatory surgical center must concurrently submit a clinical laboratory application. | |
| Other documents and supporting forms | |||
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Initial |
Internal AHCA memo signifying compliance with Florida Building Code and which lists the beds (Class C operating rooms and recovery beds) eligible for licensure. | |
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Initial |
Articles of incorporation or similarly titled document as filed with the Florida Department of State | |
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Initial |
Any documentation from a local government identifying the facility is in compliance with local zoning requirements | |
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Initial | Specific documentation from a local government granting the right to occupy a facility. | |
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Initial |
Contract between the licensee and a management company for management services | |
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Change of Ownership | Bill of Sale or similar document signed by the buyer and seller indicating the date of transfer of ownership. | |
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Change of Ownership | Statement from the buyer assuring any uncorrected life-safety code deficiencies will be corrected timely. | |
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Change of Ownership | Statement from the buyer identifying any outstanding balance owed AHCA (buyer or seller), and indicating who will pay and when. | |
Updated February 9, 2012

