Health Facility Regulation | Hospital and Outpatient Services | Abortion Clinics | Ambulatory Surgery Centers | Birth Centers | Comprehensive Outpatient Rehab. Centers | Crisis Stabilization Units and Short Term Residential Treatment Facilities | Diagnostic Imaging | Hospitals | Partial Hospitalization Programs | Portable X-ray | Rehabilitation Agencies | Residential Treatment Centers for Children and Adolescents | Residential Treatment Facilities | Risk Manager | Rural Health Clinics | Utilization Review

Laura MacLafferty, Unit Manager
Hospital & Outpatient Services Unit
Bureau of Health Facility Regulation
2727 Mahan Drive, Mail Stop #31
Tallahassee, Florida 32308
Telephone: (850) 412-4549
Fax: (850) 922-4351
Email: Laura.MacLafferty@ahca.myflorida.com


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.




Special Note to ASCs Operating Non-Waived Clinical Laboratories

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.

  • Clinical laboratory licenses expiring more than 120 days before the ASC license must submit a renewal application to extend the expiration date to match the ASC expiration date. Applications submitted less than 60 days prior to the laboratory license expiration date will be subject to a late fee.

  • Clinical laboratory licenses expiring 120 days or less before the ASC license must submit an application to extend the expiration date as above and for the following biennium (2-year licensure period); however, documents do not need to be duplicated.

  • Clinical laboratory licenses expiring any time after the ASC license must submit a renewal application at the same time as the ASC license.

  • Renewal reminder letters will include information to prorate the laboratory licensure fee.

  • Any clinical laboratory applications not received with the ASC renewal application (as appropriate) will be cited as an omission to the ASC application and may cause administrative action to be taken against all licenses under the control of the licensee.

  • Separate ASC and clinical laboratory licenses will be issued, although the expiration date of the clinical laboratory license will be aligned with the ASC expiration date.

  • Changes to the clinical laboratory license application process will not affect the CLIA certificate or scheduling of inspections.

  • A clinical laboratory renewal application is available on this web page. Regulatory references and additional lab related information can be found on the Laboratory Licensure page.

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

ASC

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:

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.

  • The Joint Commission
  • Accreditation Association for Ambulatory Health Care, Inc (AAAHC)
  • 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

    State Licensure
    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

    Federal Certification
    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
    Change of Ownership
    Renewal

    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
    Change of Ownership

    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
    Change of Ownership
    Renewal

    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

    Clinical Laboratory Applications

    Initial
    Change of Ownership
    Renewal
    Miscellaneous

    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

    Bed Memo

    Initial
    Any bed changes

    Internal AHCA memo signifying compliance with Florida Building Code and which lists the beds (Class C operating rooms and recovery beds) eligible for licensure.

    Business Articles

    Initial
    Change of Ownership

    Articles of incorporation or similarly titled document as filed with the Florida Department of State

    Compliance with zoning requirements

    Initial
    Change of Ownership

    Any documentation from a local government identifying the facility is in compliance with local zoning requirements

    Certificate of Occupancy

    Initial Specific documentation from a local government granting the right to occupy a facility.

    Management Agreement

    Initial
    Change of Ownership

    Contract between the licensee and a management company for management services

    Closing Document

    Change of Ownership Bill of Sale or similar document signed by the buyer and seller indicating the date of transfer of ownership.

    Statement of outstanding deficiencies

    Change of Ownership Statement from the buyer assuring any uncorrected life-safety code deficiencies will be corrected timely.

    Statement of outstanding payments due

    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

    Top

    Health Facility Regulation | Hospital and Outpatient Services | Abortion Clinics | Ambulatory Surgery Centers | Birth Centers | Comprehensive Outpatient Rehab. Centers | Crisis Stabilization Units and Short Term Residential Treatment Facilities | Diagnostic Imaging | Hospitals | Partial Hospitalization Programs | Portable X-ray | Rehabilitation Agencies | Residential Treatment Centers for Children and Adolescents | Residential Treatment Facilities | Risk Manager | Rural Health Clinics | Utilization Review

    Reporting Medicaid Fraud