Responding to the Omissions Notice.

The changes in Florida’s Medicaid enrollment and participation rules and regulations require that many previously unlicensed behavior analysis entities seek either licensure as health care clinic or seek exemption from licensure. See our previous post for additional facts regarding same here.

As a result, many behavior analysis providers will need to file for licensure with the Agency for Health Care Administration (AHCA and/or Agency) and be licensed on or before July 1, 2020. The application process is typically handled in three to four steps, including: preparation and submission of the initial application together with the Proof of Financial Ability to Operate (PFA); preparation of the policies and procedures and training of staff for the onsite survey; receipt and timely response to the Omissions Notice; coordination with AHCA and all required staff for the onsite survey; and, finally issuance of the biannual license.

Although all steps are important, we would stress that every facility be mindful of the Omissions Notice and the need to timely respond within twenty-one (21) days from receipt. Otherwise, the provider may be forced to appeal the intent to deny or withdraw the application including forfeiture of the application fees.

Note that the Omissions Notice will notify the provider of its only notice concerning issues needed to further process the application to completion, including errors in the application, missing professional licenses for the medical or clinical director, incomplete employee roster, incomplete background screening, missing schedules or incomplete schedules to the PFA, etc. . . Thus, it is imperative that the Provider have a designated contact person in charge of the application who will receive the Omissions Notice and who can oversee the preparation and submission of the initial application, a person who can coordinate and communicate on behalf of the provider with provider’s certified public accountant and/or health care consultant, as well as the contact person who will act as the provider’s liaison with the Agency for all communications concerning the application as well as timely responding to the Omissions Notice.

We strongly recommend that a provider seeking initial or exemption from licensure as a health care clinic seek and retain legal counsel who can be that designated/contact person and who can oversee, review, prepare and coordinate the application process from initial submission to issuance of the license or at minimum as the designated person responsible to the provider’s response to the Omissions Notice.

Our firm can assist and provide legal guidance to all providers seeking licensure as a health care clinic license or responding to the Omissions Notice, or filing the provider’s election of rights to contest or challenge the intent to deny either via the informal or formal proceedings. If you need assistance, please do not hesitate to contact Mr. Rafael (Ralph) Gaitan, Esq., who is experienced in these matters. Mr. Gaitan can be reached at (786) 440-8115 or via email at [email protected].