There has been speculation and confusion among Behavior Analysis Service providers throughout the State of Florida regarding licensure through the Agency for Health Care Administration (AHCA).
In 2019, AHCA now requires all Applied Behavioral Analysis (ABA) provider groups to be licensed as a Health Care Clinic. All ABA providers are required to be licensed by December 2020.
Per Section, 400.9905, Florida Statutes also known as The Health Care Clinic Act defines a “Health Care Clinic” as “ means an entity where health care services are provided to individuals and which tenders charges for reimbursement for such services, including a mobile clinic and a portable equipment provider.”
Health care services now includes behavior analysis services.
Some providers may qualify for the healthcare clinic exemption, which also requires a separate AHCA application. However, AHCA will make the determination of whether an entity qualifies for an exemption from licensure, ONLY after the application for licensure has been submitted and review.
The AHCA Licensure process can be tricky and can take several months to acquire. Do not wait until the last minute to begin the process. We suggest seeking the advice and assistance of a professional familiar with the process.
The Health Care Clinic application does require access to the AHCA background screening portal, in which all employees will be subject to a Level II background check. The application also requires the extensive Proof of Financial Ability to Operate, which requires the signature of a licensed CPA. We suggest seeking a professional that is familiar with the Proof of Financial Ability to operate. Through our practice, we have worked with many highly capable CPAs who were not familiar with this form, and which can lead to many costly errors, loss of time and denial of license.
In our practice, we rely upon our experiences in handing AHCA applications and assist those through the application process, including responding to “Omission Notices” and also the “Notice of Intent to Deny”
Do not go at this process alone, as it can be tricky and without proper guidance, can lead to denial of licensure.