House Bill 0591c1
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    Florida House of Representatives - 2000              CS/HB 591
        By the Committee on Health Care Licensing & Regulation and
    Representatives Minton, Tullis, Johnson and Greenstein
  1                      A bill to be entitled
  2         An act relating to health care services;
  3         amending s. 400.471, F.S.; deleting the
  4         certificate-of-need requirement for licensure
  5         of Medicare-certified home health agencies;
  6         amending s. 400.606, F.S.; conforming to the
  7         act provisions relating to certificate-of-need
  8         requirements for hospice licensure; amending s.
  9         408.032, F.S.; adding definitions of
10         "exemption" and "mental health services";
11         deleting the definitions of "home health
12         agency," "institutional health service,"
13         "intermediate care facility," "multifacility
14         project," and "respite care"; amending s.
15         408.033, F.S.; deleting references to the state
16         health plan; amending s. 408.034, F.S.;
17         deleting a reference to licensing of home
18         health agencies by the Agency for Health Care
19         Administration; amending s. 408.035, F.S.;
20         deleting obsolete certificate-of-need review
21         criteria and revising other criteria; amending
22         s. 408.036, F.S.; revising provisions relating
23         to projects subject to review; deleting
24         references to Medicare-certified home health
25         agencies; deleting the review of certain
26         acquisitions; specifying the types of bed
27         increases subject to review; deleting cost
28         overruns from review; deleting review of
29         combinations or division of nursing home
30         certificates of need; providing for expedited
31         review of certain conversions of licensed
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  1         hospital beds; deleting the requirement for an
  2         exemption for initiation or expansion of
  3         obstetric services, provision of respite care
  4         services, establishment of a Medicare-certified
  5         home health agency, or provision of a health
  6         service exclusively on an outpatient basis;
  7         providing a sunset date for review of the
  8         establishment of a hospice program or hospice
  9         inpatient facility; providing exemptions for
10         combinations or divisions of nursing home
11         certificates of need and additions of certain
12         hospital beds and nursing home beds within
13         specified limitations; requiring a fee for each
14         request for exemption; amending s. 408.037,
15         F.S.; deleting reference to the state health
16         plan; amending ss. 408.038, 408.039, 408.044,
17         and 408.045, F.S.; replacing "department" with
18         "agency"; clarifying the opportunity to
19         challenge an intended award of a certificate of
20         need; amending s. 408.040, F.S.; deleting an
21         obsolete reference; revising the format of
22         conditions related to Medicaid; creating a
23         certificate-of-need workgroup within the Agency
24         for Health Care Administration; providing for
25         expenses; providing membership, duties, and
26         meetings; providing for termination; amending
27         s. 401.25, F.S.; providing that certain
28         municipalities may issue the certificate of
29         public convenience and necessity required for
30         licensure as a basic or an advanced life
31         support service; repealing s. 400.464(3), F.S.,
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  1         relating to home health agency licenses
  2         provided to certificate-of-need exempt
  3         entities; providing effective dates.
  4
  5  Be It Enacted by the Legislature of the State of Florida:
  6
  7         Section 1.  Subsections (2) and (11) of section
  8  400.471, Florida Statutes, are amended to read:
  9         400.471  Application for license; fee; provisional
10  license; temporary permit.--
11         (2)  The applicant must file with the application
12  satisfactory proof that the home health agency is in
13  compliance with this part and applicable rules, including:
14         (a)  A listing of services to be provided, either
15  directly by the applicant or through contractual arrangements
16  with existing providers;
17         (b)  The number and discipline of professional staff to
18  be employed; and
19         (c)  Proof of financial ability to operate.
20
21  If the applicant has applied for a certificate of need under
22  ss. 408.0331-408.045 within the preceding 12 months, the
23  applicant may submit the proof required during the
24  certificate-of-need process along with an attestation that
25  there has been no substantial change in the facts and
26  circumstances underlying the original submission.
27         (11)  The agency may not issue a license designated as
28  certified to a home health agency that fails to receive a
29  certificate of need under ss. 408.031-408.045 or that fails to
30  satisfy the requirements of a Medicare certification survey
31  from the agency.
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  1         Section 2.  Subsections (5) and (6) of section 400.606,
  2  Florida Statutes, are amended to read:
  3         400.606  License; application; renewal; conditional
  4  license or permit; certificate of need.--
  5         (5)  The agency shall not issue a license to a hospice
  6  that fails to receive a certificate of need if required under
  7  the provisions of ss. 408.031-408.045. A licensed hospice is a
  8  health care facility as that term is used in s. 408.039(5) and
  9  is entitled to initiate or intervene in an administrative
10  hearing.
11         (6)  A freestanding hospice facility that is primarily
12  engaged in providing inpatient and related services and that
13  is not otherwise licensed as a health care facility shall be
14  required to obtain a certificate of need if required under the
15  provisions of ss. 408.031-408.045. However, a freestanding
16  hospice facility with six or fewer beds shall not be required
17  to comply with institutional standards such as, but not
18  limited to, standards requiring sprinkler systems, emergency
19  electrical systems, or special lavatory devices.
20         Section 3.  Section 408.032, Florida Statutes, is
21  amended to read:
22         408.032  Definitions.--As used in ss. 408.031-408.045,
23  the term:
24         (1)  "Agency" means the Agency for Health Care
25  Administration.
26         (2)  "Capital expenditure" means an expenditure,
27  including an expenditure for a construction project undertaken
28  by a health care facility as its own contractor, which, under
29  generally accepted accounting principles, is not properly
30  chargeable as an expense of operation and maintenance, which
31  is made to change the bed capacity of the facility, or
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  1  substantially change the services or service area of the
  2  health care facility, health service provider, or hospice, and
  3  which includes the cost of the studies, surveys, designs,
  4  plans, working drawings, specifications, initial financing
  5  costs, and other activities essential to acquisition,
  6  improvement, expansion, or replacement of the plant and
  7  equipment.
  8         (3)  "Certificate of need" means a written statement
  9  issued by the agency evidencing community need for a new,
10  converted, expanded, or otherwise significantly modified
11  health care facility, health service, or hospice.
12         (4)  "Commenced construction" means initiation of and
13  continuous activities beyond site preparation associated with
14  erecting or modifying a health care facility, including
15  procurement of a building permit applying the use of
16  agency-approved construction documents, proof of an executed
17  owner/contractor agreement or an irrevocable or binding forced
18  account, and actual undertaking of foundation forming with
19  steel installation and concrete placing.
20         (5)  "District" means a health service planning
21  district composed of the following counties:
22         District 1.--Escambia, Santa Rosa, Okaloosa, and Walton
23  Counties.
24         District 2.--Holmes, Washington, Bay, Jackson,
25  Franklin, Gulf, Gadsden, Liberty, Calhoun, Leon, Wakulla,
26  Jefferson, Madison, and Taylor Counties.
27         District 3.--Hamilton, Suwannee, Lafayette, Dixie,
28  Columbia, Gilchrist, Levy, Union, Bradford, Putnam, Alachua,
29  Marion, Citrus, Hernando, Sumter, and Lake Counties.
30         District 4.--Baker, Nassau, Duval, Clay, St. Johns,
31  Flagler, and Volusia Counties.
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  1         District 5.--Pasco and Pinellas Counties.
  2         District 6.--Hillsborough, Manatee, Polk, Hardee, and
  3  Highlands Counties.
  4         District 7.--Seminole, Orange, Osceola, and Brevard
  5  Counties.
  6         District 8.--Sarasota, DeSoto, Charlotte, Lee, Glades,
  7  Hendry, and Collier Counties.
  8         District 9.--Indian River, Okeechobee, St. Lucie,
  9  Martin, and Palm Beach Counties.
10         District 10.--Broward County.
11         District 11.--Dade and Monroe Counties.
12         (6)  "Exemption" means the process by which a proposal
13  that would otherwise require a certificate of need may proceed
14  without a certificate of need.
15         (7)(6)  "Expedited review" means the process by which
16  certain types of applications are not subject to the review
17  cycle requirements contained in s. 408.039(1), and the letter
18  of intent requirements contained in s. 408.039(2).
19         (8)(7)  "Health care facility" means a hospital,
20  long-term care hospital, skilled nursing facility, hospice,
21  intermediate care facility, or intermediate care facility for
22  the developmentally disabled. A facility relying solely on
23  spiritual means through prayer for healing is not included as
24  a health care facility.
25         (9)(8)  "Health services" means diagnostic, curative,
26  or rehabilitative services and includes alcohol treatment,
27  drug abuse treatment, and mental health services.
28         (9)  "Home health agency" means an organization, as
29  defined in s. 400.462(4), that is certified or seeks
30  certification as a Medicare home health service provider.
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  1         (10)  "Hospice" or "hospice program" means a hospice as
  2  defined in part VI of chapter 400.
  3         (11)  "Hospital" means a health care facility licensed
  4  under chapter 395.
  5         (12)  "Institutional health service" means a health
  6  service which is provided by or through a health care facility
  7  and which entails an annual operating cost of $500,000 or
  8  more.  The agency shall, by rule, adjust the annual operating
  9  cost threshold annually using an appropriate inflation index.
10         (13)  "Intermediate care facility" means an institution
11  which provides, on a regular basis, health-related care and
12  services to individuals who do not require the degree of care
13  and treatment which a hospital or skilled nursing facility is
14  designed to provide, but who, because of their mental or
15  physical condition, require health-related care and services
16  above the level of room and board.
17         (12)(14)  "Intermediate care facility for the
18  developmentally disabled" means a residential facility
19  licensed under chapter 393 and certified by the Federal
20  Government pursuant to the Social Security Act as a provider
21  of Medicaid services to persons who are mentally retarded or
22  who have a related condition.
23         (13)(15)  "Long-term care hospital" means a hospital
24  licensed under chapter 395 which meets the requirements of 42
25  C.F.R. s. 412.23(e) and seeks exclusion from the Medicare
26  prospective payment system for inpatient hospital services.
27         (14)  "Mental health services" means inpatient services
28  provided in a hospital licensed under chapter 395 and listed
29  on the hospital license as psychiatric beds for adults;
30  psychiatric beds for children and adolescents; intensive
31  residential treatment beds for children and adolescents;
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  1  substance abuse beds for adults; or substance abuse beds for
  2  children and adolescents.
  3         (16)  "Multifacility project" means an integrated
  4  residential and health care facility consisting of independent
  5  living units, assisted living facility units, and nursing home
  6  beds certificated on or after January 1, 1987, where:
  7         (a)  The aggregate total number of independent living
  8  units and assisted living facility units exceeds the number of
  9  nursing home beds.
10         (b)  The developer of the project has expended the sum
11  of $500,000 or more on the certificated and noncertificated
12  elements of the project combined, exclusive of land costs, by
13  the conclusion of the 18th month of the life of the
14  certificate of need.
15         (c)  The total aggregate cost of construction of the
16  certificated element of the project, when combined with other,
17  noncertificated elements, is $10 million or more.
18         (d)  All elements of the project are contiguous or
19  immediately adjacent to each other and construction of all
20  elements will be continuous.
21         (15)(17)  "Nursing home geographically underserved
22  area" means:
23         (a)  A county in which there is no existing or approved
24  nursing home;
25         (b)  An area with a radius of at least 20 miles in
26  which there is no existing or approved nursing home; or
27         (c)  An area with a radius of at least 20 miles in
28  which all existing nursing homes have maintained at least a 95
29  percent occupancy rate for the most recent 6 months or a 90
30  percent occupancy rate for the most recent 12 months.
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  1         (18)  "Respite care" means short-term care in a
  2  licensed health care facility which is personal or custodial
  3  and is provided for chronic illness, physical infirmity, or
  4  advanced age for the purpose of temporarily relieving family
  5  members of the burden of providing care and attendance.
  6         (16)(19)  "Skilled nursing facility" means an
  7  institution, or a distinct part of an institution, which is
  8  primarily engaged in providing, to inpatients, skilled nursing
  9  care and related services for patients who require medical or
10  nursing care, or rehabilitation services for the
11  rehabilitation of injured, disabled, or sick persons.
12         (17)(20)  "Tertiary health service" means a health
13  service which, due to its high level of intensity, complexity,
14  specialized or limited applicability, and cost, should be
15  limited to, and concentrated in, a limited number of hospitals
16  to ensure the quality, availability, and cost-effectiveness of
17  such service. Examples of such service include, but are not
18  limited to, organ transplantation, specialty burn units,
19  neonatal intensive care units, comprehensive rehabilitation,
20  and medical or surgical services which are experimental or
21  developmental in nature to the extent that the provision of
22  such services is not yet contemplated within the commonly
23  accepted course of diagnosis or treatment for the condition
24  addressed by a given service.  The agency shall establish by
25  rule a list of all tertiary health services.
26         (18)(21)  "Regional area" means any of those regional
27  health planning areas established by the agency to which local
28  and district health planning funds are directed to local
29  health councils through the General Appropriations Act.
30
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  1         Section 4.  Paragraph (b) of subsection (1) and
  2  paragraph (a) of subsection (3) of section 408.033, Florida
  3  Statutes, are amended to read:
  4         408.033  Local and state health planning.--
  5         (1)  LOCAL HEALTH COUNCILS.--
  6         (b)  Each local health council may:
  7         1.  Develop a district or regional area health plan
  8  that permits is consistent with the objectives and strategies
  9  in the state health plan, but that shall permit each local
10  health council to develop strategies and set priorities for
11  implementation based on its unique local health needs.  The
12  district or regional area health plan must contain preferences
13  for the development of health services and facilities, which
14  may be considered by the agency in its review of
15  certificate-of-need applications.  The district health plan
16  shall be submitted to the agency and updated periodically. The
17  district health plans shall use a uniform format and be
18  submitted to the agency according to a schedule developed by
19  the agency in conjunction with the local health councils. The
20  schedule must provide for coordination between the development
21  of the state health plan and the district health plans and for
22  the development of district health plans by major sections
23  over a multiyear period.  The elements of a district plan
24  which are necessary to the review of certificate-of-need
25  applications for proposed projects within the district may be
26  adopted by the agency as a part of its rules.
27         2.  Advise the agency on health care issues and
28  resource allocations.
29         3.  Promote public awareness of community health needs,
30  emphasizing health promotion and cost-effective health service
31  selection.
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  1         4.  Collect data and conduct analyses and studies
  2  related to health care needs of the district, including the
  3  needs of medically indigent persons, and assist the agency and
  4  other state agencies in carrying out data collection
  5  activities that relate to the functions in this subsection.
  6         5.  Monitor the onsite construction progress, if any,
  7  of certificate-of-need approved projects and report council
  8  findings to the agency on forms provided by the agency.
  9         6.  Advise and assist any regional planning councils
10  within each district that have elected to address health
11  issues in their strategic regional policy plans with the
12  development of the health element of the plans to address the
13  health goals and policies in the State Comprehensive Plan.
14         7.  Advise and assist local governments within each
15  district on the development of an optional health plan element
16  of the comprehensive plan provided in chapter 163, to assure
17  compatibility with the health goals and policies in the State
18  Comprehensive Plan and district health plan.  To facilitate
19  the implementation of this section, the local health council
20  shall annually provide the local governments in its service
21  area, upon request, with:
22         a.  A copy and appropriate updates of the district
23  health plan;
24         b.  A report of hospital and nursing home utilization
25  statistics for facilities within the local government
26  jurisdiction; and
27         c.  Applicable agency rules and calculated need
28  methodologies for health facilities and services regulated
29  under s. 408.034 for the district served by the local health
30  council.
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  1         8.  Monitor and evaluate the adequacy, appropriateness,
  2  and effectiveness, within the district, of local, state,
  3  federal, and private funds distributed to meet the needs of
  4  the medically indigent and other underserved population
  5  groups.
  6         9.  In conjunction with the Agency for Health Care
  7  Administration, plan for services at the local level for
  8  persons infected with the human immunodeficiency virus.
  9         10.  Provide technical assistance to encourage and
10  support activities by providers, purchasers, consumers, and
11  local, regional, and state agencies in meeting the health care
12  goals, objectives, and policies adopted by the local health
13  council.
14         11.  Provide the agency with data required by rule for
15  the review of certificate-of-need applications and the
16  projection of need for health services and facilities in the
17  district.
18         (3)  DUTIES AND RESPONSIBILITIES OF THE AGENCY.--
19         (a)  The agency, in conjunction with the local health
20  councils, is responsible for the coordinated planning of all
21  health care services in the state and for the preparation of
22  the state health plan.
23         Section 5.  Subsection (2) of section 408.034, Florida
24  Statutes, is amended to read:
25         408.034  Duties and responsibilities of agency;
26  rules.--
27         (2)  In the exercise of its authority to issue licenses
28  to health care facilities and health service providers, as
29  provided under chapters 393, 395, and parts II, IV, and VI of
30  chapter 400, the agency may not issue a license to any health
31  care facility, health service provider, hospice, or part of a
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  1  health care facility which fails to receive a certificate of
  2  need or an exemption for the licensed facility or service.
  3         Section 6.  Section 408.035, Florida Statutes, is
  4  amended to read:
  5         408.035  Review criteria.--
  6         (1)  The agency shall determine the reviewability of
  7  applications and shall review applications for
  8  certificate-of-need determinations for health care facilities
  9  and health services in context with the following criteria:
10         (1)(a)  The need for the health care facilities and
11  health services being proposed in relation to the applicable
12  district health plan, except in emergency circumstances that
13  pose a threat to the public health.
14         (2)(b)  The availability, quality of care, efficiency,
15  appropriateness, accessibility, and extent of utilization of,
16  and adequacy of like and existing health care facilities and
17  health services in the service district of the applicant.
18         (3)(c)  The ability of the applicant to provide quality
19  of care and the applicant's record of providing quality of
20  care.
21         (d)  The availability and adequacy of other health care
22  facilities and health services in the service district of the
23  applicant, such as outpatient care and ambulatory or home care
24  services, which may serve as alternatives for the health care
25  facilities and health services to be provided by the
26  applicant.
27         (e)  Probable economies and improvements in service
28  which may be derived from operation of joint, cooperative, or
29  shared health care resources.
30         (4)(f)  The need in the service district of the
31  applicant for special health care equipment and services that
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  1  are not reasonably and economically accessible in adjoining
  2  areas.
  3         (5)(g)  The needs of need for research and educational
  4  facilities, including, but not limited to, facilities with
  5  institutional training programs and community training
  6  programs for health care practitioners and for doctors of
  7  osteopathic medicine and medicine at the student, internship,
  8  and residency training levels.
  9         (6)(h)  The availability of resources, including health
10  personnel, management personnel, and funds for capital and
11  operating expenditures, for project accomplishment and
12  operation.; the effects the project will have on clinical
13  needs of health professional training programs in the service
14  district; the extent to which the services will be accessible
15  to schools for health professions in the service district for
16  training purposes if such services are available in a limited
17  number of facilities; the availability of alternative uses of
18  such resources for the provision of other health services; and
19         (7)  The extent to which the proposed services will
20  enhance access to health care for be accessible to all
21  residents of the service district.
22         (8)(i)  The immediate and long-term financial
23  feasibility of the proposal.
24         (j)  The special needs and circumstances of health
25  maintenance organizations.
26         (k)  The needs and circumstances of those entities that
27  provide a substantial portion of their services or resources,
28  or both, to individuals not residing in the service district
29  in which the entities are located or in adjacent service
30  districts.  Such entities may include medical and other health
31  professions, schools, multidisciplinary clinics, and specialty
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  1  services such as open-heart surgery, radiation therapy, and
  2  renal transplantation.
  3         (9)(l)  The extent to which the proposal will foster
  4  competition that promotes quality and cost-effectiveness. The
  5  probable impact of the proposed project on the costs of
  6  providing health services proposed by the applicant, upon
  7  consideration of factors including, but not limited to, the
  8  effects of competition on the supply of health services being
  9  proposed and the improvements or innovations in the financing
10  and delivery of health services which foster competition and
11  service to promote quality assurance and cost-effectiveness.
12         (10)(m)  The costs and methods of the proposed
13  construction, including the costs and methods of energy
14  provision and the availability of alternative, less costly, or
15  more effective methods of construction.
16         (11)(n)  The applicant's past and proposed provision of
17  health care services to Medicaid patients and the medically
18  indigent.
19         (o)  The applicant's past and proposed provision of
20  services that promote a continuum of care in a multilevel
21  health care system, which may include, but are not limited to,
22  acute care, skilled nursing care, home health care, and
23  assisted living facilities.
24         (12)(p)  The applicant's designation as a Gold Seal
25  Program nursing facility pursuant to s. 400.235, when the
26  applicant is requesting additional nursing home beds at that
27  facility.
28         (2)  In cases of capital expenditure proposals for the
29  provision of new health services to inpatients, the agency
30  shall also reference each of the following in its findings of
31  fact:
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  1         (a)  That less costly, more efficient, or more
  2  appropriate alternatives to such inpatient services are not
  3  available and the development of such alternatives has been
  4  studied and found not practicable.
  5         (b)  That existing inpatient facilities providing
  6  inpatient services similar to those proposed are being used in
  7  an appropriate and efficient manner.
  8         (c)  In the case of new construction or replacement
  9  construction, that alternatives to the construction, for
10  example, modernization or sharing arrangements, have been
11  considered and have been implemented to the maximum extent
12  practicable.
13         (d)  That patients will experience serious problems in
14  obtaining inpatient care of the type proposed, in the absence
15  of the proposed new service.
16         (e)  In the case of a proposal for the addition of beds
17  for the provision of skilled nursing or intermediate care
18  services, that the addition will be consistent with the plans
19  of other agencies of the state responsible for the provision
20  and financing of long-term care, including home health
21  services.
22         Section 7.  Section 408.036, Florida Statutes, is
23  amended to read:
24         408.036  Projects subject to review.--
25         (1)  APPLICABILITY.--Unless exempt under subsection
26  (3), all health-care-related projects, as described in
27  paragraphs (a)-(h)(k), are subject to review and must file an
28  application for a certificate of need with the agency. The
29  agency is exclusively responsible for determining whether a
30  health-care-related project is subject to review under ss.
31  408.031-408.045.
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  1         (a)  The addition of beds by new construction or
  2  alteration.
  3         (b)  The new construction or establishment of
  4  additional health care facilities, including a replacement
  5  health care facility when the proposed project site is not
  6  located on the same site as the existing health care facility.
  7         (c)  The conversion from one type of health care
  8  facility to another, including the conversion from one level
  9  of care to another, in a skilled or intermediate nursing
10  facility, if the conversion effects a change in the level of
11  care of 10 beds or 10 percent of total bed capacity of the
12  skilled or intermediate nursing facility within a 2-year
13  period.  If the nursing facility is certified for both skilled
14  and intermediate nursing care, the provisions of this
15  paragraph do not apply.
16         (d)  An Any increase in the total licensed bed capacity
17  of a health care facility.
18         (e)  Subject to the provisions of paragraph (3)(f)(i),
19  the establishment of a Medicare-certified home health agency,
20  the establishment of a hospice or hospice inpatient facility,
21  or the direct provision of such services by a health care
22  facility or health maintenance organization for those other
23  than the subscribers of the health maintenance organization;
24  except that this paragraph does not apply to the establishment
25  of a Medicare-certified home health agency by a facility
26  described in paragraph (3)(h).
27         (f)  An acquisition by or on behalf of a health care
28  facility or health maintenance organization, by any means,
29  which acquisition would have required review if the
30  acquisition had been by purchase.
31
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  1         (f)(g)  The establishment of inpatient institutional
  2  health services by a health care facility, or a substantial
  3  change in such services.
  4         (h)  The acquisition by any means of an existing health
  5  care facility by any person, unless the person provides the
  6  agency with at least 30 days' written notice of the proposed
  7  acquisition, which notice is to include the services to be
  8  offered and the bed capacity of the facility, and unless the
  9  agency does not determine, within 30 days after receipt of
10  such notice, that the services to be provided and the bed
11  capacity of the facility will be changed.
12         (i)  An increase in the cost of a project for which a
13  certificate of need has been issued when the increase in cost
14  exceeds 20 percent of the originally approved cost of the
15  project, except that a cost overrun review is not necessary
16  when the cost overrun is less than $20,000.
17         (g)(j)  An increase in the number of beds for acute
18  care, specialty burn units, neonatal intensive care units,
19  comprehensive rehabilitation, mental health services, or
20  hospital-based distinct part skilled nursing units, or at a
21  long-term care hospital psychiatric or rehabilitation beds.
22         (h)(k)  The establishment of tertiary health services.
23         (2)  PROJECTS SUBJECT TO EXPEDITED REVIEW.--Unless
24  exempt pursuant to subsection (3), projects subject to an
25  expedited review shall include, but not be limited to:
26         (a)  Cost overruns, as defined in paragraph (1)(i).
27         (a)(b)  Research, education, and training programs.
28         (b)(c)  Shared services contracts or projects.
29         (c)(d)  A transfer of a certificate of need.
30         (d)(e)  A 50-percent increase in nursing home beds for
31  a facility incorporated and operating in this state for at
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  1  least 60 years on or before July 1, 1988, which has a licensed
  2  nursing home facility located on a campus providing a variety
  3  of residential settings and supportive services.  The
  4  increased nursing home beds shall be for the exclusive use of
  5  the campus residents.  Any application on behalf of an
  6  applicant meeting this requirement shall be subject to the
  7  base fee of $5,000 provided in s. 408.038.
  8         (f)  Combination within one nursing home facility of
  9  the beds or services authorized by two or more certificates of
10  need issued in the same planning subdistrict.
11         (g)  Division into two or more nursing home facilities
12  of beds or services authorized by one certificate of need
13  issued in the same planning subdistrict.  Such division shall
14  not be approved if it would adversely affect the original
15  certificate's approved cost.
16         (e)(h)  Replacement of a health care facility when the
17  proposed project site is located in the same district and
18  within a 1-mile radius of the replaced health care facility.
19         (f)  The conversion of mental health services beds
20  licensed under chapter 395 or hospital-based distinct part
21  skilled nursing unit beds to general acute care beds; the
22  conversion of mental health services beds between or among the
23  licensed bed categories defined as beds for mental health
24  services; or the conversion of general acute care beds to beds
25  for mental health services.
26         1.  Conversion under this paragraph shall not establish
27  a new licensed bed category at the hospital but shall apply
28  only to categories of beds licensed at that hospital.
29         2.  Beds converted under this paragraph must be
30  licensed and operational for at least 12 months before the
31
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  1  hospital may apply for additional conversion affecting beds of
  2  the same type.
  3
  4  The agency shall develop rules to implement the provisions for
  5  expedited review, including time schedule, application content
  6  which may be reduced from the full requirements of s.
  7  408.037(1), and application processing.
  8         (3)  EXEMPTIONS.--Upon request, the following projects
  9  are subject to supported by such documentation as the agency
10  requires, the agency shall grant an exemption from the
11  provisions of subsection (1):
12         (a)  For the initiation or expansion of obstetric
13  services.
14         (a)(b)  For replacement of any expenditure to replace
15  or renovate any part of a licensed health care facility on the
16  same site, provided that the number of licensed beds in each
17  licensed bed category will not increase and, in the case of a
18  replacement facility, the project site is the same as the
19  facility being replaced.
20         (c)  For providing respite care services. An individual
21  may be admitted to a respite care program in a hospital
22  without regard to inpatient requirements relating to admitting
23  order and attendance of a member of a medical staff.
24         (b)(d)  For hospice services or home health services
25  provided by a rural hospital, as defined in s. 395.602, or for
26  swing beds in such rural hospital in a number that does not
27  exceed one-half of its licensed beds.
28         (c)(e)  For the conversion of licensed acute care
29  hospital beds to Medicare and Medicaid certified skilled
30  nursing beds in a rural hospital as defined in s. 395.602, so
31  long as the conversion of the beds does not involve the
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  1  construction of new facilities. The total number of skilled
  2  nursing beds, including swing beds, may not exceed one-half of
  3  the total number of licensed beds in the rural hospital as of
  4  July 1, 1993. Certified skilled nursing beds designated under
  5  this paragraph, excluding swing beds, shall be included in the
  6  community nursing home bed inventory.  A rural hospital which
  7  subsequently decertifies any acute care beds exempted under
  8  this paragraph shall notify the agency of the decertification,
  9  and the agency shall adjust the community nursing home bed
10  inventory accordingly.
11         (d)(f)  For the addition of nursing home beds at a
12  skilled nursing facility that is part of a retirement
13  community that provides a variety of residential settings and
14  supportive services and that has been incorporated and
15  operated in this state for at least 65 years on or before July
16  1, 1994. All nursing home beds must not be available to the
17  public but must be for the exclusive use of the community
18  residents.
19         (e)(g)  For an increase in the bed capacity of a
20  nursing facility licensed for at least 50 beds as of January
21  1, 1994, under part II of chapter 400 which is not part of a
22  continuing care facility if, after the increase, the total
23  licensed bed capacity of that facility is not more than 60
24  beds and if the facility has been continuously licensed since
25  1950 and has received a superior rating on each of its two
26  most recent licensure surveys.
27         (h)  For the establishment of a Medicare-certified home
28  health agency by a facility certified under chapter 651; a
29  retirement community, as defined in s. 400.404(2)(g); or a
30  residential facility that serves only retired military
31  personnel, their dependents, and the surviving dependents of
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  1  deceased military personnel. Medicare-reimbursed home health
  2  services provided through such agency shall be offered
  3  exclusively to residents of the facility or retirement
  4  community or to residents of facilities or retirement
  5  communities owned, operated, or managed by the same corporate
  6  entity. Each visit made to deliver Medicare-reimbursable home
  7  health services to a home health patient who, at the time of
  8  service, is not a resident of the facility or retirement
  9  community shall be a deceptive and unfair trade practice and
10  constitutes a violation of ss. 501.201-501.213.
11         (f)(i)  For the establishment of a hospice or hospice
12  inpatient facility Medicare-certified home health agency. This
13  paragraph shall take effect July 1, 2003, with conforming
14  changes elsewhere in ss. 408.031-408.045 90 days after the
15  adjournment sine die of the next regular session of the
16  Legislature occurring after the legislative session in which
17  the Legislature receives a report from the Director of Health
18  Care Administration certifying that the federal Health Care
19  Financing Administration has implemented a per-episode
20  prospective pay system for Medicare-certified home health
21  agencies.
22         (g)(j)  For an inmate health care facility built by or
23  for the exclusive use of the Department of Corrections as
24  provided in chapter 945. This exemption expires when such
25  facility is converted to other uses.
26         (k)  For an expenditure by or on behalf of a health
27  care facility to provide a health service exclusively on an
28  outpatient basis.
29         (h)(l)  For the termination of an inpatient a health
30  care service, upon 30 days' written notice to the agency.
31
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  1         (i)(m)  For the delicensure of beds, upon 30 days'
  2  written notice to the agency. A request for exemption An
  3  application submitted under this paragraph must identify the
  4  number, the category of beds classification, and the name of
  5  the facility in which the beds to be delicensed are located.
  6         (j)(n)  For the provision of adult inpatient diagnostic
  7  cardiac catheterization services in a hospital.
  8         1.  In addition to any other documentation otherwise
  9  required by the agency, a request for an exemption submitted
10  under this paragraph must comply with the following criteria:
11         a.  The applicant must certify it will not provide
12  therapeutic cardiac catheterization pursuant to the grant of
13  the exemption.
14         b.  The applicant must certify it will meet and
15  continuously maintain the minimum licensure requirements
16  adopted by the agency governing such programs pursuant to
17  subparagraph 2.
18         c.  The applicant must certify it will provide a
19  minimum of 2 percent of its services to charity and Medicaid
20  patients.
21         2.  The agency shall adopt licensure requirements by
22  rule which govern the operation of adult inpatient diagnostic
23  cardiac catheterization programs established pursuant to the
24  exemption provided in this paragraph. The rules shall ensure
25  that such programs:
26         a.  Perform only adult inpatient diagnostic cardiac
27  catheterization services authorized by the exemption and will
28  not provide therapeutic cardiac catheterization or any other
29  services not authorized by the exemption.
30         b.  Maintain sufficient appropriate equipment and
31  health personnel to ensure quality and safety.
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  1         c.  Maintain appropriate times of operation and
  2  protocols to ensure availability and appropriate referrals in
  3  the event of emergencies.
  4         d.  Maintain appropriate program volumes to ensure
  5  quality and safety.
  6         e.  Provide a minimum of 2 percent of its services to
  7  charity and Medicaid patients each year.
  8         3.a.  The exemption provided by this paragraph shall
  9  not apply unless the agency determines that the program is in
10  compliance with the requirements of subparagraph 1. and that
11  the program will, after beginning operation, continuously
12  comply with the rules adopted pursuant to subparagraph 2.  The
13  agency shall monitor such programs to ensure compliance with
14  the requirements of subparagraph 2.
15         b.(I)  The exemption for a program shall expire
16  immediately when the program fails to comply with the rules
17  adopted pursuant to sub-subparagraphs 2.a., b., and c.
18         (II)  Beginning 18 months after a program first begins
19  treating patients, the exemption for a program shall expire
20  when the program fails to comply with the rules adopted
21  pursuant to sub-subparagraphs 2.d. and e.
22         (III)  If the exemption for a program expires pursuant
23  to sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the
24  agency shall not grant an exemption pursuant to this paragraph
25  for an adult inpatient diagnostic cardiac catheterization
26  program located at the same hospital until 2 years following
27  the date of the determination by the agency that the program
28  failed to comply with the rules adopted pursuant to
29  subparagraph 2.
30         4.  The agency shall not grant any exemption under this
31  paragraph until the adoption of the rules required under this
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  1  paragraph, or until March 1, 1998, whichever comes first.
  2  However, if final rules have not been adopted by March 1,
  3  1998, the proposed rules governing the exemptions shall be
  4  used by the agency to grant exemptions under the provisions of
  5  this paragraph until final rules become effective.
  6         (k)(o)  For any expenditure to provide mobile surgical
  7  facilities and related health care services provided under
  8  contract with the Department of Corrections or a private
  9  correctional facility operating pursuant to chapter 957.
10         (l)(p)  For state veterans' nursing homes operated by
11  or on behalf of the Florida Department of Veterans' Affairs in
12  accordance with part II of chapter 296 for which at least 50
13  percent of the construction cost is federally funded and for
14  which the Federal Government pays a per diem rate not to
15  exceed one-half of the cost of the veterans' care in such
16  state nursing homes. These beds shall not be included in the
17  nursing home bed inventory.
18         (m)  For combination within one nursing home facility
19  of the beds or services authorized by two or more certificates
20  of need issued in the same planning subdistrict.  An exemption
21  granted under this paragraph shall extend the validity period
22  of the certificates of need to be consolidated by the length
23  of the period beginning upon submission of the exemption
24  request and ending with issuance of the exemption.  The
25  longest validity period among the certificates shall be
26  applicable to each of the combined certificates.
27         (n)  For division into two or more nursing home
28  facilities of beds or services authorized by one certificate
29  of need issued in the same planning subdistrict.  An exemption
30  granted under this paragraph shall extend the validity period
31  of the certificate of need to be divided by the length of the
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  1  period beginning upon submission of the exemption request and
  2  ending with issuance of the exemption.
  3         (o)  For the addition of hospital beds licensed under
  4  chapter 395 for acute care, mental health services, or a
  5  hospital-based distinct part skilled nursing unit in a number
  6  that may not exceed 10 total beds or 10 percent of the
  7  licensed capacity of the bed category being expanded,
  8  whichever is greater. Beds for specialty burn units, neonatal
  9  intensive care units, or comprehensive rehabilitation, or at a
10  long-term care hospital, may not be increased under this
11  paragraph.
12         1.  In addition to any other documentation otherwise
13  required by the agency, a request for exemption submitted
14  under this paragraph must:
15         a.  Certify that the prior 12-month average occupancy
16  rate for the category of licensed beds being expanded at the
17  facility meets or exceeds 80 percent or, for a hospital-based
18  distinct part skilled nursing unit, the prior 12-month average
19  occupancy rate meets or exceeds 96 percent.
20         b.  Certify that any beds of the same type authorized
21  for the facility under this paragraph before the date of the
22  current request for an exemption have been licensed and
23  operational for at least 12 months.
24         2.  The timeframes and monitoring process specified in
25  s. 408.040(2)(a)-(c) apply to any exemption issued under this
26  paragraph.
27         3.  The agency shall count beds authorized under this
28  paragraph as approved beds in the published inventory of
29  hospital beds until the beds are licensed.
30         (p)  For the addition of nursing home beds licensed
31  under chapter 400 in a number not exceeding 10 total beds or
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  1  10 percent of the number of beds licensed in the facility
  2  being expanded, whichever is greater.
  3         1.  In addition to any other documentation required by
  4  the agency, a request for exemption submitted under this
  5  paragraph must:
  6         a.  Certify that the facility has been designated as a
  7  Gold Seal nursing home under s. 400.235.
  8         b.  Certify that the prior 12-month average occupancy
  9  rate for the nursing home beds at the facility meets or
10  exceeds 96 percent.
11         c.  Certify that any beds authorized for the facility
12  under this paragraph before the date of the current request
13  for an exemption have been licensed and operational for at
14  least 12 months.
15         2.  The timeframes and monitoring process specified in
16  s. 408.040(2)(a)-(c) apply to any exemption issued under this
17  paragraph.
18         3.  The agency shall count beds authorized under this
19  paragraph as approved beds in the published inventory of
20  nursing home beds until the beds are licensed.
21         (4)  A request for exemption under this subsection (3)
22  may be made at any time and is not subject to the batching
23  requirements of this section. The request shall be supported
24  by such documentation as the agency requires by rule. The
25  agency shall assess a fee of $250 for each request for
26  exemption submitted under subsection (3).
27         Section 8.  Paragraph (a) of subsection (1) of section
28  408.037, Florida Statutes, is amended to read:
29         408.037  Application content.--
30         (1)  An application for a certificate of need must
31  contain:
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  1         (a)  A detailed description of the proposed project and
  2  statement of its purpose and need in relation to the district
  3  local health plan and the state health plan.
  4         Section 9.  Section 408.038, Florida Statutes, is
  5  amended to read:
  6         408.038  Fees.--The agency department shall assess fees
  7  on certificate-of-need applications.  Such fees shall be for
  8  the purpose of funding the functions of the local health
  9  councils and the activities of the agency department and shall
10  be allocated as provided in s. 408.033. The fee shall be
11  determined as follows:
12         (1)  A minimum base fee of $5,000.
13         (2)  In addition to the base fee of $5,000, 0.015 of
14  each dollar of proposed expenditure, except that a fee may not
15  exceed $22,000.
16         Section 10.  Subsections (3) and (4), paragraph (c) of
17  subsection (5), and paragraphs (a) and (b) of subsection (6)
18  of section 408.039, Florida Statutes, are amended to read:
19         408.039  Review process.--The review process for
20  certificates of need shall be as follows:
21         (3)  APPLICATION PROCESSING.--
22         (a)  An applicant shall file an application with the
23  agency department, and shall furnish a copy of the application
24  to the local health council and the agency department. Within
25  15 days after the applicable application filing deadline
26  established by agency department rule, the staff of the agency
27  department shall determine if the application is complete.  If
28  the application is incomplete, the staff shall request
29  specific information from the applicant necessary for the
30  application to be complete; however, the staff may make only
31  one such request. If the requested information is not filed
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  1  with the agency department within 21 days of the receipt of
  2  the staff's request, the application shall be deemed
  3  incomplete and deemed withdrawn from consideration.
  4         (b)  Upon the request of any applicant or substantially
  5  affected person within 14 days after notice that an
  6  application has been filed, a public hearing may be held at
  7  the agency's department's discretion if the agency department
  8  determines that a proposed project involves issues of great
  9  local public interest. The public hearing shall allow
10  applicants and other interested parties reasonable time to
11  present their positions and to present rebuttal information. A
12  recorded verbatim record of the hearing shall be maintained.
13  The public hearing shall be held at the local level within 21
14  days after the application is deemed complete.
15         (4)  STAFF RECOMMENDATIONS.--
16         (a)  The agency's department's review of and final
17  agency action on applications shall be in accordance with the
18  district health plan, and statutory criteria, and the
19  implementing administrative rules.  In the application review
20  process, the agency department shall give a preference, as
21  defined by rule of the agency department, to an applicant
22  which proposes to develop a nursing home in a nursing home
23  geographically underserved area.
24         (b)  Within 60 days after all the applications in a
25  review cycle are determined to be complete, the agency
26  department shall issue its State Agency Action Report and
27  Notice of Intent to grant a certificate of need for the
28  project in its entirety, to grant a certificate of need for
29  identifiable portions of the project, or to deny a certificate
30  of need.  The State Agency Action Report shall set forth in
31  writing its findings of fact and determinations upon which its
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  1  decision is based.  If a finding of fact or determination by
  2  the agency department is counter to the district health plan
  3  of the local health council, the agency department shall
  4  provide in writing its reason for its findings, item by item,
  5  to the local health council.  If the agency department intends
  6  to grant a certificate of need, the State Agency Action Report
  7  or the Notice of Intent shall also include any conditions
  8  which the agency department intends to attach to the
  9  certificate of need. The agency department shall designate by
10  rule a senior staff person, other than the person who issues
11  the final order, to issue State Agency Action Reports and
12  Notices of Intent.
13         (c)  The agency department shall publish its proposed
14  decision set forth in the Notice of Intent in the Florida
15  Administrative Weekly within 14 days after the Notice of
16  Intent is issued.
17         (d)  If no administrative hearing is requested pursuant
18  to subsection (5), the State Agency Action Report and the
19  Notice of Intent shall become the final order of the agency
20  department.  The agency department shall provide a copy of the
21  final order to the appropriate local health council.
22         (5)  ADMINISTRATIVE HEARINGS.--
23         (c)  In administrative proceedings challenging the
24  issuance or denial of a certificate of need, only applicants
25  considered by the agency in the same batching cycle are
26  entitled to a comparative hearing on their applications.
27  Existing health care facilities may initiate or intervene in
28  an administrative hearing upon a showing that an established
29  program will be substantially affected by the issuance of any
30  certificate of need, whether reviewed under s. 408.036(1) or
31
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  1  (2), to a competing proposed facility or program within the
  2  same district.
  3         (6)  JUDICIAL REVIEW.--
  4         (a)  A party to an administrative hearing for an
  5  application for a certificate of need has the right, within
  6  not more than 30 days after the date of the final order, to
  7  seek judicial review in the District Court of Appeal pursuant
  8  to s. 120.68.  The agency department shall be a party in any
  9  such proceeding.
10         (b)  In such judicial review, the court shall affirm
11  the final order of the agency department, unless the decision
12  is arbitrary, capricious, or not in compliance with ss.
13  408.031-408.045.
14         Section 11.  Subsections (1) and (2) of section
15  408.040, Florida Statutes, are amended to read:
16         408.040  Conditions and monitoring.--
17         (1)(a)  The agency may issue a certificate of need
18  predicated upon statements of intent expressed by an applicant
19  in the application for a certificate of need. Any conditions
20  imposed on a certificate of need based on such statements of
21  intent shall be stated on the face of the certificate of need.
22         1.  Any certificate of need issued for construction of
23  a new hospital or for the addition of beds to an existing
24  hospital shall include a statement of the number of beds
25  approved by category of service, including rehabilitation or
26  psychiatric service, for which the agency has adopted by rule
27  a specialty-bed-need methodology. All beds that are approved,
28  but are not covered by any specialty-bed-need methodology,
29  shall be designated as general.
30         (b)2.  The agency may consider, in addition to the
31  other criteria specified in s. 408.035, a statement of intent
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  1  by the applicant that a specified to designate a percentage of
  2  the annual patient days at beds of the facility will be
  3  utilized for use by patients eligible for care under Title XIX
  4  of the Social Security Act. Any certificate of need issued to
  5  a nursing home in reliance upon an applicant's statements that
  6  to provide a specified percentage number of annual patient
  7  days will be utilized beds for use by residents eligible for
  8  care under Title XIX of the Social Security Act must include a
  9  statement that such certification is a condition of issuance
10  of the certificate of need. The certificate-of-need program
11  shall notify the Medicaid program office and the Department of
12  Elderly Affairs when it imposes conditions as authorized in
13  this paragraph subparagraph in an area in which a community
14  diversion pilot project is implemented.
15         (c)(b)  A certificateholder may apply to the agency for
16  a modification of conditions imposed under paragraph (a) or
17  paragraph (b). If the holder of a certificate of need
18  demonstrates good cause why the certificate should be
19  modified, the agency shall reissue the certificate of need
20  with such modifications as may be appropriate.  The agency
21  shall by rule define the factors constituting good cause for
22  modification.
23         (d)(c)  If the holder of a certificate of need fails to
24  comply with a condition upon which the issuance of the
25  certificate was predicated, the agency may assess an
26  administrative fine against the certificateholder in an amount
27  not to exceed $1,000 per failure per day.  In assessing the
28  penalty, the agency shall take into account as mitigation the
29  relative lack of severity of a particular failure.  Proceeds
30  of such penalties shall be deposited in the Public Medical
31  Assistance Trust Fund.
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  1         (2)(a)  Unless the applicant has commenced
  2  construction, if the project provides for construction, unless
  3  the applicant has incurred an enforceable capital expenditure
  4  commitment for a project, if the project does not provide for
  5  construction, or unless subject to paragraph (b), a
  6  certificate of need shall terminate 18 months after the date
  7  of issuance, except in the case of a multifacility project, as
  8  defined in s. 408.032, where the certificate of need shall
  9  terminate 2 years after the date of issuance. The agency shall
10  monitor the progress of the holder of the certificate of need
11  in meeting the timetable for project development specified in
12  the application with the assistance of the local health
13  council as specified in s. 408.033(1)(b)5., and may revoke the
14  certificate of need, if the holder of the certificate is not
15  meeting such timetable and is not making a good faith effort,
16  as defined by rule, to meet it.
17         (b)  A certificate of need issued to an applicant
18  holding a provisional certificate of authority under chapter
19  651 shall terminate 1 year after the applicant receives a
20  valid certificate of authority from the Department of
21  Insurance.
22         (c)  The certificate-of-need validity period for a
23  project shall be extended by the agency, to the extent that
24  the applicant demonstrates to the satisfaction of the agency
25  that good faith commencement of the project is being delayed
26  by litigation or by governmental action or inaction with
27  respect to regulations or permitting precluding commencement
28  of the project.
29         (d)  If an application is filed to consolidate two or
30  more certificates as authorized by s. 408.036(2)(f) or to
31  divide a certificate of need into two or more facilities as
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  1  authorized by s. 408.036(2)(g), the validity period of the
  2  certificate or certificates of need to be consolidated or
  3  divided shall be extended for the period beginning upon
  4  submission of the application and ending when final agency
  5  action and any appeal from such action has been concluded.
  6  However, no such suspension shall be effected if the
  7  application is withdrawn by the applicant.
  8         Section 12.  Section 408.044, Florida Statutes, is
  9  amended to read:
10         408.044  Injunction.--Notwithstanding the existence or
11  pursuit of any other remedy, the agency department may
12  maintain an action in the name of the state for injunction or
13  other process against any person to restrain or prevent the
14  pursuit of a project subject to review under ss.
15  408.031-408.045, in the absence of a valid certificate of
16  need.
17         Section 13.  Section 408.045, Florida Statutes, is
18  amended to read:
19         408.045  Certificate of need; competitive sealed
20  proposals.--
21         (1)  The application, review, and issuance procedures
22  for a certificate of need for an intermediate care facility
23  for the developmentally disabled may be made by the agency
24  department by competitive sealed proposals.
25         (2)  The agency department shall make a decision
26  regarding the issuance of the certificate of need in
27  accordance with the provisions of s. 287.057(15), rules
28  adopted by the agency department relating to intermediate care
29  facilities for the developmentally disabled, and the criteria
30  in s. 408.035, as further defined by rule.
31
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  1         (3)  Notification of the decision shall be issued to
  2  all applicants not later than 28 calendar days after the date
  3  responses to a request for proposal are due.
  4         (4)  The procedures provided for under this section are
  5  exempt from the batching cycle requirements and the public
  6  hearing requirement of s. 408.039.
  7         (5)  The agency department may use the competitive
  8  sealed proposal procedure for determining a certificate of
  9  need for other types of health care facilities and services if
10  the agency department identifies an unmet health care need and
11  when funding in whole or in part for such health care
12  facilities or services is authorized by the Legislature.
13         Section 14.  (1)(a)  There is created a
14  certificate-of-need workgroup within the Agency for Health
15  Care Administration.
16         (b)  Workgroup participants shall be responsible for
17  only the expenses that they generate individually through
18  workgroup participation.  The agency shall be responsible for
19  expenses incidental to the production of any required data or
20  reports.
21         (2)  The workgroup shall consist of not more than 30
22  members, appointed by the Director of Health Care
23  Administration based on their interest in the
24  certificate-of-need program authorized by ss. 408.031-408.045,
25  Florida Statutes. The membership shall include, but not be
26  limited to, representatives from health care provider
27  organizations, health care facilities, the Senate, the House
28  of Representatives, and individual health care practitioners.
29         (3)  The workgroup shall advise the agency about issues
30  pertaining to the certificate-of-need program, including the
31  impact of trends in health care delivery and financing. The
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  1  agency shall seek workgroup advice on issues relating to
  2  implementation of the program.
  3         (4)  The workgroup shall meet at least annually, at
  4  times determined by the agency. The workgroup shall be
  5  abolished effective July 1, 2003.
  6         Section 15.  Effective upon becoming a law, paragraph
  7  (d) of subsection (2) and subsection (6) of section 401.25,
  8  Florida Statutes, are amended to read:
  9         401.25  Licensure as a basic life support or an
10  advanced life support service.--
11         (2)  The department shall issue a license for operation
12  to any applicant who complies with the following requirements:
13         (d)  The applicant has obtained a certificate of public
14  convenience and necessity from each county in which the
15  applicant will operate or, if the applicant will operate in a
16  municipality with a population greater than 30,000, from that
17  municipality. In issuing the certificate of public convenience
18  and necessity, the governing body of each county shall
19  consider the recommendations of municipalities within its
20  jurisdiction, and the governing body of a municipality shall
21  consider the recommendations of appropriate agencies under its
22  jurisdiction.
23         (6)  The governing body of each county, and each
24  municipality with a population greater than 30,000, may adopt
25  ordinances that provide reasonable standards for certificates
26  of public convenience and necessity for basic or advanced life
27  support services and air ambulance services.  In developing
28  standards for certificates of public convenience and
29  necessity, the governing body of the each county or
30  municipality must consider state guidelines and,
31  recommendations of the local or regional trauma agency created
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  1  under chapter 395, the governing body of a county must
  2  consider and the recommendations of municipalities within its
  3  jurisdiction, and the governing body of a municipality must
  4  consider the recommendations of appropriate agencies under its
  5  jurisdiction.
  6         Section 16.  Subsection (3) of section 400.464, Florida
  7  Statutes, is repealed.
  8         Section 17.  Except as otherwise provided herein, this
  9  act shall take effect July 1, 2000.
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