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.

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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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