House Bill hb1153

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    Florida House of Representatives - 2001                HB 1153

        By Representatives Harrell, McGriff, Jennings, Bilirakis,
    Kendrick and Alexander





  1                      A bill to be entitled

  2         An act relating to certificate of need;

  3         amending s. 408.039, F.S.; specifying

  4         circumstances under which a hospital may

  5         intervene in administrative proceedings

  6         involving the issuance or denial of a

  7         certificate of need for an organ

  8         transplantation program; providing an effective

  9         date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Paragraph (e) of subsection (5) of section

14  408.039, Florida Statutes, is redesignated as paragraph (f),

15  and a new paragraph (e) is added to said subsection to read:

16         408.039  Review process.--The review process for

17  certificates of need shall be as follows:

18         (5)  ADMINISTRATIVE HEARINGS.--

19         (e)  A hospital may initiate or intervene in an

20  administrative proceeding involving the issuance or denial of

21  a certificate of need for an organ transplantation program

22  upon a showing that an established organ transplantation

23  program at the hospital will be substantially affected by the

24  issuance of the certificate of need to a competing program or

25  facility within the same service planning area delineated

26  under rules adopted by the Agency for Health Care

27  Administration.

28         Section 2.  This act shall take effect upon becoming a

29  law.

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    Florida House of Representatives - 2001                HB 1153

    767-102A-01






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  2                          HOUSE SUMMARY

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      Provides that a hospital may intervene in administrative
  4    proceedings involving the issuance or denial of a
      certificate of need for an organ transplantation program
  5    within the same service planning area upon a showing that
      an established organ transplantation program at the
  6    hospital will substantially be affected by the issuance
      of the certificate of need.
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