The Florida Senate

408.043  Special provisions.--

(1)  OSTEOPATHIC ACUTE CARE HOSPITALS.--When an application is made for a certificate of need to construct or to expand an osteopathic acute care hospital, the need for such hospital shall be determined on the basis of the need for and availability of osteopathic services and osteopathic acute care hospitals in the district. When a prior certificate of need to establish an osteopathic acute care hospital has been issued in a district, and the facility is no longer used for that purpose, the agency may continue to count such facility and beds as an existing osteopathic facility in any subsequent application for construction of an osteopathic acute care hospital.

(2)  HOSPICES.--When an application is made for a certificate of need to establish or to expand a hospice, the need for such hospice shall be determined on the basis of the need for and availability of hospice services in the community. The formula on which the certificate of need is based shall discourage regional monopolies and promote competition. The inpatient hospice care component of a hospice which is a freestanding facility, or a part of a facility, which is primarily engaged in providing inpatient care and related services and is not licensed as a health care facility shall also be required to obtain a certificate of need. Provision of hospice care by any current provider of health care is a significant change in service and therefore requires a certificate of need for such services.

(3)  RURAL HEALTH NETWORKS.--Preference shall be given in the award of a certificate of need to members of certified rural health networks, as provided for in s. 381.0406, subject to the following conditions:

(a)  Need must be shown pursuant to s. 408.035

(b)  The proposed project must:

1.  Strengthen health care services in rural areas through partnerships between rural care providers; or

2.  Increase access to inpatient health care services for Medicaid recipients or other low-income persons who live in rural areas.

(c)  No preference shall be given under this section for the establishment of skilled nursing facility services by a hospital.

(4)  PRIVATE ACCREDITATION NOT REQUIRED.--Accreditation by any private organization may not be a requirement for the issuance or maintenance of a certificate of need under ss. 408.031-408.045.

(5)  SOLE ACUTE CARE HOSPITALS IN HIGH GROWTH COUNTIES.--Notwithstanding any other provision of law, an acute care hospital licensed under chapter 395 may add up to 180 additional beds without agency review if such hospital is located in a county that has experienced at least a 60-percent growth rate for the most recent 10-year period for which data are available as determined by using the population statistics published in the most recent edition of the Florida Statistical Abstract, is the sole acute care hospital in the county, and is the only acute care hospital within a 10-mile radius of another hospital. A hospital shall provide written notice to the agency that it qualifies under this subsection prior to the addition of beds. Such projects shall not be subject to challenge under s. 408.039 or chapter 120. Acute care beds added under this subsection shall not be included in the inventory of hospital beds used by the agency in the calculation of the fixed-bed-need pool for acute care hospitals.

History.--s. 30, ch. 87-92; s. 15, ch. 91-282; s. 15, ch. 92-33; s. 31, ch. 93-129; s. 8, ch. 97-270; s. 1, ch. 2003-161.

Note.--Former s. 381.713.