59A-3.066. Licensure Procedure  


Effective on Thursday, October 16, 2014
  • 1(1) No person or governmental unit shall establish, conduct, or maintain a hospital in this state without first obtaining a license.

    22(2) All persons requesting licensure for the operation of a hospital under the provisions of Chapter 395, F.S., shall make application to the Agency, on Health Care Licensing Application Hospitals, AHCA Form 3130-8001, 55July 2014, 57which is incorporated by reference, and shall receive a standard or provisional license prior to the acceptance of patients for care or treatment. The form is available at: 85https://www.flrules.org/Gateway/reference.asp?No=Ref-04605 87and available from the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 31, Tallahassee, Florida 32308 or at the web address at: 111http://ahca.myflorida.com/HQAlicensureforms.shtml112.

    113(a) Each hospital applying for a license shall be designated by a distinctive name, and the name shall not be changed without first notifying the licensing agency and receiving approval in writing. Duplication of an existing hospital name is prohibited in new hospitals. The following documents shall be prepared at the time of the initial application, and shall be available for review by the Agency at the initial licensure inspection:

    1831. Governing authority bylaws, rules and regulations, or other written organization plan;

    1952. Organized professional staff 199bylaws, rules and regulations;

    2033. The hospital’s fire and Comprehensive Emergency Management Plans;

    2124. Roster of organized medical staff members;

    2195. Nursing procedure manual; and

    2246. Roster of registered nurses, licensed practical nurses, emergency medical technicians and paramedics with current registration number.

    241(b) The following documents shall accompany the initial application:

    2501. The hospital’s zoning certificate;

    2552. Articles of incorporation;

    2593. Registration of a fictitious name;

    2654. The name and address of the ultimate owner of the hospital;

    2775. A valid certificate of need or letter of exemption as required by Sections 291408.031 292through 293408.045, F.S.;

    2956. Evidence of approval from the Agency’s Office of Plans and Construction for any physical plant requirements as required by Section 316395.0163, F.S.; 318and,

    3197. Evidence of medical malpractice insurance through the Patient Compensation Fund or other means of demonstrating financial responsibility as provided for under Section 342766.105, F.S.

    3448. A copy of the child abuse and neglect policy as specified in Rule 35859A-3.280, 359F.A.C.

    360(c) All applications for change of ownership shall include:

    3691. A signed agreement to correct physical plant deficiencies listed in the most recent licensure inspection to conform to the most recently adopted, nationally recognized life-safety code, unless otherwise modified herein;

    4002. Written verification of the transaction, which must include an effective date and the signatures of both the buyer and the seller;

    4223. Registration of a fictitious name;

    4284. The name and address of the ultimate owner of the hospital;

    4405. Evidence of payment of, or arrangement to pay, any liability to the state pursuant to Sections 457395.003(3) 458and 459408.807(3)(b), F.S., 461and,

    462(d) An application for biennial licensure renewal must be accompanied by:

    4731. A copy of the hospital’s most recent accreditation report, if the hospital is accredited by an accrediting organization and the hospital seeks to substitute evidence of accreditation in lieu of an Agency licensure inspection, and,

    5092. Evidence of medical malpractice insurance through the Patient Compensation Fund or other means of demonstrating financial responsibility as provided for under Section 532766.105, F.S.

    534(e) An application for the addition of beds, off-site outpatient facilities, off-site emergency department or a change in classification to a hospital’s license must include:

    5591. A valid certificate of need or letter of exemption or notification as required by Sections 575408.031 576through 577408.045, F.S., 579and

    5802. Approval from the Agency’s Office of Plans and Construction, pursuant to Rule 59359A-3.080, 594F.A.C.

    595(f) Evidence of medical malpractice insurance through the Patient Compensation Fund or other means of demonstrating financial responsibility as provided for under Section 618766.105, F.S., 620must be submitted annually to the Agency.

    627(g) Upon receipt of a completed initial application the Agency shall conduct an inspection of the facility to determine compliance with Chapter 395, Part I, F.S. and Rules 65569A-3.012 656and 59A-3.065-.303, F.A.C.

    659(h) When the applicant and hospital are in compliance with Chapter 395, Part I, F.S. and Rules 67669A-3.012 677and 67859A-3.065 679through 68059A-3.303, 681F.A.C., and have received all approvals required by law, the Agency shall issue a license.

    696(i) A single license will be issued to a licensee for facilities located on separate premises, upon request of the applicant. The license will specifically state the location of the facilities, their services, and the licensed beds available on each separate premises. Such a license shall also specifically identify the general or specialty classification of hospitals located on separate premises.

    756(3) A license fee of $1,762565.13 763per hospital, or $31.46 per licensed bed, whichever is greater, shall accompany an application for an initial, biennial renewal, or change of ownership license. An application for the addition of beds to a license shall be accompanied by a license fee of $31.46 per additional bed. All permanent additions to the constructed bed capacity occurring after the issuance of the license shall require licensure prior to occupancy. The license fee shall be made payable to the Agency for Health Care Administration. No license shall be issued without payment of the requisite fee, and, if the request for licensure is withdrawn, the license fee is not refundable. Where licenses are denied in whole or part, the license fee is not refundable.

    883(4)(a) In the event of suspension or revocation of a license, or voluntary cessation of services which are required by Section 904395.002(12), F.S., 906the facility license shall be returned to the Agency by the licensee. A license returned to the Agency will be terminated upon receipt by the Agency, and the facility may not operate as a hospital until licensure is obtained. For continued operation, the licensee must apply for a new license in compliance with the requirements for initial licensure specified in this section, and subject to the provisions of the certificate of need program as specified in Sections 983408.031 984through 985408.045, F.S. 987and Chapter 59C-1, F.A.C.

    991(b) In the event of an intended change in ownership, as described in Section 1005408.807, F.S., 1007an application for an amended license must be submitted at least 60 days prior to the change, consistent with the requirements of paragraph (2)(c) of this section.

    1034(5) A licensee shall notify the Agency of impending closure of a hospital 30 days prior to such closure. The hospital shall be responsible for advising the licensing agency as to the placement of patients and disposition of medical records.

    1074(6) Each license shall specifically state the name of the licensed operator of the hospital, the class of hospital, and the name and location of the hospital. Any beds in the hospital which are regulated under the certificate of need program, as specified in Chapter 59C-1, F.A.C., shall be listed, including the number of licensed beds by type. The license for hospitals having facilities on more than one premises shall specifically state the location of each facility, their general or specialty classification, their services, and the licensed beds available on each separate premises.

    1167(7) Licenses shall be posted in a conspicuous place on the licensed premises, and copies of licenses shall be made available for inspection to all persons. In the case of a single license issued for facilities on more than one premises, a copy of the license shall be retained and posted in a conspicuous place at each separate premises.

    1226(8) A license, unless sooner suspended or revoked, shall automatically expire two years from date of issuance, and shall be renewable biennially upon application for renewal and payment of the fee prescribed by these rules, provided that the applicant and hospital meet the requirements established under the Chapter 395, Part I, F.S. and Rules 128069A-3.012 1281and 59A-3.065-.303, F.A.C. Application for renewal of license shall be made not less than 60 days prior to expiration of a license, on forms prescribed by the Agency. If an application is received after the required filing date and exhibits a hand-canceled postmark obtained from a United States Post Office dated on or before the required filing date, no fine will be levied.

    1344(9) No licensed facility shall continuously operate a number of hospital beds greater than the number indicated by the Agency on the face of the license.

    1370(10) Hospitals shall not lease a portion of their licensed beds to another entity or facility, except for hospices licensed pursuant to Chapter 400, Part IV, F.S.

    1397(11) The collocation of any residential program on the premises of a licensed hospital requires prior approval from the agency, based on the following criteria:

    1422(a) Health, safety, and welfare cannot be jeopardized for any individual;

    1433(b) The essential needs of patients must be met; and,

    1443(c) The facility must be staffed to meet the essential needs of patients.

    1456(12) Data Collection.

    1459(a) All hospitals shall comply with the Agency requirements for data submission as authorized under Section 1475395.1055 1476and Chapter 408, F.S. This data, which does not have to be resubmitted to the Agency’s hospital licensing office as a provision of this part, includes:

    15021. Certificate of need reviews required under Sections 1510408.031 1511through 1512408.045, F.S., 1514and at such intervals as required by Chapter 59C-1, F.A.C.;

    15242. Quality of care patient outcome data as required by Sections 1535408.061(1) 1536and 1537395.1055(1)(g), F.S., 1539and as mandated by rules adopted by the Agency;

    1548(b) All hospitals shall make available on their Internet websites a description of and link to the Agency’s webpage which contains the hospital patient charge and performance outcome data that is collected pursuant to Section 1583408.061(1), F.S. 1585and, if requested, hospitals shall provide a hard copy of the description and the link.

    1600Rulemaking Authority 1602395.003, 1603395.004, 1604395.1055, 1605408.033, 1606408.819 1607FS. Law Implemented 1610395.003, 1611395.004, 1612395.0161, 1613395.1055, 1614408.033, 1615408.805, 1616408.806, 1617408.809, 1618408.811 1619FS. History–New 9-4-95, Amended 6-18-96, Formerly 59A-3.203, Amended 10-16-14.

     

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