59C-1.004. Projects Subject to Review  


Effective on Wednesday, March 16, 2016
  • 1(1) Projects Subject to a Comparative Review. Unless subject to expedited review under Section 15408.036(2), F.S., 17and subsection (2) of this rule, or exempted under Section 27408.036(3), F.S. 29and Rule 3159C-1.005, 32F.A.C., the following projects are subject to comparative review and the batching cycle procedures specified in Rule 4959C-1.008, 50F.A.C., and will be reviewed in accordance with procedures set forth in subsection 6359C-1.010(3), 64F.A.C.:

    65(a) The addition of beds in community nursing homes or intermediate care facilities for the developmentally disabled (ICF/DD) by new construction or alteration, unless exempt pursuant to Section 93408.036(3)(s), F.S.

    95(b) The new construction or establishment of additional health care facilities, including a replacement health care facility when the proposed project site is not located on the same site or within one mile of the existing health care facility, if the number of beds in each licensed bed category will not increase and unless exempt pursuant to Section 153408.036(3)(p), F.S.

    155(c) The conversion from one type of health care facility to another, including the conversion from a general hospital, a long-term care hospital or a specialty hospital provided the conversion to a specialty hospital is not subject to Section 194395.003(8), F.S.

    196(d) An increase in the total licensed bed capacity for comprehensive rehabilitation unless exempt under Section 212408.036(3)(j), F.S.

    214(e) The establishment of a Hospice or Hospice inpatient facility.

    224(f) The establishment of inpatient tertiary health services by a health care facility.

    237(g) An increase in the number of beds for acute care in a hospital that is located in a low-growth county as defined in Section 262408.036(1)(g), F.S.

    264(2) Projects Subject to Expedited Review. Unless reviewable under Section 274408.036(1), F.S., 276above or exempted under Section 281408.036(3), F.S., 283the following projects are subject to expedited review, and will be reviewed in accordance with procedures set forth in subsection 30359C-1.010(4), 304F.A.C.:

    305(a) Sheltered nursing home beds.

    310(b) Transfer of a Certificate of Need except that when an existing hospital is acquired by a purchaser, all certificates of need issued to the hospital which are not yet operational shall be acquired by the purchaser, without need for a transfer.

    352(c) Replacement of a nursing home, if the proposed project site is within a 30-mile radius of the replaced nursing home. 373If the proposed project site is outside the subdistrict where the replaced nursing home is located, the prior six-month occupancy rate for licensed community nursing homes in the proposed subdistrict must be at least 85 percent in accordance with the Agency’s most recently published inventory. 418The nursing home license holder is the only entity that may submit the application to replace the nursing home, pursuant to paragraph 44059C-1.008(1)(h), 441F.A.C.

    442(d) Replacement of a nursing home within the same district, if the proposed project site is outside a 30-mile radius of the replaced nursing home but within the same subdistrict or a geographically contiguous subdistrict within the district. In the case that a proposed project site is in a geographically contiguous subdistrict within the district, the prior six-month occupancy rate for licensed community nursing homes for that subdistrict must be at least 85 percent in accordance with the Agency’s most recently published inventory.

    525(e) Relocation of a portion of the nursing home’s licensed beds to a licensed facility 540or to establish a new facility 546within the same district, 550or a geographically contiguous district 555if the relocation is within a 30-mile radius of the existing facility and the total number of nursing home beds in the state does not increase as a result of this project.

    5871. Applications submitted under this paragraph must be submitted by the licensed nursing home proposing to add the beds 606or by the applicant proposing to establish a new facility616. A letter from the facility from which the beds are being relocated must be submitted certifying that beds will be delicensed should the CON be awarded to the applicant.

    6462. The relocation of beds under this paragraph shall be limited to a portion of beds such that the occupancy rate of the remaining licensed beds of the facility from which beds are being relocated does not exceed 92% percent.

    686(f) New construction of a community nursing home in a retirement community pursuant to the provisions in Section 704408.036(2)(e), F.S.

    706Rulemaking Authority 708408.034(8), 709408.15(8) FS. 711Law Implemented 713408.033, 714408.035, 715408.036(1), 716(2), 717408.037, 718408.038, 719408.039 FS. 721History–New 1-1-77, Amended 11-1-77, 9-1-78, 6-5-79, 4-25-80, 2-1-81, Formerly 10-5.04, Amended 11-24-86, 11-17-87, 1-31-91, 1-1-92, Formerly 10-5.004, Amended 9-10-92, 1-9-95, 11-4-97, 12-12-00, 11-12-01, 8-1-05, 3-16-16.

     

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