59C-1.0085. Project Specific Certificate of Need Application Procedures  

Effective on Tuesday, July 19, 2005
  • 1In addition to the requirements set forth in Rule 1059C-1.008, 11F.A.C., the following requirements apply to the projects described below:

    21(1) Transfer of a Certificate of Need. As provided in Sections 32408.037(2) 33and 34408.034(2), F.S., 36an applicant for a Certificate of Need must certify that it will license and operate the health care facility or service authorized by the Certificate of Need; and the Agency will not issue a license to any health care facility, part of a health care facility, Hospice, or health care service described in Section 90408.036(1) 91or (2), F.S., which fails to receive a required Certificate of Need. This subsection applies to circumstances where the certificate holder will not be the initial licensee or operator of the authorized project. Such circumstances include, for example, a change in the ownership or licensed operator of the certificate holder. Except as provided in this subsection, such changed circumstances require a Certificate of Need that transfers the authorized project to the intended initial licensee or operator.

    167(a) An application to transfer a Certificate of Need is subject to an expedited review, as specified in Section 186408.036(2)(a), F.S., 188except 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.

    223(b) The proposed transferee is the applicant for the transfer. The transferor is subject to the limitations on transfer costs specified in Section 246408.042, F.S., 248which must be identified in the application for a transfer.

    258(c) The application fee for transfer of a Certificate of Need is $10,000 provided there is no increase in the project cost approved for the Certificate of Need that is being transferred. The filing fee for a transfer involving an increase in the project cost shall be calculated based on the amount of increase in accordance with Section 317408.038, F.S. 319and paragraph 32159C-1.008(3)(a), 322F.A.C.

    323(d) A transfer application is required if the intended licensee or operator for approved nursing home beds in a combined Certificate of Need, as authorized by an exemption under Section 353408.036(3)(h), F.S., 355will be an entity other than the holder of any of the uncombined Certificates of Need.

    371(e) A transfer application is required if the intended licensee or operator for the approved nursing home beds included in a component or components of a divided Certificate of Need, as authorized by an exemption under Section 408408.036(3)(i), F.S., 410will be an entity other than the holder of the undivided Certificate of Need.

    424(f) A transfer application will be reviewed in accordance with the review criteria in Section 439408.035, F.S.

    441(g) Upon written request from the transferor received at least 15 days prior to the termination date of the Certificate of Need, and receipt of a transfer application, the Agency will extend the validity period of the proposed transferred Certificate of Need for a period of 60 days, consistent with paragraph 49259C-1.018(3)(c), 493F.A.C.

    494(h) No transfer application is required if a change in the intended initial licensee or operator of an authorized project occurs because of a corporate merger or a change in the corporate name.

    527(2) Conversion of licensed mental health beds. As provided in Section 538408.036(5)(c), F.S., 540notification to the Agency is applicable for hospital projects proposing to increase the licensed capacity of a category of mental health services beds through conversion of other mental health beds at the same hospital.

    574(a) Mental health beds include adult and child/adolescent psychiatric beds and adult and child/adolescent substance abuse beds.

    591(b) Conversions under this subsection shall not increase the total licensed bed capacity of the hospital.

    607(3) Shared service arrangement. Any application for a project involving a shared service arrangement is subject to a comparative review when the health service being proposed requires a Certificate of Need to implement and is not currently provided by any of the applicants. Proposals for a shared service arrangement must be limited to hospitals located in the same service planning area, as defined by the Agency and applicable for the service being proposed.

    680(a) Each applicant jointly applying for a new health service must be a party to a formal written legal agreement.

    700(b) Certificate of Need approval for the shared service will authorize the applicants to provide the new health service as specified in the original application.

    725(c) Certificate of Need approval for the shared service shall not be construed as entitling each applicant to independently offer the new health service. Authority for any party to offer the service exists only as long as the parties participate in the provision of the shared service.

    772(d) Any of the parties providing a shared service may seek to dissolve the arrangement upon notice to the Agency consistent with Section 795408.036(5)(l), F.S. 797If termination of the agreement occurs, all parties to the original shared service give up their rights to provide the service.

    818(e) Parties seeking to provide the service independently in the future must submit applications in the next applicable review cycle and compete for the service with all other applicants.

    847(f) All applicable statutory and rule criteria are met.

    856(4) Mobile Units.

    859(a) Any health care facility which intends to utilize a mobile unit must apply for a Certificate of Need prior to utilization of the mobile unit if the project has been determined subject to review by the Agency.

    897(b) Only a health care facility which intends to utilize a mobile unit may apply for a Certificate of Need for a mobile unit.

    921(5) Reestablishment of an inpatient health service regulated under this chapter. Reestablishment of a health service which was not offered continuously at a health care facility for the 12-month period prior to the proposed reestablishment is a substantial change in health services, and requires a Certificate of Need.

    969Rulemaking Authority 971408.034(8), 972408.15(8) FS. 974Law Implemented 976408.033, 977408.034, 978408.036(2), 979408.037(3), 980408.038, 981408.039, 982408.042 FS. 984History–New 1-31-91, Formerly 10-5.0085, Amended 10-18-95, 10-8-97, 12-12-00, 7-19-05.


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