59C-1.013. Monitoring Procedures

(1) General Provisions. The Agency, with the assistance of the local health councils, shall monitor the Certificate of Need holder’s progress in meeting the approved timetable for project development. In addition, the Agency shall monitor the holder’s compliance with conditions as specified on the Certificate of Need. A condition is defined as a specific requirement expressed on the face of a Certificate of Need under the heading “conditions”.

(2) Project Status Reports.

(a) The Agency shall require the Certificate of Need holder to provide periodic status reports regarding progress in meeting the timetable. The timetable submitted with the application or otherwise modified by agreement between the Certificate of Need holder and the Agency is binding for the following steps:

1. Commence construction;

2. Construction completed;

3. Survey for certificate of occupancy;

4. Licensure of project; and

5. Facility in use.

Prior to commencing construction, the Certificate of Need holder will submit a revised project timetable, if necessary, which specifies the month, day, and year for completion of each of the five steps identified above.

(b) The status reports shall be submitted on AHCA Form CON-2, Revised July 1997, and incorporated by reference herein. A copy of Form CON-2 may be obtained from:

Agency for Health Care Administration

Certificate of Need

2727 Mahan Drive, Mail Stop 28

Tallahassee, FL 32308

(c) A status report covering the first 15 months from the date of issuance of a Certificate of Need shall be received by the Agency no later than 14 calendar days after the end of the reporting period.

(3) Reporting Requirements Subsequent to Licensure or Commencement of Services. All holders of a Certificate of Need that was issued predicated upon conditions expressed on the face of the Certificate of Need shall provide annual compliance reports to the Agency. The reporting period shall be January 1 through December 31 of each year. The holder of a Certificate of Need who began operation after January 1 will report from the date operation began through December 31. The compliance report shall be submitted no later than April 1 of the subsequent year.

(a) The compliance report will contain information necessary for an assessment of compliance with conditions on the Certificate of Need, utilizing measures, such as a percentage of patient days, that are consistent with the stated condition. The following information shall be provided in the holder’s annual compliance report:

1. The time period covered by the measures;

2. The measure for assessing compliance with each of the conditions identified and described on the face of the Certificate of Need;

3. The way in which the conditions were evaluated by applying the measures;

4. The data sources used to generate information about the conditions that were measured;

5. The person and position responsible for supplying the compliance report;

6. Any other information necessary for the Agency to determine compliance with conditions; and

7. If applicable, the reason or reasons, with supporting data, why the Certificate of Need holder was unable to meet the conditions set forth on the face of the Certificate of Need.

(b) A change in the licensee for a facility or service does not affect the obligation for that facility or service to continue to meet conditions imposed on a Certificate of Need and to provide annual condition compliance reports.

(c) Conditions imposed on a Certificate of Need may be modified consistent with Rule 59C-1.019, F.A.C.

(4) Violation of Certificate of Need Conditions. Health care providers found by the Agency to be in noncompliance with conditions set forth in their Certificate of Need shall be fined as defined in Rule 59C-1.021, F.A.C.

Rulemaking Authority 408.034(8), 408.15(8) FS. Law Implemented 408.040(1), (2) FS. History–New 1-1-77, Amended 11-1-77, 9-1-78, 6-5-79, 2-1-81, 3-31-82, Formerly 10-5.13, Amended 11-24-86, 7-25-89, Formerly 10-5.013, Amended 10-18-95, 11-4-97, 12-12-00, 4-21-10.