59C-1.019. Modification of Certificate of Need

(1) A modification is defined as an alteration to an issued, valid Certificate of Need, or an alteration to the condition or conditions on the face of a Certificate of Need for a health facility or service that has been licensed, where such an alteration does not result in a project subject to review as specified in either Section 408.036(1) or (2), F.S.

(2) A Certificate of Need holder desiring modification of a Certificate of Need shall submit a written request to the Agency documenting good cause for modification. A request to reduce the number of beds granted in a Certificate of Need prior to licensure of the beds shall show the financial impact of the reduction by revising Schedules 1 and 3 and 7 and 8 or 7a and 8a that were submitted with the application for a Certificate of Need, as found in AHCA Form CON-1 and incorporated by reference in paragraph 59C-1.008(1)(f), F.A.C.

(3) Good cause includes, for example:

(a) Changes in the adequacy of reimbursement; or

(b) Changes in the overall ability of the health care facility or Hospice for which the Certificate of Need was issued to cover its costs if such changes are of such a degree that the continued viability of the health care facility or Hospice is seriously threatened; or

(c) Changes in Agency rules and regulations substantially affecting the project.

(4) The Agency shall amend the Certificate of Need if the modification is approved.

Rulemaking Authority 408.034(8), 408.15(8) FS. Law Implemented 408.040(1)(c) FS. History–New 11-24-86, Amended 7-25-89, Formerly 10-5.019, Amended 2-5-98, 12-12-00.