Certificate of Need Application Procedures, Certificate of Need Application Review Procedures, Administrative Hearing Procedures, Criteria Used in Evaluation of Applications
AGENCY FOR HEALTH CARE ADMINISTRATION
Certificate of NeedRULE NO: RULE TITLE
59C-1.008: Certificate of Need Application Procedures
59C-1.010: Certificate of Need Application Review Procedures
59C-1.012: Administrative Hearing Procedures
59C-1.030: Criteria Used in Evaluation of ApplicationsNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 48, November 26, 2008 issue of the Florida Administrative Weekly and subsequently amended by notices of change published in Vol. 35, No. 9, March 6, 2009 issue, in Vol. 35, No. 11, March 20, 2009 issue, in Vol. 35, No. 20 issue, and in Vol. 35, No. 23 issue of the Florida Administrative Weekly.
59C-1.008 Certificate of Need Application Procedures.
(1) Letters of Intent and applications subject to comparative review shall be accepted in two batching cycles annually each for hospital beds and facilities and for other beds and programs, as specified in paragraph (g) of this subsection. The category “hospital beds and facilities” includes proposals for new hospital facilities, replacement hospital facilities if being replaced more than a mile away, acute care beds pursuant to Section 408.036(1)(g), F.S., the establishment of new neonatal level II and level III programs unless otherwise exempt pursuant to Section 408.036(3)(l)(k), F.S., and comprehensive medical rehabilitation beds unless otherwise exempt pursuant to Section 408.036(3)(j)(i), F.S., and except as provided in Section 408.037(2), F.S., for a general hospital. Unless otherwise directed by 408.037(2), F.S., general hospital applications shall conform to the schedules in this rule and will use all the application and schedules described in paragraph (1)(f) usual application and financial forms described below as applicable. The category “other beds and programs” includes proposals for pediatric open heart surgery, pediatric cardiac catheterization, specialty burn units, organ transplantation, community nursing home projects, hospice programs, hospice inpatient facilities, and intermediate care facilities for the developmentally disabled.
(a) No change.
(b) The contents of the letter of intent shall be consistent with paragraph 408.039(2)(c), F.S., and must be a written communication with an original signature. The applicant is solely responsible for the content and clarity of the letter of intent. The agency shall not assume any facts not clearly stated. Applications should be submitted with one bound copy and one unbound print copy copy printed and any duplicates in electronic media format (DVD).
(c) through (e) No change.
(f) Certificate of Need Application Submission. An application for a certificate of need shall be submitted on AHCA Forms 3150-0001, March 2009 Application for a Certificate of Need, March 2009 or 3150-0003, March 2009 Transfer of a Certificate of Need, March 2009, which includes a Cover Page, Cover Page-TRN Schedules A, B or B-TRN, C, D, D-1, 1 or 1-TRN, 2, 3, 4, 5, 6, 6A, 7, 7A, 7B, 8, 8A, 9, 10 or 10-TRN, 11, and 12-TRN, which are incorporated by reference herein. An application for a general hospital shall be submitted on AHCA Form 3150-0002, March 2009 Application for a General Hospital Certificate of Need which includes Schedules 11, A(H), B(H), C, D(H) in addition to a Cover (H) Page, which are incorporated by reference herein. Paper copies or copies on electronic media of AHCA Forms 3150-0001, March 2009 Application for a Certificate of Need March 2009; AHCA Form 3150-0002, March 2009 Application for a General Hospital Certificate of Need; or AHCA Form 3150-0003, March 2009 Transfer of a Certificate of Need, March 2009 and the Schedules may be obtained from:
Agency for Health Care Administration,
Certificate of Need
2727 Mahan Drive, Building 1, Mail Stop 28
Tallahassee, FL 32308.
Electronic versions of AHCA Forms 3150-0001, 3150-0002 and 3150-0003 and the Schedules are also available at: http://ahca.myflorida.com/MCHQ/CON_FA/Application/index.shtm.
1. The application must be actually received by the agency by 5:00 p.m. local time on or before the application due date.
2. Applications for projects which exceed the proposed number of beds contained in the letter of intent shall not be deemed complete for review by the agency and shall be withdrawn from further review.
3. Applications may propose a lesser number of beds than that contained in the letter of intent.
4. Applications for a certificate of need for a general hospital must address criteria contained in subsections 408.035(2), F.S., and be submitted on AHCA Form 3150-0002, March 2009 Application For A General Hospital Certificate of Need.
(g) Applications Subject to Comparative Review – Batching Cycles. In order that applications pertaining to similar types of services or facilities affecting the same service district or subdistrict may be considered in relation to each other for purposes of comparative review, letters of intent and applications shall be received by the agency no later than dates prescribed in the following schedule:
Hospital Beds and Facilities
1st Batching Cycle – 2008
Summary Need Projections Published in F.A.W.1-25-08
Letter of Intent Deadline2-11-08
Application Deadline3-12-08
Completeness Review Deadline3-19-08
Application Omissions Deadline4-16-08
Agency Initial Decision Deadline6-13-08
Hospital Beds and Facilities
2nd Batching Cycle – 2008
Summary Need Projections Published in F.A.W.7-25-08
Letter of Intent Deadline8-11-08
Application Deadline9-10-08
Completeness Review Deadline9-17-08
Application Omissions Deadline10-15-08
Agency Initial Decision Deadline12-12-08
Hospital Beds and Facilities
1st Batching Cycle – 2009
Summary Need Projections Published in F.A.W.1-23-00
Letter of Intent Deadline2-09-09
Application Deadline3-11-09
Completeness Review Deadline3-18-09
Application Omissions Deadline4-15-09
Agency Initial Decision Deadline6-12-09
Hospital Beds and Facilities
2nd Batching Cycle – 2009
Summary Need Projections Published in F.A.W.7-24-09
Letter of Intent Deadline8-10-09
Application Deadline9-09-09
Completeness Review Deadline9-16-09
Application Omissions Deadline10-14-09
Agency Initial Decision Deadline12-110-09
Hospital Beds and Facilities
1st Batching Cycle – 2010
Summary Need Projections Published in F.A.W.1-22-10
Letter of Intent Deadline2-08-10
Application Deadline3-10-10
Completeness Review Deadline3-17-10
Application Omissions Deadline4-14-10
Agency Initial Decision Deadline6-11-10
Hospital Beds and Facilities
2nd Batching Cycle – 2010
Summary Need Projections Published in F.A.W.7-23-10
Letter of Intent Deadline8-09-10
Application Deadline9-08-10
Completeness Review Deadline9-15-10
Application Omissions Deadline10-13-10
Agency Initial Decision Deadline12-10-10
Hospital Beds and Facilities
1st Batching Cycle – 2011
Summary Need Projections Published in F.A.W.1-21-11
Letter of Intent Deadline2-07-11
Application Deadline3-09-11
Completeness Review Deadline3-16-11
Application Omissions Deadline4-13-11
Agency Initial Decision Deadline6-10-11
Hospital Beds and Facilities
2nd Batching Cycle – 2011
Summary Need Projections Published in F.A.W.7-22-11
Letter of Intent Deadline8-08-11
Application Deadline9-07-11
Completeness Review Deadline9-14-11
Application Omissions Deadline10-12-11
Agency Initial Decision Deadline12-09-11
Hospital Beds and Facilities
1st Batching Cycle – 2008
Summary Need Projections Published in F.A.W.1-25-08
Letter of Intent Deadline2-11-08
Application Deadline3-12-08
Completeness Review Deadline3-19-08
Application Omissions Deadline4-16-08
Agency Initial Decision Deadline6-13-08
Hospital Beds and Facilities
2nd Batching Cycle – 2008
Summary Need Projections Published in F.A.W.7-25-08
Letter of Intent Deadline8-11-08
Application Deadline9-10-08
Completeness Review Deadline9-17-08
Application Omissions Deadline10-15-08
Agency Initial Decision Deadline12-12-08
Other Beds and Programs
1st Batching Cycle – 2009
Summary Need Projections Published in F.A.W.4-03-09
Letter of Intent Deadline4-20-09
Application Deadline5-20-09
Completeness Review Deadline5-27-09
Application Omissions Deadline6-24-09
Agency Initial Decision Deadline8-21-09
Other Beds and Programs
2nd Batching Cycle – 2009
Summary Need Projections Published in F.A.W.10-02-09
Letter of Intent Deadline10-19-09
Application Deadline11-18-09
Completeness Review Deadline11-25-09
Application Omissions Deadline12-23-09
Agency Initial Decision Deadline2-19-10
Other Beds and Programs
1st Batching Cycle – 2010
Summary Need Projections Published in F.A.W.4-02-10
Letter of Intent Deadline4-19-10
Application Deadline5-19-10
Completeness Review Deadline5-26-10
Application Omissions Deadline6-23-10
Agency Initial Decision Deadline8-20-10
Other Beds and Programs
2nd Batching Cycle – 2010
Summary Need Projections Published in F.A.W.10-01-10
Letter of Intent Deadline10-18-10
Application Deadline11-17-10
Completeness Review Deadline11-24-10
Application Omissions Deadline12-22-10
Agency Initial Decision Deadline2-18-11
Other Beds and Programs
1st Batching Cycle – 2011
Summary Need Projections Published in F.A.W.4-01-11
Letter of Intent Deadline4-18-11
Application Deadline5-18-11
Completeness Review Deadline5-25-11
Application Omissions Deadline6-22-11
Agency Initial Decision Deadline8-19-11
Other Beds and Programs
2nd Batching Cycle – 2011
Summary Need Projections Published in F.A.W.9-30-11
Letter of Intent Deadline10-17-11
Application Deadline11-16-11
Completeness Review Deadline11-23-11
Application Omissions Deadline12-21-11
Agency Initial Decision Deadline2-17-12
(h) through (j) No change.
(2) through (5) No change.
Rulemaking Specific Authority 408.034(6), 408.15(8) FS. Law Implemented 408.033, 408.034, 408.036(2), 408.037(2), 408.038, 408.039, 408.042 FS. History–New 1-1-77, Amended 11-1-77, 9-1-78, 6-5-79, 2-1-81, 4-1-82, 7-29-82, 9-6-84, Formerly 10-5.08, Amended 11-24-86, 3-2-87, 6-11-87, 11-17-87, 3-23-88, 5-30-90, 12-20-90, 1-31-91, 9-9-91, 5-12-92, 7-1-92, 8-9-92, Formerly 10-5.008, Amended 4-19-93, 6-23-94, 10-12-94, 10-18-95, 2-12-96, 7-18-96, 9-16-96, 11-4-97, 7-21-98, 12-12-00, 4-2-01, 1-10-02, 6-26-03, 12-13-04, 9-28-05, 10-9-07,_______.
59C-1.010 Certificate of Need Application Review Procedures
(1) No change.
(2) General Provisions.
(a) Applications subject to comparative or expedited review shall be submitted to the agency on AHCA Form 3150-0001, March 2009 Application for a Certificate of Need; or 3150-0003, March 2009 Transfer of a Certificate of Need; or 3150-0002, March 2009 Application for a General Hospital Certificate of Need, CON-1, as referenced in paragraph 59C-1.008(1)(f), F.A.C.
(b) through (d) No change.
(3) through (4) No change.
(5)(a) through (d) No change.
(e) Section 408.039(3)(c) and (d) and (5)(c), F.S., impose strict guidelines for who may challenge an application by a general hospital; when that challenge must be filed; the subjects which may be challenged and the timing of any response by the applicant. Participation in any subsequent hearing is precluded by those who do not challenge timely. Challenges must be received within 21 days of the Omissions Submission Deadline for each Batching Cycle as published in Rule 59C-1.008, F.A.C.
Rulemaking Specific Authority 408.034(6), 408.15(8) FS. Law Implemented 408.033(1), 408.035(2), 408.036(2), 408.037(2), 408.039(3), (4), (5) FS. History–New 1-1-77, Amended 11-1-77, 9-1-78, 6‑5‑79, 4‑25‑80, 2‑1‑81, 3‑31‑82, 12‑23-82, Formerly 10-5.10, Amended 11‑24‑86, 11‑17‑87, 3-23-88, 8-28-88, 1-31-91, 7-1-92, 7-14-92, Formerly 10-5.010, Amended 10-8-97, 12-12-00, 4-2-01, 6-23-05,________.
59C-1.012 Administrative Hearing Procedures.
(1) through (2)(d) No change.
(e) For an application for a new construction or establishment of a general hospital, administrative hearings shall commence within 6 months after the administrative law judge has been assigned, and a continuance may not be granted absent a finding of extraordinary circumstances by the administrative law judge. Financial information which describes the applicant’s ability to complete the project will be submitted at this point in the process and will be submitted on forms supplied by the Agency for Health Care Administration.
(e)(f) The party appealing a final order that grants a general hospital certificate of need shall post a $1 million bond as directed in Section 408.039(6)(d), Florida Statutes. The bond must be made payable to the appellee or appellees Agency for Health Care Administration, bureau of Health Facilities Regulation, Office of Certificate of Need and must reference the appealing party, the CON number being appealed, and the Division of Administrative Hearings (DOAH) case number if available, and the date the CON was filed. The bond needs to be sent to:
Agency for Health Care Administration
Attention: Agency Clerk
2727 Mahan Drive, MS #3
Tallahassee, Florida 32308
AHCA Office of Certificate of Need
2727 Mahan Drive, MS #28
Tallahassee, Florida 32308
1. The appealing party must be clearly identified in the title of the Bond.
2. Without the necessary information in subparagraphs 59C-1.012(2)(f)2., a. and b., F.A.C., the appeal will not be accepted.
Rulemaking Specific Authority 408.034 (6), 408.15(8) FS. Law Implemented 408.039(5), 408.039(6) FS. History–New 1-1-77, Amended 9-1-78, 6-5-79, 10-23-79, 4-25-80, Formerly 10-5.12, Amended 11-24-86, 11-17-87, Formerly 10-5.012, Amended 12-14-92,_______.
59C-1.030 Criteria Used in the Evaluation of Applications.
In addition to criteria set forth in Section 408.035, F.S., the following criteria are used in the review of an application.
(1) For a new general hospital as defined in Section 395.002, F.S. and subparagraph 59A-3.252(1)(a)1. and 3., F.A.C. the criteria for evaluation are those found includes the need for health care facilities and health services being proposed, availability, accessibility, and extent of utilization of existing facilities and services in the service district of the applicant, the extent that access will be enhanced, the extent that competition, quality and cost-effectiveness will be fostered and provision of services to Medicaid patients and the Medically indigent and is as itemized in Sections 408.035(2) and 408.037(2), F.S. General Provisions (Reserved)
(2) No change.
Rulemaking Specific Authority 408.15(8), 408.034(3), (6)(5) FS. Law Implemented 408.035, 408.037 FS. History–New 1-1-77, Amended 11-1-77, 6-5-79, 4-24-80, 2-1-81, 4-1-82, 11‑9-82, 2-14-83, 4-7-83, 6-9-83, 6‑10-83, 12-12-83, 3-5-84, 5-14-84, 7-16-84, 8-30-84, 10-15-84, 12-25-84, 4-9-85, Formerly 10-5.11, Amended 6-19-86, 11-24-86, 1-25-87, 3-2-87, 3-12-87, 8-11-87, 8-7-88, 8-28-88, 9-12-88, 4-19-89, 10-19-89, 5-30-90, 7-11-90, 8-6-90, 10-10-90, 12-23-90, Formerly 10-5.011(1)(a), (b), Formerly 10-5.030, Amended_________.
