The Final Order is Denying Emergency Petition for Variance from or Waiver of Rule 59C-1.018(3)(b), F.A.C, Termination of Certificate of Need. The Order concerned the Petition for Waiver or Variance, filed on November 29, 2007, by Hillsborough ...

 

AGENCY FOR HEALTH CARE ADMINISTRATION
Certificate of Need

RULE NO: RULE TITLE
59C-1.018: Termination of Certificate of Need

NOTICE IS HEREBY GIVEN THAT on December 28, 2007, the Agency for Health Care Administration has issued an order.

The Final Order is Denying Emergency Petition for Variance from or Waiver of paragraph 59C-1.018(3)(b), F.A.C., Termination of Certificate of Need.

The Order concerned the Petition for Waiver or Variance, filed on November 29, 2007, by Hillsborough Extended Care, LLC. The Notice of Petition for Waiver or Variance was published on pp. 6047-6048 of Vol. 33, No. 51, of the December 21, 2007, F.A.W. Petitioner requested a variance from or waiver of paragraph 59C-1.018(3)(b), F.A.C., entitled “Termination of Certificate of Need” which states that a Certificate of Need will terminate eighteen (18) months from the date of issuance, and requires that requests for extensions be filed no less than 15 calendar days before the Certificate of Need expiration date. The petition sought a variance from or waiver of the 15 day prior notice requirement of this rule.

The Agency denied this late extension request in correspondence dated October 23, 2007, and issued a Final Order on the Emergency Petition on December 28, 2007. The basis for the Agency’s denial of the petition is the failure of the petitioner to establish that the requirements for a variance or waiver under Section 120.542(2), F.S., had been met.

A copy of the Order may be obtained by contacting: Lorraine M. Novak, Assistant General Counsel, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #3, Tallahassee, Florida 32308, [e-mail], [phone].