59C-1.008: Certificate of Need Application Procedures
PURPOSE AND EFFECT: The agency is proposing to update the rule to add the CY 2012 and 2013 batching calendars for applications and to delete obsolete language in Rule 59C-1.008, F.A.C.
SUMMARY: The proposed rule is updated to include CY 2012 and 2013 batching calendar dates and reflect statutory changes that delete burn units and shared services programs currently listed in rule in Rule 59C-1.008, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: There will be no impact on economic growth, job creation or employment, private-sector investment, or business competitiveness and no increase in regulatory costs.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 408.15(8), 408.034(6) FS.
LAW IMPLEMENTED: 408.033, 408.034, 408.036(2), 408.037, 408.038, 408.039, 408.042 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Marisol Novak
THE FULL TEXT OF THE PROPOSED RULE IS:
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, the establishment of new neonatal level II and level III programs unless otherwise exempt pursuant to Section 408.036(3)(l), F.S., and comprehensive medical rehabilitation beds unless otherwise exempt pursuant to Section 408.036(3)(j), F.S., and except as provided in Section 408.037(2), F.S., for a general hospital. Unless otherwise directed by Section 408.037(2), F.S., general hospital applications shall conform to the schedules in this rule and will use all the applications and schedules described in paragraph (1)(f). 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) through (f) No change.
(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
2nd Batching Cycle 2009
Summary Need Projections Published in F.A.W. 7-24-09
Letter of Intent Deadline 8-10-09
Application Deadline 9-09-09
Completeness Review Deadline 9-16-09
Application Omissions Deadline 10-14-09
Agency Initial Decision Deadline 12-11-10
Hospital Beds and Facilities
1st Batching Cycle 2010
Summary Need Projections Published in F.A.W. 1-22-10
Letter of Intent Deadline 2-08-10
Application Deadline 3-10-10
Completeness Review Deadline 3-17-10
Application Omissions Deadline 4-14-10
Agency Initial Decision Deadline 6-11-10
Hospital Beds and Facilities
2nd Batching Cycle 2010
Summary Need Projections Published in F.A.W. 7-23-10
Letter of Intent Deadline 8-09-10
Application Deadline 9-08-10
Completeness Review Deadline 9-15-10
Application Omissions Deadline 10-13-10
Agency Initial Decision Deadline 12-10-10
Hospital Beds and Facilities
1st Batching Cycle 2011
Summary Need Projections Published in F.A.W. 1-21-11
Letter of Intent Deadline 2-07-11
Application Deadline 3-09-11
Completeness Review Deadline 3-16-11
Application Omissions Deadline 4-13-11
Agency Initial Decision Deadline 6-10-11
Hospital Beds and Facilities
2nd Batching Cycle 2011
Summary Need Projections Published in F.A.W. 7-22-11
Letter of Intent Deadline 8-08-11
Application Deadline 9-07-11
Completeness Review Deadline 9-14-11
Application Omissions Deadline 10-12-11
Agency Initial Decision Deadline 12-09-11
Hospital Beds and Facilities
1st Batching Cycle 2012
Summary Need Projections Published in F.A.W. 1-20-12
Letter of Intent Deadline 2-06-12
Application Deadline 3-07-12
Completeness Review Deadline 3-14-12
Application Omissions Deadline 4-11-12
Agency Initial Decision Deadline 6-08-12
Hospital Beds and Facilities
2nd Batching Cycle 2012
Summary Need Projections Published in F.A.W. 7-20-12
Letter of Intent Deadline 8-06-12
Application Deadline 9-05-12
Completeness Review Deadline 9-12-12
Application Omissions Deadline 10-10-12
Agency Initial Decision Deadline 12-07-12
Hospital Beds and Facilities
1st Batching Cycle 2013
Summary Need Projections Published in F.A.W. 1-18-13
Letter of Intent Deadline 2-04-13
Application Deadline 3-06-13
Completeness Review Deadline 3-13-13
Application Omissions Deadline 4-10-13
Agency Initial Decision Deadline 6-07-13
Hospital Beds and Facilities
2nd Batching Cycle 2013
Summary Need Projections Published in F.A.W. 7-19-13
Letter of Intent Deadline 8-05-13
Application Deadline 9-04-13
Completeness Review Deadline 9-11-13
Application Omissions Deadline 10-09-13
Agency Initial Decision Deadline 12-06-13
Other Beds and Programs
2nd Batching Cycle 2009
Summary Need Projections Published in F.A.W. 10-02-09
Letter of Intent Deadline 10-19-09
Application Deadline 11-18-09
Completeness Review Deadline 11-25-09
Application Omissions Deadline 12-23-09
Agency Initial Decision Deadline 2-19-10
Other Beds and Programs
1st Batching Cycle 2010
Summary Need Projections Published in F.A.W. 4-02-10
Letter of Intent Deadline 4-19-10
Application Deadline 5-19-10
Completeness Review Deadline 5-26-10
Application Omissions Deadline 6-23-10
Agency Initial Decision Deadline 8-20-10
Other Beds and Programs
2nd Batching Cycle 2010
Summary Need Projections Published in F.A.W. 10-01-10
Letter of Intent Deadline 10-18-10
Application Deadline 11-17-10
Completeness Review Deadline 11-24-10
Application Omissions Deadline 12-22-10
Agency Initial Decision Deadline 2-18-11
Other Beds and Programs
1st Batching Cycle 2011
Summary Need Projections Published in F.A.W. 4-01-11
Letter of Intent Deadline 4-18-11
Application Deadline 5-18-11
Completeness Review Deadline 5-25-11
Application Omissions Deadline 6-22-11
Agency Initial Decision Deadline 8-19-11
Other Beds and Programs
2nd Batching Cycle 2011
Summary Need Projections Published in F.A.W. 9-30-11
Letter of Intent Deadline 10-17-11
Application Deadline 11-16-11
Completeness Review Deadline 11-23-11
Application Omissions Deadline 12-21-11
Agency Initial Decision Deadline 2-17-12
Other Beds and Programs
1st Batching Cycle 2012
Summary Need Projections Published in F.A.W. 3-30-12
Letter of Intent Deadline 4-16-12
Application Deadline 5-16-12
Completeness Review Deadline 5-23-12
Application Omissions Deadline 6-20-12
Agency Initial Decision Deadline 8-17-12
Other Beds and Programs
2nd Batching Cycle 2012
Summary Need Projections Published in F.A.W. 9-28-12
Letter of Intent Deadline 10-15-12
Application Deadline 11-14-12
Completeness Review Deadline 11-21-12
Application Omissions Deadline 12-19-12
Agency Initial Decision Deadline 2-15-13
Other Beds and Programs
1st Batching Cycle 2013
Summary Need Projections Published in F.A.W. 3-29-13
Letter of Intent Deadline 4-15-13
Application Deadline 5-15-13
Completeness Review Deadline 5-22-13
Application Omissions Deadline 6-19-13
Agency Initial Decision Deadline 8-16-13
Other Beds and Programs
2nd Batching Cycle 2013
Summary Need Projections Published in F.A.W. 9-27-13
Letter of Intent Deadline 10-14-13
Application Deadline 11-13-13
Completeness Review Deadline 11-20-13
Application Omissions Deadline 12-18-13
Agency Initial Decision Deadline 2-14-14
(h) through (i) No change.
(j) Persons applying under a shared services agreement must each be named as an applicant for the Certificate of Need, with each separately meeting all requirements for application.
(2) through (5) No change.
Rulemaking Authority 408.034(6), 408.15(8) FS. Law Implemented 408.033, 408.034, 408.036(2), 408.037, 408.038, 408.039, 408.042 FS. HistoryNew 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, 8-10-92. 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, 4-21-10,________.
