Certificate of Need Application Procedures

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Certificate of Need

RULE NO.:RULE TITLE:

59C-1.008Certificate of Need Application Procedures

NOTICE 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. 47 No. 200, October 14, 2021 issue of the Florida Administrative Register.

59C-1.008 Certificate of Need Application Procedures.

(1) No change.

(2) Fixed Need Pools.

(a) Publication of Fixed Need Pools.

1. The Agency shall publish in the Florida Administrative Register at least 15 days prior to the letter of intent deadline for a particular batching cycle the Fixed Need Pools for the applicable planning horizon specified for each bed or program in applicable Agency rules contained in Rules 59C-1.0355 and 59C-1.036, F.A.C. In cases of conflict with paragraph 59C-1.008 (1)(g), F.A.C., subparagraph 59C-1.008(2)(a)1., F.A.C., prevails, and the summary need projections published in the F.A.R. shall be published one week earlier with all other dates in the batching cycle remaining as noticed in paragraph 59C-1.008(1)(g), F.A.C.

2. Any person who identifies a mathematical or data input error made by the Agency in its calculation of the Fixed Need Pool numbers must advise the Agency of the error within ten (10) 10 days of the date the Fixed Need Pool was published in the Florida Administrative Register. As used in this section, the term “error” does not include inaccuracies in reports which provide the underlying data required to calculate the Fixed Need Pool numbers if such reports were not produced by the Agency unless the Agency is notified of such inaccuracy at least fifteen days prior to the initial publication of the Fixed Need Pool numbers.  If the Agency concurs in the error, the Fixed Need Pool number will be adjusted and re-published in the first available edition of the Florida Administrative Register. Failure to notify the Agency of the error during this time period will result in no adjustment to the Fixed Need Pool number for that batching cycle.

3. Except as provided in subparagraph 2. above, the batching cycle specific Fixed Need Pools shall not be changed or adjusted in the future regardless of any future changes in need methodologies, population estimates, bed inventories, or other factors which would lead to different projections of need, if retroactively applied.

(b) through (e) No change.

(3) Filing Fees. Certificate of Need applications shall not be accepted by the Agency at the time of filing unless accompanied by the minimum base Certificate of Need application filing fee in accordance with Section 408.038, F.S. The minimum base fee shall be $10,000. In addition to the base fee of $10,000, the fee shall be 0.015 of each dollar of the proposed expenditure, except that no fee shall exceed $50,000.

(a) through (b) No change.

(c) Checks that are returned by the bank for insufficient funds will be received by the Agency staff.

1. For an expedited review application, when a check is returned by the bank for insufficient funds, the Agency or designee will send a letter the check back to the applicant, stating that the application is incomplete due to failure to pay the Certificate of Need filing fee and that, until the appropriate fee is received, the application cannot be further processed. Notification to the applicant will also state that a service charge of $15 or 5% of the face amount of the check, whichever is less, must be added to the amount due pursuant to Section 215.34(2), F.S. The application will be withdrawn from review returned to the applicant if the correct fee is not received twenty-one (21) thirty days from the date of the letter informing the applicant of the insufficient fee.

2. For a batched review application, when a check is returned by the bank for insufficient funds, the Agency or designee will send the applicant a letter returning the check along with the application, and advising the applicant that the application is incomplete and is deemed withdrawn from review.

(4) through (5) No change.

(6) This rule is in effect for five years from its effective date. The Agency will review this rule five years from the effective date and repromulgate, amend or repeal the rule as appropriate, in accordance with Section 120.54, F.S., and Chapter 1-1, F.A.C.

Rulemaking Authority 408.034(3), (8), 408.15(8) FS. Law Implemented 408.033, 408.034, 408.035, 408.036, 408.037, 408.038, 408.039, 408.040, 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, 4-21-10, 2-13-12, 8-15-13, 10-29-15, 10-17-19, 12-30-20,              .