The Agency is proposing to amend Rule 59C-1.005, F.A.C., to add exemption criteria pursuant to statutory changes during the 2017 legislative session to 408.036 (3), F.S.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Certificate of Need

RULE NO.:RULE TITLE:

59C-1.005Certificate of Need Exemption Procedure

PURPOSE AND EFFECT: The Agency is proposing to amend Rule 59C-1.005, F.A.C., to add exemption criteria pursuant to statutory changes during the 2017 legislative session to 408.036 (3), F.S.

SUMMARY: Amendments to 59C-1.005 (6)(l) identifies the necessary documentation an applicant must submit to be approved for the establishment of a new hospice through the Certificate of Need exemption process.

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.

For rules listed where no SERC was prepared, the Agency prepared a checklist for each rule to determine the necessity for a SERC.

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: Based on this information at the time of the analysis and pursuant to section 120.541, Florida Statutes, the rule will not require legislative ratification.

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: 408.034 (8) and 408.15 (8), FS.

LAW IMPLEMENTED: 408.036 (3) (4), FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: March 1, 2018, 8 a.m. to 9 a.m.

PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building #3, Conference Room C, Tallahassee, FL 32308

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least three days before the workshop/meeting by contacting: Marisol Fitch, Bureau of Health Facility Regulation, 2727 Mahan Drive, Tallahassee, Florida, [phone] or by email at [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Marisol Fitch at [phone] or email at: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59C-1.005 Certificate of Need Exemption Procedure.

(1) through (5) No change.

(6) Project Specific Exemption Requests. In addition to meeting the requirements of subsections (1) and (2) of this rule, requests for exemption of certain projects must meet the additional requirements specified below:

(a) through (k) No change.

(l) The establishment of a hospice program by an entity that shares a controlling interest with a not-for-profit retirement community that offers independent living, assisted living and skilled nursing services provided in facilities on the same premises as the not-for-profit retirement community.  A request for exemption under this paragraph shall specify:

1. Documentation that the skilled nursing home on the premises of the not-for-profit retirement community is designated by the Agency as a teaching nursing home in accordance with 430.80 F.S. and that the facility has been designated as such for at least five consecutive years prior to the exemption request.

2. Verification that the applicant and the not-for-profit retirement community and the licensed skilled nursing facility have shared controlled interest.  Requests under this provision shall require verification that the providers operate the facilities under a common ownership or control.  Verification may include copies of licenses as well as a copy of the certificate of authority showing common ownership or appropriate documentation that establishes the subject nursing homes are affiliates through a shared common ownership or controlling interest as defined in Section 408.803(7), F.S. If Agency records indicate information inconsistent with that presented by the requesting parties, then Agency records create a rebuttable presumption as to the correctness of those records and the request for exemption will be denied.

3. The request shall certify that the exemption applicant does not operate another hospice granted under this provision.

4. The request shall certify that the exemption applicant will only serve hospice patients residing in communites located within the not-for-profit retirement community, including home and community-based service providers.

5. A service authorized under this paragraph shall be inventoried as an approved program until the service is licensed.

Rulemaking Authority 408.034(8), 408.15(8) FS. Law Implemented 408.036(3), (4) FS. History–New 1-1-77, Amended 6-5-79, 2-1-81, Formerly 10-5.05, Amended 11-17-87, 3-23-88, 1-31-91, Formerly 10-5.005, Amended 7-13-98, 4-2-01, 11-12-01, 8-18-05, 3-16-16,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Marisol Fitch

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Justin M. Senior

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 1/24/2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/30/2017