RULE 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-1.013: Monitoring Procedures
59C-1.030: Criteria Used in Evaluation of Applications
Certificate of Need Application Procedures, Certificate of Need Application Review Procedures, Administrative Hearing Procedures, Monitoring Procedures, Criteria Used in Evaluation of Applications
- NOTICE OF CHANGENotice 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.
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 Section 408.037(2), F.S., general hospital applications shall conform to the schedules in this rule and will use all the 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 copy printed and any duplicates in electronic media format (DVD).
(c)1. through 4. No change.
5. Location refers to the health planning subdistricts adopted in Chapter 59C-2, F.A.C., in each program rule under this chapter, or the service districts. The applicant must indicate the subdistrict by name or number.
Nursing homeAapplicants, must also give the name of the county where the proposed project will be located, as provided in Chapter 59C-2, F.A.C.(d) through (e) No change.
(f) Certificate of Need Application Submission. An application for a certificate of need shall be submitted on AHCA Form CON-1, July 200
08, which includes a Cover Page, Schedules A or A-Trn, 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, 11-Trn, and 12, which are incorporated by reference herein. General Hospitals shall submit applications which include Schedules 11, A(H), B(H), C, D(H) in addition to a Cover Page. A paper copy of Form CON-1 or a copy on electronic media and the Schedules may be obtained from:Agency for Health Care Administration,
Certificate of Need
2727 Mahan Drive, Mail Stop 28
Building 1Tallahassee, FL 32308.
An electronic version of Form CON-1 and the Schedules are also available at http://ahca.myflorida.com/MCHQ/CON_FA/Application/index.shtml
www.fdhc.state.fl.us.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 subsection 408.035(2), F.S., and be submitted on AHCA Form CON-1, July 2008 Application for 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 Facilities1st Batching Cycle 2007Summary Need Projections Published in F.A.W.1-26-07Letter of Intent Deadline2-12-07Application Deadline3-14-07Completeness Review Deadline3-21-07Application Omissions Deadline4-18-07Agency Initial Decision Deadline6-15-07Hospital Beds and Facilities2nd Batching Cycle 2007Summary Need Projections Published in F.A.W.7-27-07Letter of Intent Deadline8-13-07Application Deadline9-12-07Completeness Review Deadline9-19-07Application Omissions Deadline10-17-07Agency Initial Decision Deadline12-14-07Hospital Beds and Facilities1st Batching Cycle 2008Summary Need Projections Published in F.A.W.1-25-08Letter of Intent Deadline2-11-08Application Deadline3-12-08Completeness Review Deadline3-19-08Application Omissions Deadline4-16-08Agency Initial Decision Deadline6-13-08Hospital Beds and Facilities2nd Batching Cycle 2008Summary Need Projections Published in F.A.W.7-25-08Letter of Intent Deadline8-11-08Application Deadline9-10-08Completeness Review Deadline9-17-08Application Omissions Deadline10-15-08Agency Initial Decision Deadline12-12-08Hospital Beds and Facilities
1st Batching Cycle 2009
Summary Need Projections Published in F.A.W. 1-23-09
Letter of Intent Deadline 2-09-09
Application Deadline 3-11-09
Completeness Review Deadline 3-1
28-09Application Omissions Deadline 4-15-09
Agency Initial Decision Deadline 6-12-09
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
0-09Hospital 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
Other Beds and Programs1st Batching Cycle 2007Summary Need Projections Published in F.A.W.4-06-07Letter of Intent Deadline4-23-07Application Deadline5-23-07Completeness Review Deadline5-30-07Application Omissions Deadline6-27-07Agency Initial Decision Deadline8-24-07Other Beds and Programs2nd Batching Cycle 2007Summary Need Projections Published in F.A.W.10-05-07Letter of Intent Deadline10-22-07Application Deadline11-21-07Completeness Review Deadline11-28-07Application Omissions Deadline12-26-07Agency Initial Decision Deadline2-22-08Other Beds and Programs1st Batching Cycle 2008Summary Need Projections Published in F.A.W.4-04-08Letter of Intent Deadline4-21-08Application Deadline5-21-08Completeness Review Deadline5-28-08Applicant Omissions Deadline6-25-08Agency Initial Decision Deadline8-22-08Other Beds and Programs2nd Batching Cycle 2008Summary Need Projections Published in F.A.W.10-03-08Letter of Intent Deadline10-20-08Application Deadline11-19-08Completeness Review Deadline11-26-08Applicant Omissions Deadline12-24-08Agency Initial Decision Deadline2-20-09Other Beds and Programs
1st Batching Cycle 2009
Summary Need Projections Published in F.A.W. 4-03-09
Letter of Intent Deadline 4-20-09
Application Deadline 5-20-09
Completeness Review Deadline 5-27-09
Application Omissions Deadline 6-24-09
Agency Initial Decision Deadline 8-21-09
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. 09-30-11
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
(h) through (3) No change.
(4) Certificate of Need Application Contents. An application for a certificate of need shall contain the following items:
(a) All requirements set forth in Sections 408.037(1)
and(2) and (3), F.S.;(b) The correct application fee;
(c) With respect to paragraph 408.037(1)(c), F.S., which requires an audited financial statement of the applicant the following provisions apply:
1. The audited financial statement of the applicant must be for the most current fiscal year. If the most recent fiscal year ended within 120 days prior to the application filing deadline and the audited financial statements are not yet available, then the prior fiscal year will be considered the most recent.
2. Existing health care facilities must provide audited financial statements for the two most recent consecutive fiscal years in accordance with subparagraph 1. above.
3. Only audited financial statements of the applicant will be accepted. Audited financial statements of any part of the applicant, including but not limited to subsidiaries, divisions, specific facilities or cost centers, will not qualify as an audit of the applicant. Nor shall the audited financial statements of the applicants parent corporation qualify as an audit of the applicant.
(d) To comply with Section 408.037(1)(b)1., F.S., which requires a listing of all capital projects, the applicant shall provide the total approximate amount of anticipated expenditures for capital projects which meet the definition in subsection 59C-1.002(7), F.A.C., at the time of initial application submission, or state that there are none. An itemized list or grouping of capital projects is not required, although an applicant may choose to itemize or group its capital projects. The applicant shall also indicate the actual or proposed financial commitment to those projects, and include an assessment of the impact of those projects on the applicants ability to provide the proposed project; and
(e) Responses to applicable questions contained in the application forms.
(5) Identifiable Portions. If an applicant would like to be considered for an award of an identifiable portion of the project, the application, at the time of submission, must include responses to the applicable questions on the identifiable portion. The agency may make a partial award only if the applicant included responses to the applicable questions in the application.
Specific Authority 408.034(6), 408.15(8) FS. Law Implemented 408.033, 408.037, 408.038, 408.039 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,________.
59C-1.010 Certificate of Need Application Review Procedures.
(1) through (2)(c) No change.
(d) An application for a general hospital must meet the requirements of Sections 408.035(2) and 408.037(2), F.S.
(3) through (5)(d) No change.
(e) Sections 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.
(6) through (7) No change.
Specific Authority 408.034(6)
(5), 408.15(8) FS. Law Implemented 408.033(1), 408.035(2), 408.036(2), 408.037(2), 408.039(3)(4)(5)(6)FS. HistoryNew 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 applicants 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.
(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), F.S. The bond must be made payable to the Agency for Health Care Administration, Bureau of Health Facilities Regulation, Office of Certificate of Need and must reference the CON number being appealed, the DOAH number if available, and the date the CON was filed. The bond needs to be sent to:
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.
Specific Authority 408.15(8) FS. Law Implemented 408.039(5), 408.039(6), 120.536(1), 120.54
120.57, 120.59FS. HistoryNew 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-1.013 Monitoring Procedures.
(1) through (2) No change.
(3) Documentation. The following is a listing of all reports required for monitoring compliance with this rule and Rule 59C-1.018, F.A.C.(a) Final Cost Report. The certificate of need holder shall file a Final Cost Report AHCA Form CON-3, Revised July 1997, incorporated by reference herein. A copy of Form CON-3 may be obtained from: Agency for Health Care Administration, Certificate of Need Office, Fort Knox Executive Center, 2727 Mahan Drive, Building 3, Tallahassee, FL 32308. The Final Cost Report must be received by the agency within 90 calendar days of submission of the Architect's Certificate of Final Payment, or upon commencement of the health services, whichever is applicable.(b) Architects Certificate of Final Payment. The certificate of need holder shall provide the agency, in writing, a completed and fully executed architects certification of final payment, AIA Documents G702 and G703, May 83 incorporated by reference herein, or a suitable substitute. A substitute is suitable if it contains the following items:1. A certification by the contractor or the architect of final payment which contains the original construction cost, any cost for change orders, and the total expenditures made or requested;2. A certification by the architect that the project is complete and final payment has been made; and3. An itemized sheet for direct construction costs which breaks down the expenditures by description of work.The report must be received by the agency no later than 30 calendar days following the completion of construction as defined in the owner and contractor agreement, and final approval of the project by the agency.(3)
(4)Reporting Requirements Subsequent to Licensure or Commencement of Services. All holders of a certificate of need that was issued predicated upon conditions expressed on the face of the certificate of need shall provide annual compliance reports to the agency. The reporting period shall be January 1 through December 31 of each year. The holder of a certificate of need who began operation after January 1 will report from the date operation began through December 31. The compliance report shall be submitted no later than April 1 of the subsequent year.(a) The compliance report will contain information necessary for an assessment of compliance with conditions on the certificate of need, utilizing measures, such as a percentage of patient days, that are consistent with the stated condition. The following information shall be provided in the holder's annual compliance report:
1. The time period covered by the measures;
2. The measure for assessing compliance with each of the conditions identified and described on the face of the certificate of need;
3. The way in which the conditions were evaluated by applying the measures;
4. The data sources used to generate information about the conditions that were measured;
5. The person and position responsible for supplying the compliance report;
6. Any other information necessary for the agency to determine compliance with conditions; and,
7. If applicable, the reason or reasons, with supporting data, why the certificate of need holder was unable to meet the conditions set forth on the face of the certificate of need.
(b) A change in the licensee for a facility or service does not affect the obligation for that facility or service to continue to meet conditions imposed on a certificate of need and to provide annual condition compliance reports.
(c) Conditions imposed on a certificate of need may be modified consistent with Rule 59C-1.019, F.A.C.
(4)
(5)Violation of Certificate of Need Conditions. Health care providers found by the agency to be in noncompliance with conditions set forth in their certificate of need shall be fined as defined in Rule 59C-1.021, F.A.C.Specific Authority 408.034(6)
(5), 408.15(8) FS Law Implemented 408.040(1), (2), (3)FS. HistoryNew 1-1-77, Amended 11-1-77, 9-1-78, 6-5-79, 2-1-81, 3-31-82, Formerly 10-5.13, Amended 11-24-86, 7-25-89, Formerly 10-5.013, Amended 10-18-95, 11-4-97, 12-12-00,________.59C-1.030 Criteria Used in the Evaluation of Applications.
In addition to criteria set forth in Section 408.035, Florida Statutes, the following criteria are used in the review of an application.
(1) For general hospitals as defined in Section 395.002, F.S., the criteria for evaluation includes the need, availability and ability of the applicant to provide the proposed care and eliminates quality of care, access, competition and provision of services to the indigent as criteria and is as itemized in Sections 408.035(2) and 408.037(2), F.S.
General Provisions (Reserved)(2) through (3) No change.
Specific Authority 408.15(8), 408.034(3), (6)
(5)FS. Law Implemented 408.035 FS. HistoryNew 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________.Document Information
