AGENCY FOR HEALTH CARE ADMINISTRATION
RULE NOS.:RULE TITLES:
59C-1.040Hospital Inpatient General Psychiatric Services
59C-1.041Hospital Inpatient Substance Abuse Services
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. 41 No. 2, January 5, 2015 issue of the Florida Administrative Register.
59C-1.040 New Hospital Inpatient Psychiatric Services.
(1) Agency Intent. This rule implements the provisions of Sections 408.032(9), 408.034(3), 408.034(6), 408.036(1)(b) and (c), 395.002(15), and 395.003(4), F.S. It is the intent of the agency to ensure the availability of hospital inpatient general psychiatric services as defined in this rule for children, adolescents and adults in need of these services regardless of their ability to pay. This rule regulates the establishment of new inpatient psychiatric hospitals and new inpatient intensive residential treatment facilities for children and adolescents and specifies which services can be provided by licensed or approved providers of hospital inpatient general psychiatric services.
(2) through (2)(d) No change.
(e) “Charity Care.” Is As defined the same as in Section 409.911 (1), F.S., charity care is the portion of hospital charges reported to the Agency for Health Care Administration for which there is no compensation, other than restricted or unrestricted revenues provided to a hospital by local governments or tax districts regardless of the method of payment, for care provided to a patients whose family income for the 12 months preceding the determination is less than or equal to 200 percent of the federal poverty level, unless the amount of hospital charges due from the patient exceeds 25 percent of the annual family income. However, in no case shall the hospital charges for a patient whose family income exceeds four times the federal poverty level for a family of four be considered charity.
(2)(f) through (2)(h) No change.
(2)(i) “General Hospital.” Means any facility which meets the provisions of 395.002 (12), F.S.A hospital which provides services to the general population and does not restrict its services to any specified medical or psychiatric illness or to any specified age or gender group of the population, as defined in Section 395.002(10), F.S.
(2)(j) through (2)(l) No change.
(2)(m) “Intensive Residential Treatment Program for Children and Adolescents.” An inpatient program which provides intensive residential treatment services for children and adolescents, as described in Section 395.002(15), F.S., including 24-hour care and diagnosis and treatment of patients under the age of 18 having psychiatric disorders. A facility may seek certificate of need approval for an intensive residential treatment program for children and adolescents in order to have the program beds licensed as specialty hospital beds for hospital inpatient general psychiatric services, in accordance with Section 395.003(2)(c), F.S., and Chapter 59A-3, F.A.C. The net need for intensive residential treatment program beds for children and adolescents in facilities seeking to have the beds licensed as specialty hospital beds is included in the net need for hospital inpatient psychiatric beds for children and adolescents calculated under paragraph (4)(f) of this rule.
(2)(n) through (3)(g) No change.
(3)(h) Excluded Hospitals. Hospitals operated by the State of Florida are not regulated under this rule pursuant to Section 408.036 (3)(d), (r) and (s), F.S.
(4) through (4)(c)2. No change.
(4)(c)3. PA equals the estimated population age 18 and over in the district. For applications submitted between January 1 and June 30, PA is the population estimate for January of the preceding year; for applications submitted between July 1 and December 31, PA is the population estimate for July of the preceding year. The population estimate shall be the most recent estimate published by the Office of the Governor and available to the agency at least 6 weeks prior to publication of the fixed bed need pool. The following material is incorporated by reference within this rule: the Florida Population Estimates and Projections by AHCA District 2010 to 2030, released February 2015 September 2013. This publication is available on the Agency website at http://ahca.myflorida.com/MCHQ/CON_FA/Publications/index.shtml and http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX01677.
(4)(c)4. through (7)(a) No change.
(4)(e) through (7)(a) No change.
(7)(b) Hospital Inpatient Psychiatric Services for Children. As required by Section 394.4785 394.4875 (2), F.S., facilities providing hospital inpatient psychiatric services to children must have beds and common areas designated for children which cannot be used by adults. Adolescents may be treated in the units designated for children. Adolescents may only be treated in units designated for adult hospital inpatient psychiatric services if the admitting physician indicates that such placement is medically indicated, or for reasons of safety.
(7)(c) through (8)(i) No change.
(9) Quarterly Reports. Facilities providing licensed hospital inpatient psychiatric services, including facilities with intensive residential treatment program beds for children and adolescents licensed as specialty hospital beds, shall report to the agency or its designee, within 45 days after the end of each calendar quarter, the number of hospital inpatient psychiatric services admissions and patient days by age groups: (patients under age 18 years and adults).
(10) No change.
Rulemaking Authority 408.034(3), (8), 408.15(8) FS. Law Implemented 408.034(3), 408.034(8), 408.035, 408.036(1)(b), (c), 408.039(4)(a) FS. History–New 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)(o), 10-5.040, Amended 8-24-93, 2-22-95,_________.
59C-1.041 New Hospital Inpatient Substance Abuse Services.
(1) Agency Intent. This rule implements the provisions of Sections 408.032(9), 408.034(3), 408.034(6), 408.036(1)(b) and (c), and Section 395.003(4), F.S. It is the intent of the agency to ensure the availability of hospital inpatient substance abuse services for children, adolescents and adults in need of these services regardless of their ability to pay. This rule regulates the establishment of new inpatient substance abuse hospitals and specifies which services can be provided by licensed or approved providers of hospital inpatient substance abuse services.
(2) through (2)(d) No change.
(2)(e) “Charity Care.” Is As defined the same as in Section 409.911 (1), F.S., charity care is the portion of hospital charges reported to the Agency for Health Care Administration for which there is no compensation, other than restricted or unrestricted revenues provided to a hospital by local governments or tax districts regardless of the method of payment, for care provided to a patients whose family income for the 12 months preceding the determination is less than or equal to 200 percent of the federal poverty level, unless the amount of hospital charges due from the patient exceeds 25 percent of the annual family income. However, in no case shall the hospital charges for a patient whose family income exceeds four times the federal poverty level for a family of four be considered charity.
(2)(f) through (2)(h) No change.
(2)(i) “General Hospital.” Means any facility which meets the provision of section 395.002(12), F.S., and which makes its facilities and services available to the general population.
(2)(j) through (3)(g) No change.
(3)(h) Excluded Hospitals. Hospitals operated by the State of Florida are not regulated under this rule pursuant to Section 408.036 (3)(d), (r) and (s), F.S.
(4) through (4)(c)2. No change.
(4)(c)3. PA equals the estimated population age 18 or over in the district. For applications submitted between January 1 and June 30, PA is the population estimate for January of the preceding year; for applications submitted between July 1 and December 31, PA is the population estimate for July of the preceding year. The population estimate shall be the most recent estimate published by the Office of the Governor and available to the agency at least 6 weeks prior to publication of the fixed bed need pool. The following material is incorporated by reference within this rule: the Florida Population Estimates and Projections by AHCA District 2010 to 2030, released February 2015 September 2013. This publication is available on the Agency website at http://ahca.myflorida.com/MCHQ/CON_FA/Publications/index.shtml and http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX01677.
(4)(c)4. through (8)(h) No change.
(9) Quarterly Reports. Facilities providing licensed hospital inpatient substance abuse services shall report to the agency or its designee, within 45 days after the end of each calendar quarter, the number of hospital inpatient substance abuse services admissions and patient days by age groups: (patients under age 18 years and adults).
Rulemaking Authority 408.034(3), (8), 408.15(8) FS. Law Implemented 408.034(3), 408.034(8), 408.035, 408.036(1)(b), (c), 408.039(4)(a) FS. History–New 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)(q), 10-5.041, Amended 8-24-93, 2-22-95,_________.
