AGENCY FOR HEALTH CARE ADMINISTRATION
Certificate of NeedRULE NO: RULE TITLE
59C-1.008: Certificate of Need Application Procedures
59C-1.012: Administrative Hearing ProceduresNOTICE 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. 34, No. 48, November 26, 2008 issue of the Florida Administrative Weekly and subsequently amended by notice of change published in Vol. 35, No. 9, March 6, 2009 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 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 home Aapplicants 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 Forms 3150-0001 Application For A Certificate Of Need, March 2009 or 3150-0003 Transfer Of A Certificate of Need, March 2009, CON-1, July 2000, which includes a Cover Page, Cover Page-TRN 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 or 10-TRN, 11-Trn, and 12-TRN, which are incorporated by reference herein. An application for a General Hospital shall be submitted on AHCA Form 3150-0002, March 2009 Application For A General Hospital Certificate of Need which include Schedules 11, A(H), B(H), C, D(H) in addition to a Cover (H) Page, which are incorporated by reference herein. A Paper copies copy of AHCA Form 3150-0001 Application For A Certificate of Need, March 2009m AHCA Form 3150-0002, March 2009 Application For A General Hospital Certificate of Need or AHCA Form 3150-0003 Transfer of A Certificate of Need, March 2009 or copies on electronic media CON-1 and the Schedules may be obtained from:
Agency for Health Care Administration
Certificate of Need
2727 Mahan Drive, Building 1, Mail Stop 28
Tallahassee, FL 32308
An Eelectronic versions of AHCA Forms 3150-0001, 3150-0002 and 3150-0003 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 subsections 408.035(2), F.S., and be submitted on AHCA Form 3150-0002, March 2009 Application For A 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 Facilities
1st Batching Cycle – 2007
Summary Need Projections Published in F.A.W.1-26-07
Letter of Intent Deadline2-12-07
Application Deadline3-14-07
Completeness Review Deadline3-21-07
Application Omissions Deadline4-18-07
Agency Initial Decision Deadline6-15-07
Hospital Beds and Facilities
2nd Batching Cycle – 2007
Summary Need Projections Published in F.A.W.7-27-07
Letter of Intent Deadline8-13-07
Application Deadline9-12-07
Completeness Review Deadline9-19-07
Application Omissions Deadline10-17-07
Agency Initial Decision Deadline12-14-07
Hospital Beds and Facilities
1st Batching Cycle – 2008
Summary Need Projections Published in F.A.W.1-25-08
Letter of Intent Deadline2-11-08
Application Deadline3-12-08
Completeness Review Deadline3-19-08
Application Omissions Deadline4-16-08
Agency Initial Decision Deadline6-13-08
Hospital Beds and Facilities
2nd Batching Cycle – 2008
Summary Need Projections Published in F.A.W.7-25-08
Letter of Intent Deadline8-11-08
Application Deadline9-10-08
Completeness Review Deadline9-17-08
Application Omissions Deadline10-15-08
Agency Initial Decision Deadline12-12-08
Hospital Beds and Facilities
1st Batching Cycle – 2009
Summary Need Projections Published in F.A.W.1-23-09
Letter of Intent Deadline2-09-09
Application Deadline3-11-09
Completeness Review Deadline3-128-09
Application Omissions Deadline4-15-09
Agency Initial Decision Deadline6-12-09
Hospital Beds and Facilities
2nd Batching Cycle – 2009
Summary Need Projections Published in F.A.W.7-24-09
Letter of Intent Deadline8-10-09
Application Deadline9-09-09
Completeness Review Deadline9-16-09
Application Omissions Deadline10-14-09
Agency Initial Decision Deadline12-110-09
Hospital Beds and Facilities
1st Batching Cycle – 2010
Summary Need Projections Published in F.A.W.1-22-10
Letter of Intent Deadline2-08-10
Application Deadline3-10-10
Completeness Review Deadline3-17-10
Application Omissions Deadline4-14-10
Agency Initial Decision Deadline6-11-10
Hospital Beds and Facilities
2nd Batching Cycle – 2010
Summary Need Projections Published in F.A.W.7-23-10
Letter of Intent Deadline8-09-10
Application Deadline9-08-10
Completeness Review Deadline9-15-10
Application Omissions Deadline10-13-10
Agency Initial Decision Deadline12-10-10
Other Beds and Programs
1st Batching Cycle – 2007
Summary Need Projections Published in F.A.W.4-06-07
Letter of Intent Deadline4-23-07
Application Deadline5-23-07
Completeness Review Deadline5-30-07
Application Omissions Deadline6-27-07
Agency Initial Decision Deadline8-24-07
Other Beds and Programs
2nd Batching Cycle – 2007
Summary Need Projections Published in F.A.W.10-05-07
Letter of Intent Deadline10-22-07
Application Deadline11-21-07
Completeness Review Deadline11-28-07
Application Omissions Deadline12-26-07
Agency Initial Decision Deadline2-22-08
Other Beds and Programs
1st Batching Cycle – 2008
Summary Need Projections Published in F.A.W.4-04-08
Letter of Intent Deadline4-21-08
Application Deadline5-21-08
Completeness Review Deadline5-28-08
Applicant Omissions Deadline6-25-08
Agency Initial Decision Deadline8-22-08
Other Beds and Programs
2nd Batching Cycle – 2008
Summary Need Projections Published in F.A.W. 10-03-08
Letter of Intent Deadline10-20-08
Application Deadline11-19-08
Completeness Review Deadline11-26-08
Applicant Omissions Deadline12-24-08
Agency Initial Decision Deadline2-20-09
Other Beds and Programs
1st Batching Cycle – 2009
Summary Need Projections Published in F.A.W.4-03-09
Letter of Intent Deadline4-20-09
Application Deadline5-20-09
Completeness Review Deadline5-27-09
Application Omissions Deadline6-24-09
Agency Initial Decision Deadline8-21-09
Other Beds and Programs
2nd Batching Cycle – 2009
Summary Need Projections Published in F.A.W.10-02-09
Letter of Intent Deadline10-19-09
Application Deadline11-18-09
Completeness Review Deadline11-25-09
Application Omissions Deadline12-23-09
Agency Initial Decision Deadline2-19-10
Other Beds and Programs
1st Batching Cycle – 2010
Summary Need Projections Published in F.A.W.4-02-10
Letter of Intent Deadline4-19-10
Application Deadline5-19-10
Completeness Review Deadline5-26-10
Application Omissions Deadline6-23-10
Agency Initial Decision Deadline8-20-10
Other Beds and Programs
2nd Batching Cycle – 2010
Summary Need Projections Published in F.A.W.10-01-10
Letter of Intent Deadline10-18-10
Application Deadline11-17-10
Completeness Review Deadline11-24-10
Application Omissions Deadline12-22-10
Agency Initial Decision Deadline2-18-11
(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 applicant’s 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 applicant's 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.
Rulemaking Specific Authority 408.034(6), 408.15(8) FS. Law Implemented 408.033, 408.037, 408.038, 408.039 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, 8-10-92, 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-1.012 Administrative Hearing Procedures.
(1) through (2)(d) No change.
(e) The party appealing a final order that grants a general hospital certificate of need shall post a $1 million bond as directed in Florida Statute 408.039(6)(d). The bond must be made payable to the appellee or appellees and must reference the appealing party, the CON number being appealed, and the Division of Administrative Hearings (DOAH) case number. The bond needs to be sent to:
Agency for Health Care Administration
Attention: Agency Clerk
2727 Mahan Drive, MS #3
Tallahassee, Florida 32308
Rulemaking Specific Authority 408.034(6), 408.15(8) FS. Law Implemented 408.039(5), 408.039(6), 120.57, 120.59 FS. History– New 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,________.
