The agency is proposing to update the rule pursuant to the amendment of 408.037 (1) (c), F.S., as well as correcting a statutory citation and updating the batching calendar.

 

AGENCY FOR HEALTH CARE ADMINISTRATION

Certificate of Need

RULE NO.: RULE TITLE:

59C-1.008Certificate of Need Application Procedures

PURPOSE AND EFFECT: The agency is proposing to update the rule pursuant to the amendment of Section 408.037 (1) (c), F.S., as well as correcting a statutory citation and updating the batching calendar.

SUMMARY: The agency is proposing to update the rule pursuant to the amendment effective July 1, 2012 to 408.037 (1) (c), F.S., to expand the applicant’s available options regarding audited financial statements. A statutory citation is corrected within the body of the rule. In addition, the 2014 batching calendar is added.

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.

Based on the fact that the updates to the proposed rule simply facilitates the addition of the 2014 batching calendar, corrects a statutory citation and expands the applicant’s available options regarding audited financial statements based upon statutory amendment, the Agency has determined that no SERC is required.

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 the fact that the updates to the proposed rule simply facilitates the addition of the 2014 batching calendar, corrects a statutory citation and expands the applicant’s available options regarding audited financial statements based upon statutory amendment, the Agency has determined that no legislative ratification pursuant to subsection 120.541(3), F.S. is required.

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: 408.15(8), 408.034(6) FS.

LAW IMPLEMENTED: 408.033, 408.034, 408.036(2), 408.037, 408.038, 408.039, 408.042 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: June 21, 2013, 8:30 a.m. - 9:30 a.m.

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

Tallahassee, Florida 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 1 days before the workshop/meeting by contacting: Marisol Fitch at [e-mail] or at 850-412-3750.. 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 [e-mail] or at [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

59C-1.008 Certificate of Need Application Procedures.

(1) through (1)(f) No change.

(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

2nd Batching Cycle – 2011

Summary Need Projections Published in F.A.W.7-22-11

Letter of Intent Deadline8-08-11

Application Deadline9-07-11

Completeness Review Deadline9-14-11

Application Omissions Deadline10-12-11

Agency Initial Decision Deadline12-09-11

Hospital Beds and Facilities

1st Batching Cycle – 2012

Summary Need Projections Published in F.A.W.1-20-12

Letter of Intent Deadline2-06-12

Application Deadline3-07-12

Completeness Review Deadline3-14-12

Application Omissions Deadline4-11-12

Agency Initial Decision Deadline6-08-12

Hospital Beds and Facilities

2nd Batching Cycle – 2012

Summary Need Projections Published in F.A.W.                                                                                                    7-20-12

Letter of Intent Deadline8-06-12

Application Deadline9-05-12

Completeness Review Deadline9-12-12

Application Omissions Deadline10-10-12

Agency Initial Decision Deadline12-07-12

Hospital Beds and Facilities

1st Batching Cycle – 2013

Summary Need Projections Published in F.A.W.                                                                                                  1-18-13

Letter of Intent Deadline2-04-13

Application Deadline3-06-13

Completeness Review Deadline3-13-13

Application Omissions Deadline4-10-13

Agency Initial Decision Deadline6-07-13

Hospital Beds and Facilities

2nd Batching Cycle – 2013

Summary Need Projections Published in F.A.W.  7-19-13

Letter of Intent Deadline  8-05-13

Application Deadline  9-04-13

Completeness Review Deadline  9-11-13

Application Omissions Deadline10-09-13

Agency Initial Decision Deadline12-06-13

 

Hospital Beds and Facilities

1st Batching Cycle – 2014

Summary Need Projections Published in the F.A.W. 1-18-14

Letter of Intent Deadline 2-03-14

Application Deadline 3-05-14

Completeness Review Deadline 3-12-14

Application Omissions Deadline 4-09-14

Agency Initial Decision Deadline 6-06-14

 

 

Hospital Beds and Facilities

2nd Batching Cycle – 2014

Summary Need Projections Published in the F.A.W. 7-18-14

Letter of Intent Deadline 8-04-14

Application Deadline 9-03-14

Completeness Review Deadline 9-10-14

Application Omissions Deadline 10-08-14

Agency Initial Decision Deadline 12-05-14

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. 9-30-11

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

Other Beds and Programs

1st Batching Cycle – 2012

Summary Need Projections Published in F.A.W.                                                                                                  3-30-12

Letter of Intent Deadline4-16-12

Application Deadline5-16-12

Completeness Review Deadline5-23-12

Application Omissions Deadline6-20-12

Agency Initial Decision Deadline8-17-12

Other Beds and Programs

2nd Batching Cycle – 2012

Summary Need Projections Published in F.A.W.9-28-12

Letter of Intent Deadline10-15-12

Application Deadline11-14-12

Completeness Review Deadline11-21-12

Application Omissions Deadline12-19-12

Agency Initial Decision Deadline 2-15-13

Other Beds and Programs

1st Batching Cycle – 2013

Summary Need Projections Published in F.A.W.3-29-13

Letter of Intent Deadline4-15-13

Application Deadline5-15-13

Completeness Review Deadline5-22-13

Application Omissions Deadline6-19-13

Agency Initial Decision Deadline8-16-13

 

Other Beds and Programs

2nd Batching Cycle – 2013

Summary Need Projections Published in F.A.W.9-27-13

Letter of Intent Deadline10-14-13

Application Deadline11-13-13

Completeness Review Deadline11-20-13

Application Omissions Deadline12-18-13

Agency Initial Decision Deadline2-14-14

Other Beds and Programs

1st Batching Cycle – 2014

Summary Need Projections Published in F.A.W. 4-4-14

Letter of Intent Deadline 4-21-14

Application Deadline 5-21-14

Completeness Review Deadline 5-28-14

Application Omissions Deadline 6-25-14

Agency Initial Decision Deadline 8-22-14

Other Beds and Programs

2nd Batching Cycle—2014

Summary Need Projections Published in F.A.W. 10-3-14

Letter of Intent Deadline 10-20-14

Application Deadline 11-19-14

Completeness Review Deadline 11-26-14

Application Omissions Deadline12-24-14

Agency Initial Decision Deadline 2-20-15

 

(h) through (3)(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, the agency or designee will send 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 $10 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) 832.07, F.S. The application will be returned to the applicant if the correct fee is not received thirty days from the date of the letter informing the applicant of the insufficient fee.

2. For a batched review application, 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)(a) through (4) (b) No change.

(c) An With respect to Section 408.037(1)(c), F.S., which requires an audited financial statement of the applicant or the applicant’s parent corporation if the applicant’s audited financial statements do not exist. The the following provisions apply:

1. The audited financial statement of the applicant, or the applicant’s parent corporation, 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, or the applicant’s parent corporation, will be accepted. Audited financial statements of any part of the applicant or the applicant’s parent corporation, including but not limited to subsidiaries, divisions, specific facilities or cost centers, will not qualify as an audit of the applicant or the applicant’s parent corporation. Nor shall the audited financial statements of the applicant’s parent corporation

qualify as an audit of the applicant.

(d) through (5) No change.

Rulemaking Authority 408.034(6), 408.15(8) FS. Law Implemented 408.033, 408.034, 408.036(2), 408.037, 408.038, 408.039, 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,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Marisol Fitch

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Elizabeth Dudek

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 3, 2013