The Agency is proposing to amend 59C-1.008 to update the batching calendar to a more uniform 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 amend Rule 59C-1.008, F.A.C. to update the batching calendar to a more uniform calendar.

SUMMARY: The proposed amendments to this rule include updating the batching calendars to a more uniform calendar.

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.

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 are solely updating materials incorporated and removal of language, 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: 408.034(3), 408.034(8), 408.15 (8) FS.

LAW IMPLEMENTED: 408.033, 408.034, 408.036, 408.037, 408.038 408.039, 408.042 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: September 11, 2015, 8:30 a.m. ‒ 9:30 a.m.

PLACE: The Agency for Health Care Administration, Conference Room C, Building Three, 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, 2727 Mahan Drive, Mail Stop #28, Building 1, Tallahassee, Florida, email: [e-mail] or call [phone]. 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, 2727 Mahan Drive, Mail Stop #28, Building 1, Tallahassee, Florida, email: [e-mail] or call [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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, the establishment of new neonatal level II and level III programs unless otherwise exempt pursuant to Section 408.036(3)(l), F.S., and comprehensive medical rehabilitation beds unless otherwise exempt pursuant to Section 408.036(3)(j), 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 applications and schedules described in paragraph (1)(f). The category “other beds and programs” includes proposals for pediatric open heart surgery, pediatric cardiac catheterization, organ transplantation, community nursing home projects unless the project meets criteria in Section 408.036(2) or Section 408.036(3), hospice programs, hospice inpatient facilities, and intermediate care facilities for the developmentally disabled.

(1)(a) through (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, unless the date is a designated state holiday then it shall be received by the agency the next business day:

 

Hospital Beds and Facilities 2nd Batching Cycle – 2012
Summary Need Projections Published in the F.A.R.	7-20-12
Letter of Intent Deadline	8-06-12
Application Deadline	9-5-12
Completeness Review Deadline	9-12-12
Application Omissions Deadline	10-10-12
Agency Initial Decision Deadline	12-07-12

 

Hospital Beds and Facilities 1st Batching Cycle – 2013
Summary Need Projections Published in the F.A.R.	1-18-13
Letter of Intent Deadline	2-04-13
Application Deadline	3-06-13
Completeness Review Deadline	3-13-13
Application Omissions Deadline	4-10-13
Agency Initial Decision Deadline	6-07-13

 

Hospital Beds and Facilities 2nd Batching Cycle – 2013
Summary Need Projections Published in the F.A.R.	7-19-13
Letter of Intent Deadline	8-05-13
Application Deadline	9-04-13
Completeness Review Deadline	9-11-13
Application Omissions Deadline	10-09-13
Agency Initial Decision Deadline	12-06-13

 

Hospital Beds and Facilities 1st Batching Cycle – 2014
Summary Need Projections Published in the F.A.R.	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.R.	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 – 2012
Summary Need Projections Published in the F.A.R.	3-30-12
Letter of Intent Deadline	4-16-12
Application Deadline	5-16-12
Completeness Review Deadline	5-23-12
Application Omissions Deadline	6-20-12
Agency Initial Decision Deadline	8-17-12

 

Other Beds and Programs 2nd Batching Cycle – 2012
Summary Need Projections Published in the F.A.R.	9-28-12
Letter of Intent Deadline	10-15-12
Application Deadline	11-14-12
Completeness Review Deadline	11-21-12
Application Omissions Deadline	12-19-12
Agency Initial Decision Deadline	2-15-13
Other Beds and Programs 1st Batching Cycle – 2013
Summary Need Projections Published in the F.A.R.	4-5-13
Letter of Intent Deadline	4-22-13
Application Deadline	5-22-13
Completeness Review Deadline	5-29-13
Application Omissions Deadline	6-26-13
Agency Initial Decision Deadline	8-23-13

 

Other Beds and Programs 2nd Batching Cycle – 2013
Summary Need Projections Published in the F.A.R.	9-27-13
Letter of Intent Deadline	10-14-13
Application Deadline	11-13-13
Completeness Review Deadline	11-20-13
Application Omissions Deadline	12-18-13
Agency Initial Decision Deadline	2-14-14
Other Beds and Programs 1st Batching Cycle – 2014
Summary Need Projections Published in the F.A.R.	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 the F.A.R.	10-3-14
Letter of Intent Deadline	10-20-14
Application Deadline	11-19-14
Completeness Review Deadline	11-26-14
Application Omissions Deadline	12-24-14
Agency Initial Decision Deadline	2-20-15

 

Hospital Beds and Facilities 1st Batching Cycle
Summary Need Projections Published in the F.A.R.	Third Friday in January
Letter of Intent Deadline	First Monday in February
Application Deadline	First Wednesday in March
Completeness Review Deadline	Second Wednesday in March
Application Omissions Deadline	Second Wednesday in April
Agency Initial Decision Deadline	First Friday in June

 

Hospital Beds and Facilities 2nd Batching Cycle
Summary Need Projections Published in the F.A.R.	Third Friday in July
Letter of Intent Deadline	First Monday in August
Application Deadline	First Wednesday in September
Completeness Review Deadline	Second Wednesday  in September
Application Omissions Deadline	Second Wednesday in October
Agency Initial Decision Deadline	First Friday in December

 

Other Beds and Programs 1st Batching Cycle
Summary Need Projections Published in the F.A.R.	First Friday in April
Letter of Intent Deadline	Third Monday in April
Application Deadline	Third Wednesday in May
Completeness Review Deadline	Fourth Wednesday in May
Application Omissions Deadline	Fourth Wednesday in June
Agency Initial Decision Deadline	Third Friday in August

 

Other Beds and Programs 2nd Batching Cycle
Summary Need Projections Published in the F.A.R.	First Friday in October
Letter of Intent Deadline	Third Monday in October
Application Deadline	Third Wednesday in November
Completeness Review Deadline	Fourth Wednesday in November
Application Omissions Deadline	Fourth Wednesday in December
Agency Initial Decision Deadline	Third Friday in February

 

(1)(h) through (5) No change.

 

Rulemaking Authority 408.034(3), 408.034(8), 408.15(8) FS. Law Implemented 408.033, 408.034, 408.036, 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, 8-15-13,__________.

 

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: August 10, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 17, 2014