Projects Subject to Review, Certificate of Need Exemption Procedure, Nursing Facility Beds  

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    AGENCY FOR HEALTH CARE ADMINISTRATION

    Certificate of Need

    RULE NOS.:RULE TITLES:

    59C-1.004Projects Subject to Review

    59C-1.005Certificate of Need Exemption Procedure

    59C-1.036Nursing Facility Beds

    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. 206, October 22, 2015 issue of the Florida Administrative Register.

    59C-1.004 Projects Subject to Review.

    (1) through (2)(c)2. No change.

    (2)(d) Replacement of a nursing home within the same district, if the proposed project site is outside a 30-mile radius of the replaced nursing home but within the same subdistrict or a geographically contiguous subdistrict within the district.

    1. In the case that a proposed project site is in a geographically continguous subdistrict within the district, the prior six-month occupancy rate for licensed community nursing homes for that subdistrict must be at least 85 percent in accordance with the Agency’s most recently published inventory.

    (2)(e) Relocation of a portion of the nursing home’s licensed beds to a licensed facility or to establish a new facility within the same district, or a geographically contiguous district if the relocation is within a 30-mile radius of the existing facility and the total number of nursing home beds in the state does not increase increase as a result of this project.

    1. Applications submitted under this paragraph must be submitted by the licensed nursing home proposing to add the beds or by the applicant proposing to establish a new facility. Notarized A letter from the facility from which the beds are being relocated must be submitted certifying that beds will be delicensed should the CON be awarded to the applicant.

    2. The relocation of beds under this paragraph shall be limited to a portion of beds such that the occupancy rate of the remaining licensed beds of the facility from which beds are being relocated does not exceed 92% 94% percent.

    (2)(f) No change.

    Rulemaking Authority 408.034(86), 408.15(8) FS. Law Implemented 408.033, 408.035, 408.036(1), (2), 408.037, 408.038, 408.039 FS. History–New 1-1-77, Amended 11-1-77, 9-1-78, 6-5-79, 4-25-80, 2-1-81, Formerly 10-5.04, Amended 11-24-86, 11-17-87, 1-31-91, 1-1-92, Formerly 10-5.004, Amended 9-10-92, 1-9-95, 11-4-97, 12-12-00, 11-12-01, 8-1-05

     

    59C-1.005 Certificate of Need Exemption Procedure.

    (1) through (6)(d)5.a. No change.

    (6)(d)5.b. The average occupancy rate for the nursing home beds at the facility, for the 12-month period ending 1 month prior to the exemption request, meets or exceeds 9496% percent. For the purpose of calculating average occupancy under this sub-subparagraph, the 12-month total of patient days shall be divided by 365 to determine an average daily census, and the average daily census shall then be divided by the total of licensed and approved beds as of the end of the 12-month period. Approved beds are beds authorized for the facility consistent with the provisions of paragraph 59C-1.008(2)(b), F.A.C.

    (6)(d)5.c. through (6)(e)5.a. No change.

    (6)(e)5.b. The average occupancy rate for the nursing home beds at the facility, for the 12-month period ending 1 month prior to the exemption request, meets or exceeds 9496% percent. For the purpose of calculating average occupancy under this sub-subparagraph, the 12-month total of patient days shall be divided by 365 to determine an average daily census, and the average daily census shall then be divided by the total of licensed and approved beds as of the end of the 12-month period. Approved beds are beds authorized for the facility consistent with the provisions of paragraph 59C-1.008(2)(b), F.A.C.

    (6)(e)5.c. though (6)(k) No change.

    Rulemaking Authority 408.034(8), 408.15(8) FS. Law Implemented 400.071, 408.036(3), and (4), 408.0361(2) FS. History–New 1-1-77, Amended 6-5-79, 2-1-81, Formerly 10-5.05, Amended 11-17-87, 3-23-88, 1-31-91, Formerly 10-5.005, Amended 7-13-98, 4-2-01, 11-12-01, 8-18-05.

     

    59C-1.036 Nursing Facility Beds.

    (1) through (4)(f)  No change.

    (4)(g) Other Factors to be Considered in the Review of Certificate of Need Applications for nursing facility beds. An applicant who agrees to voluntarily relinquish licensed community nursing home beds in one or more subdistricts where there is no calculated need, may be recognized as a postitive application factor when applying for nursing facility beds in a subdistrict with published need.  The applicant must demonstrate that it operates or has a controlled interest as defined in subparagraph 59C-1.005(6)(j)3., F.A.C. or has an agreement with another licensed community nursing home to ensure that beds are voluntarily relinquished if the application is approved.  The nursing home from which the beds are being relinquished must submit a notarized letter certifying that the identified number of beds at its facilty will be delicensed no later than initial licensure of the proposed facility should the CON be awarded to the applicant.  The relocation of beds under this paragraph must be limited to a portion of beds such that the occupancy rate of the remaining licensed beds of the facility from which the beds are being relinquished does not exceed 92 percent.

    (5) No change.

    Rulemaking Authority 408.034(3), (5) and (8), 408.15(8) FS. Law Implemented 408.034(34), (5), (6) and (7), 408.036(1)(a), (b), (c) 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)(k), Amended 8-9-92, Formerly 10-5.036, Amended 10-6-92, 8-24-93, 6-11-98, 4-7-02, 8-1-05.