408.0611 – Electronic prescribing clearinghouse.
408.0611 Electronic prescribing clearinghouse.— (1) It is the intent of the Legislature to promote the implementation of electronic prescribing by health care practitioners, health care facilities, and pharmacies in order to prevent prescription drug abuse, improve patient safety, and reduce unnecessary prescriptions. To that end, it is the intent of the Legislature to create a clearinghouse of […]
408.037 – Application content.
408.037 Application content.— (1) An application for a certificate of need must contain: (a) A detailed description of the proposed project and statement of its purpose and need in relation to the district health plan. (b) A statement of the financial resources needed by and available to the applicant to accomplish the proposed project. This statement must include: 1. A […]
408.038 – Fees.
408.038 Fees.—The agency shall assess fees on certificate-of-need applications. Such fees shall be for the purpose of funding the activities of the agency and shall be allocated as provided in s. 408.033. The fee shall be determined as follows: (1) A minimum base fee of $10,000. (2) In addition to the base fee of $10,000, 0.015 of each […]
408.039 – Review process.
408.039 Review process.—The review process for certificates of need shall be as follows: (1) REVIEW CYCLES.—The agency by rule shall provide for applications to be submitted on a timetable or cycle basis; provide for review on a timely basis; and provide for all completed applications pertaining to similar types of services or facilities affecting the same service […]
408.040 – Conditions and monitoring.
408.040 Conditions and monitoring.— (1)(a) The agency may issue a certificate of need, or an exemption, predicated upon statements of intent expressed by an applicant in the application for a certificate of need or an exemption. Any conditions imposed on a certificate of need or an exemption based on such statements of intent shall be stated on […]
408.041 – Certificate of need required; penalties.
408.041 Certificate of need required; penalties.—It is unlawful for any person to undertake a project subject to review under ss. 408.031-408.045 without a valid certificate of need. Any person violating the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Each day of […]
408.042 – Limitation on transfer.
408.042 Limitation on transfer.—The holder of a certificate of need shall not charge a price for the transfer of the certificate of need to another person that exceeds the total amount of the actual costs incurred by the holder in obtaining the certificate of need. Such actual costs must be documented by an affidavit executed by […]
408.043 – Special provisions.
408.043 Special provisions.— (1) HOSPICES.—When an application is made for a certificate of need to establish or to expand a hospice, the need for such hospice shall be determined on the basis of the need for and availability of hospice services in the community. The formula on which the certificate of need is based shall discourage regional […]
408.044 – Injunction.
408.044 Injunction.—Notwithstanding the existence or pursuit of any other remedy, the agency may maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the pursuit of a project subject to review under ss. 408.031-408.045, in the absence of a valid certificate of need. History.—s. 31, […]
408.045 – Certificate of need; competitive sealed proposals.
408.045 Certificate of need; competitive sealed proposals.— (1) The application, review, and issuance procedures for a certificate of need for an intermediate care facility for the developmentally disabled may be made by the agency by competitive sealed proposals. (2) The agency shall make a decision regarding the issuance of the certificate of need in accordance with the provisions […]