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 […]
408.0455 – Rules; pending proceedings.
408.0455 Rules; pending proceedings.—The rules of the agency in effect on June 30, 2004, shall remain in effect and shall be enforceable by the agency with respect to ss. 408.031-408.045 until such rules are repealed or amended by the agency. Rules 59C-1.039 through 59C-1.044, Florida Administrative Code, remain in effect for the sole purpose of maintaining […]
408.05 – Florida Center for Health Information and Transparency.
408.05 Florida Center for Health Information and Transparency.— (1) ESTABLISHMENT.—The agency shall establish and maintain a Florida Center for Health Information and Transparency to collect, compile, coordinate, analyze, index, and disseminate health-related data and statistics. The center shall be staffed as necessary to carry out its functions. (2) HEALTH-RELATED DATA.—The Florida Center for Health Information and Transparency shall […]
408.032 – Definitions relating to Health Facility and Services Development Act.
408.032 Definitions relating to Health Facility and Services Development Act.—As used in ss. 408.031-408.045, the term: (1) “Agency” means the Agency for Health Care Administration. (2) “Capital expenditure” means an expenditure, including an expenditure for a construction project undertaken by a health care facility as its own contractor, which, under generally accepted accounting principles, is not properly chargeable […]