Florida Administrative Code

(1) "Ambulatory Center." For the purposes of this rule, "ambulatory center" means a freestanding ambulatory surgical center, short-term acute care hospital, emergency department, or freestanding cardiac catheterization laboratory. (2) "Ambulatory Surgical Center" means a facility…

(1) The following entities shall submit patient data to the Agency for Health Care Administration (AHCA or Agency): (a) All licensed short-term acute care hospitals licensed under Chapter 395, F.S.; (b) All licensed ambulatory surgical centers as defined in Section 395.002(3), F.…

(1) Ambulatory centers and emergency departments shall report patient data according to the provisions in Rules 59B-9.030 through 59B-9.039, F.A.C. (a) Each data file covering patient visits ending between January 1 and March 31 inclusive, may be submitted no later than May 10 of…

(1) An ambulatory center shall report data for all surgical procedures or services performed in the operating room, or for ambulatory surgical care, cardiology (cardiac catheterization and percutaneous transluminal coronary angioplasty (PTCA)), gastro intestinal, extra-corporeal …

(1) Submission of data files for all ambulatory centers must be in compliance with Rules 59B-9.030 through 59B-9.039, F.A.C. The executive officer, administrator, or authorized designee shall certify the data quarterly as accurate, complete and verifiable by completing the electr…

(1) For purposes of this rule chapter, a report or other information is "incomplete" when it does not contain all data required by the Agency in this rule, and in forms incorporated by reference, or when it contains inaccurate data. The Agency shall to the extent practical, apply…

The first record in the data file shall be a header record containing the information described below. (1) Report Year. Enter the year of the data in the format YYYY. (2) Report Quarter. Enter the quarter of the data, 1, 2, 3 or 4, where 1 corresponds to the first quarter of the …

All data elements and data element codes listed below shall be reported. All facilities submitting data in compliance with Rules 59B-9.030 through 59B-9.039, F.A.C., shall report the following required data elements as stipulated by the Agency. (1) AHCA Facility Number. An identi…

(1) Agency records, public records under Chapter 119, F.S., (Florida's Public Records Law), are available for public inspection during normal business hours. Copies of such records may be obtained upon request and upon payment of the cost of copying. (2) Patient-specific records …

(1) "Applicant" means any individual, partnership, limited liability company, corporation, or governmental entity which has filed an application for a Certificate of Need with the Agency. (2) "Application" means the forms supplied by the Agency to an applicant which are to be com…

(1) Projects Subject to a Comparative Review. Unless subject to expedited review under Section 408.036(2), F.S., and subsection (2) of this rule, or exempted under Section 408.036(3), F.S., and Rule 59C-1.005, F.A.C., the following projects are subject to comparative review and t…

(1) Request for Exemption. Certain projects are subject to exemption from batched or expedited Certificate of Need review pursuant to Sections 408.036(3) and (4), F.S., provided the conditions specified in this rule are met. To receive an exemption, the applicant shall file a Cer…

(1) Letters of Intent and applications subject to comparative review shall be accepted in two batching cycles annually each for hospice programs and freestanding inpatient hospice facilities and for nursing homes and intermediate care facilities for the developmentally disabled (…

In addition to the requirements set forth in Rule 59C-1.008, F.A.C., the following requirements apply to the transfer of a Certificate of Need. As provided in Sections 408.037(2) and 408.034(2), F.S., an applicant for a Certificate of Need must certify that it will license and op…

(1) The Agency shall review all applications in the context of the review criteria specified in Section 408.035, F.S., and Chapters 59C-1 and 59C-2, F.A.C., and all information relevant to the criteria contained therein. (2) General Provisions. (a) Applications subject to compara…

(1) Batched Reviews. The following procedure will be utilized in issuance of letters of intent to grant or deny a Certificate of Need in a batched review: (a) Upon signature of the State Agency Action Report by the Agency Director or designee, a letter of intent to grant or deny …

(1) Administrative Hearings shall be conducted pursuant to the timeframes and conditions specified in Section 408.039(5), F.S. A request for an Administrative Hearing shall be filed with the Agency within 21 days after publication of the Notice of Intent in the F.A.R. by the Agen…

(1) General Provisions. The Agency, with the assistance of the local health councils, shall monitor the Certificate of Need holder's progress in meeting the approved timetable for project development. In addition, the Agency shall monitor the holder's compliance with conditions a…

(1) Validity Period of Certificate of Need. A Certificate of Need shall terminate 18 months from the date of issuance unless the holder meets the applicable conditions for an extension set forth in Section 408.040(2), F.S., and this rule. (2) Undertaking a Project Authorized by a…

(1) A modification is defined as an alteration to an issued, valid Certificate of Need, or an alteration to the condition or conditions on the face of a Certificate of Need for a health facility or service that has been licensed, where such an alteration does not result in a proj…

Rulemaking Authority 408.034(8), 408.15(8) FS. Law Implemented 408.034(2) FS. History-New 11-24-86, Amended 7-25-89, 1-31-91, Formerly 10-5.020, Amended 12-12-00, Repealed 8-8-21.

(1) General Provisions. The Agency shall initiate administrative proceedings for revocation of a Certificate of Need for violation of Sections 408.040(2)(a) and (b), F.S., or the assessment of administrative fines for failure to comply with conditions placed on a Certificate of N…

(1) Health Care Facilities Subject to Assessment. In accordance with Section 408.033(2), F.S., the following health care facilities and health care service providers, licensed or certified by the Agency for Health Care Administration, shall be assessed an annual fee to be collect…

In addition to criteria set forth in Section 408.035, F.S., the following health care access criteria are used in the review of an application. (1) The need that the population served or to be served has for the health or Hospice services proposed to be offered or changed, and th…

Rulemaking Authority 408.034(3), (8), 408.15(8) FS. Law Implemented 408.032(17), 408.033(3)(b), 408.034(3), 408.035(1), 408.036(1)(f), 408.039(4)(a) 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-…

Rulemaking Authority 408.034(3), (8), 408.15(8) FS. Law Implemented 408.032(17), 408.033(3)(b), 408.034(3), 408.036(1)(f) 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-…

A Certificate of Need for a proposed Intermediate Care Facility for the Developmentally Disabled (ICF/DD) shall not be issued unless: (1) The proposal has been determined by the Agency to be justified in context with the applicable review criteria contained in Section 408.035, F.…

(1) Agency Intent. This rule implements the provisions of Sections 408.034(3), 408.036(1)(d) and 408.043(1), F.S. It is the intent of the Agency to ensure the availability of Hospice programs as defined in this rule to all persons requesting and eligible for Hospice services, reg…

(1) Agency Intent. This rule implements Section 408.034(3), F.S., which requires the Agency to develop uniform need methodologies for Certificate of Need (CON) review of proposals, and Section 408.036(1)(a), F.S., which requires Certificate of Need review of proposals for the add…

(1) Definitions. (a) Sheltered Nursing Home Beds. A sheltered nursing home bed is a nursing home bed within a continuing care facility as defined under Section 651.118, F.S. (b) Use of Sheltered Nursing Home Beds. Under Section 651.118(7), F.S., sheltered nursing home beds may be…

(1) Agency Intent. It is the intent of the Agency to ensure the availability of Comprehensive Medical Rehabilitation Inpatient Services for persons in need of these services, including Medicaid and charity care patients. This rule regulates the establishment of new Comprehensive …

(1) Agency Intent. It is the intent of the Agency to ensure the availability of hospital inpatient psychiatric services as defined in this rule for children, adolescents and adults in need of these services regardless of their ability to pay. This rule regulates the establishment…

(1) Agency Intent. It is the intent of the Agency to ensure the availability of hospital inpatient substance abuse services for children, adolescents and adults in need of these services regardless of their ability to pay. This rule regulates the establishment of new inpatient su…

Rulemaking Authority 408.034(3), (8), 408.15(8) FS. Law Implemented 408.032(17), 408.034(3), 408.035, 408.036(1)(f), 408.039(4)(a) 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-…

Rulemaking Authority 408.034(3), (5), 408.039(4)(a), 408.15(8) FS. Law Implemented 408.034(3), 408.035, 408.036(1)(a), (e), (h), (m), 408.039(4)(a) 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, 3-5-8…

(1) Agency Intent. This rule implements the provision of Section 408.036(1)(f), F.S., which requires the Agency to review the establishment of organ transplantation programs under the Certificate of Need program which shall include heart, kidney, liver, bone marrow, lung, lung an…

Rulemaking Authority 408.15(8), 408.034(8) FS. Law Implemented 408.033(1)(b), FS. History-New 2-12-96, Amended 10-31-96, Repealed 11-6-19.

(1) General Provisions. Nursing home subdistricts are proposed by Local Health Councils and utilized by the agency in conjunction with the methodology for determining need for community nursing home beds. A full description of the need methodology appears in Rule 59C-1.036, F.A.C…

Rulemaking Authority 407.01, 407.03 FS. Law Implemented 120.53, 407.03 FS. History-New 6-1-92, Formerly 10N-2.0021, Repealed 5-10-12.

Rulemaking Authority 120.53, 407.03 FS. Law Implemented 120.52, 120.53 FS. History-New 6-1-92, Formerly 10N-2.0053, Repealed 5-10-12.

Rulemaking Authority 408.15 FS. Law Implemented 120.53 FS. History-New 2-29-96, Repealed 5-10-12.

Rulemaking Authority 408.15 FS. Law Implemented 408.061, 408.062, 408.072, 408.08 FS. History-New 6-1-92, Formerly 10N-2.015, Amended 6-7-94, Repealed 5-10-12.

Rulemaking Authority 408.15 FS. Law Implemented 408.061, 408.072, 408.08 FS. History-New 6-1-92, Formerly 10N-2.017, Amended 6-7-94, Repealed 2-25-19.

(1) Failure to comply with the requirements of Chapter 408, F.S., or the requirements of Agency rules is punishable by a fine not to exceed $1,000 per day. Each day that a report, document or assessment payment is late or each day of such other violation is considered a separate …

(1) In order to provide consistency and predictability in the imposition of administrative fines, the Agency will follow these guidelines in imposing fines for the following offenses. (a) Failure to file a report or document on or before the due date; failure to correct a report …

Rulemaking Authority 407.03 FS. Law Implemented 407.30-.34 FS. History-New 9-24-86, Formerly 27J-4.001, Amended 6-1-92, Formerly 10N-4.001, Repealed 5-10-12.

Rulemaking Authority 408.15(8) FS. Law Implemented 408.07(41) FS. History-New 9-24-86, Formerly 27J-4.002, Amended 6-1-92, Formerly 10N-4.002, Amended 11-22-93, Repealed 5-10-12.