Florida Administrative Code

(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 History-New 11-24-86, Amended 7-25-89, 1-31-91, Formerly 10-5.020, Amended 12-12-00, Repealed 8-8-21.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…

(1) Agency Intent. This rule defines the requirements for the establishment of pediatric inpatient cardiac catheterization services, including minimum requirements for staffing, equipment, and a numeric need methodology for pediatric cardiac catheterization programs. A Certificat…

(1) Agency Intent. This rule specifies the requirements for the establishment of a pediatric open heart surgery program, including minimum requirements for staffing and equipment; and it specifies a methodology for determining the numeric need for additional programs. A Certifica…

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.

Rulemaking Authority 408.15 FS. Law Implemented 408.061, 408.062 FS. History-New 2-4-87, Formerly 27J-4.004, Amended 6-1-92, Formerly 10N-4.004, Repealed 5-10-12.

Rulemaking Authority 408.061 FS. Law Implemented 408.061, 408.062, 408.08 FS. History-New 9-24-86, Formerly 27J-4.005, 10N-4.005, Repealed 5-10-12.

Rulemaking Authority 408.15 FS. Law Implemented 408.061 FS. History-New 9-24-86, Amended 2-4-87, Formerly 27J-4.009, Amended 6-1-92, Formerly 10N-4.009, Repealed 5-10-12.

Rulemaking Authority 408.15 FS. Law Implemented 408.062 FS. History-New 6-8-89, Amended 6-1-92, Formerly 10N-4.011, Repealed 5-10-12.

(1) "Actual report" is the report of a nursing home and/or a nursing home's home office's actual financial and statistical data as outlined in the FNHURS Manual. (2) "Change of ownership" means a change of ownership as defined in section 408.803 F.S. (3) "Chart of accounts" means…

(1) The Agency hereby establishes a uniform system for electronic filing of nursing homes' and their home offices' prior year reports by adopting the Florida Nursing Home Uniform Reporting System (FNHURS) Manual, June 2023, which is incorporated by reference and available at: htt…

(1) A licensee or their home office may submit revisions to a prior year report. Revisions to financial data must be supported by audited financial statements. Revisions to data not included in audited financial statements must be accompanied by documentation to support the accur…

The definitions set forth in section 408.032, F.S., and the following definitions shall apply to this chapter, and to the Florida Hospital Uniform Reporting System (FHURS) Manual, unless otherwise specified: (1) "Actual report" is the report of a hospital's actual financial and s…

(1) The Agency for Health Care Administration (Agency) hereby adopts and establishes a uniform system for electronic filing of hospital prior your actual reports by adopting the State of Florida Hospital Uniform Reporting System (FHURS) Manual, Version 2017-1, June 2017, which is…

Rulemaking Authority 408.061(2), (3), (4)(a), (7), 408.15(8) FS. Law Implemented 395.701, 408.061(2), (3), (4)(a), (7) FS. History-New 6-11-92, Formerly 10N-5.103, Amended 3-16-03, Repealed 2-25-19.

(1) Each hospital shall submit to the Agency, not more than 120 days subsequent to the end of its fiscal year, its prior year report for the fiscal year then ended. (2) Separate reports are required for each licensed hospital, regardless of ownership or operation. Hospitals that …

(1) A hospital may file revisions, amendments, restatements, corrections or other changes (hereinafter "revisions") to a prior year report. Revisions to financial data must be supported by audited financial statements. Revisions to data not included in audited financial statement…

Rulemaking Authority 408.061, 408.15 FS., Chapter 88-394, Laws of Florida. Law Implemented 408.061 FS. History-New 6-11-92, Formerly 10N-5.203, Repealed 2-25-19.

(1) A report shall be considered filed when it contains all schedules and data required by the Agency and has been prepared in the form and manner specified by the Agency. (2) In the event the Agency requires additional budget, financial, statistical, or other information to full…

(1) Once a report has been filed in accordance with rule 59E-5.201, F.A.C., the Agency will review the report and determine if: (a) It meets all requirements of chapter 59E-5, F.A.C., and chapter 408, Florida Statutes. (b) The data are mathematically accurate, reasonable and veri…

Rulemaking Authority 408.061(2), 408.15(8) FS. Law Implemented 408.061, 408.08 FS. History-New 3-28-99, Amended 9-12-05, Repealed 2-25-19.

(1) Every year, each hospital shall pay to the Board an assessment equal to .04 percent of its gross operating costs for its last fiscal year. The assessment shall be paid in quarterly payments of .01 percent, with the first quarter beginning on July 1 of each state fiscal year. …

Rulemaking Authority 408.15 FS., Chapter 88-394, Laws of Florida. Law Implemented 408.072 FS. History-New 6-11-92, Formerly 10N-5.603, Repealed 12-31-15.

(1) Within six months after the end of each hospital's fiscal year, the Agency's Division of Health Quality Assurance will certify to the Bureau of Finance and Accounting the amount of each hospital's public medical assistance trust fund assessment. The amount certified shall be …