Current through Reg. 50, No. 187; September 24, 2024
(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 the batching cycle procedures
specified in Rule 59C-1.008, F.A.C., and will be
reviewed in accordance with procedures set forth in subsection
59C-1.010(3),
F.A.C.:
(a) The addition of beds in community
nursing homes or intermediate care facilities for the developmentally disabled
(ICF/DD) by new construction or alteration, unless exempt pursuant to Section
408.036(3)(m),
F.S.
(b) The new construction or
establishment of additional health care facilities, including a replacement
health care facility when the proposed project site is not located on the same
site or within one mile of the existing health care facility, if the number of
beds in each licensed bed category will not increase and unless exempt pursuant
to Section 408.036(3)(j),
F.S.
(c) The conversion from one
type of health care facility to another that requires a certificate to
establish.
(d) The establishment of
a Hospice or Hospice inpatient facility.
(2) Projects Subject to Expedited Review.
Unless reviewable under Section
408.036(1),
F.S., above or exempted under Section
408.036(3),
F.S., the following projects are subject to expedited review, and will be
reviewed in accordance with procedures set forth in subsection
59C-1.010(4),
F.A.C.:
(a) Sheltered nursing home
beds.
(b) Transfer of a Certificate
of Need.
(c) Replacement of a
nursing home, if the proposed project site is within a 30-mile radius of the
replaced nursing home. If the proposed project site is outside the subdistrict
where the replaced nursing home is located, the prior six-month occupancy rate
for licensed community nursing homes in the proposed subdistrict must be at
least 85 percent in accordance with the Agency's most recently published
inventory. The nursing home license holder is the only entity that may submit
the application to replace the nursing home, pursuant to paragraph
59C-1.008(1)(h),
F.A.C.
(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. In the case that a
proposed project site is in a geographically contiguous 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.
(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 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. 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 percent.
(f) New construction of a community nursing
home in a retirement community pursuant to the provisions in Section
408.036(2)(e),
F.S.
(3) This rule is in
effect for five years from its effective date.
Rulemaking Authority 408.034(8), 408.15(8) FS. Law
Implemented 408.033, 408.035, 408.036(1), (2), 408.037, 408.038, 408.039
FS.
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,
3-16-16, 8-8-21.
