Current through Reg. 50, No. 187; September 24, 2024
(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 comparative or
expedited review shall be submitted to the Agency on AHCA Form 3150-0001,
August 2020 "Application For A Certificate of Need" or 3150-0003, August 2020
"Transfer of A Certificate of Need" as referenced in paragraph
59C-1.008(1)(f),
F.A.C.
(b) Applications for
projects involving an existing health care facility shall be filed by the
current license holder as listed on the current Agency license in effect at the
time of the applicant omission deadline specified in subparagraphs (3)(a)3. or
(4)(d)3. of this rule, or the application shall be withdrawn from
consideration. Applications submitted by corporations required to have filed
incorporation papers or foreign corporation papers in order to do business in
Florida must be able to do business in Florida prior to notifying the Agency of
its intentions in a comparative review cycle or by the time it files an
expedited application, if the project is subject to expedited review.
(c) An application shall not be deemed
complete by the Agency unless all information required by statute and rule has
been submitted by the applicant.
(3) Comparative Review. Applications subject
to comparative review shall be reviewed according to the following timetable:
(a) Completeness Review.
1. Within 15 calendar days after the
application submission deadline promulgated under paragraph
59C-1.008(1)(g),
F.A.C., the Agency shall determine whether the application is
complete.
2. If the application is
deemed incomplete by the Agency, the Agency shall request in writing from the
applicant specific information necessary for the application to be deemed
complete.
3. If an applicant does
not provide the specific additional information required by statute and rule in
writing to the Agency within 21 calendar days of the receipt of the Agency's
request, the application shall be deemed withdrawn from consideration. The
applicant's response must be received by the Agency no later than 5:00 p.m.
(local time) on or before the omissions due date promulgated under paragraph
59C-1.008(1)(g),
F.A.C.
(b) The Agency
shall deem the application complete or withdrawn within 7 calendar days of the
receipt of the requested information. Subsequent to an application being deemed
complete or withdrawn by the Agency, no further application information or
amendment will be accepted by the Agency.
(c) The Agency shall conduct public hearings
in accordance with the provisions in Section
408.039(3)(b),
F.S. The presiding officer at the hearing will be assigned by the Agency, or
the Local Health Council. Unless otherwise ordered by the presiding officer,
the applicant and those in support of the proposal will speak followed by those
opposing the proposal, and the applicant may then present rebuttal information.
The Agency will preserve the proceedings at the hearing.
(d) The Agency shall issue a State Agency
Action Report within 60 calendar days from the date the application is deemed
complete unless the review period is extended pursuant to subsection (6) of
this rule.
(4) Expedited
Review. Applications subject to expedited review shall be reviewed according to
the following timetable:
(a) Applications
shall not be accepted for an expedited review unless they are submitted at
least 90 days prior to the implementation of the project. Transfer applications
shall be accepted consistent with the provisions of paragraph
59C-1.0085(1)(g),
F.A.C.
(b) All such applications
shall be exempt from the batching requirements set forth in paragraph
59C-1.008(1)(g),
F.A.C.
(c) No letter of intent or
letter of intent publication, as prescribed by subsection
59C-1.008(1),
F.A.C., shall be required.
(d)
Completeness Review.
1. Within 15 calendar
days of receipt of an application by the Agency, the Agency shall determine
whether the application is complete.
2. If the application is deemed incomplete by
the Agency, the Agency shall request in writing from the applicant specific
information necessary for the application to be deemed complete.
3. If an applicant does not provide the
specific additional information required by statute and rule in writing to the
Agency within 21 calendar days of the receipt of the Agency's request, the
application shall be deemed withdrawn from consideration.
(e) The Agency shall deem the application
complete or withdrawn within seven calendar days of the receipt of the
requested information. Subsequent to an application being deemed complete by
the Agency, no further application information or amendment will be accepted by
the Agency, unless a statutorily required item was omitted and the Agency
failed to clearly request the specific item in its omissions request. In the
later case, the application may be supplemented only with the omitted
item.
(f) A public hearing shall be
held only if the Agency determines there are issues of significant public
interest related to the proposed project.
(g) The Agency shall issue a State Agency
Action Report within 45 calendar days from the date the application is deemed
complete unless the review period is extended pursuant to subsection (6) of
this rule.
(5) Issuance
of State Agency Action Report.
(a) The Agency
shall issue a State Agency Action Report describing the Agency's findings for
each application deemed complete. All applications that were comparatively
reviewed shall be described in a single State Agency Action Report. The report
shall state the Agency's intent to grant or deny certificates of need for
projects in their entirety or for identifiable portions thereof, and state the
conditions required of the Certificate of Need holder, if any. The Agency
Secretary or their designee shall sign State Agency Action Reports. The Agency
shall publish its notice of intent, as set forth in the State Agency Action
Report, in the F.A.R. within 14 calendar days after the State Agency Action
Report is issued. A notice of intent and State Agency Action Report shall be
mailed to each applicant. The Agency decision embodied in the State Agency
Action Report to grant additional beds, services, or programs will be reflected
in the Agency's inventories.
(b) If
there is no challenge to all or any part of the Agency decision embodied in the
State Agency Action Report within 21 days after the publication of the notice
of intent, consistent with Rule
59C-1.012, F.A.C., the State
Agency Action Report shall become the final order of the Agency. The
Certificate of Need shall be signed by the Secretary of the Agency or their
designee and shall become effective on the date when the final order is filed
in the Office of the Agency Clerk.
(c) If a request for an Administrative
Hearing is filed timely, and a final order is subsequently entered which grants
a Certificate of Need in whole or in part, a Certificate of Need shall be
signed by the Secretary of the Agency or their designee. The Certificate of
Need shall become effective on the date when the final order is filed in the
Office of the Agency Clerk. The Agency shall provide a copy of the final order
to the local health councils.
(d)
The Agency shall issue a Certificate of Need according to the timeframes
specified in subsections (3) or (4) of this rule, specifying the scope of the
project, any conditions placed on the Certificate of Need, and an approved
dollar amount for the project in its entirety or for identifiable portions of
the total project; or the Agency shall deny a Certificate of Need for the
project in its entirety. The Agency may impose conditions on a Certificate of
Need predicated upon statements of intent expressed by an applicant in the
Certificate of Need application, which the Agency relied upon in its decision
to issue the Certificate of Need, and which relate to the criteria set forth in
Section 408.035, F.S. and Chapters 59C-1
and 59C-2, F.A.C.
(6)
Review period extension. The Agency shall issue a State Agency Action Report
pursuant to the timeframes specified in Section
408.039(4),
F.S., and this rule unless an extension is granted by written mutual agreement
of all applicants which are subject to comparative review in the applicable
batching cycle, or an applicant subject to expedited review, and the
Agency.
(7) For purposes of the
administration of the Health Facility and Services Development Act, any oral or
written communication, regarding the merits of a specific application, between
the applicant, any person acting on behalf of the applicant, or any person
opposing the application and any person in the Agency who exercises any
responsibility respecting the application, subsequent to an application being
deemed complete pursuant to paragraph (3)(b) or (4)(e) of this rule, and prior
to the time of the Agency's determination pursuant to paragraph (3)(d) or
(4)(g) or this rule, is prohibited.
(8) 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(1), 408.036(2), 408.039(3), (4), (5)
FS.
New 1-1-77, Amended 11-1-77, 9-1-78, 6-5-79, 4-25-80,
2-1-81, 3-31-82, 12-23-82, Formerly 10-5.10, Amended 11-24-86, 11-17-87,
3-23-88, 8-28-88, 1-31-91, 7-1-92, 7-14-92, Formerly 10-5.010, Amended 10-8-97,
12-12-00, 4-2-01, 6-23-05, 4-21-10,
8-8-21.
