Current through Reg. 50, No. 187; September 24, 2024
(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 Need as specified under Rule
59C-1.013, F.A.C.
(2) Certificate of Need Revocation. The
Agency shall issue an administrative complaint seeking revocation of a
Certificate of Need if the Agency determines that the Certificate of Need
holder has not made a good faith effort to undertake the project as approved or
to meet the approved project timetables. A holder shall be deemed to have made
a "good faith effort" if the following requirements are met.
(a) Projects which cease continuous
construction for a period in excess of 30 calendar days shall perform the
following steps:
1. Within 35 calendar days of
work stoppage, notify the Agency in writing of a break in construction and
submit for approval, documentation verifying the holder's inability to control
the break in construction.
2.
Within 45 calendar days of work stoppage, submit to the Agency for approval, a
plan for recommencement of construction not to exceed 90 calendar days. The
revised dates may increase the amount of time elapsed within and among the
steps set forth in the original application for completion of the
project.
3. Within 15 calendar days
of the projected restart time, the holder shall submit to the Agency a letter
from the project's architect certifying that the project has restarted
construction in accordance with the approved plan submitted under this
paragraph.
(b) Projects
which are more than 30 calendar days behind on any time frame set forth in the
approved timetable shall perform the following steps:
1. Within 5 calendar days of not having met
the construction phase identified in the approved timetable, notify the Agency
by telephone followed by a letter within 2 calendar days of the telephone call,
or by letter of the delay.
2.
Within 10 calendar days of notification, submit to the Agency for approval,
documentation of the holder's inability to control the situation which has
caused the slow-down in the specific construction phase.
3. Within 5 calendar days of approval by the
Agency of documents submitted in accordance with paragraphs
59C-1.021(2)(a) and
(b), F.A.C., the Certificate of Need holder
shall submit a revised timetable for project completion to the Agency for
approval. The revised dates may increase the amount of time elapsed within and
among the steps set forth in the original application for completion of the
project.
(3)
Penalties for Failure to Comply with Certificate of Need or Exemption
Conditions. The Agency shall review the annual compliance report submitted by
the health care providers who are licensed and operate the facilities and other
pertinent data to assess compliance with Certificate of Need or exemption
conditions. Providers who are not in compliance with Certificate of Need or
exemption conditions shall be fined. Failure to report compliance with any
condition upon which the issuance of the Certificate of Need or exemption was
predicated constitutes noncompliance. The schedule of fines is as follows:
(a) Facilities failing to comply with any
conditions or failing to provide the Certificate of Need office with a report
on its compliance with conditions set forth on the Certificate of Need or
exemption, will be assessed a fine, not to exceed $1, 000 per failure per day.
In assessing the penalty the Agency shall take into account the degree of
noncompliance.
(b) The assessed
fine shall be paid to the Agency within 45 calendar days after written
notification of assessment by certified mail or within 30 calendar days after
final Agency action if an Administrative Hearing has been requested. If a
health care provider desires it may remit payment according to a payment
schedule accepted by the Agency. The health care provider must submit the
schedule of payments to the Agency within 30 calendar days after the date of
receipt of the notification of assessment or 21 calendar days after final
Agency Action. The final balance will be due no later than 6 months after the
health care provider has been notified in writing by the Agency of the amount
of the assessed fine or six months after final Agency
Action.
(4) The Agency
will investigate any person who constructs a facility or operates a service
without a Certificate of Need as required under the Health Facility and
Services Development Act.
(a) The Agency will
notify the person of the allegations in writing. The person may respond in
writing to the Agency as to the merits of the alleged violation within 10
calendar days of receipt of the notice of complaint. If an investigation is
conducted, a written preliminary report will be prepared by the
Agency.
(b) The Agency will prepare
a final report and will provide a copy to the person and the complainant, if
there is one, within a period not to exceed 90 calendar days of the preliminary
report.
(c) Upon substantiation of
the complaint, the Agency shall take appropriate action to resolve the
complaint. Action may include but is not limited to:
1. Recourse described in Section
408.044, F.S.,
2. Referring the complaint to the State
Attorney's office for relief as defined under Section
775.082,
775.083 or
775.084, F.S., or
3. Seeking revocation of the license as
appropriate.
(5) This rule is in effect for five years
from its effective date.
Rulemaking Authority 408.040(2)(a), 408.034(8), 408.15(8)
FS. Law Implemented 408.034(8), 408.040(1)(b), (d), (2)(a), 408.044,
408.061(6), 408.08(2) FS.
New 7-25-89, Formerly 10-5.021, Amended 12-13-04,
8-8-21.
