Current through Reg. 50, No. 187; September 24, 2024
(1)
Definitions of terms as used in this rule.
(a)
An "extraordinary or unusual change" means a material change to the market
conditions upon which the feasibility study was based that may cause an adverse
impact to the facility.
(b) A
"material deviation" includes, but is not limited to, the following:
1. A change to the type or value of the
health care benefits provided in the continuing care contracts to be offered by
the facility;
2. A change regarding
whether entrance fees will amortize to 0% refundability or if a portion of the
entrance fee will be refundable regardless of how long the resident resides at
the unit;
3. A change or deviation
from the projected financial statements provided in the feasibility study that
does or will result in a decrease in the days cash on hand or debt service
coverage ratio projected in the provider's application filing;
4. A change of 15% or more in:
a. The number of units at a particular level
of care, i.e., independent living units, assisted living units, or skilled
nursing units; or
b. The total
number of units at the facility; or
5. A change in the healthcare delivery system
available at the facility.
(2) If the Office has exempted a provider
from Sections 651.034(1) or
651.034(2),
F.S., pursuant to Section
651.034(6),
F.S., the Office may require a provider to submit an amended or updated
feasibility study when:
(a) An extraordinary
or unusual change affecting the viability of the provider's business plan as
approved in an application filing occurs; or
(b) The provider requests in writing to make
a material deviation from the feasibility study filed with the Office as part
of an application filing under Sections
651.0215,
651.023,
651.024, or
651.0246,
F.S.
(3) The amended or
updated feasibility study must be submitted to the Office:
(a) Within sixty (60) days of the
extraordinary or unusual change or
(b) Thirty (30) days prior to any material
deviation.
(4) Upon
request of the provider and showing of good cause, the Office may extend the
time to submit the updated feasibility study.
(5) Based on its review of the amended or
updated feasibility study and any additional information requested with respect
to the feasibility study, the Office may disapprove a material deviation on the
following grounds:
(a) The deviation is not
demonstrated to be financially feasible;
(b) The deviation will or is likely to result
in the provider or facility failing to meet the requirements of Chapter 651,
F.S., or this chapter;
(c) The
deviation will or is likely to result in the provider being unable to provide
continuing care or continuing care at-home pursuant to its continuing care
agreements; or
(d) The deviation
will or is likely to result in the provider being unable to meet all financial
and contractual obligations related to its operations, including obligations to
residents.
Rulemaking Authority 651.015(3), 651.034(7) FS. Law
Implemented 651.021, 651.022, 651.023, 651.034
FS.
New 7-16-92, Formerly 4-193.030, Amended
3-12-20.
