Effective:
8-01-05
59C-1.004
Projects Subject to Review
(1) Projects Subject to a Comparative Review. Unless subject to expedited review under subsection 408.036(2), F.S., and subsection (2) of this rule, or exempted under subsection 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 paragraph 408.036(3)(s), 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 paragraph 408.036(3)(p), F.S.
(c) The conversion from one type of health care facility to another, including the conversion from a general hospital, a long-term care hospital or a specialty hospital provided the conversion to a specialty hospital is not subject to section 395.003(9), F.S.
(d) An increase in the total licensed bed capacity for comprehensive rehabilitation unless exempt under paragraph 408.036(3)(i), F.S.
(e) The establishment of a hospice or hospice inpatient facility.
(f) The establishment of inpatient tertiary health services by a health care facility.
(g) An increase in the number of beds for acute care in a hospital that is located in a low-growth county as defined in paragraph 408.036(1)(g), F.S.
(2) Projects Subject to Expedited Review. Unless reviewable under 408.036(1), F.S. above or exempted under subsection 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 except that when an existing hospital is acquired by a purchaser, all certificates of need issued to the hospital which are not yet operational shall be acquired by the purchaser, without need for a transfer.
(c) Replacement of a nursing home within the same district, if the proposed project site is located within a geographic area that contains at least 65 percent of the facility’s current residents and is within a 30-mile radius of the replaced nursing home.
1. In the case of a nursing home with an inactive license, the facility shall address the 65 percent requirement through an identification of where its former residents resided.
2. The nursing home license holder is the only entity that may submit the application to replace the nursing home, pursuant to subsection 59C-1.008(1)(h), F.A.C.
(d) Relocation of a portion of the nursing home’s licensed beds to a licensed facility within the same district, if the relocation is within a 30-mile radius of the existing facility and the total number of nursing home beds in the district does not increase.
1. Applications submitted under this paragraph must be submitted by the licensed nursing home proposing to add the beds. Notarized 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 94 percent.
Specific Authority: 408.034(65), 408.15(8), F.S.
Law Implemented: 408.033, 408.035, 408.036(1)(2), 408.037, 408.038, 408.039, F.S..
History: 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 9-9-92, 1-9-95, 11-4-97,
12-12-00, 11-12-01,8-1-05.
