Effective: 12-12-00
59C-1.013 Monitoring Procedures (2 pages)
(1) General
Provisions. The agency, with the
assistance of the local health councils, shall monitor the certificate of need
holder's progress in meeting the approved timetable for project development. In addition, the agency shall monitor the
holder's compliance with conditions as specified on the certificate of
need. A condition is defined as a
specific requirement expressed on the face of a certificate of need under the
heading "conditions".
(2) Project
Status Reports.
(a) The
agency shall require the certificate of need holder to provide periodic status reports regarding progress
in meeting the timetable. The timetable
submitted with the application or otherwise modified by agreement between the
certificate of need holder and the agency is binding for the following steps:
1. Commence
construction;
2. Construction
completed;
3. Survey for
certificate of occupancy;
4. Licensure of project;
and,
5. Facility in use.
Prior to commencing construction,
the certificate of need holder will submit a revised project timetable, if
necessary, which specifies the month, day, and year for completion of each of
the five steps identified above.
(b) The
status reports shall be submitted on AHCA Form CON-2, Revised July 1997, and
incorporated by reference herein. A
copy of Form CON-2 may be obtained from:
Agency for Health Care
Administration
Certificate of Need
2727 Mahan Drive, Building
3
Tallahassee, FL 32308.
(c) A status report
covering the first 15 months from the date of issuance of a certificate of need
shall be received by the agency no later than 14 calendar days after the end of
the reporting period.
(3) Documentation. The following is a listing of all reports
required for monitoring compliance with this rule and Rule 59C-1.018, F.A.C.
(a) Final
Cost Report. The certificate of need
holder shall file a Final Cost Report AHCA Form CON-3, Revised July 1997,
incorporated by reference herein. A
copy of Form CON-3 may be obtained from:
Agency for Health Care Administration, Certificate of Need Office, Fort
Knox Executive Center, 2727 Mahan Drive, Building 3, Tallahassee, FL 32308.
The Final Cost Report must be received by the agency within 90 calendar
days of submission of the Architect's Certificate of Final Payment, or upon
commencement of the health services, whichever is applicable.
(b) Architect's
Certificate of Final Payment. The
certificate of need holder shall provide the agency, in writing, a completed
and fully executed architect's certification of final payment, AIA Documents
G702 and G703, May 83 incorporated by reference herein, or a suitable
substitute. A substitute is suitable if
it contains the following items:
1. A certification by
the contractor or the architect of final payment which contains the original
construction cost, any cost for change orders, and the total expenditures made
or requested;
2. A certification by
the architect that the project is complete and final payment has been made; and
3. An itemized sheet for
direct construction costs which breaks down the expenditures by description of
work.
The report must be received by the
agency no later than 30 calendar days following the completion of construction
as defined in the owner and contractor agreement, and final approval of the
project by the agency.
(4) Reporting
Requirements Subsequent to Licensure or Commencement of Services. All holders of a certificate of need that
was issued predicated upon conditions expressed on the face of the certificate
of need shall provide annual compliance reports to the agency. The reporting period shall be January 1
through December 31 of each year. The
holder of a certificate of need who began operation after January 1 will report
from the date operation began through December 31. The compliance report shall be submitted no later than April 1 of
the subsequent year.
(a) The
compliance report will contain information necessary for an assessment of
compliance with conditions on the certificate of need, utilizing measures, such
as a percentage of patient days, that are consistent with the stated
condition. The following information
shall be provided in the holder's annual compliance report:
1. The time period
covered by the measures;
2. The measure for
assessing compliance with each of the conditions identified and described on
the face of the certificate of need;
3. The way in which the
conditions were evaluated by applying the measures;
4. The data sources used
to generate information about the conditions that were measured;
5. The person and
position responsible for supplying the compliance report;
6. Any other information
necessary for the agency to determine compliance with conditions; and,
7. If applicable, the
reason or reasons, with supporting data, why the certificate of need holder was
unable to meet the conditions set forth on the face of the certificate of need.
(b) A
change in the licensee for a facility or service does not affect the obligation
for that facility or service to continue to meet conditions imposed on a
certificate of need and to provide annual condition compliance reports.
(c) Conditions
imposed on a certificate of need may be modified consistent with Rule
59C-1.019, F.A.C.
(5) Violation
of Certificate of Need Conditions.
Health care providers found by the agency to be in noncompliance with
conditions set forth in their certificate of need shall be fined as defined in
Rule 59C-1.021, F.A.C.
Specific
Authority: 408.034(5),
408.15(8), F.S.
Law
Implemented: 408.040(1)(2)(3),
F.S.
History: New
1-1-77. Amended 11-1-77, 9-1-78,
6-5-79,
2-1-81,
3-31-82. Formerly 10-5.13. Amended
11-24-86,
7-25-89. Formerly 10-5.013. Amended 10-18-95, 11-4-97, 12-12-00.
