Jeffrey N. Gregg, Chief, Bureau of Health Facility Regulation greggj@ahca.myflorida.com (850) 922-5455 James McLemore, Supervisor, CON Unit mclemorj@ahca.myflorida.com (850) 488-8673 Chris Augsburger, Supervisor, FA Unit augsburc@ahca.myflorida.com (850) 922-7754 Media Relations Contact for Reporters: Reporters are asked to contact the Agency's Media Relations Unit for information on CON applications, decisions, and any other CON/FA related issues at 850.922.5871.

Certificate of Need Program (CON) Overview

The Certificate of Need (CON) program is a regulatory process that requires certain health care providers to obtain state approval before offering certain new or expanded services. For example, a certificate of need would be required if a hospital wishes to establish a comprehensive medical rehabilitation program.

The CON process is intended to help ensure that new services proposed by health care providers are needed for quality patient care within a particular region or community.

The program prevents unnecessary duplication of services by selecting the best proposal among competing applicants who wish to provide a particular health service. CON in Florida regulates hospice, skilled nursing, intermediate care for the developmentally disabled, the development of new hospitals and certain hospital services. It does not regulate outpatient services, home health services or the purchase of major medical equipment.

When a CON is Required
Making Application
CON Review Process
CON Monitoring Process
CON Appeals Process

Major changes to CON regulations became effective July 1, 2004. The CON program is in the process of updating rules and notices will be posted on this website at the Rule Workshop and Proposed Rule links.

In 2000, the Florida legislature determined a need to study the future of the CON program. A workgroup was formed for this purpose.

Click here for the Final Report prepared by the CON Workgroup. This report is also available in PDF format, viewable with an Adobe Acrobat reader. (The Interim CON Report is also still available in PDF format.)

In 2001, the Florida legislature placed a moratorium on the issuance of certificates of need for additional community nursing home beds until July 1, 2006. In 2006, the legislature extended the moratorium until July 1, 2011. This action was taken because the legislature found that the continued growth in the Medicaid budget for nursing home care constrained the ability of the state to meet the needs of its elderly residents through the use of less restrictive and less institutional methods of long-term care.

In 2003, the Florida leglislature added language regarding rural hospitals to Chapter 395, Florida Statutes (F.S.), which allows rural hospitals that meet very specific conditions to construct replacement facilities without first obtaining CON. Section 395.6025, F.S. contains the following language:

Rural hospital replacement facilities.--Notwithstanding the provisions of s. 408.036, a hospital defined as a statutory rural hospital in accordance with s. 395.602, or a not-for-profit operator of rural hospitals, is not required to obtain a certificate of need for the construction of a new hospital located in a county with a population of at least 15,000 but no more than 18,000 and a density of less than 30 persons per square mile, or a replacement facility, provided that the replacement, or new, facility is located within 10 miles of the site of the currently licensed rural hospital and within the current primary service area. As used in this section, the term "service area" means the fewest number of zip codes that account for 75 percent of the hospital's discharges for the most recent 5-year period, based on information available from the hospital inpatient discharge database in the State Center for Health Statistics at the Agency for Health Care Administration. History.--s. 3, ch. 2003-258.

Financial

Financial Analysis (FA) Program Overview

The Financial Analysis program is a review and determination process that provides for the collection and analysis of hospital financial data and utilization statistics.

Data Collection