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Certificate of Need (CON) Program Overview

James McLemore, OMC Manager
Certificate of Need and Commercial Managed Care Unit

Bureau of Health Facility Regulation
2727 Mahan Drive, MS #28
Tallahassee, FL 32308
Florida Relay Services (TDD): (800) 955-8771
Telephone: (850) 412-4401
Fax: (850) 922-6059
Email CON-CMCU@ahca.myflorida.com

The Certificate of Need program is a regulatory process that requires certain health care providers to obtain state approval before offering certain new or expanded services. The CON program currently regulates hospices, skilled nursing facilities, intermediate care facilities for the developmentally disabled, and the establishment of new Class II, III, IV hospitals. It does not regulate outpatient services, home health services, purchases of major medical equipment, assisted living facilities, the establishment of Class I (general hospitals) or the addition of beds or services to Class I hospitals.

There are four CON batching cycles a year - two for Hospital Facilities and Hospice and two for Nursing Homes and ICF/DDs. Most projects are reviewed on a competitive batching cycle review basis, and a letter of intent must be filed with the CON Office at least 30 days before an application is filed. A letter of intent is not required for projects that will be given a non-competitive, expedited review.

Public hearings may be held on a CON application if requested by an applicant or a substantially affected party. CON decisions are rendered 60 days after an application is declared complete by the Agency. Notices of hearings, decisions and other actions regarding CON that are required by law are published in the Florida Administrative Register. Applicants or other affected parties may appeal a decision of the Agency according to the provisions of Rule 59C-1.012, Florida Administrative Code, Section 408.039(5) and (6) Florida Statutes (F.S.) and Chapter 120, F.S.

The CON Office monitors implementation of an approved project until it is licensed. CONs that were approved with conditions are monitored every year to assure that the required services are being provided.

Any questions regarding whether a project is subject to CON review or the CON process may be sent to James McLemore or call at 850-412-4401.

Media Relations Contact for Reporters:
Reporters are asked to contact the Agency's Media Relations Unit for information on CON applications, decisions, or any other Certificate of Need related issue at 850-412-3623.

Notices/Updates

Hospice utilization reports for the six months ending June 30 and December 31 are due on or before July 20 of each year and January 20 of the following year as required by Rule 59C-1.0355(8) F.A.C. Effective with the December 30, 2020 revision of the batching cycle dates in Rule 59C-1.008(1)(g) F.A.C., utilization reported for the 12 months ending December 31, 2020 will be included in the February 2021 batching cycle fixed need pool (FNP) projections and the August 2021 batching cycle FNP projections will include utilization reported for the 12 months ending June 30, 2021 pursuant to Rule 59C-1.0355(4)(a) F.A.C.

Pursuant to HB 21, effective July 1, 2019, Class I hospitals (including all bed types and tertiary services) and bed additions to existing licensed hospitals are no longer regulated by the Certificate of Need (CON) office. Therefore, condition compliance will no longer be monitored for hospital facilities and beds. Nursing homes, hospices and ICF/DDs continue to require condition compliance if applicable.