Fla. Stat. § 408.031
Short title
Sections 408.031-408.045 shall be known and may be cited as the “Health Facility and Services Development Act.”
Florida Statutes Chapter 408 — HEALTH CARE ADMINISTRATION
Florida · statute · Fla. Stat. ch. 408 · 76 active provisions
Fla. Stat. § 408.032
Definitions relating to Health Facility and Services Development Act
As used in ss. 408.031-408.045, the term:(1) “Agency” means the Agency for Health Care Administration.(2) “Capital expenditure” means an expenditure, including an expenditure for a construction project undertaken by a health care facility as its own contractor, which, under generally accepted accounting principles, is…
Fla. Stat. § 408.033
Local and state health planning
(1) LOCAL HEALTH COUNCILS.—(a) Local health councils are hereby established as public or private nonprofit agencies serving the counties of a district. The members of each council shall be appointed in an equitable manner by the county commissions having jurisdiction in the respective district. Each council shall be co…
Fla. Stat. § 408.034
Duties and responsibilities of agency; rules
(1) The agency is designated as the single state agency to issue, revoke, or deny certificates of need and to issue, revoke, or deny exemptions from certificate-of-need review in accordance with present and future federal and state statutes. The agency is designated as the state health planning agency for purposes of f…
Fla. Stat. § 408.035
Review criteria
The agency shall determine the reviewability of applications and shall review applications for certificate-of-need determinations for health care facilities in context with the following criteria:(1) The need for the health care facilities being proposed.(2) The availability, quality of care, accessibility, and extent…
Fla. Stat. § 408.036
Projects subject to review; exemptions
(1) APPLICABILITY.—Unless exempt under subsection (3), all health-care-related projects, as described in this subsection, are subject to review and must file an application for a certificate of need with the agency. The agency is exclusively responsible for determining whether a health-care-related project is subject t…
Fla. Stat. § 408.037
Application content
(1) An application for a certificate of need must contain:(a) A detailed description of the proposed project and statement of its purpose and need in relation to the district health plan.(b) A statement of the financial resources needed by and available to the applicant to accomplish the proposed project. This statemen…
Fla. Stat. § 408.038
Fees
The agency shall assess fees on certificate-of-need applications. Such fees shall be for the purpose of funding the activities of the agency and shall be allocated as provided in s. 408.033. The fee shall be determined as follows:(1) A minimum base fee of $10,000.(2) In addition to the base fee of $10,000, 0.015 of eac…
Fla. Stat. § 408.039
Review process
The review process for certificates of need shall be as follows:(1) REVIEW CYCLES.—The agency by rule shall provide for applications to be submitted on a timetable or cycle basis; provide for review on a timely basis; and provide for all completed applications pertaining to similar types of services or facilities affec…
Fla. Stat. § 408.040
Conditions and monitoring
(1)(a) The agency may issue a certificate of need, or an exemption, predicated upon statements of intent expressed by an applicant in the application for a certificate of need or an exemption. Any conditions imposed on a certificate of need or an exemption based on such statements of intent shall be stated on the face…
Fla. Stat. § 408.041
Certificate of need required; penalties
It is unlawful for any person to undertake a project subject to review under ss. 408.031-408.045 without a valid certificate of need. Any person violating the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Each day of continuing violation…
Fla. Stat. § 408.042
Limitation on transfer
The holder of a certificate of need shall not charge a price for the transfer of the certificate of need to another person that exceeds the total amount of the actual costs incurred by the holder in obtaining the certificate of need. Such actual costs must be documented by an affidavit executed by the transferor under…
Fla. Stat. § 408.043
Special provisions
(1) HOSPICES.—When an application is made for a certificate of need to establish or to expand a hospice, the need for such hospice shall be determined on the basis of the need for and availability of hospice services in the community. The formula on which the certificate of need is based shall discourage regional monop…
Fla. Stat. § 408.044
Injunction
Notwithstanding the existence or pursuit of any other remedy, the agency may maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the pursuit of a project subject to review under ss. 408.031-408.045, in the absence of a valid certificate of need.
Fla. Stat. § 408.045
Certificate of need; competitive sealed proposals
(1) The application, review, and issuance procedures for a certificate of need for an intermediate care facility for the developmentally disabled may be made by the agency by competitive sealed proposals.(2) The agency shall make a decision regarding the issuance of the certificate of need in accordance with the provis…
Fla. Stat. § 408.0455
Rules; pending proceedings
The rules of the agency in effect on June 30, 2004, shall remain in effect and shall be enforceable by the agency with respect to ss. 408.031-408.045 until such rules are repealed or amended by the agency. Rules 59C-1.039 through 59C-1.044, Florida Administrative Code, remain in effect for the sole purpose of maintaini…
Fla. Stat. § 408.05
Florida Center for Health Information and Transparency
(1) ESTABLISHMENT.—The agency shall establish and maintain a Florida Center for Health Information and Transparency to collect, compile, coordinate, analyze, index, and disseminate health-related data and statistics. The center shall be staffed as necessary to carry out its functions.(2) HEALTH-RELATED DATA.—The Florid…
Fla. Stat. § 408.051
Florida Electronic Health Records Exchange Act
(1) SHORT TITLE.—This section may be cited as the “Florida Electronic Health Records Exchange Act.”(2) DEFINITIONS.—As used in this section, the term:(a) “Certified electronic health record technology” means a qualified electronic health record that is certified pursuant to s. 3001(c)(5) of the Public Health Service Ac…
Fla. Stat. § 408.0511
Exemption from antitrust laws for persons or entities required to submit, receive, or publish data under ch. 2016-234
This act is intended to promote health care price and quality transparency to enable consumers to make informed choices regarding health care treatment and improve competition in the health care market. Persons or entities required to submit, receive, or publish data under this act are acting pursuant to state requirem…
Fla. Stat. § 408.0512
Electronic health records system adoption loan program
Subject to the availability of eligible donations from public or private entities and funding made available through s. 3014 of the Public Health Service Act, the agency may operate a certified electronic health record technology loan fund subject to a specific appropriation as authorized by the General Appropriations…
Fla. Stat. § 408.061
Data collection; uniform systems of financial reporting; information relating to physician charges; confidential information; immunity
(1) The agency shall require the submission by health care facilities, health care providers, and health insurers of data necessary to carry out the agency’s duties and to facilitate transparency in health care pricing data and quality measures. Specifications for data to be collected under this section shall be develo…
Fla. Stat. § 408.0611
Electronic prescribing clearinghouse
(1) It is the intent of the Legislature to promote the implementation of electronic prescribing by health care practitioners, health care facilities, and pharmacies in order to prevent prescription drug abuse, improve patient safety, and reduce unnecessary prescriptions. To that end, it is the intent of the Legislature…
Fla. Stat. § 408.062
Research, analyses, studies, and reports
(1) The agency shall conduct research, analyses, and studies relating to health care costs and access to and quality of health care services as access and quality are affected by changes in health care costs. Such research, analyses, and studies shall include, but not be limited to:(a) The financial status of any healt…
Fla. Stat. § 408.0621
Blood clot and pulmonary embolism policy workgroup
(1) The Secretary of Health Care Administration, in conjunction with the State Surgeon General, shall establish a blood clot and pulmonary embolism policy workgroup.(2) The workgroup shall:(a) Identify the aggregate number of people who experience blood clots and pulmonary embolisms each year in this state.(b) Identify…
Fla. Stat. § 408.063
Dissemination of health care information
(1) The agency, relying on data collected pursuant to this chapter, shall establish a reliable, timely, and consistent information system that distributes information and serves as the basis for the agency’s public education programs. The agency shall seek advice from consumers, health care purchasers, health care prov…
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