Fla. Admin. Code R. 59C-1.002

Current through Reg. 50, No. 235-239, December 10, 2024

Section 59C-1.002 - Definitions

(1) "Applicant" means any individual, partnership, corporation, or governmental entity which has filed an application for a Certificate of Need with the Agency.

(2) "Application" means the forms supplied by the Agency to an applicant which are to be completed in order to be eligible to be considered for a Certificate of Need.

(3) "Audited financial statement" means all pages of the financial statements of the applicant that have been examined by an independent certified public accountant in accordance with generally accepted auditing standards as set forth in Statements on Auditing Standards published by the American Institute of Certified Public Accountants, on which the certified public accountant expresses an opinion as to the fairness with which the financial statements present financial position, results of operations, and changes in financial position in conformity with generally accepted accounting principles as established by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board.

(4) "Batching Cycle" means the grouping for comparative review of Certificate of Need applications submitted for beds, services or programs having a like Certificate of Need need methodology or licensing category in the same planning horizon and the same applicable District or subdistrict.

(5) "By or on behalf of" means any action taken directly or indirectly by a health care facility or health maintenance organization which will result in any leasehold or ownership interest for the health care facility or health maintenance organization.

(6) "Capital project" means a project, whether subject to or not subject to Certificate of Need review, which involves a capital expenditure as defined in Section 408.032(2), F.S., and which the applicant has approved via authorization to execute. For projects subject to Certificate of Need review, a capital project approved by the applicant also means:

(a) A project involving a capital expenditure for which a notice of intent to grant a Certificate of Need has been issued; or

(b) A project involving a capital expenditure for which a notice of intent to deny a Certificate of Need is in litigation, or could still be litigated within any remaining part of the 21-day period provided by Section 408.039(5)(a), F.S.

(7) "Combination" means the combination within one nursing home facility of the beds or services authorized by two or more Certificates of Need issued in the same planning subdistrict.

(8) "Community nursing home beds" means nursing home beds, other than sheltered nursing home beds, regulated under rule 59C-1.036, F.A.C.

(9) "Comparative hearing" means a single hearing, conducted pursuant to Section 120.57, F.S. and Rule 59C-1.012, F.A.C., held to review all pending applications in the same batching cycle and comparatively reviewed by the Agency.

(10) "Comparative review" means the process by which Certificate of Need applications, submitted in the same batching cycle for beds or services for the same planning area, as defined by applicable rules, are competitively evaluated by the Agency through final Agency action for purposes of awarding a Certificate of Need.

(11) "Comprehensive Medical Rehabilitation Inpatient Beds" means beds designated for the exclusive use for Comprehensive Medical Rehabilitation Inpatient Services regulated under Rule 59C-1.039, F.A.C.

(12) "Conversion from one type of health care facility to another" means the reclassification of one licensed facility type to another licensed facility type, including reclassification from a general acute care hospital to a specialty hospital.

(13) "Conversion of beds" means the reclassification of licensed beds from one category to another, for facilities licensed under Chapter 395, F.S., including conversion to or from acute care beds, neonatal intensive care beds, hospital inpatient psychiatric beds, comprehensive medical rehabilitation beds, hospital inpatient substance abuse beds, distinct part skilled nursing facility beds, or beds in a long term care hospital; and, for facilities licensed under Chapter 400, Part I, F.S., conversion to or from sheltered beds and community beds.

(14) "Division" means the division into two or more nursing home facilities of beds or services authorized by one Certificate of Need issued in the same planning subdistrict.

(15) "Existing health care facility" means a licensed health care facility.

(16) "Fixed Need Pool" means the identified numerical need, as published in the Florida Administrative Register, for new beds or services for the applicable planning horizon established by the Agency in accordance with need methodologies which are in effect by rule at the time of publication of the Fixed Need Pools for the applicable batching cycle.

(17) "Health care provider" means an individual who delivers health services or who is a member of an organization that delivers health services. Health care providers include but are not limited to physicians, medical doctors, osteopaths, dentists, podiatrists, nurses, chiropractors, physician assistants, dental assistants, mental health professionals and other allied health professionals, administrators and employees of health care institutions.

(18) "Health care purchaser" means an individual who is responsible for or an authorized member of an organization or Agency which is responsible for the purchase of health services for a group of 25 or more individuals either directly or through acquisition of health insurance coverage. Health care purchasers as described above include, but are not limited to representatives of individual businesses, employer coalitions, governmental units, labor organizations, consumer groups and health insurers.

(19) "Hospital inpatient psychiatric beds" means beds designated for the exclusive use of hospital inpatient psychiatric services regulated under Rule 59C-1.040, F.A.C.

(20) "Hospital inpatient substance abuse beds" means beds designated for the exclusive use of Hospital Inpatient Substance Abuse Services regulated under Rule 59C-1.041, F.A.C.

(21) "Identifiable portion" means a reduction in the scope of a project proposed that does not involve a change in the type of project.

(22) "Letter of Intent" means a written communication respecting the development of a Certificate of Need proposal, submitted to the Agency in accordance with the provisions in Rule 59C-1.008, F.A.C. and Section 408.039(2), F.S.

(23) "License" means the granting of a privilege, by the Agency, to operate any facility, service or Agency for which the Agency has regulatory responsibility and is evidenced by the document titled "license" issued by the Agency pursuant to its statutory authority.

(24) "Local Health Council" means a public or private nonprofit health planning Agency established consistent with Section 408.033, F.S., which serves the counties of a District of the Agency as defined in Section 408.032(5), F.S.

(25) "Nongovernmental health care consumer" means an individual who is not a health care provider or a health care purchaser as defined in subsections (17) and (18) of this section. Nongovernmental health care consumers include but are not limited to elected government officials, members of the general public and representatives of consumer organizations.

(26) "Nursing home" means a health care facility licensed under Chapter 400, Part I, F.S.

(27) "Operate" means to have the legal responsibility, pursuant to the appropriate licensure statute where licensure is required, for the proper functioning of all aspects of a health care facility or service.

(28) "Shared service" means a health service which is operated by or on behalf of two or more health care facilities or health care providers.

(29) "Shared service project" means the act of two or more health care facilities or health care providers entering into an arrangement to jointly offer an existing, approved or proposed health service for a pre-determined period of time.

(30) "Sheltered nursing home beds" means nursing home beds configured into a nursing home facility licensed pursuant to Chapter 400, Part I, F.S., which are located within a continuing care retirement community certified under Chapter 651, F.S., for which a Certificate of Need has been issued as sheltered beds, and which are regulated under Rule 59C-1.037, F.A.C.

(31) "State Agency Action Report" means the single written document prepared by the Agency after reviewing a Certificate of Need application, or applications where more than one Certificate of Need application is accepted by the Agency in the same batching cycle, which sets forth the evaluation of the Agency with respect to the application or applications.

(32) "Subdistricts" mean a subdivision of a district designated by the local health council as established under Rule 59C-2.200, F.A.C.

(33) "Termination of an inpatient health service" means the cessation of a health service which currently requires a Certificate of Need. It does not include the temporary cessation of a service lasting 6 months or less.

(34) "Transfer of a Certificate of Need" means the conveyance of a Certificate of Need which has been issued and remains valid from one person to another person.

(35) "Transfer costs" means any expense actually incurred by the transferor. Costs incurred in implementing the Certificate of Need subsequent to its award are project costs, not transfer costs.

Fla. Admin. Code Ann. R. 59C-1.002

Rulemaking Authority 408.034(8), 408.15(8) FS. Law Implemented 408.033(1)(a), 408.036(1), (2), 408.037(1), 408.039(1), (2), 651.118 FS.

New 1-1-77, Joint Administrative Procedures Committee Objection Filed-See F.A.W. Volume 3, No. 10, March 11, 1977, Amended 11-1-77, 9-1-78, 6-5-79, 4-25-80, 2-1-81, 3-31-82, 7-29-82, 12-23-82, Formerly 10-5.02, Amended 11-24-86, 11-17-87, 12-5-90, 1-31-91, 1-1-92, Formerly 10-5.002, Amended 12-14-92, 2-27-94, 6-23-94, 10-18-95, 10-8-97, 12-12-00, Amendment resolved Joint Administrative Procedures Committee objection, 10-27-77, Florida Administrative Weekly Vol. 35, No. 27, July 10, 2009, Amended by Florida Register Volume 45, Number 191, October 1, 2019 effective 10/17/2019.

New 1-1-77, Joint Administrative Procedures Committee Objection Filed-See F.A.R. Volume 3, No. 10, March 11, 1977, Amended 11-1-77, 9-1-78, 6-5-79, 4-25-80, 2-1-81, 3-31-82, 7-29-82, 12-23-82, Formerly 10-5.02, Amended 11-24-86, 11-17-87, 12-5-90, 1-31-91, 1-1-92, Formerly 10-5.002, Amended 12-14-92, 2-27-94, 6-23-94, 10-18-95, 10-8-97, 12-12-00, Amendment resolved Joint Administrative Procedures Committee objection, 10-27-77, Florida Administrative Register Vol. 35, No. 27, July 10, 2009, Amended 10-17-19.