Fla. Admin. Code R. 59C-1.0085

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

Section 59C-1.0085 - Project Specific Certificate of Need Application Procedures for Transfer of a Certificate of Need

In addition to the requirements set forth in Rule 59C-1.008, F.A.C., the following requirements apply to the transfer of a Certificate of Need. As provided in Sections 408.037(2) and 408.034(2), F.S., an applicant for a Certificate of Need must certify that it will license and operate the health care facility or service authorized by the Certificate of Need; and the Agency will not issue a license to any health care facility, part of a health care facility, Hospice, or health care service described in Section 408.036(1) or (2), F.S., which fails to receive a required Certificate of Need. This subsection applies to circumstances where the certificate holder will not be the initial licensee or operator of the authorized project. Such circumstances include, for example, a change in the ownership or licensed operator of the certificate holder. Except as provided in this subsection, such changed circumstances require a Certificate of Need that transfers the authorized project to the intended initial licensee or operator.

(1) An application to transfer a Certificate of Need is subject to an expedited review, as specified in Section 408.036(2)(a), F.S.

(2) The proposed transferee is the applicant for the transfer. The transferor is subject to the limitations on transfer costs specified in Section 408.042, F.S., which must be identified in the application for a transfer.

(3) The application fee for transfer of a Certificate of Need is $10,000 provided there is no increase in the project cost approved for the Certificate of Need that is being transferred. The filing fee for a transfer involving an increase in the project cost shall be calculated based on the amount of increase in accordance with Section 408.038, F.S. and paragraph 59C-1.008(3)(a), F.A.C.

(4) A transfer application is required if the intended licensee or operator for approved nursing home beds in a combined Certificate of Need, as authorized by an exemption under Section 408.036(3)(g), F.S., will be an entity other than the holder of any of the uncombined Certificates of Need.

(5) A transfer application is required if the intended licensee or operator for the approved nursing home beds included in a component or components of a divided Certificate of Need, as authorized by an exemption under Section 408.036(3)(i), F.S., will be an entity other than the holder of the undivided Certificate of Need.

(6) A transfer application will be reviewed in accordance with the review criteria in Section 408.035, F.S.

(7) Upon written request from the transferor received at least 15 days prior to the termination date of the Certificate of Need, and receipt of a transfer application, the Agency will extend the validity period of the proposed transferred Certificate of Need for a period of 60 days, consistent with paragraph 59C-1.018(3)(c), F.A.C.

(8) No transfer application is required if a change in the intended initial licensee or operator of an authorized project occurs because of a corporate merger or a change in the corporate name.

(9) This rule is in effect for five years from its effective date.

Fla. Admin. Code Ann. R. 59C-1.0085

Rulemaking Authority 408.034(8), 408.15(8) FS. Law Implemented 408.033, 408.034, 408.036(2), 408.037(3), 408.038, 408.039, 408.042 FS.

New 1-31-91, Formerly 10-5.0085, Amended 10-18-95, 10-8-97, 12-12-00, 7-19-05, Amended by Florida Register Volume 47, Number 144, July 27, 2021 effective 8/8/2021.

New 1-31-91, Formerly 10-5.0085, Amended 10-18-95, 10-8-97, 12-12-00, 7-19-05, 8-8-21.