reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.031 - Short title.

408.031 Short title.—Sections 408.031-408.045 shall be known and may be cited as the “Health Facility and Services Development Act.”
History.—s. 18, ch. 87-92; s. 15, ch. 92-33; s. 7, ch. 95-144.
Note.—Former s. 381.701.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.035 - Review criteria.

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 of utilization of existing health care facilities in the service district of the applicant.
(3) The ability of the applicant to provide quality of care and the applicant’s record of providing quality of care.
(4) The availability of resources, including health personnel, management personnel, and funds for capital and operating expenditures, for project accomplishment and operation.
(5) The extent to which the proposed services will enhance access to health care for residents of the service district.
(6) The immediate and long-term financial feasibility of the proposal.
(7) The extent to which the proposal will foster competition that promotes quality and cost-effectiveness.
(8) The costs and methods of the proposed construction, including the costs and methods of energy provision and the availability of alternative, less costly, or more effective methods of construction.
(9) The applicant’s past and proposed provision of health care services to Medicaid patients and the medically indigent.
(10) The applicant’s designation as a Gold Seal Program nursing facility pursuant to s. 400.235, when the applicant is requesting additional nursing home beds at that facility.
History.—s. 22, ch. 87-92; s. 20, ch. 88-294; s. 15, ch. 92-33; ss. 37, 50, ch. 93-217; s. 30, ch. 95-210; s. 36, ch. 97-103; s. 39, ch. 97-264; s. 2, ch. 97-270; s. 20, ch. 99-394; s. 6, ch. 2000-256; s. 7, ch. 2000-318; s. 5, ch. 2004-383; s. 1, ch. 2008-29; ss. 11, 12, ch. 2019-136.
Note.—Former s. 381.705.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.037 - Application content.

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 statement must include:
1. A complete listing of all capital projects, including new health facility development projects and health facility acquisitions applied for, pending, approved, or underway in any state at the time of application, regardless of whether or not that state has a certificate-of-need program or a capital expenditure review program pursuant to s. 1122 of the Social Security Act. The agency may, by rule, require less-detailed information from major health care providers. This listing must include the applicant’s actual or proposed financial commitment to those projects and an assessment of their impact on the applicant’s ability to provide the proposed project.
2. A detailed listing of the needed capital expenditures, including sources of funds.
3. A detailed financial projection, including a statement of the projected revenue and expenses for the first 2 years of operation after completion of the proposed project. This statement must include a detailed evaluation of the impact of the proposed project on the cost of other services provided by the applicant.
(c) An audited financial statement of the applicant or the applicant’s parent corporation if audited financial statements of the applicant do not exist. In an application submitted by an existing health care facility, health maintenance organization, or hospice, financial condition documentation must include, but need not be limited to, a balance sheet and a profit-and-loss statement of the 2 previous fiscal years’ operation.
(2) The applicant must certify that it will license and operate the health care facility. For an existing health care facility, the applicant must be the licenseholder of the facility.
History.—s. 24, ch. 87-92; s. 15, ch. 92-33; s. 4, ch. 97-270; s. 8, ch. 2000-256; s. 9, ch. 2000-318; s. 2, ch. 2008-29; s. 42, ch. 2012-160; s. 16, ch. 2019-136.
Note.—Former s. 381.707.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.038 - Fees.

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 each dollar of proposed expenditure, except that a fee may not exceed $50,000.
History.—s. 25, ch. 87-92; s. 2, ch. 89-104; s. 16, ch. 89-527; s. 4, ch. 91-282; s. 15, ch. 92-33; s. 11, ch. 95-144; s. 17, ch. 97-79; s. 9, ch. 2000-256; s. 10, ch. 2000-318; s. 8, ch. 2004-383.
Note.—Former s. 381.708.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.041 - Certificate of need required; penalties.

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 shall be considered a separate offense.
History.—s. 28, ch. 87-92; s. 62, ch. 91-224; s. 15, ch. 92-33; s. 14, ch. 95-144.
Note.—Former s. 381.711.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.042 - Limitation on transfer.

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 oath. A holder who violates this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, or by a fine not exceeding $10,000, or both.
History.—s. 29, ch. 87-92; s. 15, ch. 92-33; s. 7, ch. 97-270.
Note.—Former s. 381.712.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.043 - Special provisions.

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 monopolies and promote competition. The inpatient hospice care component of a hospice which is a freestanding facility, or a part of a facility, which is primarily engaged in providing inpatient care and related services and is not licensed as a health care facility shall also be required to obtain a certificate of need. Provision of hospice care by any current provider of health care is a significant change in service and therefore requires a certificate of need for such services.
(2) RURAL HEALTH NETWORKS.—Preference shall be given in the award of a certificate of need to members of certified rural health networks, as provided for in s. 381.0406, subject to the following conditions:
(a) Need must be shown pursuant to s. 408.035.
(b) The proposed project must:
1. Strengthen health care services in rural areas through partnerships between rural care providers; or
2. Increase access to inpatient health care services for Medicaid recipients or other low-income persons who live in rural areas.
(c) No preference shall be given under this section for the establishment of skilled nursing facility services by a hospital.
(3) PRIVATE ACCREDITATION NOT REQUIRED.—Accreditation by any private organization may not be a requirement for the issuance or maintenance of a certificate of need under ss. 408.031-408.045.
History.—s. 30, ch. 87-92; s. 15, ch. 91-282; s. 15, ch. 92-33; s. 31, ch. 93-129; s. 8, ch. 97-270; s. 1, ch. 2003-161; s. 11, ch. 2004-383; s. 18, ch. 2019-136.
Note.—Former s. 381.713.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.044 - Injunction.

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.
History.—s. 31, ch. 87-92; s. 15, ch. 92-33; s. 15, ch. 95-144; s. 12, ch. 2000-256; s. 13, ch. 2000-318.
Note.—Former s. 381.714.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.045 - Certificate of need; competitive sealed proposals.

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 provisions of s. 287.057(17), rules adopted by the agency relating to intermediate care facilities for the developmentally disabled, and the criteria in s. 408.035, as further defined by rule.
(3) Notification of the decision shall be issued to all applicants not later than 28 calendar days after the date responses to a request for proposal are due.
(4) The procedures provided for under this section are exempt from the batching cycle requirements and the public hearing requirement of s. 408.039.
(5) The agency may use the competitive sealed proposal procedure for determining a certificate of need for other types of health care facilities and services if the agency identifies an unmet health care need and when funding in whole or in part for such health care facilities or services is authorized by the Legislature.
History.—s. 3, ch. 83-244; s. 42, ch. 85-81; s. 32, ch. 87-92; s. 3, ch. 89-308; s. 30, ch. 90-268; ss. 15, 18, ch. 92-33; s. 16, ch. 95-144; s. 13, ch. 2000-256; s. 14, ch. 2000-318; s. 67, ch. 2002-1; s. 37, ch. 2002-207; s. 33, ch. 2010-151; s. 14, ch. 2021-225.
Note.—Former s. 381.4961; s. 381.715.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.0455 - Rules; pending proceedings.

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 maintaining licensure requirements for the applicable services until the agency has adopted rules for the corresponding services pursuant to s. 395.1055(1)(i), Florida Statutes 2018.
History.—s. 38, ch. 87-92; s. 19, ch. 92-33; s. 74, ch. 92-289; s. 19, ch. 97-79; s. 4, ch. 97-98; s. 9, ch. 97-270; s. 12, ch. 2004-383; s. 19, ch. 2019-136.
Note.—Former s. 381.7155.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.0511 - Exemption from antitrust laws for persons or entities required to submit, receive, or publish data under ch. 2016-234.

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 requirements contained therein and are exempt from state antitrust laws.
History.—s. 17, ch. 2016-234.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.0512 - Electronic health records system adoption loan program.

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 Act or as provided through the provisions of s. 216.181(11)(a) and (b).
History.—s. 3, ch. 2009-172; s. 2, ch. 2023-10.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.0621 - Blood clot and pulmonary embolism policy workgroup.

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 how data is collected regarding blood clots, pulmonary embolisms, and adverse health outcomes associated with these conditions.
(c) Identify how blood clots and pulmonary embolisms impact the lives of people in this state.
(d) Identify the standards of care for blood clot surveillance, detection, and treatment.
(e) Identify emerging treatments, therapies, and research relating to blood clots.
(f) Develop a risk surveillance system to help health care providers identify patients who may be at a higher risk of forming blood clots and pulmonary embolisms.
(g) Develop policy recommendations to help improve patient awareness of blood clot risks.
(h) Develop policy recommendations to help improve surveillance and detection of patients who may be at a higher risk of forming blood clots in licensed health care facilities, including hospitals, nursing homes, assisted living facilities, residential treatment facilities, and ambulatory surgical centers.
(i) Develop policy recommendations relating to guidelines used that affect the standard of care for patients at risk of forming blood clots.
(j) Develop policy recommendations relating to providing patients and their families with written notice of increased risks of forming blood clots.
(3)(a) The workgroup shall be composed of health care providers, patients who have experienced blood clots, family members of patients who have died from blood clots, advocates, and other interested parties and associations.
(b) The President of the Senate and the Speaker of the House of Representatives shall each appoint two members to the workgroup.
(c) Members of the workgroup shall serve without compensation.
(d) The State Surgeon General shall appoint the chair of the workgroup.
(e) The chair is authorized to create subcommittees to help with research, scheduling speakers on important subjects, and drafting a workgroup report and policy recommendations.
(f) Meetings of the workgroup may be held through teleconference or other electronic means.
(4)(a) The Secretary of Health Care Administration shall submit an annual report detailing his or her findings and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives.
(b) The Secretary of Health Care Administration shall submit a final report detailing his or her findings and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 4, 2025.
History.—s. 2, ch. 2023-192.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.063 - Dissemination of health care information.

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 providers, health care facilities, health insurers, and local health councils in the development and implementation of its information system. Whenever appropriate, the agency shall use the local health councils for the dissemination of information and education of the public.
(2) The agency shall publish and disseminate information to the public which will enhance informed decisionmaking in the selection of health care providers, facilities, and services. Such publications may identify average charges for specified services, lengths of stay associated with established diagnostic groups, readmission rates, mortality rates, recommended guidelines for selection and use of health care providers, health care facilities, and health care services, and such other information as the agency deems appropriate.
(3) The agency shall educate consumers and health care purchasers by conducting or sponsoring seminars and other educational programs at locations throughout the state.
(4) The agency shall serve as a clearinghouse for information concerning:
(a) Innovations in the delivery of health care services and the enhancement of competition in the health care market.
(b) Federal and state legislative initiatives affecting the private health care delivery system and governmental health care programs.
(c) Health promotion, illness prevention, and wellness in the work setting.
(5) The staff of the agency may conduct or sponsor consumer information and education seminars at locations throughout the state and may hold public hearings to solicit consumer concerns or complaints relating to health care costs and make recommendations to the agency for study, action, or investigation.
History.—s. 70, ch. 92-33; s. 13, ch. 98-89; s. 25, ch. 2020-156.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.064 - Direct care worker education and awareness.

408.064 Direct care worker education and awareness.—
(1) The agency shall create a web page dedicated solely to providing information to patients and their families about direct care workers, as defined in s. 408.822, including, but not limited to, a description of:
(a) Each type of direct care worker, including any licensure or certification requirements.
(b) The services that each type of direct care worker typically provides.
(c) The business relationship that each type of direct care worker typically has with a patient or a patient’s family, including the responsibilities of the consumer for each type of business relationship.
(2) The web page shall contain a link to health-related data required by s. 408.05, which allows consumers to search and locate direct care workers by county and statewide. The agency shall prominently display a link on its website to the web page created under this section.
History.—s. 10, ch. 2020-133.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.09 - Assistance on cost containment strategies.

408.09 Assistance on cost containment strategies.—The agency shall:
(1) Assist purchasers and employers who seek technical assistance from the agency for the purpose of cost-effective purchasing of health care.
(2) Develop cost containment strategies for use by providers, employers, or consumers of health care.
(3) Develop an outreach program to assist small business to include cost containment initiatives for small business health insurance plans.
(4) Assist existing health coalitions and local health councils as needed in carrying out their respective goals in an efficient and effective manner.
History.—s. 75, ch. 92-33.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.10 - Consumer complaints.

408.10 Consumer complaints.—The agency shall publish and make available to the public a toll-free telephone number for the purpose of handling consumer complaints and shall serve as a liaison between consumer entities and other private entities and governmental entities for the disposition of problems identified by consumers of health care.
History.—s. 76, ch. 92-33; s. 22, ch. 2012-160.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.16 - Health Care Trust Fund; moneys to be deposited therein.

408.16 Health Care Trust Fund; moneys to be deposited therein.—
(1) There is created in the State Treasury a special fund to be designated as the Health Care Trust Fund, which shall be used in the operation of the Agency for Health Care Administration in the performance of the various functions and duties required of it by law.
(2) All fees, license fees, and other charges collected by the agency shall be deposited in the State Treasury to the credit of the Health Care Trust Fund, to be used in the operation of the agency as authorized by the Legislature. However, penalties and interest assessed and collected by the agency shall not be deposited in the trust fund but shall be deposited in the General Revenue Fund. The Health Care Trust Fund shall be subject to the service charge imposed pursuant to chapter 215.
(3) The agency shall maintain separate revenue and expenditure accounts in the Health Care Trust Fund for every provider licensed by the agency.
(4) All other moneys in the Health Care Trust Fund shall be for the use of the agency in the performance of its functions and duties as provided by law, subject to the fiscal and budgetary provisions of general law and the General Appropriations Act.
History.—s. 50, ch. 92-33; s. 23, ch. 93-129; s. 36, ch. 96-418; s. 59, ch. 97-261.
Note.—Former s. 455.2205.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.185 - Information submitted for review of antitrust issues; confidentiality.

408.185 Information submitted for review of antitrust issues; confidentiality.—The following information held by the Office of the Attorney General, which is submitted by a member of the health care community pursuant to a request for an antitrust no-action letter shall be confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution for 1 year after the date of submission.
(1) Documents that reveal trade secrets as defined in s. 688.002.
(2) Preferred provider organization contracts.
(3) Health maintenance organization contracts.
(4) Documents that reveal a health care provider’s marketing plan.
(5) Proprietary confidential business information as defined in s. 364.183(3).
History.—s. 1, ch. 96-373; s. 99, ch. 97-261; s. 1, ch. 2001-72.
Note.—Former s. 455.2775.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.20 - Assessments; Health Care Trust Fund.

408.20 Assessments; Health Care Trust Fund.—
(1) The data collection and analysis activities of the agency shall be financed, in part, by an assessment on:
(a) Hospitals in an amount to be determined annually by the agency, but not to exceed 0.04 percent of the gross operating expenses of each hospital for the provision of hospital services for its last fiscal year. Every new hospital shall pay its initial assessment upon being licensed by the state and shall base its assessment payment during the first year of operation upon its projections for gross operating expenses for that year. Each hospital under new ownership shall pay its initial assessment for the first year of operation under new ownership based on its gross operating expenses for the last fiscal year under previous ownership. The assessments shall be levied and collected quarterly.
(b) Nursing homes in an amount set by the agency to cover the agency’s approved budget. The agency shall calculate the amount to be collected per bed, rounded to the nearest whole dollar. All assessments collected under this section which are due after the date of notification by the agency shall be at a rate sufficient to cover the agency’s approved budget. Assessments shall be levied and collected annually by the agency. Each new nursing home shall pay its initial assessment upon being licensed, and each nursing home under new ownership shall pay its initial assessment under the new ownership based on its number of beds.
(2) All moneys collected are to be deposited into the Health Care Trust Fund created pursuant to s. 408.16.
(3) Any amounts raised by the collection of assessments provided for in this section which are not required to meet appropriations in the budget act for the current fiscal year shall be available to the agency in succeeding years.
(4) Hospitals operated by a state agency are exempt from the assessments required under this section.
History.—s. 78, ch. 92-33; s. 34, ch. 96-418; s. 174, ch. 98-166; s. 178, ch. 99-8; s. 163, ch. 2014-19; s. 66, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.301 - Legislative findings.

408.301 Legislative findings.—The Legislature has found that access to quality, affordable, health care for all Floridians is an important goal for the state. The Legislature recognizes that there are Floridians with special health care and social needs which require particular attention. The people served by the Department of Children and Families, the Agency for Persons with Disabilities, the Department of Health, and the Department of Elderly Affairs are examples of citizens with special needs. The Legislature further recognizes that the Medicaid program is an intricate part of the service delivery system for the special needs citizens. However, the Agency for Health Care Administration is not a service provider and does not develop or direct programs for the special needs citizens. Therefore, it is the intent of the Legislature that the Agency for Health Care Administration work closely with the Department of Children and Families, the Agency for Persons with Disabilities, the Department of Health, and the Department of Elderly Affairs in developing plans for assuring access to all Floridians in order to assure that the needs of special needs citizens are met.
History.—s. 18, ch. 93-129; s. 179, ch. 99-8; s. 13, ch. 2000-209; s. 83, ch. 2004-267; s. 164, ch. 2014-19; s. 51, ch. 2016-10.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.302 - Interagency agreement.

408.302 Interagency agreement.—
(1) The Agency for Health Care Administration shall enter into an interagency agreement with the Department of Children and Families, the Agency for Persons with Disabilities, the Department of Health, and the Department of Elderly Affairs to assure coordination and cooperation in serving special needs citizens. The agreement shall include the requirement that the secretaries or directors of the Department of Children and Families, the Agency for Persons with Disabilities, the Department of Health, and the Department of Elderly Affairs approve, prior to adoption, any rule developed by the Agency for Health Care Administration where such rule has a direct impact on the mission of the respective state agencies, their programs, or their budgets.
(2) For rules which indirectly impact on the mission of the Department of Children and Families, the Agency for Persons with Disabilities, the Department of Health, and the Department of Elderly Affairs, their programs, or their budgets, the concurrence of the respective secretaries or directors on the rule is required.
(3) For all other rules developed by the Agency for Health Care Administration, coordination with the Department of Children and Families, the Agency for Persons with Disabilities, the Department of Health, and the Department of Elderly Affairs is encouraged.
(4) The interagency agreement shall also include any other provisions necessary to ensure a continued cooperative working relationship between the Agency for Health Care Administration and the Department of Children and Families, the Agency for Persons with Disabilities, the Department of Health, and the Department of Elderly Affairs as each strives to meet the needs of the citizens of Florida.
History.—s. 19, ch. 93-129; s. 180, ch. 99-8; s. 84, ch. 2004-267; s. 165, ch. 2014-19.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.40 - Public Counsel.

408.40 Public Counsel.—
(1) Notwithstanding any other provisions of this chapter, the Public Counsel shall represent the public in any proceeding before the agency or its advisory panels in any administrative hearing conducted pursuant to chapter 120 or before any other state and federal agencies and courts in any issue before the agency, any court, or any agency. With respect to any such proceeding, the Public Counsel is subject to the provisions of and may use the powers granted to him or her by ss. 350.061-350.0614.
(2) The Public Counsel shall:
(a) Recommend to the agency, by petition, the commencement of any proceeding or action or to appear, in the name of the state or its citizens, in any proceeding or action before the agency and urge therein any position that he or she deems to be in the public interest, whether consistent or inconsistent with positions previously adopted by the agency, and use therein all forms of discovery available to attorneys in civil actions generally, subject to protective orders of the agency, which shall be reviewable by summary procedure in the circuit courts of this state.
(b) Have access to and use of all files, records, and data of the agency available to any other attorney representing parties in a proceeding before the agency.
(c) In any proceeding in which he or she has participated as a party, seek review of any determination, finding, or order of the agency, or of any administrative law judge, or any hearing officer or hearing examiner designated by the agency, in the name of the state or its citizens.
(d) Prepare and issue reports, recommendations, and proposed orders to the agency, the Governor, and the Legislature on any matter or subject within the jurisdiction of the agency, and to make such recommendations as he or she deems appropriate for legislation relative to agency procedures, rules, jurisdiction, personnel, and functions.
(e) Appear before other state agencies, federal agencies, and state and federal courts in connection with matters under the jurisdiction of the agency, in the name of the state or its citizens.
History.—s. 80, ch. 92-33; s. 192, ch. 96-410; s. 1017, ch. 97-103; s. 16, ch. 98-89.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.50 - Prospective payment arrangements.

408.50 Prospective payment arrangements.—
(1) Hospitals as defined in s. 395.002, and health insurers regulated pursuant to parts VI and VII of chapter 627, shall establish prospective payment arrangements that provide hospitals with financial incentives to contain costs. Each hospital shall enter into a rate agreement with each health insurer which represents 10 percent or more of the private-pay patients of the hospital to establish a prospective payment arrangement. Hospitals and health insurers regulated pursuant to this section shall report annually the results of each specific prospective payment arrangement adopted by each hospital and health insurer to the board. The agency shall report a health insurer’s failure to comply to the Office of Insurance Regulation of the Financial Services Commission, which shall take into account the failure by the health insurer to comply in conjunction with its approval authority under s. 627.410. The agency shall adopt any rules necessary to carry out its responsibilities required by this section.
(2) The prospective payment system established pursuant to this section shall include, at a minimum, the following elements:
(a) A maximum allowable payment amount established for individual hospital products, services, patient diagnoses, patient day, patient admission, or per insured, or any combination thereof, which is preset at the beginning of the budget year of the hospital and fixed for the entirety of that budget year, except when extenuating and unusual circumstances acceptable to the department warrant renegotiation.
(b) Timely payment to the hospital by the insurer or the insured, or both, of the maximum allowable payment amount, as so negotiated by the insurer or group of insurers.
(c) Acceptance by the hospital of the maximum payment amount as payment in full, which shall include any deductible or coinsurance provided for in the insurer’s benefit plan.
(d) Utilization reviews for appropriateness of treatment.
(e) Preadmission screening of nonemergency admissions.
(3) Nothing contained in this section prohibits the inclusion of deductibles, coinsurance, or other cost containment provisions in any health insurance policy.
History.—s. 81, ch. 92-33; s. 438, ch. 2003-261.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.70 - Health care; managed competition; legislative findings and intent.

408.70 Health care; managed competition; legislative findings and intent.—
(1) The Legislature finds that the current health care system in this state does not provide access to affordable health care for all persons in this state. Almost one in five persons is without health insurance. For many, entry into the health care system is through a hospital emergency room rather than a primary care setting. The availability of preventive and primary care and managed, family-based care is limited. Health insurance underwriting practices have led to the avoidance, rather than to the sharing, of insurance risks, limiting access to coverages for small-sized employer groups and high-risk populations. Spiraling premium costs have placed health insurance policies out of the reach of many small-sized and medium-sized businesses and their employees. Lack of outcome and cost information has forced individuals and businesses to make critical health care decisions with little guidance or leverage. Health care resources have not been allocated efficiently, leading to excess and unevenly distributed capacity. These factors have contributed to the high cost of health care. Rural and other medically underserved areas have too few health care resources. Comprehensive, first-dollar coverages have allowed individuals to seek care without regard to cost. Provider competition and liability concerns have led to a medical technology arms race. Rather than competing on the basis of price and patient outcome, health care providers compete for patients on the basis of service, equipping themselves with the latest and best technologies. Managed-care and group-purchasing mechanisms are not widely available to small group purchasers. Health care regulation has placed undue burdens on health care insurers and providers, driving up costs, limiting competition, and preventing market-based solutions to cost and quality problems. Health care costs have been increasing at several times the rate of general inflation, eroding employer profits and investments, increasing government revenue requirements, reducing consumer coverages and purchasing power, and limiting public investments in other vital governmental services.
(2) It is the intent of the Legislature that a structured health care competition model, known as “managed competition,” be implemented throughout the state to improve the efficiency of the health care markets in this state. The managed competition model will promote the pooling of purchaser and consumer buying power; ensure informed cost-conscious consumer choice of managed care plans; reward providers for high-quality, economical care; increase access to care for uninsured persons; and control the rate of inflation in health care costs.
History.—s. 66, ch. 93-129; s. 60, ch. 2000-256; s. 11, ch. 2000-296.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part I - Health Facility and Services Planning (Ss. 408.031-408.7071) › 408.7071 - Standardized claim form.

408.7071 Standardized claim form.—The Agency for Health Care Administration shall develop a standardized claim form to be used by insurers and health care providers licensed in this state.
History.—s. 81, ch. 93-129; s. 41, ch. 97-103; s. 60, ch. 2000-158; s. 18, ch. 2000-209.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832) › 408.801 - Short title; purpose.

408.801 Short title; purpose.—
(1) This part may be cited as the “Health Care Licensing Procedures Act.”
(2) The Legislature finds that there is unnecessary duplication and variation in the requirements for licensure by the agency. It is the intent of the Legislature to provide a streamlined and consistent set of basic licensing requirements for all such providers in order to minimize confusion, standardize terminology, and include issues that are otherwise not adequately addressed in the Florida Statutes pertaining to specific providers.
History.—s. 5, ch. 2006-192.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832) › 408.802 - Applicability.

408.802 Applicability.—This part applies to the provision of services that require licensure as defined in this part and to the following entities licensed, registered, or certified by the agency, as described in chapters 112, 383, 390, 394, 395, 400, 429, 440, and 765:
(1) Laboratories authorized to perform testing under the Drug-Free Workplace Act, as provided under ss. 112.0455 and 440.102.
(2) Birth centers, as provided under chapter 383.
(3) Abortion clinics, as provided under chapter 390.
(4) Crisis stabilization units, as provided under parts I and IV of chapter 394.
(5) Short-term residential treatment facilities, as provided under parts I and IV of chapter 394.
(6) Residential treatment facilities, as provided under part IV of chapter 394.
(7) Residential treatment centers for children and adolescents, as provided under part IV of chapter 394.
(8) Hospitals, as provided under part I of chapter 395.
(9) Ambulatory surgical centers, as provided under part I of chapter 395.
(10) Nursing homes, as provided under part II of chapter 400.
(11) Assisted living facilities, as provided under part I of chapter 429.
(12) Home health agencies, as provided under part III of chapter 400.
(13) Nurse registries, as provided under part III of chapter 400.
(14) Companion services or homemaker services providers, as provided under part III of chapter 400.
(15) Adult day care centers, as provided under part III of chapter 429.
(16) Hospices, as provided under part IV of chapter 400.
1
(17) Adult family-care homes, as provided under part II of chapter 429.
(18) Homes for special services, as provided under part V of chapter 400.
(19) Transitional living facilities, as provided under part XI of chapter 400.
(20) Prescribed pediatric extended care centers, as provided under part VI of chapter 400.
(21) Home medical equipment providers, as provided under part VII of chapter 400.
(22) Intermediate care facilities for persons with developmental disabilities, as provided under part VIII of chapter 400.
(23) Health care services pools, as provided under part IX of chapter 400.
(24) Health care clinics, as provided under part X of chapter 400.
1
(25) Organ, tissue, and eye procurement organizations, as provided under part V of chapter 765.
History.—s. 5, ch. 2006-192; s. 89, ch. 2007-5; s. 132, ch. 2007-230; s. 19, ch. 2009-218; s. 23, ch. 2012-160; s. 9, ch. 2015-25; s. 68, ch. 2018-24; s. 73, ch. 2019-3; s. 26, ch. 2020-156.
1
Note.—Section 11, ch. 2006-192, provides that “[a]ll provisions that apply to the entities specified in s. 408.802, Florida Statutes, as created by this act, in effect on October 1, 2006, that provide for annual licensure fees are hereby adjusted to provide for biennial licensure fees with a corresponding doubling of the amount.”
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832) › 408.804 - License required; display.

408.804 License required; display.—
(1) It is unlawful to provide services that require licensure, or operate or maintain a provider that offers or provides services that require licensure, without first obtaining from the agency a license authorizing the provision of such services or the operation or maintenance of such provider.
(2) A license must be displayed in a conspicuous place readily visible to clients who enter at the address that appears on the license and is valid only in the hands of the licensee to whom it is issued and may not be sold, assigned, or otherwise transferred, voluntarily or involuntarily. The license is valid only for the licensee, provider, and location for which the license is issued.
(3) Any person who knowingly alters, defaces, or falsifies a license certificate issued by the agency, or causes or procures any person to commit such an offense, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any licensee or provider who displays an altered, defaced, or falsified license certificate is subject to the penalties set forth in s. 408.815 and an administrative fine of $1,000 for each day of illegal display.
History.—s. 5, ch. 2006-192; s. 24, ch. 2012-160.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832) › 408.805 - Fees required; adjustments.

408.805 Fees required; adjustments.—Unless otherwise limited by authorizing statutes, license fees must be reasonably calculated by the agency to cover its costs in carrying out its responsibilities under this part, authorizing statutes, and applicable rules, including the cost of licensure, inspection, and regulation of providers.
(1) Licensure fees shall be adjusted to provide for biennial licensure under agency rules.
(2) The agency shall annually adjust licensure fees, including fees paid per bed, by not more than the change in the Consumer Price Index based on the 12 months immediately preceding the increase.
(3) An inspection fee must be paid as required in authorizing statutes.
(4) Fees are nonrefundable.
(5) When a change is reported that requires issuance of a license, a fee may be assessed. The fee must be based on the actual cost of processing and issuing the license.
(6) A fee may be charged to a licensee requesting a duplicate license. The fee may not exceed the actual cost of duplication and postage.
(7) Total fees collected may not exceed the cost of administering this part, authorizing statutes, and applicable rules.
History.—s. 5, ch. 2006-192.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832) › 408.807 - Change of ownership.

408.807 Change of ownership.—Whenever a change of ownership occurs:
(1) The transferor shall notify the agency in writing at least 60 days before the anticipated date of the change of ownership.
(2) The transferee shall make application to the agency for a license within the timeframes required in s. 408.806.
(3) The transferor shall be responsible and liable for:
(a) The lawful operation of the provider and the welfare of the clients served until the date the transferee is licensed by the agency.
(b) Any and all penalties imposed against the transferor for violations occurring before the date of change of ownership.
(4) Any restriction on licensure, including a conditional license existing at the time of a change of ownership, shall remain in effect until the agency determines that the grounds for the restriction are corrected.
(5) The transferee shall maintain records of the transferor as required in this part, authorizing statutes, and applicable rules, including:
(a) All client records.
(b) Inspection reports.
(c) All records required to be maintained pursuant to s. 409.913, if applicable.
History.—s. 5, ch. 2006-192.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 408 - Health Care Administration › Part II - Health Care Licensing: General Provisions (Ss. 408.801-408.832) › 408.814 - Moratorium; emergency suspension.

408.814 Moratorium; emergency suspension.—
(1) The agency may impose an immediate moratorium or emergency suspension as defined in s. 120.60 on any provider if the agency determines that any condition related to the provider or licensee presents a threat to the health, safety, or welfare of a client.
(2) A provider or licensee, the license of which is denied or revoked, may be subject to immediate imposition of a moratorium or emergency suspension to run concurrently with licensure denial, revocation, or injunction.
(3) A moratorium or emergency suspension remains in effect after a change of ownership, unless the agency has determined that the conditions that created the moratorium, emergency suspension, or denial of licensure have been corrected.
(4) When a moratorium or emergency suspension is placed on a provider or licensee, notice of the action shall be posted and visible to the public at the location of the provider until the action is lifted.
History.—s. 5, ch. 2006-192.