Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59C - Certificate of Need › Chapter 59C-1 - PROCEDURES FOR THE ADMINISTRATION OF SECTIONS 408.031-408.045, FLORIDA STATUTES, HEALTH FACILITY AND SERVICES DEVELOPMENT ACT › Section 59C-1.0085 - Project Specific Certificate of Need Application Procedures for Transfer of a Certificate of Need

Current through Reg. 50, No. 138; July 16, 2024
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.
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, 8-8-21.