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-1.0355 - Hospice Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) Agency Intent.
				This rule implements the provisions of Sections
				408.034(3),
				408.036(1)(d)
				and 408.043(1),
				F.S. It is the intent of the Agency to ensure the availability of Hospice
				programs as defined in this rule to all persons requesting and eligible for
				Hospice services, regardless of ability to pay. This rule regulates the
				establishment of new Hospice programs and the construction of freestanding
				inpatient Hospice facilities as defined in this rule. A separate Certificate of
				Need application shall be submitted for each service area defined in this
				rule.
(2) Definitions.
(a) "Agency." The Agency for Health Care
				Administration.
(b) "Approved
				Hospice Program." A Hospice program for which the Agency has issued an intent
				to grant a Certificate of Need, or has issued a Certificate of Need, and that
				is not yet licensed as of 3 weeks prior to publication of the Fixed Need
				Pool.
(c) "Contractual
				Arrangement." An arrangement for contractual services, as described in Section
				400.6085, F.S.
(d) "Fixed Need Pool." The Fixed Need Pool
				defined in subsection
				59C-1.002(16),
				F.A.C. The Agency shall publish a Fixed Need Pool for Hospice programs twice a
				year.
(e) "Freestanding Inpatient
				Hospice Facility." For purposes of this rule, a facility that houses inpatient
				beds licensed exclusively to the Hospice program but does not house any
				inpatient beds licensed to a hospital or nursing home.
(f) "Hospice Program." A program described in
				Sections 400.601(3),
				400.602(1),
				400.609 and
				400.6095(1),
				F.S., that provides a continuum of palliative and supportive care for the
				terminally ill patient and his family. Hospice services must be available 24
				hours a day, 7 days a week, and must be available to all terminally ill persons
				and their families without regard to age, gender, national origin, sexual
				orientation, disability, diagnosis, cost of therapy, ability to pay, or life
				circumstances.
(g) "Inpatient Bed."
				Inpatient beds located in a freestanding inpatient Hospice facility, a
				hospital, or a nursing home and available for Hospice inpatient care.
(h) "Local Health Council." The council
				referenced in Section
				408.033(1),
				F.S.
(i) "Planning Horizon." The
				date by which a proposed new Hospice program is expected to be licensed. For
				purposes of this rule, the planning horizon for applications submitted between
				January 1 and June 30 is July 1 of the year 1 year subsequent to the year the
				application is submitted; the planning horizon for applications submitted
				between July 1 and December 31 is January 1 of the year 2 years subsequent to
				the year the application is submitted.
(j) "Residential Facility." For purposes of
				this rule, a facility operated by a licensed Hospice program to provide a
				residence for Hospice patients, as defined in Section
				400.601(5),
				F.S. A residential facility is not subject to regulation under this rule.
				Provided, however, that a proposal to convert such a residence to a
				freestanding inpatient Hospice facility is subject to regulation under this
				rule.
(k) "Service Area." The
				geographic area consisting of a specified county or counties, as follows:
1. Service Area 1 consists of Escambia,
				Okaloosa, Santa Rosa, and Walton Counties.
2. Service Area 2A consists of Bay, Calhoun,
				Gulf, Holmes, Jackson, and Washington Counties.
3. Service Area 2B consists of Franklin,
				Gadsden, Jefferson, Leon, Liberty, Madison, Taylor, and Wakulla
				Counties.
4. Service Area 3A
				consists of Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette,
				Levy, Putnam, Suwannee, and Union Counties.
5. Service Area 3B consists of Marion
				County.
6. Service Area 3C consists
				of Citrus County.
7. Service Area
				3D consists of Hernando County.
8.
				Service Area 3E consists of Lake and Sumter Counties.
9. Service Area 4A consists of Baker, Clay,
				Duval, Nassau, and St. Johns Counties.
10. Service Area 4B consists of Flagler and
				Volusia Counties.
11. Service Area
				5A consists of Pasco County.
12.
				Service Area 5B consists of Pinellas County.
13. Service Area 6A consists of Hillsborough
				County.
14. Service Area 6B
				consists of Hardee, Highlands, and Polk Counties.
15. Service Area 6C consists of Manatee
				County.
16. Service Area 7A
				consists of Brevard County.
17.
				Service Area 7B consists of Orange and Osceola Counties.
18. Service Area 7C consists of Seminole
				County.
19. Service Area 8A
				consists of Charlotte and DeSoto Counties.
20. Service Area 8B consists of Collier
				County.
21. Service Area 8C
				consists of Glades, Hendry and Lee Counties.
22. Service Area 8D consists of Sarasota
				County.
23. Service Area 9A
				consists of Indian River County.
24. Service Area 9B consists of Martin,
				Okeechobee, and St. Lucie Counties.
25. Service Area 9C consists of Palm Beach
				County.
26. Service Area 10
				consists of Broward County.
27.
				Service Area 11 consists of Dade and Monroe Counties.
(l) "Terminally Ill." As defined in section
				400.601(10),
				F.S., terminally ill refers to a medical prognosis that a patient's life
				expectancy is 1 year or less if the illness runs its normal
				course.