Florida Statutes
Part I - Health Facility and Services Planning (Ss. 408.031-408.7071)
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.

Structure Florida Statutes

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.

408.032 - Definitions relating to Health Facility and Services Development Act.

408.033 - Local and state health planning.

408.034 - Duties and responsibilities of agency; rules.

408.035 - Review criteria.

408.036 - Projects subject to review; exemptions.

408.037 - Application content.

408.038 - Fees.

408.039 - Review process.

408.040 - Conditions and monitoring.

408.041 - Certificate of need required; penalties.

408.042 - Limitation on transfer.

408.043 - Special provisions.

408.044 - Injunction.

408.045 - Certificate of need; competitive sealed proposals.

408.0455 - Rules; pending proceedings.

408.05 - Florida Center for Health Information and Transparency.

408.051 - Florida Electronic Health Records Exchange Act.

408.0511 - Exemption from antitrust laws for persons or entities required to submit, receive, or publish data under ch. 2016-234.

408.0512 - Electronic health records system adoption loan program.

408.061 - Data collection; uniform systems of financial reporting; information relating to physician charges; confidential information; immunity.

408.0611 - Electronic prescribing clearinghouse.

408.062 - Research, analyses, studies, and reports.

408.063 - Dissemination of health care information.

408.064 - Direct care worker education and awareness.

408.07 - Definitions.

408.08 - Inspections and audits; violations; penalties; fines; enforcement.

408.09 - Assistance on cost containment strategies.

408.10 - Consumer complaints.

408.15 - Powers of the agency.

408.16 - Health Care Trust Fund; moneys to be deposited therein.

408.18 - Health Care Community Antitrust Guidance Act; antitrust no-action letter; market-information collection and education.

408.185 - Information submitted for review of antitrust issues; confidentiality.

408.20 - Assessments; Health Care Trust Fund.

408.301 - Legislative findings.

408.302 - Interagency agreement.

408.40 - Public Counsel.

408.50 - Prospective payment arrangements.

408.70 - Health care; managed competition; legislative findings and intent.

408.7057 - Statewide provider and health plan claim dispute resolution program.

408.7071 - Standardized claim form.