Fla. Admin. Code Ann. R. 59C-1.002 - Definitions
(1) "Applicant" means any individual,
partnership, corporation, or governmental entity which has filed an application
for a Certificate of Need with the Agency.
(2) "Application" means the forms supplied by
the Agency to an applicant which are to be completed in order to be eligible to
be considered for a Certificate of Need.
(3) "Audited financial statement" means all
pages of the financial statements of the applicant that have been examined by
an independent certified public accountant in accordance with generally
accepted auditing standards as set forth in Statements on Auditing Standards
published by the American Institute of Certified Public Accountants, on which
the certified public accountant expresses an opinion as to the fairness with
which the financial statements present financial position, results of
operations, and changes in financial position in conformity with generally
accepted accounting principles as established by the American Institute of
Certified Public Accountants and the Financial Accounting Standards
Board.
(4) "Batching Cycle" means
the grouping for comparative review of Certificate of Need applications
submitted for beds, services or programs having a like Certificate of Need need
methodology or licensing category in the same planning horizon and the same
applicable District or subdistrict.
(5) "By or on behalf of" means any action
taken directly or indirectly by a health care facility or health maintenance
organization which will result in any leasehold or ownership interest for the
health care facility or health maintenance organization.
(6) "Capital project" means a project,
whether subject to or not subject to Certificate of Need review, which involves
a capital expenditure as defined in Section
408.032(2),
F.S., and which the applicant has approved via authorization to execute. For
projects subject to Certificate of Need review, a capital project approved by
the applicant also means:
(a) A project
involving a capital expenditure for which a notice of intent to grant a
Certificate of Need has been issued; or
(b) A project involving a capital expenditure
for which a notice of intent to deny a Certificate of Need is in litigation, or
could still be litigated within any remaining part of the 21-day period
provided by Section 408.039(5)(a),
F.S.
(7) "Combination"
means the combination within one nursing home facility of the beds or services
authorized by two or more Certificates of Need issued in the same planning
subdistrict.
(8) "Community nursing
home beds" means nursing home beds, other than sheltered nursing home beds,
regulated under rule 59C-1.036, F.A.C.
(9) "Comparative hearing" means a single
hearing, conducted pursuant to Section
120.57, F.S. and Rule
59C-1.012, F.A.C., held to
review all pending applications in the same batching cycle and comparatively
reviewed by the Agency.
(10)
"Comparative review" means the process by which Certificate of Need
applications, submitted in the same batching cycle for beds or services for the
same planning area, as defined by applicable rules, are competitively evaluated
by the Agency through final Agency action for purposes of awarding a
Certificate of Need.
(11)
"Comprehensive Medical Rehabilitation Inpatient Beds" means beds designated for
the exclusive use for Comprehensive Medical Rehabilitation Inpatient Services
regulated under Rule 59C-1.039, F.A.C.
(12) "Conversion from one type of health care
facility to another" means the reclassification of one licensed facility type
to another licensed facility type, including reclassification from a general
acute care hospital to a specialty hospital.
(13) "Conversion of beds" means the
reclassification of licensed beds from one category to another, for facilities
licensed under Chapter 395, F.S., including conversion to or from acute care
beds, neonatal intensive care beds, hospital inpatient psychiatric beds,
comprehensive medical rehabilitation beds, hospital inpatient substance abuse
beds, distinct part skilled nursing facility beds, or beds in a long term care
hospital; and, for facilities licensed under Chapter 400, Part I, F.S.,
conversion to or from sheltered beds and community beds.
(14) "Division" means the division into two
or more nursing home facilities of beds or services authorized by one
Certificate of Need issued in the same planning subdistrict.
(15) "Existing health care facility" means a
licensed health care facility.
(16)
"Fixed Need Pool" means the identified numerical need, as published in the
Florida Administrative Register, for new beds or services for the applicable
planning horizon established by the Agency in accordance with need
methodologies which are in effect by rule at the time of publication of the
Fixed Need Pools for the applicable batching cycle.
(17) "Health care provider" means an
individual who delivers health services or who is a member of an organization
that delivers health services. Health care providers include but are not
limited to physicians, medical doctors, osteopaths, dentists, podiatrists,
nurses, chiropractors, physician assistants, dental assistants, mental health
professionals and other allied health professionals, administrators and
employees of health care institutions.
(18) "Health care purchaser" means an
individual who is responsible for or an authorized member of an organization or
Agency which is responsible for the purchase of health services for a group of
25 or more individuals either directly or through acquisition of health
insurance coverage. Health care purchasers as described above include, but are
not limited to representatives of individual businesses, employer coalitions,
governmental units, labor organizations, consumer groups and health
insurers.
(19) "Hospital inpatient
psychiatric beds" means beds designated for the exclusive use of hospital
inpatient psychiatric services regulated under Rule
59C-1.040, F.A.C.
(20) "Hospital inpatient substance abuse
beds" means beds designated for the exclusive use of Hospital Inpatient
Substance Abuse Services regulated under Rule
59C-1.041, F.A.C.
(21) "Identifiable portion" means a reduction
in the scope of a project proposed that does not involve a change in the type
of project.
(22) "Letter of Intent"
means a written communication respecting the development of a Certificate of
Need proposal, submitted to the Agency in accordance with the provisions in
Rule 59C-1.008, F.A.C. and Section
408.039(2),
F.S.
(23) "License" means the
granting of a privilege, by the Agency, to operate any facility, service or
Agency for which the Agency has regulatory responsibility and is evidenced by
the document titled "license" issued by the Agency pursuant to its statutory
authority.
(24) "Local Health
Council" means a public or private nonprofit health planning Agency established
consistent with Section
408.033, F.S., which serves the
counties of a District of the Agency as defined in Section
408.032(5),
F.S.
(25) "Nongovernmental health
care consumer" means an individual who is not a health care provider or a
health care purchaser as defined in subsections (17) and (18) of this section.
Nongovernmental health care consumers include but are not limited to elected
government officials, members of the general public and representatives of
consumer organizations.
(26)
"Nursing home" means a health care facility licensed under Chapter 400, Part I,
F.S.
(27) "Operate" means to have
the legal responsibility, pursuant to the appropriate licensure statute where
licensure is required, for the proper functioning of all aspects of a health
care facility or service.
(28)
"Shared service" means a health service which is operated by or on behalf of
two or more health care facilities or health care providers.
(29) "Shared service project" means the act
of two or more health care facilities or health care providers entering into an
arrangement to jointly offer an existing, approved or proposed health service
for a pre-determined period of time.
(30) "Sheltered nursing home beds" means
nursing home beds configured into a nursing home facility licensed pursuant to
Chapter 400, Part I, F.S., which are located within a continuing care
retirement community certified under Chapter 651, F.S., for which a Certificate
of Need has been issued as sheltered beds, and which are regulated under Rule
59C-1.037, F.A.C.
(31) "State Agency Action Report" means the
single written document prepared by the Agency after reviewing a Certificate of
Need application, or applications where more than one Certificate of Need
application is accepted by the Agency in the same batching cycle, which sets
forth the evaluation of the Agency with respect to the application or
applications.
(32) "Subdistricts"
mean a subdivision of a district designated by the local health council as
established under Rule
59C-2.200, F.A.C.
(33) "Termination of an inpatient health
service" means the cessation of a health service which currently requires a
Certificate of Need. It does not include the temporary cessation of a service
lasting 6 months or less.
(34)
"Transfer of a Certificate of Need" means the conveyance of a Certificate of
Need which has been issued and remains valid from one person to another
person.
(35) "Transfer costs" means
any expense actually incurred by the transferor. Costs incurred in implementing
the Certificate of Need subsequent to its award are project costs, not transfer
costs.
Notes
Rulemaking Authority 408.034(8), 408.15(8) FS. Law Implemented 408.033(1)(a), 408.036(1), (2), 408.037(1), 408.039(1), (2), 651.118 FS.
New 1-1-77, Joint Administrative Procedures Committee Objection Filed-See F.A.R. Volume 3, No. 10, March 11, 1977, Amended 11-1-77, 9-1-78, 6-5-79, 4-25-80, 2-1-81, 3-31-82, 7-29-82, 12-23-82, Formerly 10-5.02, Amended 11-24-86, 11-17-87, 12-5-90, 1-31-91, 1-1-92, Formerly 10-5.002, Amended 12-14-92, 2-27-94, 6-23-94, 10-18-95, 10-8-97, 12-12-00, Amendment resolved Joint Administrative Procedures Committee objection, 10-27-77, Florida Administrative Register Vol. 35, No. 27, July 10, 2009, Amended 10-17-19.
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