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.
Notes
Fla. Admin.
Code Ann. R. 59C-1.0085
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, Amended by
Florida
Register Volume 47, Number 144, July 27, 2021 effective
8/8/2021.
New 1-31-91, Formerly 10-5.0085, Amended 10-18-95, 10-8-97,
12-12-00, 7-19-05, 8-8-21.
