(1) General
Provisions. The Agency, with the assistance of the local health councils, shall
monitor the Certificate of Need holder's progress in meeting the approved
timetable for project development. In addition, the Agency shall monitor the
holder's compliance with conditions as specified on the Certificate of Need. A
condition is defined as a specific requirement expressed on the face of a
Certificate of Need under the heading "conditions".
(2) Project Status Reports.
(a) The Agency shall require the Certificate
of Need holder to provide periodic status reports regarding progress in meeting
the timetable. The timetable submitted with the application or otherwise
modified by agreement between the Certificate of Need holder and the Agency is
binding for the following steps:
1. Commence
construction;
2. Construction
completed;
3. Survey for
certificate of occupancy;
4.
Licensure of project; and,
5.
Facility in use.
Prior to commencing construction, the Certificate of Need
holder will submit a revised project timetable, if necessary, which specifies
the month, day, and year for completion of each of the five steps identified
above.
(b) The
status reports shall be submitted on AHCA Form CON-2, Revised July 1997, and
incorporated by reference herein. A copy of Form CON-2 may be obtained from:
Agency for Health Care Administration
Certificate of Need
2727 Mahan Drive, Mail Stop #28
Tallahassee, FL 32308
(c) A status report covering the first 15
months from the date of issuance of a Certificate of Need shall be received by
the Agency no later than 14 calendar days after the end of the reporting
period.
(3) Reporting
Requirements Subsequent to Licensure or Commencement of Services. All holders
of a Certificate of Need that was issued predicated upon conditions expressed
on the face of the Certificate of Need shall provide annual compliance reports
to the Agency. The reporting period shall be January 1 through December 31 of
each year. The holder of a Certificate of Need who began operation after
January 1 will report from the date operation began through December 31. The
compliance report shall be submitted no later than April 1 of the subsequent
year.
(a) The compliance report will contain
information necessary for an assessment of compliance with conditions on the
Certificate of Need, utilizing measures, such as a percentage of patient days,
that are consistent with the stated condition. The following information shall
be provided in the holder's annual compliance report:
1. The time period covered by the
measures;
2. The measure for
assessing compliance with each of the conditions identified and described on
the face of the Certificate of Need;
3. The way in which the conditions were
evaluated by applying the measures;
4. The data sources used to generate
information about the conditions that were measured;
5. The person and position responsible for
supplying the compliance report;
6.
Any other information necessary for the Agency to determine compliance with
conditions; and,
7. If applicable,
the reason or reasons, with supporting data, why the Certificate of Need holder
was unable to meet the conditions set forth on the face of the Certificate of
Need.
(b) A change in the
licensee for a facility or service does not affect the obligation for that
facility or service to continue to meet conditions imposed on a Certificate of
Need and to provide annual condition compliance reports.
(c) Conditions imposed on a Certificate of
Need may be modified consistent with Rule
59C-1.019,
F.A.C.
(4) Violation of
Certificate of Need Conditions. Health care providers found by the Agency to be
in noncompliance with conditions set forth in their Certificate of Need shall
be fined as defined in Rule
59C-1.021,
F.A.C.
Notes
Fla. Admin.
Code Ann. R. 59C-1.013
Rulemaking Authority 408.034(8), 408.15(8) FS. Law
Implemented 408.040(1), (2) FS.
New 1-1-77, Amended
11-1-77, 9-1-78, 6-5-79, 2-1-81, 3-31-82, Formerly 10-5.13, Amended 11-24-86,
7-25-89, Formerly 10-5.013, Amended 10-18-95, 11-4-97, 12-12-00,
4-21-10.
New 1-1-77, Amended 11-1-77, 9-1-78, 6-5-79, 2-1-81,
3-31-82, Formerly 10-5.13, Amended 11-24-86, 7-25-89, Formerly 10-5.013,
Amended 10-18-95, 11-4-97, 12-12-00,
4-21-10.
