Florida Senate - 2015                                     SB 190
       
       
        
       By Senator Bean
       
       
       
       
       
       4-00307-15                                             2015190__
    1                        A bill to be entitled                      
    2         An act relating to hospices; amending s. 408.043,
    3         F.S.; requiring the Agency for Health Care
    4         Administration to assume the need for an additional
    5         hospice provider in certain hospice service areas;
    6         providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (2) of section 408.043, Florida
   11  Statutes, is amended to read:
   12         408.043 Special provisions.—
   13         (2) HOSPICES.—When an application is made for a certificate
   14  of need to establish or to expand a hospice, the need for such
   15  hospice shall be determined on the basis of the need for and
   16  availability of hospice services in the community. The formula
   17  on which the certificate of need is based shall discourage
   18  regional monopolies and promote competition. If an agency
   19  designated hospice service area has only one hospice provider
   20  that is licensed or that has been issued a certificate of need,
   21  the agency shall assume that there is a need for an additional
   22  hospice provider in that service area to promote competition.
   23  The inpatient hospice care component of a hospice which is a
   24  freestanding facility, or a part of a facility, which is
   25  primarily engaged in providing inpatient care and related
   26  services and is not licensed as a health care facility shall
   27  also be required to obtain a certificate of need. Provision of
   28  hospice care by any current provider of health care is a
   29  significant change in service and therefore requires a
   30  certificate of need for such services.
   31         Section 2. This act shall take effect July 1, 2015.