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2004 Florida Statutes

Licensure; issuance, renewal, denial, modification, suspension, and revocation.
Section 395.003, Florida Statutes 2004

395.003  Licensure; issuance, renewal, denial, modification, suspension, and revocation.--

(1)(a)  A person may not establish, conduct, or maintain a hospital, ambulatory surgical center, or mobile surgical facility in this state without first obtaining a license under this part.

(b)1.  It is unlawful for a person to use or advertise to the public, in any way or by any medium whatsoever, any facility as a "hospital," "ambulatory surgical center," or "mobile surgical facility" unless such facility has first secured a license under the provisions of this part.

2.  This part does not apply to veterinary hospitals or to commercial business establishments using the word "hospital," "ambulatory surgical center," or "mobile surgical facility" as a part of a trade name if no treatment of human beings is performed on the premises of such establishments.

3.  By December 31, 2004, the agency shall submit a report to the President of the Senate and the Speaker of the House of Representatives recommending whether it is in the public interest to allow a hospital to license or operate an emergency department located off the premises of the hospital. If the agency finds it to be in the public interest, the report shall also recommend licensure criteria for such medical facilities, including criteria related to quality of care and, if deemed necessary, the elimination of the possibility of confusion related to the service capabilities of such facility in comparison to the service capabilities of an emergency department located on the premises of the hospital. Until July 1, 2005, additional emergency departments located off the premises of licensed hospitals may not be authorized by the agency.

(2)(a)  Upon the receipt of an application for a license and the license fee, the agency shall issue a license if the applicant and facility have received all approvals required by law and meet the requirements established under this part and in rules. Such license shall include all beds and services located on the premises of the facility.

(b)  A provisional license may be issued to a new facility or a facility that is in substantial compliance with this part and with the rules of the agency. A provisional license shall be granted for a period of no more than 1 year and shall expire automatically at the end of its term. A provisional license may not be renewed.

(c)  A license, unless sooner suspended or revoked, shall automatically expire 2 years from the date of issuance and shall be renewable biennially upon application for renewal and payment of the fee prescribed by s. 395.004(2), provided the applicant and licensed facility meet the requirements established under this part and in rules. An application for renewal of a license shall be made 90 days prior to expiration of the license, on forms provided by the agency.

(d)  The agency shall, at the request of a licensee, issue a single license to a licensee for facilities located on separate premises. Such a license shall specifically state the location of the facilities, the services, and the licensed beds available on each separate premises. If a licensee requests a single license, the licensee shall designate which facility or office is responsible for receipt of information, payment of fees, service of process, and all other activities necessary for the agency to carry out the provisions of this part.

(e)  The agency shall, at the request of a licensee that is a teaching hospital as defined in s. 408.07(44), issue a single license to a licensee for facilities that have been previously licensed as separate premises, provided such separately licensed facilities, taken together, constitute the same premises as defined in s. 395.002(24). Such license for the single premises shall include all of the beds, services, and programs that were previously included on the licenses for the separate premises. The granting of a single license under this paragraph shall not in any manner reduce the number of beds, services, or programs operated by the licensee.

(f)  Intensive residential treatment programs for children and adolescents which have received accreditation from the Joint Commission on Accreditation of Healthcare Organizations and which meet the minimum standards developed by rule of the agency for such programs shall be licensed by the agency under this part.

(3)(a)  Each license shall be valid only for the person to whom it is issued and shall not be sold, assigned, or otherwise transferred, voluntarily or involuntarily. A license is only valid for the premises for which it was originally issued.

(b)1.  An application for a new license is required if ownership, a majority of the ownership, or controlling interest of a licensed facility is transferred or assigned and when a lessee agrees to undertake or provide services to the extent that legal liability for operation of the facility rests with the lessee. The application for a new license showing such change shall be made at least 60 days prior to the date of the sale, transfer, assignment, or lease.

2.  The transferee shall be liable for any liability to the state, regardless of when identified, resulting from changes to allowable costs affecting provider reimbursement for Medicaid participation or Public Medical Assistance Trust Fund Assessments, and related administrative fines. The transferee, simultaneously with the transfer of ownership, shall pay or make arrangements to pay to the agency or the department any amount owed to the agency or the department; payment assurances may be in the form of an irrevocable credit instrument or payment bond acceptable to the agency or the department provided by or on behalf of the transferor. The issuance of a license to the transferee shall be delayed pending payment or until arrangement for payment acceptable to the agency or the department is made.

(4)  The agency shall issue a license which specifies the service categories and the number of hospital beds in each bed category for which a license is received. Such information shall be listed on the face of the license. All beds which are not covered by any specialty-bed-need methodology shall be specified as general beds. A licensed facility shall not operate a number of hospital beds greater than the number indicated by the agency on the face of the license without approval from the agency under conditions established by rule.

(5)(a)  Adherence to patient rights, standards of care, and examination and placement procedures provided under part I of chapter 394 shall be a condition of licensure for hospitals providing voluntary or involuntary medical or psychiatric observation, evaluation, diagnosis, or treatment.

(b)  Any hospital that provides psychiatric treatment to persons under 18 years of age who have emotional disturbances shall comply with the procedures pertaining to the rights of patients prescribed in part I of chapter 394.

(6)  No specialty hospital shall provide any service or regularly serve any population group beyond those services or groups specified in its license.

(7)  Licenses shall be posted in a conspicuous place on each of the licensed premises.

(8)  Whenever the agency finds that there has been a substantial failure to comply with the requirements established under this part or in rules, the agency is authorized to deny, modify, suspend, or revoke:

(a)  A license;

(b)  That part of a license which is limited to a separate premises, as designated on the license; or

(c)  Licensure approval limited to a facility, building, or portion thereof, or a service, within a given premises.

(9)  A hospital may not be licensed or relicensed if:

(a)  The diagnosis-related groups for 65 percent or more of the discharges from the hospital, in the most recent year for which data is available to the Agency for Health Care Administration pursuant to s. 408.061, are for diagnosis, care, and treatment of patients who have:

1.  Cardiac-related diseases and disorders classified as diagnosis-related groups 103-145, 478-479, 514-518, or 525-527;

2.  Orthopedic-related diseases and disorders classified as diagnosis-related groups 209-256, 471, 491, 496-503, or 519-520;

3.  Cancer-related diseases and disorders classified as diagnosis-related groups 64, 82, 172, 173, 199, 200, 203, 257-260, 274, 275, 303, 306, 307, 318, 319, 338, 344, 346, 347, 363, 366, 367, 400-414, 473, or 492; or

4.  Any combination of the above discharges.

(b)  The hospital restricts its medical and surgical services to primarily or exclusively cardiac, orthopedic, surgical, or oncology specialties.

(10)  A hospital licensed as of June 1, 2004, shall be exempt from subsection (9) as long as the hospital maintains the same ownership, facility street address, and range of services that were in existence on June 1, 2004. Any transfer of beds, or other agreements that result in the establishment of a hospital or hospital services within the intent of this section, shall be subject to subsection (9). Unless the hospital is otherwise exempt under subsection (9), the agency shall deny or revoke the license of a hospital that violates any of the criteria set forth in that subsection.

(11)  The agency may adopt rules implementing the licensure requirements set forth in subsection (9). Within 14 days after rendering its decision on a license application or revocation, the agency shall publish its proposed decision in the Florida Administrative Weekly. Within 21 days after publication of the agency's decision, any authorized person may file a request for an administrative hearing. In administrative proceedings challenging the approval, denial, or revocation of a license pursuant to subsection (9), the hearing must be based on the facts and law existing at the time of the agency's proposed agency action. Existing hospitals may initiate or intervene in an administrative hearing to approve, deny, or revoke licensure under subsection (9) based upon a showing that an established program will be substantially affected by the issuance or renewal of a license to a hospital within the same district or service area.

History.--ss. 26, 30, ch. 82-182; s. 47, ch. 83-218; s. 4, ch. 83-244; ss. 34, 40, ch. 87-92; ss. 4, 98, ch. 92-289; s. 29, ch. 96-169; s. 3, ch. 98-303; s. 5, ch. 2002-400; s. 23, ch. 2004-350; s. 1, ch. 2004-383.