The Florida Senate

408.034  Duties and responsibilities of department; rules.--

(1)  The department is designated as the single state agency to issue, revoke, or deny certificates of need and to issue, revoke, or deny exemptions from certificate-of-need review in accordance with the district plans, the statewide health plan, and present and future federal and state statutes. The department is designated as the state health planning agency for purposes of federal law.

(2)  In the exercise of its authority to issue licenses to health care facilities and health service providers, as provided under chapters 393, 395, and ¹parts I and V of chapter 400, the department shall not issue a license to any health care facility, health service provider, hospice, or part of a health care facility which fails to receive a certificate of need for the licensed facility or service.

(3)  The department shall establish, by rule, uniform need methodologies for health services and health facilities. In developing uniform need methodologies, the department shall, at a minimum, consider the demographic characteristics of the population, the health status of the population, service use patterns, standards and trends, geographic accessibility, and market economics.

(4)  The department shall establish by rule a nursing home bed need methodology which reduces the community nursing home bed need for the areas of the state where the department establishes pilot community diversion programs through the Title XIX aging waiver program.

(5)  The department may adopt rules necessary to implement ss. 408.031-408.045.

History.--s. 21, ch. 87-92; s. 8, ch. 89-354; s. 1, ch. 91-263; s. 15, ch. 92-33; s. 18, ch. 93-214; s. 10, ch. 95-144.

¹Note.--The references to parts I and V of ch. 400 may be erroneous; the parts in ch. 400 have been redesignated incident to the compilation of ch. 93-177.

Note.--Former s. 381.704.