CS/HB 873

1
A bill to be entitled
2An act relating to licensure of health care providers;
3amending s. 408.808, F.S.; providing for renewal of
4inactive license status for statutory rural hospitals
5under certain circumstances; requiring plan approval and
6commencement of construction under certain circumstances;
7requiring certain proof of enforceable capital
8expenditures under certain circumstances; providing an
9effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (3) of section 408.808, Florida
14Statutes, is amended to read:
15     408.808  License categories.--
16     (3)  INACTIVE LICENSE.--An inactive license may be issued
17to a health care provider subject to the certificate-of-need
18provisions in part I of this chapter when the provider is
19currently licensed, does not have a provisional license, and
20will be temporarily unable to provide services but is reasonably
21expected to resume services within 12 months. Such designation
22may be made for a period not to exceed 12 months but may be
23renewed by the agency for up to 12 additional months upon
24demonstration by the licensee of the provider's progress toward
25reopening. However, if after 20 months in an inactive license
26status, a statutory rural hospital, as defined in s. 395.602,
27has demonstrated progress toward reopening, but may not be able
28to reopen prior to the inactive license expiration date, the
29inactive designation may be renewed again by the agency for up
30to 12 additional months. If construction or renovation is
31required, the licensee's plans must have been approved by the
32agency and construction must have commenced pursuant to s.
33408.032(4). Where construction or renovation are not required,
34the licensee must provide proof of having made an enforceable
35capital expenditure of greater than 25 percent of the total
36costs associated with the hiring of staff and the purchasing of
37equipment and supplies needed to operate the facility upon
38opening. A request by a licensee for an inactive license or to
39extend the previously approved inactive period must be submitted
40to the agency and must include a written justification for the
41inactive license with the beginning and ending dates of
42inactivity specified, a plan for the transfer of any clients to
43other providers, and the appropriate licensure fees. The agency
44may not accept a request that is submitted after initiating
45closure, after any suspension of service, or after notifying
46clients of closure or suspension of service, unless the action
47is a result of a disaster at the licensed premises. For the
48purposes of this section, the term "disaster" means a sudden
49emergency occurrence beyond the control of the licensee, whether
50natural, technological, or manmade, which renders the provider
51inoperable at the premises. Upon agency approval, the provider
52shall notify clients of any necessary discharge or transfer as
53required by authorizing statutes or applicable rules. The
54beginning of the inactive license period is the date the
55provider ceases operations. The end of the inactive license
56period shall become the license expiration date. All licensure
57fees must be current, must be paid in full, and may be prorated.
58Reactivation of an inactive license requires the approval of a
59renewal application, including payment of licensure fees and
60agency inspections indicating compliance with all requirements
61of this part, authorizing statutes, and applicable rules.
62     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.