| 1 | A bill to be entitled |
| 2 | An act relating to licensure of health care providers; |
| 3 | amending s. 408.808, F.S.; providing for renewal of |
| 4 | inactive license status for statutory rural hospitals |
| 5 | under certain circumstances; requiring plan approval and |
| 6 | commencement of construction under certain circumstances; |
| 7 | requiring certain proof of enforceable capital |
| 8 | expenditures under certain circumstances; providing an |
| 9 | effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (3) of section 408.808, Florida |
| 14 | Statutes, is amended to read: |
| 15 | 408.808 License categories.-- |
| 16 | (3) INACTIVE LICENSE.--An inactive license may be issued |
| 17 | to a health care provider subject to the certificate-of-need |
| 18 | provisions in part I of this chapter when the provider is |
| 19 | currently licensed, does not have a provisional license, and |
| 20 | will be temporarily unable to provide services but is reasonably |
| 21 | expected to resume services within 12 months. Such designation |
| 22 | may be made for a period not to exceed 12 months but may be |
| 23 | renewed by the agency for up to 12 additional months upon |
| 24 | demonstration by the licensee of the provider's progress toward |
| 25 | reopening. However, if after 20 months in an inactive license |
| 26 | status, a statutory rural hospital, as defined in s. 395.602, |
| 27 | has demonstrated progress toward reopening, but may not be able |
| 28 | to reopen prior to the inactive license expiration date, the |
| 29 | inactive designation may be renewed again by the agency for up |
| 30 | to 12 additional months. If construction or renovation is |
| 31 | required, the licensee's plans must have been approved by the |
| 32 | agency and construction must have commenced pursuant to s. |
| 33 | 408.032(4). Where construction or renovation are not required, |
| 34 | the licensee must provide proof of having made an enforceable |
| 35 | capital expenditure of greater than 25 percent of the total |
| 36 | costs associated with the hiring of staff and the purchasing of |
| 37 | equipment and supplies needed to operate the facility upon |
| 38 | opening. A request by a licensee for an inactive license or to |
| 39 | extend the previously approved inactive period must be submitted |
| 40 | to the agency and must include a written justification for the |
| 41 | inactive license with the beginning and ending dates of |
| 42 | inactivity specified, a plan for the transfer of any clients to |
| 43 | other providers, and the appropriate licensure fees. The agency |
| 44 | may not accept a request that is submitted after initiating |
| 45 | closure, after any suspension of service, or after notifying |
| 46 | clients of closure or suspension of service, unless the action |
| 47 | is a result of a disaster at the licensed premises. For the |
| 48 | purposes of this section, the term "disaster" means a sudden |
| 49 | emergency occurrence beyond the control of the licensee, whether |
| 50 | natural, technological, or manmade, which renders the provider |
| 51 | inoperable at the premises. Upon agency approval, the provider |
| 52 | shall notify clients of any necessary discharge or transfer as |
| 53 | required by authorizing statutes or applicable rules. The |
| 54 | beginning of the inactive license period is the date the |
| 55 | provider ceases operations. The end of the inactive license |
| 56 | period shall become the license expiration date. All licensure |
| 57 | fees must be current, must be paid in full, and may be prorated. |
| 58 | Reactivation of an inactive license requires the approval of a |
| 59 | renewal application, including payment of licensure fees and |
| 60 | agency inspections indicating compliance with all requirements |
| 61 | of this part, authorizing statutes, and applicable rules. |
| 62 | Section 2. This act shall take effect upon becoming a law. |