| 1 | A bill to be entitled |
| 2 | An act relating to inactive licenses and certificates of |
| 3 | need for health care providers; amending s. 408.040, F.S.; |
| 4 | extending the period for which a certificate of need is |
| 5 | valid; amending s. 408.808, F.S.; providing for renewal of |
| 6 | inactive license status for statutory rural hospitals |
| 7 | under certain circumstances; requiring plan approval and |
| 8 | commencement of construction under certain circumstances; |
| 9 | requiring certain proof of enforceable capital |
| 10 | expenditures under certain circumstances; providing an |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraph (a) of subsection (2) of section |
| 16 | 408.040, Florida Statutes, is amended to read: |
| 17 | 408.040 Conditions and monitoring.-- |
| 18 | (2)(a) Unless the applicant has commenced construction, if |
| 19 | the project provides for construction, unless the applicant has |
| 20 | incurred an enforceable capital expenditure commitment for a |
| 21 | project, if the project does not provide for construction, or |
| 22 | unless subject to paragraph (b), a certificate of need shall |
| 23 | terminate 3 years 18 months after the date of issuance. The |
| 24 | agency shall monitor the progress of the holder of the |
| 25 | certificate of need in meeting the timetable for project |
| 26 | development specified in the application, and may revoke the |
| 27 | certificate of need, if the holder of the certificate is not |
| 28 | meeting such timetable and is not making a good-faith effort, as |
| 29 | defined by rule, to meet it. |
| 30 | Section 2. Subsection (3) of section 408.808, Florida |
| 31 | Statutes, is amended to read: |
| 32 | 408.808 License categories.-- |
| 33 | (3) INACTIVE LICENSE.--An inactive license may be issued |
| 34 | to a health care provider subject to the certificate-of-need |
| 35 | provisions in part I of this chapter when the provider is |
| 36 | currently licensed, does not have a provisional license, and |
| 37 | will be temporarily unable to provide services but is reasonably |
| 38 | expected to resume services within 12 months. Such designation |
| 39 | may be made for a period not to exceed 12 months but may be |
| 40 | renewed by the agency for up to 12 additional months upon |
| 41 | demonstration by the licensee of the provider's progress toward |
| 42 | reopening. However, if after 20 months in an inactive license |
| 43 | status, a statutory rural hospital, as defined in s. 395.602, |
| 44 | has demonstrated progress toward reopening, but may not be able |
| 45 | to reopen prior to the inactive license expiration date, the |
| 46 | inactive designation may be renewed again by the agency for up |
| 47 | to 12 additional months. For purposes of such a second renewal, |
| 48 | if construction or renovation is required, the licensee must |
| 49 | have had plans approved by the agency and construction must have |
| 50 | already commenced pursuant to s. 408.032(4); however, if |
| 51 | construction or renovation is not required, the licensee must |
| 52 | provide proof of having made an enforceable capital expenditure |
| 53 | greater than 25 percent of the total costs associated with the |
| 54 | hiring of staff and the purchase of equipment and supplies |
| 55 | needed to operate the facility upon opening. A request by a |
| 56 | licensee for an inactive license or to extend the previously |
| 57 | approved inactive period must be submitted to the agency and |
| 58 | must include a written justification for the inactive license |
| 59 | with the beginning and ending dates of inactivity specified, a |
| 60 | plan for the transfer of any clients to other providers, and the |
| 61 | appropriate licensure fees. The agency may not accept a request |
| 62 | that is submitted after initiating closure, after any suspension |
| 63 | of service, or after notifying clients of closure or suspension |
| 64 | of service, unless the action is a result of a disaster at the |
| 65 | licensed premises. For the purposes of this section, the term |
| 66 | "disaster" means a sudden emergency occurrence beyond the |
| 67 | control of the licensee, whether natural, technological, or |
| 68 | manmade, which renders the provider inoperable at the premises. |
| 69 | Upon agency approval, the provider shall notify clients of any |
| 70 | necessary discharge or transfer as required by authorizing |
| 71 | statutes or applicable rules. The beginning of the inactive |
| 72 | license period is the date the provider ceases operations. The |
| 73 | end of the inactive license period shall become the license |
| 74 | expiration date. All licensure fees must be current, must be |
| 75 | paid in full, and may be prorated. Reactivation of an inactive |
| 76 | license requires the approval of a renewal application, |
| 77 | including payment of licensure fees and agency inspections |
| 78 | indicating compliance with all requirements of this part, |
| 79 | authorizing statutes, and applicable rules. |
| 80 | Section 3. This act shall take effect upon becoming a law. |