Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1482
                                Barcode 206088                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Hays) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 408.036, Florida
    6  Statutes, is amended to read:
    7         408.036 Projects subject to review; exemptions.—
    8         (2) PROJECTS SUBJECT TO EXPEDITED REVIEW.—Unless exempt
    9  pursuant to subsection (3), projects subject to an expedited
   10  review shall include, but not be limited to:
   11         (a) A transfer of a certificate of need, except that when
   12  an existing hospital is acquired by a purchaser, all
   13  certificates of need issued to the hospital which are not yet
   14  operational shall be acquired by the purchaser, without need for
   15  a transfer.
   16         (b) Replacement of a nursing home within the same district,
   17  if the proposed project site is located within a geographic area
   18  that contains at least 65 percent of the facility’s current
   19  residents and is within a 30-mile radius of the replaced nursing
   20  home.
   21         (c) Relocation of a portion of a nursing home’s licensed
   22  beds to a facility within the same district, if the relocation
   23  is within a 30-mile radius of the existing facility and the
   24  total number of nursing home beds in the district does not
   25  increase.
   26         (d) The new construction of a community nursing home in a
   27  retirement community as further provided in this paragraph.
   28         1. Expedited review under this paragraph is available if
   29  all of the following criteria are met:
   30         a. The residential use area of the retirement community is
   31  deed-restricted as housing for older persons as defined in s.
   32  760.29(4)(b).
   33         b. The retirement community is located in a county in which
   34  25 percent or more of the population is age 65 years and older.
   35         c. The retirement community is located in a county that has
   36  a rate of no more than 16.1 beds per 1,000 persons age 65 years
   37  or older. The rate shall be determined by using the current
   38  number of licensed and approved community nursing home beds in
   39  the county per the agency’s most recent published inventory.
   40         d. The retirement community has a population of at least
   41  8,000 residents within the county, based on a population data
   42  source accepted by the agency.
   43         e. The number of proposed community nursing home beds in
   44  the application does not exceed the projected bed need after
   45  applying the rate of 16.1 beds per 1,000 persons age 65 years
   46  and older projected for the county 3 years into the future using
   47  the estimates adopted by the agency, after subtracting the
   48  inventory of licensed and approved community nursing home beds
   49  in the county per the agency’s most recent published inventory.
   50         2. No more than 120 community nursing home beds may be
   51  approved for a qualified retirement community under each request
   52  for application for expedited review. Subsequent requests for
   53  expedited review under this process may not be made until 2
   54  years after construction of the facility has commenced or 1 year
   55  after the beds approved through the initial request are
   56  licensed, whichever occurs first.
   57         3. The total number of community nursing home beds which
   58  may be approved for any single deed-restricted community
   59  pursuant to this paragraph may not exceed 240, regardless of
   60  whether the retirement community is located in more than one
   61  qualifying county.
   62         4. Each nursing home facility approved under this paragraph
   63  must be dually certified for participation in the Medicare and
   64  Medicaid programs.
   65         5. Each nursing home facility approved under this paragraph
   66  must be at least 1 mile from an existing approved and licensed
   67  community nursing home, measured over publicly owned roadways.
   68         6. Section 408.0435 does not apply to this paragraph.
   69         7. A retirement community requesting expedited review under
   70  this paragraph shall submit a written request to the agency for
   71  an expedited review in accordance with the agency’s applicable
   72  rules. The request must include the number of beds to be added
   73  and provide evidence of compliance with the criteria specified
   74  in subparagraph 1.
   75         8. After verifying that the retirement community meets the
   76  criteria for expedited review specified in subparagraph 1., the
   77  agency shall publicly notice in the Florida Administrative
   78  Register that a request for an expedited review has been
   79  submitted by a qualifying retirement community and that the
   80  qualifying retirement community intends to make land available
   81  for the construction and operation of a community nursing home.
   82  The agency’s notice must identify where potential applicants can
   83  obtain information describing the sales price of, or the terms
   84  of the land lease for, the property on which the project will be
   85  located and the requirements established by the retirement
   86  community for the project, including, but not limited to,
   87  patient care and architectural standards, and qualifications for
   88  financing and operations. The agency notice must also specify
   89  the deadline for submission of any certificate-of-need
   90  application, which may not be earlier than the 91st day and not
   91  be later than the 125th day after the date the notice appears in
   92  the Florida Administrative Register.
   93         9. The qualified retirement community shall make land
   94  available to applicants that meet the requirements established
   95  by the retirement community for the project.
   96         a. A certificate-of-need application submitted pursuant to
   97  this paragraph must identify the intended site for the project
   98  within the retirement community and the anticipated cost of the
   99  project based on that site. The application must also include
  100  written evidence that the retirement community has determined
  101  that the provider submitting the application and the project
  102  proposed by that provider satisfies all requirements for the
  103  project.
  104         b. The retirement community’s determination that more than
  105  one provider satisfies all requirements for the project does not
  106  preclude the retirement community from notifying the agency of
  107  the provider it prefers.
  109  The agency shall develop rules to implement the provisions for
  110  expedited review, including time schedule, application content
  111  which may be reduced from the full requirements of s.
  112  408.037(1), and application processing.
  113         Section 2. This act shall take effect upon becoming a law.
  115  ================= T I T L E  A M E N D M E N T ================
  116         And the title is amended as follows:
  117         Delete everything before the enacting clause
  118  and insert:
  119                        A bill to be entitled                      
  120         An act relating to community nursing homes; providing
  121         the criteria and procedure for expedited review of
  122         applications for a certificate of need for the
  123         construction of a community nursing home in a
  124         retirement community; providing an effective date.