January 27, 2021
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The Florida Statutes

The 2004 Florida Statutes

Title XXIX
Chapter 400
View Entire Chapter
Section 400.606, Florida Statutes 2004

400.606  License; application; renewal; conditional license or permit; certificate of need.--

(1)  A license application must be filed on a form provided by the agency and must be accompanied by the appropriate license fee as well as satisfactory proof that the hospice is in compliance with this part and any rules adopted by the department and proof of financial ability to operate and conduct the hospice in accordance with the requirements of this part. The initial application must be accompanied by a plan for the delivery of home, residential, and homelike inpatient hospice services to terminally ill persons and their families. Such plan must contain, but need not be limited to:

(a)  The estimated average number of terminally ill persons to be served monthly.

(b)  The geographic area in which hospice services will be available.

(c)  A listing of services which are or will be provided, either directly by the applicant or through contractual arrangements with existing providers.

(d)  Provisions for the implementation of hospice home care within 3 months after licensure.

(e)  Provisions for the implementation of hospice homelike inpatient care within 12 months after licensure.

(f)  The number and disciplines of professional staff to be employed.

(g)  The name and qualifications of any existing or potential contractee.

(h)  A plan for attracting and training volunteers.

(i)  The projected annual operating cost of the hospice.

(j)  A statement of financial resources and personnel available to the applicant to deliver hospice care.

If the applicant is an existing health care provider, the application must be accompanied by a copy of the most recent profit-loss statement and, if applicable, the most recent licensure inspection report.

(2)  Each applicant must submit to the agency with its application a description and explanation of any exclusions, permanent suspensions, or terminations from the Medicaid or Medicare programs of the owner, if an individual; of any officer or board member of the hospice, if the owner is a firm, corporation, partnership, or association; or of any person owning 5 percent or more of the hospice. Proof of compliance with disclosure of ownership and control interest requirements of the Medicaid or Medicare programs may be accepted in lieu of this submission.

(3)  A license issued for the operation of a hospice, unless sooner suspended or revoked, shall expire automatically 1 year from the date of issuance. Sixty days prior to the expiration date, a hospice wishing to renew its license shall submit an application for renewal to the agency on forms furnished by the agency. The agency shall renew the license if the applicant has first met the requirements established under this part and all applicable rules and has provided the information described under this section in addition to the application. However, the application for license renewal shall be accompanied by an update of the plan for delivery of hospice care only if information contained in the plan submitted pursuant to subsection (1) is no longer applicable.

(4)  A hospice against which a revocation or suspension proceeding is pending at the time of license renewal may be issued a conditional license by the agency effective until final disposition of such proceeding. If judicial relief is sought from the final agency action, the court having jurisdiction may issue a conditional permit for the duration of the judicial proceeding.

(5)  The agency shall not issue a license to a hospice that fails to receive a certificate of need under the provisions of ss. 408.031-408.045. A licensed hospice is a health care facility as that term is used in s. 408.039(5) and is entitled to initiate or intervene in an administrative hearing.

(6)  A freestanding hospice facility that is primarily engaged in providing inpatient and related services and that is not otherwise licensed as a health care facility shall be required to obtain a certificate of need. However, a freestanding hospice facility with six or fewer beds shall not be required to comply with institutional standards such as, but not limited to, standards requiring sprinkler systems, emergency electrical systems, or special lavatory devices.

History.--s. 6, ch. 79-186; s. 5, ch. 81-271; s. 2, ch. 81-318; ss. 70, 79, 83, ch. 83-181; s. 47, ch. 87-92; ss. 5, 14, ch. 93-179; s. 60, ch. 95-418; s. 54, ch. 98-171.

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