January 20, 2021
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The Florida Statutes

The 2004 Florida Statutes

Title XXIX
Chapter 408
View Entire Chapter
Section 408.043, Florida Statutes 2004

408.043  Special provisions.--

(1)  OSTEOPATHIC ACUTE CARE HOSPITALS.--When an application is made for a certificate of need to construct or to expand an osteopathic acute care hospital, the need for such hospital shall be determined on the basis of the need for and availability of osteopathic services and osteopathic acute care hospitals in the district. When a prior certificate of need to establish an osteopathic acute care hospital has been issued in a district, and the facility is no longer used for that purpose, the agency may continue to count such facility and beds as an existing osteopathic facility in any subsequent application for construction of an osteopathic acute care hospital.

(2)  HOSPICES.--When an application is made for a certificate of need to establish or to expand a hospice, the need for such hospice shall be determined on the basis of the need for and availability of hospice services in the community. The formula on which the certificate of need is based shall discourage regional monopolies and promote competition. The inpatient hospice care component of a hospice which is a freestanding facility, or a part of a facility, which is primarily engaged in providing inpatient care and related services and is not licensed as a health care facility shall also be required to obtain a certificate of need. Provision of hospice care by any current provider of health care is a significant change in service and therefore requires a certificate of need for such services.

(3)  RURAL HEALTH NETWORKS.--Preference shall be given in the award of a certificate of need to members of certified rural health networks, as provided for in s. 381.0406, subject to the following conditions:

(a)  Need must be shown pursuant to s. 408.035.

(b)  The proposed project must:

1.  Strengthen health care services in rural areas through partnerships between rural care providers; or

2.  Increase access to inpatient health care services for Medicaid recipients or other low-income persons who live in rural areas.

(c)  No preference shall be given under this section for the establishment of skilled nursing facility services by a hospital.

(4)  PRIVATE ACCREDITATION NOT REQUIRED.--Accreditation by any private organization may not be a requirement for the issuance or maintenance of a certificate of need under ss. 408.031-408.045.

History.--s. 30, ch. 87-92; s. 15, ch. 91-282; s. 15, ch. 92-33; s. 31, ch. 93-129; s. 8, ch. 97-270; s. 1, ch. 2003-161; s. 11, ch. 2004-383.

Note.--Former s. 381.713.

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