Florida Statutes Part I - Health Facility And Services Planning (Ss. 408.031-408.7071)

• 408.031 - Short Title.
  Sections 408.031-408.045 shall be known and may be cited as the “Health Facility and Services Development Act.”History.—s. 18, ch. 87-92; s. 15, ch. 92-33; s....
• 408.032 - Definitions Relating To Health Facility And Services Development Act.
  As used in ss. 408.031-408.045, the term:(1) “Agency” means the Agency for Health Care Administration.(2) “Capital expenditure” means an expenditure, including an expenditure for a construction project...
• 408.033 - Local And State Health Planning.
  (1) LOCAL HEALTH COUNCILS.—(a) Local health councils are hereby established as public or private nonprofit agencies serving the counties of a district. The members of each council...
• 408.034 - Duties And Responsibilities Of Agency; Rules.
  (1) The agency is designated as the single state agency to issue, revoke, or deny certificates of need and to issue, revoke, or deny exemptions from...
• 408.035 - Review Criteria.
  (1) The agency shall determine the reviewability of applications and shall review applications for certificate-of-need determinations for health care facilities and health services in context with...
• 408.036 - Projects Subject To Review; Exemptions.
  (1) APPLICABILITY.—Unless exempt under subsection (3), all health-care-related projects, as described in paragraphs (a)-(f), are subject to review and must file an application for a certificate...
• 408.0361 - Cardiovascular Services And Burn Unit Licensure.
  (1) Each provider of diagnostic cardiac catheterization services shall comply with rules adopted by the agency that establish licensure standards governing the operation of adult inpatient...
• 408.037 - Application Content.
  (1) Except as provided in subsection (2) for a general hospital, an application for a certificate of need must contain:(a) A detailed description of the proposed project...
• 408.038 - Fees.
  The agency shall assess fees on certificate-of-need applications. Such fees shall be for the purpose of funding the activities of the agency and shall be...
• 408.039 - Review Process.
  The review process for certificates of need shall be as follows:(1) REVIEW CYCLES.—The agency by rule shall provide for applications to be submitted on a timetable...
• 408.040 - Conditions And Monitoring.
  (1)(a) The agency may issue a certificate of need, or an exemption, predicated upon statements of intent expressed by an applicant in the application for a...
• 408.041 - Certificate Of Need Required; Penalties.
  It is unlawful for any person to undertake a project subject to review under ss. 408.031-408.045 without a valid certificate of need. Any person violating...
• 408.042 - Limitation On Transfer.
  The holder of a certificate of need shall not charge a price for the transfer of the certificate of need to another person that exceeds...
• 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...
• 408.0436 - Limitation On Nursing Home Certificates Of Need.
  Notwithstanding the establishment of need as provided in this chapter, the agency may not approve a certificate-of-need application for new community nursing home beds following...
• 408.044 - Injunction.
  Notwithstanding the existence or pursuit of any other remedy, the agency may maintain an action in the name of the state for injunction or other...
• 408.045 - Certificate Of Need; Competitive Sealed Proposals.
  (1) The application, review, and issuance procedures for a certificate of need for an intermediate care facility for the developmentally disabled may be made by the...
• 408.0455 - Rules; Pending Proceedings.
  The rules of the agency in effect on June 30, 2004, shall remain in effect and shall be enforceable by the agency with respect to...
• 408.05 - Florida Center For Health Information And Policy Analysis.
  (1) ESTABLISHMENT.—The agency shall establish a Florida Center for Health Information and Policy Analysis. The center shall establish a comprehensive health information system to provide for...
• 408.051 - Florida Electronic Health Records Exchange Act.
  (1) SHORT TITLE.—This section may be cited as the “Florida Electronic Health Records Exchange Act.”(2) DEFINITIONS.—As used in this section, the term:(a) “Electronic health record” means a record...
• 408.0512 - Electronic Health Records System Adoption Loan Program.
  (1) Subject to the availability of eligible donations from public or private entities and funding made available through s. 3014 of the Public Health Service Act,...
• 408.061 - Data Collection; Uniform Systems Of Financial Reporting; Information Relating To Physician Charges; Confidential Information; Immunity.
  (1) The agency shall require the submission by health care facilities, health care providers, and health insurers of data necessary to carry out the agency’s duties....
• 408.0611 - Electronic Prescribing Clearinghouse.
  (1) It is the intent of the Legislature to promote the implementation of electronic prescribing by health care practitioners, health care facilities, and pharmacies in order...
• 408.062 - Research, Analyses, Studies, And Reports.
  (1) The agency shall conduct research, analyses, and studies relating to health care costs and access to and quality of health care services as access and...
• 408.063 - Dissemination Of Health Care Information.
  (1) The agency, relying on data collected pursuant to this chapter, shall establish a reliable, timely, and consistent information system that distributes information and serves as...
• 408.07 - Definitions.
  As used in this chapter, with the exception of ss. 408.031-408.045, the term:(1) “Accepted” means that the agency has found that a report or data submitted...
• 408.08 - Inspections And Audits; Violations; Penalties; Fines; Enforcement.
  (1) The agency may inspect and audit books and records of individual or corporate ownership, including books and records of related organizations with which a health...
• 408.09 - Assistance On Cost Containment Strategies.
  The agency shall:(1) Assist purchasers and employers who seek technical assistance from the agency for the purpose of cost-effective purchasing of health care.(2) Develop cost containment strategies...
• 408.10 - Consumer Complaints.
  The agency shall publish and make available to the public a toll-free telephone number for the purpose of handling consumer complaints and shall serve as...
• 408.15 - Powers Of The Agency.
  In addition to the powers granted to the agency elsewhere in this chapter, the agency is authorized to:(1) Enter into contracts and execute all instruments necessary...
• 408.16 - Health Care Trust Fund; Moneys To Be Deposited Therein.
  (1) There is created in the State Treasury a special fund to be designated as the Health Care Trust Fund, which shall be used in the...
• 408.18 - Health Care Community Antitrust Guidance Act; Antitrust No-action Letter; Market-information Collection And Education.
  (1) This section may be cited as the “Florida Health Care Community Antitrust Guidance Act.”(2) This section is created to provide instruction to the health care community...
• 408.185 - Information Submitted For Review Of Antitrust Issues; Confidentiality.
  The following information held by the Office of the Attorney General, which is submitted by a member of the health care community pursuant to a...
• 408.20 - Assessments; Health Care Trust Fund.
  (1) The data collection and analysis activities of the agency shall be financed, in part, by an assessment on:(a) Hospitals in an amount to be determined annually...
• 408.301 - Legislative Findings.
  The Legislature has found that access to quality, affordable, health care for all Floridians is an important goal for the state. The Legislature recognizes that...
• 408.302 - Interagency Agreement.
  (1) The Agency for Health Care Administration shall enter into an interagency agreement with the Department of Children and Families, the Agency for Persons with Disabilities,...
• 408.40 - Public Counsel.
  (1) Notwithstanding any other provisions of this chapter, the Public Counsel shall represent the public in any proceeding before the agency or its advisory panels in...
• 408.50 - Prospective Payment Arrangements.
  (1) Hospitals as defined in s. 395.002, and health insurers regulated pursuant to parts VI and VII of chapter 627, shall establish prospective payment arrangements that...
• 408.70 - Health Care; Managed Competition; Legislative Findings And Intent.
  (1) The Legislature finds that the current health care system in this state does not provide access to affordable health care for all persons in this...
• 408.7056 - Subscriber Assistance Program.
  (1) As used in this section, the term:(a) “Agency” means the Agency for Health Care Administration.(b) “Department” means the Department of Financial Services.(c) “Grievance procedure” means an established set...
• 408.7057 - Statewide Provider And Health Plan Claim Dispute Resolution Program.
  (1) As used in this section, the term:(a) “Agency” means the Agency for Health Care Administration.(b) “Health plan” means a health maintenance organization or a prepaid health clinic...
• 408.7071 - Standardized Claim Form.
  The Agency for Health Care Administration shall develop a standardized claim form to be used by insurers and health care providers licensed in this state.History.—s....

Last modified: September 23, 2016