CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 571, 34 Fla. L. Weekly Fed. D 240
...proposition that "need" is the polestar of CON law. In the absence of the methodology in the acute care bed need rule, the determination of "need" for new acute care beds must be made based upon a balanced consideration of the statutory criteria in section 408.035, Florida Statutes, and the criteria in Florida Administrative Code 59C-1.008(2)(e)2, which provides: If no agency policy [upon which to determine need for the proposed beds or service] exists, the applicant will be responsible for dem...
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...that its current beds were underutilized, and that there were any physical or cost-prohibitive restraints that would preclude Bethesda from expanding its current location. We note that this explanation is not inconsistent with the governing statute. § 408.035, Fla....
...s persuasive. It reasons that while JFK's argument that the number of beds in a subdistrict will effectively become irrelevant, it also noted that the agency was still bound by the current statutory criteria calling for an evaluation of "need" under section 408.035(1). § 408.035(1), Fla....
...lization, or by providing other information to illustrate that the situation is not `normal' in the service area." The 2004 criteria essentially encompass the same factors: availability, quality of care, accessibility and use of existing facilities. § 408.035, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2004 WL 1439872
...AHCA is the state agency responsible for issuing, revoking or denying CON's; and for issuing, revoking or denying exemptions from CON review. §
408.034(1), Fla. Stat. (2002). Pursuant to the Act, AHCA must review CON applications based on numerous statutory and rule criteria, including (but not limited to) those set out in section
408.035....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...istrict 9. After hearing all of the testimony and examining all of the evidence, hearing officer Eleanor Hunter issued a recommended final order on March 13, 1995, in which she set forth a detailed comparison of the applicants based upon a review of section 408.035, Florida Statutes (1993). The hearing officer first reviewed the need for health care facilities and services in relation to the applicable district and state health plans as required by section 408.035(1)(a)....
...She noted prior CON compliance reports filed by Martin demonstrating difficulty in meeting applicable Medicaid levels due to the demographics of Martin's service area. The hearing officer next reviewed each of the criteria for comparison established by section 408.035(1)(b)-( o ). Several criteria either did not apply or were neutral, since they were met by both Lawnwood and Martin. At least two of the statutory criteria, however, did not apply equally. Reviewing section 408.035(1)( l ), the hearing officer found that the existing open heart program at PBG would suffer an adverse impact from the approval of a program at Martin....
...Although PBG's program would remain profitable, it would experience, based upon the evidence, losses in a range between $2.8 and $3.1 million. The hearing officer concluded that PBG would be disproportionately adversely affected by a program at Martin. The hearing officer also ranked Lawnwood over Martin on the criteria in section 408.035(1)(n) which addresses applicant's past and proposed provision of health care services to Medicaid patients and medically indigent....
...ring officer also recognized the close comparability of Lawnwood and Martin. She determined, however: Lawnwood is better situated to reverse district out-migration (of patients), and has to be preferred, under the state and local health plans and subsection 408.035(1)(n), Florida Statutes, for its history of providing a disproportionate share of its services to Medicaid and charity patients....
...Howell that Martin Memorial's long standing presence in the community (since 1939), stability of management, and board of directors made up of volunteers from the community are deserving of greater weight. These considerations are relevant under the criteria of section 408.035(1)(c), (h) and (i), Florida Statutes.......
...The agency improperly received Martin's document and improperly engaged in fact finding by way of inferences drawn from these documents. We also hold that AHCA improperly reweighed the evidence and recast the findings of fact as policy questions. The hearing officer reviewed the statutory criteria under section 408.035(1), and found that those criteria that applied favored Lawnwood....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...§§
408.031-408.045, which requires a Certificate of Need (C.O.N.) from the State of Florida in order to construct new hospital facilities. The State can grant the C.O.N. only if there is a need for new hospitals or facilities in a specific area. Id. at §
408.035....
CopyPublished | Florida 1st District Court of Appeal
...health care services to Medicaid patients and the
medically indigent.
(10) The applicant’s designation as a Gold Seal Program
nursing facility pursuant to s.
400.235, when the
applicant is requesting additional nursing home beds at
that facility.
§
408.035, Fla....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 9015, 1995 WL 348294
...project. At the final hearing, the parties stipulated that the Life Care application met all statutory and rule criteria except the capital project listing requirement of section
408.037(2)(a), and the financial feasibility determination required by section
408.035(l)(i), Florida Statutes (1993)....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 7908
...istrict 9. After hearing all of the testimony and examining all of the evidence, hearing officer Eleanor Hunter issued a recommended final order on March 13, 1995, in which she set forth a detailed comparison of the applicants based upon a review of section 408.035, Florida Statutes (1993). The hearing officer first reviewed the need for health care facilities and services in relation to the applicable district and state health plans as required by section 408.035(l)(a)....
...She noted prior CON compliance reports filed by Martin demonstrating difficulty in meeting applicable Medicaid levels due to the demographics of Martin’s service area. The hearing officer next reviewed each of the criteria for comparison established by section 408.035(l)(b)-(o). Several criteria either did not apply or were neutral, since they were met by both Lawnwood and Martin. At least two of the statutory criteria, however, did not apply equally. Reviewing section 408.035(l)(i), the hearing officer found that the existing open heart program at PBG would suffer an adverse impact from the approval of a program at Martin....
...Although PBG’s program would remain profitable, it would experience, based upon the evidence, losses in a range between $2.8 and $3.1 million. The hearing officer concluded that PBG would be disproportionately adversely affected by a program at Martin. The hearing officer also ranked Lawnwood over Martin on the criteria in section 408.035(l)(n) which addresses applicant’s past and proposed provision of health care services to Medicaid patients and medically indigent....
...ring officer also recognized the close comparability of Lawnwood and Martin. She determined, however: Lawnwood is better situated to reverse district out-migration (of patients), and has to be preferred, under the state and local health plans and subsection 408.035(l)(n), Florida Statutes, for its history of providing a disproportionate share of its services to Medicaid and charity patients....
...Howell that Martin Memorial’s long standing presence in the community (since 1939), stability of management, and board of directors made up of volunteers from the community are deserving of greater weight. These considerations are relevant under the criteria of section 408.035(l)(c), (h) and (i), Florida Statutes.......
...The agency improperly received Martin’s document and improperly engaged in fact finding by way of inferences drawn from these documents. We also hold that AHCA improperly reweighed the evidence and recast the findings of fact as policy questions. The hearing officer reviewed the statutory criteria under section 408.035(1), and found that those criteria that applied favored Lawn-wood....
