Florida Statute 395.003 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 395
HOSPITAL LICENSING AND REGULATION

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F.S. 395.003

395.003 Licensure; denial, suspension, and revocation.—

(1)(a) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to ss. 395.001-395.1065 and part II of chapter 408 and to entities licensed by or applying for such licensure from the Agency for Health Care Administration pursuant to ss. 395.001-395.1065. A license issued by the agency is required in order to operate a hospital or ambulatory surgical center in this state.

(b)1. It is unlawful for a person to use or advertise to the public, in any way or by any medium whatsoever, any facility as a “hospital” or “ambulatory surgical center” unless such facility has first secured a license under this part.

2. This part does not apply to veterinary hospitals or to commercial business establishments using the word “hospital” or “ambulatory surgical center” as a part of a trade name if no treatment of human beings is performed on the premises of such establishments.

(2)(a) In addition to the requirements in part II of chapter 408, the agency shall, at the request of a licensee, issue a single license to a licensee for facilities located on separate premises. Such a license shall specifically state the location of the facilities, the services, and the licensed beds available on each separate premises. If a licensee requests a single license, the licensee shall designate which facility or office is responsible for receipt of information, payment of fees, service of process, and all other activities necessary for the agency to carry out the provisions of this part.

(b) The agency shall, at the request of a licensee that is a teaching hospital as defined in s. 408.07, issue a single license to a licensee for facilities that have been previously licensed as separate premises, provided such separately licensed facilities, taken together, constitute the same premises as defined in s. 395.002. Such license for the single premises shall include all of the beds, services, and programs that were previously included on the licenses for the separate premises. The granting of a single license under this paragraph may not in any manner reduce the number of beds, services, or programs operated by the licensee.

(c) Intensive residential treatment programs for children and adolescents which have received accreditation from an accrediting organization as defined in s. 395.002(1) and which meet the minimum standards developed by rule of the agency for such programs shall be licensed by the agency under this part.

(3) In addition to the requirements of s. 408.807, after a change of ownership has been approved by the agency, the transferee shall be liable for any liability to the state, regardless of when identified, resulting from changes to allowable costs affecting provider reimbursement for Medicaid participation or Public Medical Assistance Trust Fund Assessments, and related administrative fines.

(4) The agency shall issue a license that specifies the service categories and the number of hospital beds in each bed category for which a license is received. Such information shall be listed on the face of the license. A licensed facility shall not operate a number of hospital beds greater than the number indicated by the agency on the face of the license without approval from the agency under conditions established by rule.

(5)(a) Adherence to patient rights, standards of care, and examination and placement procedures provided under part I of chapter 394 shall be a condition of licensure for hospitals providing voluntary or involuntary medical or psychiatric observation, evaluation, diagnosis, or treatment.

(b) Any hospital that provides psychiatric treatment to persons under 18 years of age who have emotional disturbances shall comply with the procedures pertaining to the rights of patients prescribed in part I of chapter 394.

(c) A hospital that provides birthing services shall affirm in writing as part of the application for a new, provisional, or renewal license that the hospital shall comply with s. 382.013(2)(c), which includes assisting unmarried parents who request assistance in executing a voluntary acknowledgment of paternity. No fine or other sanction under s. 395.1065 may be imposed on a hospital for noncompliance with s. 382.013(2)(c).

(d) A hospital, an ambulatory surgical center, a specialty hospital, or an urgent care center shall comply with ss. 627.64194 and 641.513 as a condition of licensure.

(6)(a) A specialty hospital may not provide any service or regularly serve any population group beyond those services or groups specified in its license. A specialty-licensed children’s hospital that is authorized to provide pediatric cardiac catheterization and pediatric open-heart surgery services may provide cardiovascular service to adults who, as children, were previously served by the hospital for congenital heart disease, or to those patients who are referred for a specialized procedure only for congenital heart disease by an adult hospital, without obtaining additional licensure as a provider of adult cardiovascular services. The agency may request documentation as needed to support patient selection and treatment. This subsection does not apply to a specialty-licensed children’s hospital that is already licensed to provide adult cardiovascular services.

(b) A specialty-licensed children’s hospital that has licensed neonatal intensive care unit beds and is located in District 5 or District 11, as defined in s. 408.032, as of January 1, 2018, may provide obstetrical services, in accordance with the pertinent guidelines promulgated by the American College of Obstetricians and Gynecologists and with verification of guidelines and compliance with internal safety standards by the Voluntary Review for Quality of Care Program of the American College of Obstetricians and Gynecologists and in compliance with the agency’s rules pertaining to the obstetrical department in a hospital and offer healthy mothers all necessary critical care equipment, services, and the capability of providing up to 10 beds for labor and delivery care, which services are restricted to the diagnosis, care, and treatment of pregnant women of any age who have documentation by an examining physician that includes information regarding:

1. At least one fetal characteristic or condition diagnosed intra-utero that would characterize the pregnancy or delivery as high risk including structural abnormalities of the digestive, central nervous, and cardiovascular systems and disorders of genetic malformations and skeletal dysplasia, acute metabolic emergencies, and babies of mothers with rheumatologic disorders; or

2. Medical advice or a diagnosis indicating that the fetus may require at least one perinatal intervention.

This paragraph shall not preclude a specialty-licensed children’s hospital from complying with s. 395.1041 or the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. s. 1395dd.

(7) In addition to the requirements of part II of chapter 408, whenever the agency finds that there has been a substantial failure to comply with the requirements established under this part or in rules, the agency is authorized to deny, modify, suspend, and revoke:

(a) A license;

(b) That part of a license which is limited to a separate premises, as designated on the license; or

(8) A hospital may not be licensed or relicensed if:

(a) The diagnosis-related groups for 65 percent or more of the discharges from the hospital, in the most recent year for which data is available to the Agency for Health Care Administration pursuant to s. 408.061, are for diagnosis, care, and treatment of patients who have:

1. Cardiac-related diseases and disorders classified as diagnosis-related groups in major diagnostic category 5;

2. Orthopedic-related diseases and disorders classified as diagnosis-related groups in major diagnostic category 8;

3. Cancer-related diseases and disorders classified as discharges in which the principal diagnosis is neoplasm or carcinoma or is for an admission for radiotherapy or antineoplastic chemotherapy or immunotherapy; or

4. Any combination of the above discharges.

(b) The hospital restricts its medical and surgical services to primarily or exclusively cardiac, orthopedic, surgical, or oncology specialties.

(c) A hospital classified as an exempt cancer center hospital pursuant to 42 C.F.R. s. 412.23(f) as of December 31, 2005, is exempt from the licensure restrictions of this subsection.

(9) A hospital licensed as of June 1, 2004, shall be exempt from subsection (8) as long as the hospital maintains the same ownership, facility street address, and range of services that were in existence on June 1, 2004. Any transfer of beds, or other agreements that result in the establishment of a hospital or hospital services within the intent of this section, shall be subject to subsection (8). Unless the hospital is otherwise exempt under subsection (8), the agency shall deny or revoke the license of a hospital that violates any of the criteria set forth in that subsection.

(10) The agency may adopt rules implementing the licensure requirements set forth in subsection (8). Within 14 days after rendering its decision on a license application or revocation, the agency shall publish its proposed decision in the Florida Administrative Register. Within 21 days after publication of the agency’s decision, any authorized person may file a request for an administrative hearing. In administrative proceedings challenging the approval, denial, or revocation of a license pursuant to subsection (8), the hearing must be based on the facts and law existing at the time of the agency’s proposed agency action. Existing hospitals may initiate or intervene in an administrative hearing to approve, deny, or revoke licensure under subsection (8) based upon a showing that an established program will be substantially affected by the issuance or renewal of a license to a hospital within the same district or service area.

History.—ss. 26, 30, ch. 82-182; s. 47, ch. 83-218; s. 4, ch. 83-244; ss. 34, 40, ch. 87-92; ss. 4, 98, ch. 92-289; s. 29, ch. 96-169; s. 3, ch. 98-303; s. 5, ch. 2002-400; s. 23, ch. 2004-350; s. 1, ch. 2004-383; s. 21, ch. 2005-39; s. 2, ch. 2005-81; s. 1, ch. 2005-256; s. 38, ch. 2007-230; s. 1, ch. 2007-248; s. 4, ch. 2009-223; s. 5, ch. 2012-66; s. 40, ch. 2013-14; s. 6, ch. 2013-153; s. 5, ch. 2016-222; s. 25, ch. 2018-24; s. 3, ch. 2020-156; s. 2, ch. 2021-112.

F.S. 395.003 on Google Scholar

F.S. 395.003 on Casetext

Amendments to 395.003

Arrestable Offenses / Crimes under Fla. Stat. 395.003

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 395.003.

Annotations, Discussions, Cases:

Cases Citing Statute 395.003

Total Results: 20

ROBERT D. GARNER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-08T00:00:00-08:00

Snippet: quoting Horsley, 160 So. 3d at 395). 3 On June 24, 2016, Mr.

Joanne McCall, Senator Geraldine etc. v. Rick Scott, Governor of Florida, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-16T00:00:00-07:00

Citation: 199 So. 3d 359, 2016 Fla. App. LEXIS 12301

Snippet: level are eligible to receive scholarships. § 1002.395(3)(c), Fla. Stat. (2015). The FTCSP operates

Planned Parenthood of Greater Orlando v. MMB Properties

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-22T00:00:00-07:00

Citation: 171 So. 3d 125, 2015 Fla. App. LEXIS 7717, 2015 WL 2414382

Snippet: as an ambulatory surgical center pursuant to s. 395.003. Any structure or vehicle in which a physician

Crane v. Lifemark Hosp. of Fla., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-15T00:00:00-07:00

Citation: 149 So. 3d 718, 2014 Fla. App. LEXIS 16840, 2014 WL 5151621

Snippet: Administration in order to operate as a hospital. § 395.003(l)(a), Fla. Stat. (2011). The cafeteria within

VLX Properties, Inc. v. SO. STATES UTILITIES, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-05-21T00:53:00-07:00

Citation: 792 So. 2d 504

Snippet: pour out and cause to spread freely." Id. at 395. [3] State v. Georgoudiou, 560 So.2d 1241 (Fla. 5th

University Hosp. v. AHCA

Court: Fla. Dist. Ct. App. | Date Filed: 1997-07-21T00:53:00-07:00

Citation: 697 So. 2d 909

Snippet: for multiple healthcare facilities under section 395.003(2)(d), Florida Statutes (1993).[2] The hearing …constituted a permissible interpretation of section 395.003(2)(d); therefore, the agency could continue to …, which the court issued, holding that section 395.003(2)(d) entitled licensees to a single license for…court reversed, stating that nothing in section 395.003(2)(d) required that the license consolidate each…be "separate premises" under section 395.003(2)(d). "Premises" is defined in section

Agency for Health Care Administration v. Sebastian Hospital, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-11T00:00:00-08:00

Citation: 670 So. 2d 1040, 1996 Fla. App. LEXIS 2233

Snippet: accordance with section 395.003(2)(d). Nothing in the language of section 395.003(2)(d) requires that the…licenses to appellees. We quash the writs. Section 395.003(2)(d), Florida Statutes (1993), provides, in part…excess of the legislative directive of section 395.003(2)(d), which unequivocally mandates the issuance…injunctive relief.2 Ap-pellees argued that section 395.003(2)(d) entitles a party seeking a single license…asserted construed the plain language of section 395.003(2)(d) to require a consolidated license. A hearing

AGENCY FOR HLTH. CARE ADMIN. v. Sebastian Hosp.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-10T23:53:00-08:00

Citation: 670 So. 2d 1040

Snippet: accordance with section 395.003(2)(d). Nothing in the language of section 395.003(2)(d) requires that the…licenses to appellees. We quash the writs. Section 395.003(2)(d), Florida Statutes (1993), provides, in part…excess of the legislative directive of section 395.003(2)(d), which unequivocally mandates the issuance…injunctive relief.[2] Appellees argued that section 395.003(2)(d) entitles a party seeking a single license…asserted construed the plain language of section 395.003(2)(d) to require a consolidated license. A hearing

Agency for Health Care v. Univ. Hosp.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-10T23:53:00-08:00

Citation: 670 So. 2d 1037

Snippet: license issued pursuant to section 395.003(2)(d). Section 395.003(2)(d) requires the license to specifically…Rules 59A-3.203(2)(i) and (6). We reverse. Section 395.003(2)(d), Florida Statutes (1993), provides, in part…excess of the legislative directive of section 395.003(2)(d), which unequivocally mandates the issuance…regarding issuance of a single license under section 395.003(2)(d). Proposed rule 59A-3.203(2)(i) provides: …implemented by the proposed rules were sections 395.001, 395.003, 395.004, *1039 395.1005, 408.035, 408.036, and

Seropian v. Forman

Court: Fla. Dist. Ct. App. | Date Filed: 1995-03-28T23:53:00-08:00

Citation: 652 So. 2d 490

Snippet: Health and Rehabilitative Services [HRS]. See § 395.003(1)(a), Fla. Stat. (1987). State law also bars the

Weinstock v. Groth

Court: Fla. | Date Filed: 1993-12-22T23:53:00-08:00

Citation: 629 So. 2d 835

Snippet: ambulatory surgical centers licensed under chapter 395. [3] Section 766.105(1)(b) defines a health care provider

Campbellton-Graceville Hospital v. Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-14T00:00:00-08:00

Citation: 610 So. 2d 82, 1992 Fla. App. LEXIS 12502, 1992 WL 365441

Snippet: to its acquisition of the property. See section 395.003, Florida Statutes (1987). Hospital Corporation

Golden Glades Regional Medical Center v. State, Health Care Cost Containment Board

Court: Fla. Dist. Ct. App. | Date Filed: 1991-09-03T00:00:00-07:00

Citation: 586 So. 2d 422, 1991 Fla. App. LEXIS 8473, 1991 WL 167278

Snippet: prior to its acquisition of the property, see § 395.003, Fla.Stat. (1987); and (b) there is no substantial

University Community Hosp. v. DHRS

Court: Fla. Dist. Ct. App. | Date Filed: 1990-01-11T23:53:00-08:00

Citation: 555 So. 2d 922

Snippet: this last argument to be meritless. [2] Section 395.003(4), F.S. (1983) required the number of beds used

Ago

Court: Fla. Att'y Gen. | Date Filed: 1987-05-27T00:53:00-07:00

Snippet: obtaining a license under Part I, Ch. 395. Section 395.003(1)(a), F.S. Applications for licenses, or renewals

Psychiatric Hospitals of Florida, Inc. v. State, Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1986-09-16T00:00:00-07:00

Citation: 500 So. 2d 190, 11 Fla. L. Weekly 1967, 1986 Fla. App. LEXIS 9662

Snippet: 244, Section 4, Laws of Florida, amended Section 395.003(4), Florida Statutes, as follows, the emphasized…plain language of the amended statute, Section 395.003(4), Florida Statute (1983), requires HRS to develop…part and rules promulgated thereunder.” Section 395.003(2)(c), Florida Statutes (1983). Nonconforming hospitals

Balsam v. Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1986-03-31T00:00:00-08:00

Citation: 486 So. 2d 1341, 11 Fla. L. Weekly 876, 1986 Fla. App. LEXIS 8528

Snippet: process and expressed in the order. . Cf. sec. 395.003(7): (7) Whenever the department finds that there

Balsam v. DEPT. OF HEALTH & REHAB. SERVICES

Court: Fla. Dist. Ct. App. | Date Filed: 1986-03-30T23:53:00-08:00

Citation: 486 So. 2d 1341

Snippet: 381.494(6)(c)(4), Fla. Stat. (1983). [1] Cf. sec. 395.003(7): (7) Whenever the department finds that there

Ago

Court: Fla. Att'y Gen. | Date Filed: 1980-05-14T00:53:00-07:00

Snippet: extensively revised by the Legislature. Section 395.03 requires that `no person [as defined in s. 395.01

Hotel China & Glassware Co. v. Board of Public Instruction

Court: Fla. Dist. Ct. App. | Date Filed: 1961-05-09T00:53:00-07:00

Citation: 130 So. 2d 78

Snippet: Sec. 32, p. 528; 17 C.J.S. Contracts § 50, p. 395. [3] 52 A.L.R.2d 792; 107 A.L.R. 1451. [4] 52 A.L.R