Florida Statute 408.035 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 408
HEALTH CARE ADMINISTRATION

View Entire Chapter

F.S. 408.035

408.035 Review criteria.—The agency shall determine the reviewability of applications and shall review applications for certificate-of-need determinations for health care facilities in context with the following criteria:

(1) The need for the health care facilities being proposed.

(2) The availability, quality of care, accessibility, and extent of utilization of existing health care facilities in the service district of the applicant.

(3) The ability of the applicant to provide quality of care and the applicant’s record of providing quality of care.

(4) The availability of resources, including health personnel, management personnel, and funds for capital and operating expenditures, for project accomplishment and operation.

(5) The extent to which the proposed services will enhance access to health care for residents of the service district.

(6) The immediate and long-term financial feasibility of the proposal.

(7) The extent to which the proposal will foster competition that promotes quality and cost-effectiveness.

(8) The costs and methods of the proposed construction, including the costs and methods of energy provision and the availability of alternative, less costly, or more effective methods of construction.

(9) The applicant’s past and proposed provision of 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.

History.—s. 22, ch. 87-92; s. 20, ch. 88-294; s. 15, ch. 92-33; ss. 37, 50, ch. 93-217; s. 30, ch. 95-210; s. 36, ch. 97-103; s. 39, ch. 97-264; s. 2, ch. 97-270; s. 20, ch. 99-394; s. 6, ch. 2000-256; s. 7, ch. 2000-318; s. 5, ch. 2004-383; s. 1, ch. 2008-29; ss. 11, 12, ch. 2019-136.

Note.—Former s. 381.705.

F.S. 408.035 on Google Scholar

F.S. 408.035 on Casetext

Amendments to 408.035

Arrestable Offenses / Crimes under Fla. Stat. 408.035

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 408.035.

Annotations, Discussions, Cases:

Cases Citing Statute 408.035

Total Results: 8

Compassionate Care Hospice of the Gulf Coast, Inc. v. State of Florida, Agency For Health Care etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-25T00:53:00-07:00

Snippet: other criteria in this rule and in Sections 408.035 and 408.043(2) [discouragement of regional

Delray Medical Center, Inc. v. State Agency for Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2009-01-28T00:00:00-08:00

Citation: 5 So. 3d 26, 2009 Fla. App. LEXIS 571

Snippet: consideration of the statutory criteria in section 408.035, Florida Statutes, and the criteria in Florida

Bethesda Healthcare System, Inc. v. AHCA

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-12T23:53:00-08:00

Citation: 945 So. 2d 574

Snippet: evaluation of "need" under section 408.035(1). § 408.035(1), Fla. Stat. (2004). The determination…not inconsistent with the governing statute. § 408.035, Fla. Stat. (2004) (criteria for CON include showing…accessibility and use of existing facilities. § 408.035, Fla. Stat. (2004). Under either standard, therefore

MARTIN MEM. MED. CENTER, INC. v. Tenet Healthsystem Hospitals, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-29T00:53:00-07:00

Citation: 875 So. 2d 797

Snippet: (but not limited to) those set out in section 408.035. The statutory and rule review criteria for CON

Lawnwood Med. Ctr. v. AGENCY FOR HEALTH CARE

Court: Fla. Dist. Ct. App. | Date Filed: 1996-07-29T00:53:00-07:00

Citation: 678 So. 2d 421

Snippet: the applicants based upon a review of section 408.035, Florida Statutes (1993). The hearing officer first… and state health plans as required by section 408.035(1)(a). Four of the six preferences contained in…criteria for comparison established by section 408.035(1)(b)-(o). Several criteria either did not apply…however, did not apply equally. Reviewing section 408.035(1)(l), the hearing officer found that the existing…Lawnwood over Martin on the criteria in section 408.035(1)(n) which addresses applicant's past and

Lawnwood Medical Center, Inc. v. Agency For Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 1996-07-29T00:00:00-07:00

Citation: 678 So. 2d 421, 1996 Fla. App. LEXIS 7908

Snippet: the applicants based upon a review of section 408.035, Florida Statutes (1993). The hearing officer first… and state health plans as required by section 408.035(l)(a). Four of the six preferences contained in…criteria for comparison established by section 408.035(l)(b)-(o). Several criteria either did not apply…however, did not apply equally. Reviewing section 408.035(l)(i), the hearing officer found that the existing…Lawnwood over Martin on the criteria in section 408.035(l)(n) which addresses applicant’s past and proposed

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: sections 395.001, 395.003, 395.004, *1039 395.1005, 408.035, 408.036, and 455.239, Florida Statutes. Appellees

Life Care Centers of America, Inc. v. State, Agency for Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 1995-06-12T00:00:00-07:00

Citation: 656 So. 2d 1329, 1995 Fla. App. LEXIS 9015, 1995 WL 348294

Snippet: feasibility determination required by section 408.035(l)(i), Florida Statutes (1993). Life Care introduced