Florida Statutes

Fla. Stat. § 408.043 (2025)

Special provisions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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408.043 Special provisions.—

(1) 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.

(2) 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.

(3) 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; s. 18, ch. 2019-136.

Note.—Former s. 381.713.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2018–2025 · leading case: Compassionate Care Hospice of the Gulf Coast, Inc. v. State of Florida, Agency For Health Care etc., 247 So. 3d 99 (Fla. 2d DCA 2018).

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Compassionate Care Hospice of the Gulf Coast, Inc. v. State of Florida, Agency For Health Care etc., 247 So. 3d 99 (Fla. 2d DCA 2018). · cites it 3× “§ 408.043(2), Fla. Stat. (2015) (emphasis added).”

Hope Hospice & Cmty. Servs., Inc. v. Agency for Health Care Admin.; Vitas Healthcare Corp. of Florida, Inc. (Fla. 1st DCA 2025). · cites it 4× “; see also § 408.043(1), Fla. Stat. (providing that “the need for [a] hospice shall be determined on the basis of the need for and availability of hospice services in the community”).”

— 408.043(1) — 1 case

Hope Hospice & Cmty. Servs., Inc. v. Agency for Health Care Admin.; Vitas Healthcare Corp. of Florida, Inc. (Fla. 1st DCA 2025). “; see also § 408.043(1), Fla. Stat. (providing that “the need for [a] hospice shall be determined on the basis of the need for and availability of hospice services in the community”).”

— 408.043(2) — 1 case

Compassionate Care Hospice of the Gulf Coast, Inc. v. State of Florida, Agency For Health Care etc., 247 So. 3d 99 (Fla. 2d DCA 2018). “§ 408.043(2), Fla. Stat. (2015) (emphasis added).”

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