Florida Statute 408.043 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 408
HEALTH CARE ADMINISTRATION

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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.

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Amendments to 408.043

Annotations, Discussions, Cases:

Cases Citing Statute 408.043

Total Results: 2 | Sort by: Relevance | Newest First

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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. 1st DCA 2018).

Cited 1 times | Published | Florida 1st District Court of Appeal

...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. § 408.043(2), Fla....

...ts: Applications to establish a new hospice program shall not be approved in the absence of a numeric need indicated by the formula in paragraph (4)(a) of this rule, unless other criteria in this rule and in Sections 408.035 and 408.043(2) [discouragement of regional monopolies and promotion of competition], F.S., outweigh the lack of a numeric need. Rule 59C-1.0355(3)(b), Fla....

...On this point, Tidewell notes that its status as the sole hospice provider in Sarasota County (as well as Manatee, Charlotte, and Desoto counties in three adjoining service areas, which is unique in Florida) is neither improper nor illegal; and that section 408.043(2) does not require that AHCA give greater weight to the policy goal of discouraging regional monopolies and promoting competition than to the other factors....

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Hope Hospice & Cmty. Servs., Inc. v. Agency for Health Care Admin.; Vitas Healthcare Corp. of Florida, Inc. (Fla. 1st DCA 2025).

Published | Florida 1st District Court of Appeal

...orizing hospice programs in the State of Florida. AHCA approves CONs when a community need exists “for a new, converted, expanded, or otherwise significantly modified . . . hospice.” § 408.034(1), Fla. Stat.; § 408.032(3), Fla. Stat.; see also § 408.043(1), Fla....

...It is part of a broader statutory and administrative regime regulating the provision of hospice programs. This regime states a clear purpose of having CON applications approved where there are unmet needs for hospice services in a community. See, e.g., § 408.043(1), Fla....

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