Florida Statute 408.043 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 408
HEALTH CARE ADMINISTRATION

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F.S. 408.043

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.

F.S. 408.043 on Google Scholar

F.S. 408.043 on Casetext

Amendments to 408.043

Arrestable Offenses / Crimes under Fla. Stat. 408.043

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 408.043.

Annotations, Discussions, Cases:

Cases Citing Statute 408.043

Total Results: 2

ORLANDO HEALTH CENTRAL, Inc. v. Agency For Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-03T00:53:00-07:00

Snippet: 2 the provisions of ss 408.031-408.043(1) and (2); s. 408.044; or s. 408.045. Ch. … a result of the provisions of ss 408.031- 408.043(1) and (2); s. 408.044; or s. 408.045. Ch. 2004

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: regional monopolies and promote competition. § 408.043(2), Fla. Stat. (2015) (emphasis added). The Legislature…criteria in this rule and in Sections 408.035 and 408.043(2) [discouragement of regional monopolies and …neither improper nor illegal; and that section 408.043(2) does not require that AHCA give greater weight