The Certificate of Need (CON) program in Florida controls the building and expansion of healthcare facilities and services. This is to prevent too many healthcare options in one area, prevent competition based on prices, and slow down the use of new technology. The program also aims to make sure that everyone has equal access to good healthcare.
Hospitals, nursing homes, home health agencies, and other healthcare services need a CON before they can open or expand. The state Agency for Health Care Administration (AHCA) reviews CON applications either in a competitive process or an expedited process. The 1997 legislation revised the CON law to make it easier for some healthcare projects to get approved. If a healthcare facility wants to start a new project, they have to ask the Agency for Health Care Administration to see if it needs approval. The agency will decide if the project can be exempt from review. If it is exempt, the healthcare facility can go ahead with their project. In 1997, some changes were made to the rules about what kind of healthcare facilities need approval for their projects. This included removing the need for approval for certain medical equipment. The agency also has to consider other options before approving new construction projects. A new law was passed to change how replacement health care facilities are reviewed. The law also eliminates review for certain types of projects and raises the cost overrun threshold. It also ends the need for review of home health agencies when a new payment method is adopted. The law also exempts adult heart tests in hospitals, but they have to meet certain requirements. The agency must make rules for outpatient heart tests that follow specific requirements for equipment, staff, hours, and emergency procedures. If a facility follows the rules, it can be exempt from certain regulations. The bill also changes the application process for health care facilities to make it easier for them to start new projects. The bill changes the rules for submitting letters of intent for healthcare facilities, like hospitals. It also makes it easier for healthcare organizations to challenge denials of their applications. The bill removes the requirement for private accreditation for these facilities. The changes apply to future applications, but not to those already in the process. The new bill changes the rules for starting a Medicare-certified home health agency and inpatient diagnostic cardiac catheterization programs. It allows more providers to enter the market, which could lead to lower costs for patients and insurers. The health care industry is happy about the changes, but it may take a while for more reforms to happen. This column is from the Health Law Section of The Florida Bar. It’s written by Michael J. Glazer, the chair, and edited by Robert C. McCurdy. The goal of the section is to teach its members about their responsibilities to the public, improve how justice is carried out, and make progress in legal studies.
Source: https://www.floridabar.org/the-florida-bar-journal/the-1997-amendments-to-floridas-certificate-of-need-law/
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