Florida Regulations 59C-1.030: Criteria Used in Evaluation of Applications
Current as of: 2024 | Check for updates
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In addition to criteria set forth in Florida Statutes § 408.035, the following health care access criteria are used in the review of an application.
(1) The need that the population served or to be served has for the health or Hospice services proposed to be offered or changed, and the extent to which all residents of the district, and in particular low income persons, racial and ethnic minorities, women, handicapped persons, other underserved groups and the elderly, are likely to have access to those services.
(2) The extent to which that need will be met adequately under a proposed reduction, elimination or relocation of a service, under a proposed substantial change in admissions policies or practices, or by alternative arrangements, and the effect of the proposed change on the ability of members of medically underserved groups which have traditionally experienced difficulties in obtaining equal access to health services to obtain needed health care.
(3) The contribution of the proposed service in meeting the health needs of members of such medically underserved groups, particularly those needs identified in the applicable local health plan and State health plan as deserving of priority.
(4) In determining the extent to which a proposed service will be accessible, the following will be considered:
(a) The extent to which medically underserved individuals currently use the applicant’s services, as a proportion of the medically underserved population in the applicant’s proposed service area, and the extent to which medically underserved individuals are expected to use the proposed services, if approved,
(b) The performance of the applicant in meeting any applicable Federal regulations requiring uncompensated care, community service, or access by minorities and handicapped persons to programs receiving Federal financial assistance, including the existence of any civil rights access complaints against the applicant,
(c) The extent to which Medicare, Medicaid and medically indigent patients are served by the applicant; and,
(d) The extent to which the applicant offers a range of means by which a person will have access to its services.
(5) In any case where it is determined that an approved project does not satisfy the criteria specified in subsections (1) through (4), the Agency may, if it approves the application, impose the condition that the applicant must take affirmative steps to meet those criteria.
(6) In evaluating the accessibility of a proposed project, the accessibility of the current facility as a whole must be taken into consideration. If the proposed project is disapproved because it fails to meet the need and access criteria specified herein, the Agency will so state in its written findings.
(7) This rule is in effect for five years from its effective date.
Rulemaking Authority 408.15(8), 408.034(3), (8) FS. Law Implemented 408.035, 408.037 FS. History-New 1-1-77, Amended 11-1-77, 6-5-79, 4-24-80, 2-1-81, 4-1-82, 11-9-82, 2-14-83, 4-7-83, 6-9-83, 6-10-83, 12-12-83, 3-5-84, 5-14-84, 7-16-84, 8-30-84, 10-15-84, 12-25-84, 4-9-85, Formerly 10-5.11, Amended 6-19-86, 11-24-86, 1-25-87, 3-2-87, 3-12-87, 8-11-87, 8-7-88, 8-28-88, 9-12-88, 4-19-89, 10-19-89, 5-30-90, 7-11-90, 8-6-90, 10-10-90, 12-23-90, Formerly 10-5.011(1)(a), (b), 10-5.030, Amended 4-21-10, 8-8-21.
(2) The extent to which that need will be met adequately under a proposed reduction, elimination or relocation of a service, under a proposed substantial change in admissions policies or practices, or by alternative arrangements, and the effect of the proposed change on the ability of members of medically underserved groups which have traditionally experienced difficulties in obtaining equal access to health services to obtain needed health care.
(3) The contribution of the proposed service in meeting the health needs of members of such medically underserved groups, particularly those needs identified in the applicable local health plan and State health plan as deserving of priority.
(4) In determining the extent to which a proposed service will be accessible, the following will be considered:
(a) The extent to which medically underserved individuals currently use the applicant’s services, as a proportion of the medically underserved population in the applicant’s proposed service area, and the extent to which medically underserved individuals are expected to use the proposed services, if approved,
(b) The performance of the applicant in meeting any applicable Federal regulations requiring uncompensated care, community service, or access by minorities and handicapped persons to programs receiving Federal financial assistance, including the existence of any civil rights access complaints against the applicant,
(c) The extent to which Medicare, Medicaid and medically indigent patients are served by the applicant; and,
(d) The extent to which the applicant offers a range of means by which a person will have access to its services.
(5) In any case where it is determined that an approved project does not satisfy the criteria specified in subsections (1) through (4), the Agency may, if it approves the application, impose the condition that the applicant must take affirmative steps to meet those criteria.
(6) In evaluating the accessibility of a proposed project, the accessibility of the current facility as a whole must be taken into consideration. If the proposed project is disapproved because it fails to meet the need and access criteria specified herein, the Agency will so state in its written findings.
(7) This rule is in effect for five years from its effective date.
Rulemaking Authority 408.15(8), 408.034(3), (8) FS. Law Implemented 408.035, 408.037 FS. History-New 1-1-77, Amended 11-1-77, 6-5-79, 4-24-80, 2-1-81, 4-1-82, 11-9-82, 2-14-83, 4-7-83, 6-9-83, 6-10-83, 12-12-83, 3-5-84, 5-14-84, 7-16-84, 8-30-84, 10-15-84, 12-25-84, 4-9-85, Formerly 10-5.11, Amended 6-19-86, 11-24-86, 1-25-87, 3-2-87, 3-12-87, 8-11-87, 8-7-88, 8-28-88, 9-12-88, 4-19-89, 10-19-89, 5-30-90, 7-11-90, 8-6-90, 10-10-90, 12-23-90, Formerly 10-5.011(1)(a), (b), 10-5.030, Amended 4-21-10, 8-8-21.