Certificate of Need Healthcare Facility Approval Information
What requires a CON: building a new hospital, adding hospital beds, offering certain specialized services (cardiac surgery, organ transplantation, and neonatal intensive care), purchasing major medical equipment above a cost threshold, and converting existing facilities to: different types of healthcare services. Purpose: preventing excess capacity (unnecessary duplication of expensive healthcare services), controlling healthcare costs (excess capacity drives up costs), ensuring access (distributing healthcare resources to: underserved areas), and maintaining quality (concentrating specialized services in: facilities with sufficient volume to maintain expertise). Review process: the applicant files a CON application, the state agency reviews the application (considering: need, financial feasibility, quality, and community impact), a public hearing may be held, and the agency approves or denies the application.
Florida Legal Definition
Certificate of need in Florida is governed by Florida Statutes §408.031-§408.045 (Health Facility and Services Development Act). Under §408.036: a CON is required for: specified types of healthcare projects (new hospitals, additional beds, and certain specialized services). Under §408.035: the CON review criteria include: need (the need for the proposed project in the district), financial feasibility (the project is financially viable), quality of care (the project will maintain quality), and access (the project will improve access to healthcare). Under Florida practice: the CON process is: competitive (multiple applicants may: compete for a limited number of approved projects). Under Florida practice: CON denials may be: appealed to an administrative law judge.
How It's Used in Practice
Attorneys manage CON applications. For applicants: prepare a comprehensive application (demonstrating need, financial feasibility, and quality), engage healthcare planning experts, present evidence at the public hearing, and appeal denials if appropriate. For opponents: challenge the applicant's demonstration of need, argue the project is financially infeasible, present evidence of existing capacity, and participate in the review process. The attorney advises: the CON process is complex and competitive; prepare a thorough application; engage healthcare planning experts; appeal denials promptly; the criteria focus on: need, feasibility, quality, and access.
Key Takeaways
- §408.031-§408.045: FL certificate of need.
- Required for: new hospitals, beds, and specialized services.
- Criteria: need, financial feasibility, quality, and access.
- Competitive process; multiple applicants may compete.
- Denials may be appealed to ALJ.
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC