§ 408.031 Short title
§ 408.032 Definitions relating to Health Facility and Services Development Act
§ 408.033 Local and state health planning
§ 408.034 Duties and responsibilities of agency; rules
§ 408.035 Review criteria
§ 408.036 Projects subject to review; exemptions
§ 408.037 Application content
§ 408.038 Fees
§ 408.039 Review process
§ 408.040 Conditions and monitoring
§ 408.041 Certificate of need required; penalties
§ 408.042 Limitation on transfer
§ 408.043 Special provisions
§ 408.044 Injunction
§ 408.045 Certificate of need; competitive sealed proposals
§ 408.0455 Rules; pending proceedings
§ 408.05 Florida Center for Health Information and Transparency
§ 408.051 Florida Electronic Health Records Exchange Act
§ 408.0511 Exemption from antitrust laws for persons or entities required to submit, receive, or publish data under ch. 2016-234
§ 408.0512 Electronic health records system adoption loan program
§ 408.061 Data collection; uniform systems of financial reporting; information relating to physician charges; confidential information; immunity
§ 408.0611 Electronic prescribing clearinghouse
§ 408.062 Research, analyses, studies, and reports
§ 408.0621 Blood clot and pulmonary embolism policy workgroup
§ 408.063 Dissemination of health care information
§ 408.064 Direct care worker education and awareness
§ 408.07 Definitions
§ 408.08 Inspections and audits; violations; penalties; fines; enforcement
§ 408.09 Assistance on cost containment strategies
§ 408.10 Consumer complaints
§ 408.15 Powers of the agency
§ 408.16 Health Care Trust Fund; moneys to be deposited therein
§ 408.18 Health Care Community Antitrust Guidance Act; antitrust no-action letter; market-information collection and education
§ 408.185 Information submitted for review of antitrust issues; confidentiality
§ 408.20 Assessments; Health Care Trust Fund
§ 408.301 Legislative findings
§ 408.302 Interagency agreement
§ 408.40 Public Counsel
§ 408.50 Prospective payment arrangements
§ 408.70 Health care; managed competition; legislative findings and intent
§ 408.7057 Statewide provider and health plan claim dispute resolution program
§ 408.7071 Standardized claim form

Terms Used In Florida Statutes > Chapter 408 > Part I - Health Facility and Services Planning

  • Accepted: means that the agency has found that a report or data submitted by a health care facility or a health care provider contains all schedules and data required by the agency and has been prepared in the format specified by the agency, and otherwise conforms to applicable rule or Florida Hospital Uniform Reporting System manual requirements regarding reports in effect at the time such report was submitted, and the data are mathematically reasonable and accurate. See Florida Statutes 408.07
  • Adjusted admission: means the sum of acute and intensive care admissions divided by the ratio of inpatient revenues generated from acute, intensive, ambulatory, and ancillary patient services to gross revenues. See Florida Statutes 408.07
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means the Agency for Health Care Administration. See Florida Statutes 408.07
  • Alcohol or chemical dependency treatment center: means an organization licensed under chapter 397. See Florida Statutes 408.07
  • Ambulatory care center: means an organization which employs or contracts with licensed health care professionals to provide diagnosis or treatment services predominantly on a walk-in basis and the organization holds itself out as providing care on a walk-in basis. See Florida Statutes 408.07
  • Ambulatory surgical center: means a facility licensed as an ambulatory surgical center under chapter 395. See Florida Statutes 408.07
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Birth center: means an organization licensed under…. See Florida Statutes 408.07
  • Cardiac catheterization laboratory: means a freestanding facility that employs or contracts with licensed health care professionals to provide diagnostic or therapeutic services for cardiac conditions such as cardiac catheterization or balloon angioplasty. See Florida Statutes 408.07
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means any person other than a person who administers health activities, is a member of the governing body of a health care facility, provides health services, has a fiduciary interest in a health facility or other health agency or its affiliated entities, or has a material financial interest in the rendering of health services. See Florida Statutes 408.07
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing care facility: means a facility licensed under chapter 651. See Florida Statutes 408.07
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Critical access hospital: means a hospital that meets the definition of "critical access hospital" in…. See Florida Statutes 408.07
  • Cross-subsidization: means that the revenues from one type of hospital service are sufficiently higher than the costs of providing such service as to offset some of the costs of providing another type of service in the hospital. See Florida Statutes 408.07
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • deductions from revenue: means reductions from gross revenue resulting from inability to collect payment of charges. See Florida Statutes 408.07
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Diagnostic-imaging center: means a freestanding outpatient facility that provides specialized services for the diagnosis of a disease by examination and also provides radiological services. See Florida Statutes 408.07
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Freestanding: means that a health facility bills and receives revenue which is not directly subject to the hospital assessment for the Public Medical Assistance Trust Fund as described in…. See Florida Statutes 408.07
  • Freestanding radiation therapy center: means a facility where treatment is provided through the use of radiation therapy machines that are registered under…. See Florida Statutes 408.07
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gross revenue: means the sum of daily hospital service charges, ambulatory service charges, ancillary service charges, and other operating revenue. See Florida Statutes 408.07
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care facility: means an ambulatory surgical center, a hospice, a nursing home, a hospital, a diagnostic-imaging center, a freestanding or hospital-based therapy center, a clinical laboratory, a home health agency, a cardiac catheterization laboratory, a medical equipment supplier, an alcohol or chemical dependency treatment center, a physical rehabilitation center, a lithotripsy center, an ambulatory care center, a birth center, or a nursing home component licensed under chapter 400 within a continuing care facility licensed under chapter 651. See Florida Statutes 408.07
  • Health care provider: means a health care professional licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 463, chapter 464, chapter 465, chapter 466, part I, part III, part IV, part V, or part X of chapter 468, chapter 483, chapter 484, chapter 486, chapter 490, or chapter 491. See Florida Statutes 408.07
  • Health insurer: means any insurance company authorized to transact health insurance in the state, any insurance company authorized to transact health insurance or casualty insurance in the state that is offering a minimum premium plan or stop-loss coverage for any person or entity providing health care benefits, any self-insurance plan as defined in…. See Florida Statutes 408.07
  • Home health agency: means an organization licensed under part III of chapter 400. See Florida Statutes 408.07
  • Hospice: means an organization licensed under part IV of chapter 400. See Florida Statutes 408.07
  • Hospital: means a health care institution licensed by the Agency for Health Care Administration as a hospital under chapter 395. See Florida Statutes 408.07
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lithotripsy center: means a freestanding facility that employs or contracts with licensed health care professionals to provide diagnosis or treatment services using electro-hydraulic shock waves. See Florida Statutes 408.07
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local health council: means the agency defined in…. See Florida Statutes 408.07
  • Market basket index: means the Florida hospital input price index (FHIPI), which is a statewide market basket index used to measure inflation in hospital input prices weighted for the Florida-specific experience which uses multistate regional and state-specific price measures, when available. See Florida Statutes 408.07
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Medical equipment supplier: means an organization that provides medical equipment and supplies used by health care providers and health care facilities in the diagnosis or treatment of disease. See Florida Statutes 408.07
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • New hospital: means a hospital in its initial year of operation as a licensed hospital and does not include any facility which has been in existence as a licensed hospital, regardless of changes in ownership, for over 1 calendar year. See Florida Statutes 408.07
  • Nursing home: means a facility licensed under…. See Florida Statutes 408.07
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Operating expenses: means total expenses excluding income taxes. See Florida Statutes 408.07
  • Other operating revenue: means all revenue generated from hospital operations other than revenue directly associated with patient care. See Florida Statutes 408.07
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Personal property: All property that is not real property.
  • Physical rehabilitation center: means an organization that employs or contracts with health care professionals licensed under part I or part III of chapter 468 or chapter 486 to provide speech, occupational, or physical therapy services on an outpatient or ambulatory basis. See Florida Statutes 408.07
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Prospective payment arrangement: means a financial agreement negotiated between a hospital and an insurer, health maintenance organization, preferred provider organization, or other third-party payor which contains, at a minimum, the elements provided for in…. See Florida Statutes 408.07
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Rural hospital: means an acute care hospital licensed under chapter 395, having 100 or fewer licensed beds and an emergency room, and which is:
    (a) The sole provider within a county with a population density of no greater than 100 persons per square mile;
    (b) An acute care hospital, in a county with a population density of no greater than 100 persons per square mile, which is at least 30 minutes of travel time, on normally traveled roads under normal traffic conditions, from another acute care hospital within the same county;
    (c) A hospital supported by a tax district or subdistrict whose boundaries encompass a population of 100 persons or fewer per square mile;
    (d) A hospital with a service area that has a population of 100 persons or fewer per square mile. See Florida Statutes 408.07
  • service area: means the fewest number of zip codes that account for 75 percent of the hospital's discharges for the most recent 5-year period, based on information available from the hospital inpatient discharge database in the Florida Center for Health Information and Transparency at the Agency for Health Care Administration; or
(e) A critical access hospital. See Florida Statutes 408.07
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Special study: means a nonrecurring data-gathering and analysis effort designed to aid the agency in meeting its responsibilities pursuant to this chapter. See Florida Statutes 408.07
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01