Health Care Facility License Requirements

How does Florida regulate and authorize licenses?   

A “license” to regulate professions and occupations means any permit, registration, certificate, or license issued in Florida. An occupational license is a privilege accorded by the state or its subdivisions to conduct a business at a particular location and is not a property right protected by substantive due process; the denial of such license does not prevent the business owner from pursuing a lawful occupation but merely stops the business from operating at a particular location. Ammons v. Okeechobee County, 710 So. 2d 641 (Fla. 4th DCA 1998).  

On July 1, 2021, the Florida Legislature passed Section 163.211 into law, which prevents any county, municipality, or other political subdivision of Florida from implementing additional licensing requirements for most occupations. Therefore, a prospective applicant only needs to satisfy state statutory requirements. 

Need help receiving, renewing, or defending your license? Schedule your consultation today with a top administrative law and licensing attorney.  

Which laws and regulations apply to Florida health care facility licenses?  

The Agency for Health Care Administration (AHCA) regulates health care facility licenses in Florida. AHCA enforces a variety of Florida and federal laws and regulations related to licensing health care facilities, which include hospitals, nursing homes, assisted living facilities, and more. 

The primary Florida statute governing health care facility licensure is Chapter 408 of the Florida Statutes, specifically Part II, which addresses health care facility licensure. Additionally, AHCA enforces regulations found in Chapter 59A of the Florida Administrative Code, which provides detailed rules for licensure, operation, and administration of health care facilities. 

Federal regulations also play a role in health care facility licensing in Florida, especially for facilities that participate in Medicare or Medicaid. These facilities must comply with regulations set forth by the Centers for Medicare and Medicaid Services (CMS), such as the Conditions of Participation for hospitals or the Requirements for Long-Term Care Facilities for nursing homes. 

What are the application and retention requirements for health care facility licenses in Florida? 

Application Requirements:

To apply for a health care facility license in Florida, an applicant must meet several criteria outlined in Chapter 408, Part II of the Florida Statutes, and Chapter 59A of the Florida Administrative Code. These requirements include the following: 

• Submitting a completed application form provided by AHCA. 
• Paying the required licensure fees. 
• Providing proof of financial ability to operate, which may include a financial statement, a letter of credit, or a surety bond. 
• Complying with local zoning and building codes. 
• Meeting the specific requirements for the type of facility, which may include staffing, physical environment, and administrative policies. 

Retention Requirements:

To maintain a health care facility license in Florida, licensees must adhere to the ongoing requirements set forth by the Florida Statutes and Administrative Code, including the following: 

• Renewing the license before its expiration, typically every two years. 
• Complying with all applicable Florida and federal laws and regulations. 
• Undergoing periodic inspections by AHCA or other designated entities to ensure continued compliance with licensure standards. 
• Reporting incidents or changes in the facility, as required by law. 
• Implementing corrective action plans upon identifying discrepancies during inspections or investigations. 

Licensees must also comply with additional requirements for their facility type or participation in Medicare or Medicaid programs. Failure to meet these ongoing requirements may result in sanctions, fines, or the loss of licensure. 

To determine whether you meet the health care facility license requirements, please contact our office to set up your initial consultation. 

Can the AHCA’s license decision be appealed?  

Yes, an adverse license decision made by the AHCA is appealable. The authority for appealing such decisions comes from the Florida Administrative Procedure Act (APA), Chapter 120 of the Florida Statutes. Specifically, the right to appeal derives from Florida Statutes §120.569 and §120.57. The APA establishes the framework for challenging agency actions, such as licensing decisions, through administrative hearings and judicial review.  

If an applicant or licensee receives an adverse decision from the AHCA, they may request an administrative hearing to challenge it. The request for a hearing must be submitted within the timeframe specified in the agency’s notice, which is generally 15 days from the date of the notice, as provided in Section 120.569(2)(a), Florida Statutes. 

The administrative hearing process commences with submitting a petition for a hearing to the agency. The petition must comply with the requirements outlined in Rule 28-106.201, Florida Administrative Code. If the petitioner qualifies for an administrative hearing, the case is referred to the Division of Administrative Hearings (DOAH) and assigned to an administrative law judge (ALJ). 

The ALJ conducts the hearing, like a trial, with both parties presenting evidence and testimony. After the hearing, the ALJ issues a recommended order, which includes findings of fact, conclusions of law, and a recommendation for a final decision. The AHCA then reviews the recommended order and issues a final order, either adopting, modifying, or rejecting the ALJ’s recommendations. 

Suppose the petitioner is unsatisfied with the AHCA’s final order. In that case, they can seek judicial review by filing a notice of appeal with the appropriate District Court of Appeal, as provided in Section 120.68, Florida Statutes. The court reviews the case to determine if the agency’s decision follows from competent, substantial evidence and complies with the law. 

Have more questions about a professional licensing-related situation?  

Crucially, this overview of health care facility licenses does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances. 

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively. 

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant. 

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.