Note: This page is exerped from current legislative language pertaining to services that can be legally provided in Level I, Level II, and Level III neonatal units. ACHA is in the process of revising these regulations, and has asked the Florida Society of Neonatologists for input. Please comment in the discussion group section.


Neonatal Care Services: The aspect of perinatal medicine pertaining to the care of neonates. Hospital units providing neonatal care are classified by the intensity and specialization of the care which can be provided. The agency distinguishes 3 levels of neonatal care services:

  1. Level 1 Neonatal Services. Well-baby care services, which include sub-ventilation care, intravenous feedings, and gavage to neonates are defined as level 1 neonatal services. Level 1 neonatal services do not include ventilator assistance except for resuscitation and stabilization. Upon beginning ventilation, the hospital shall implement a patient treatment plan which shall include the transfer of the neonate to a Level II or a Level III intensive care service at such time as it becomes apparent that ventilation assistance will be required beyond the neonates resuscitation and stabilization. The Hospital shall establish a triage procedure for to assess the need for transfer of obstetrical patients to facilities with level II or Level III neonatal intensive care services prior to their delivery where there is an obstetrical indication that resuscitation will be required for their neonates. Facilities with Level I neonatal services may only perform Level I neonatal services.
  2. Level II Neonatal Intensive Care Services. Services which include the provision of ventilator assistance, and at least 6 hours of nursing care per day shall be defined as Level II neonatal intensive care services. Level II services shall be restricted to neonates with 1000 grams birth weight and over with the following exception. Ventilation may be provided in a facility with Level II neonatal intensive care services for neonates of less than 1000 grams birth weight only while waiting to transport the baby to a facility with Level III neonatal intensive care services. All neonates of 1000 grams birth weight or less shall be transferred to a facility with Level III neonatal intensive care services. Neonates weighing more than 1000 grams requiring one of more of the level III services, as defined in this rule, shall also be transferred to a facility with Level III neonatal intensive care services. If a facility with level III neonatal intensive care services refuses to accept the transfer patient, the facility with level II neonatal intensive care services will be found in compliance with this sub-paragraph upon a showing of continuous good faith effort to transfer the patient as documented in the patient's medical record. Facilities with level II neonatal intensive care services may perform only level 1 neonatal intensive care services, and level II neonatal intensive care services as defined in this rule.
  3. Level III Neonatal Intensive Care Services. Services which include the provision of continuous cardiopulmonary support services, 12 or more hours of nursing care per day, complex neonatal surgery*, neonatal cardiovascular surgery, pediatric neurology and neurosurgery, and pediatric cardiac catheterization shall be classified as level III neonatal intensive care services. These services cannot be performed in a facility with level II neonatal intensive care services only. Facilities with level III neonatal intensive care may perform all neonatal care services. A facility with level III neonatal intensive care services that does not provide treatment of complex major congenital anomalies that require the services of a pediatric surgeon, or a pediatric cardiac catheterization and cardiovascular surgery shall enter into a written agreement with a facility providing Level III neonatal intensive care services in the same or nearest service area for the provision of these services. All other services shall be provided at each facility with level III neonatal intensive care services. The provision of pediatric cardiac catheterization and pediatric open heart surgery each require a separate certificate of need.

* Complex Neonatal Surgery is defined in another section of the rule as: Any surgical procedure performed upon a neonate by a surgically credentialed practitioner licensed under the provisions of chapter 458 or 459, F.S., which is associated with entry into or traversing a body cavity, such as the abdomen, thorax or cranium, with a requirement for either general anesthesia or conscious sedation. Such procedures shall be performed only in hospitals licensed under the provisions of chapter 395, F.S., which are also authorized to provide level III neonatal intensive care services under the provisions of Chapter 59A-3.1200 to 3.231, F.A.C.

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