§323D-44  Applications for certificates of
need.  (a)  An applicant for a certificate of need shall file an
application with the state agency.  The state agency shall provide technical
assistance to the applicant in the preparation and filing of the application.



Each application shall include a statement
evaluating the facility's or service's probable impact on health care costs and
providing additional data as required by rule.  The statement shall include
cost projections for at least the first and third years after its approval.



The state agency shall not accept an
application for review until the application is complete and includes all
necessary information required by the state agency.  The state agency shall
determine if the application is complete within thirty days of receipt of the
application.  If the state agency determines that the application is
incomplete, the state agency shall inform the applicant of the additional
information that is required to complete the application.  When the state agency
determines that the application is complete, the period for agency review
described in subsection (b) shall begin, and the state agency shall transmit
the completed application to the appropriate subarea councils, the review
panel, the statewide council, appropriate individuals, and appropriate public
agencies.  The state agency may require the applicant to provide copies of the
application to the state agency, the appropriate subarea councils, the review
panel, the statewide council, appropriate individuals, and appropriate public
agencies.  If, during the period for agency review, the state agency requires
the applicant to submit information respecting the subject of the review, the
period for agency review shall, at the request of the applicant, be extended
fifteen days.



(b)  The state agency shall issue a decision on
the application within ninety days after the beginning of the period for agency
review, unless the state agency within the ninety days notifies the applicant
in writing that the period for agency review has been extended by the state
agency sixty days beyond the ninety days.  The decision shall be subject to
post-decision review procedures which the state agency may provide for by rules
adopted in conformity with chapter 91.



(c)  The state agency may adopt rules in
conformity with chapter 91 for the issuance of certificates of need for those
applications for which the procedures in section 323D-45 would be infeasible
because of an emergency situation or other unusual circumstances.



(d)  Notwithstanding anything to the contrary
in subsections (a) and (b), the state agency may adopt rules in conformity with
chapter 91 providing that all completed applications pertaining to similar
types of services, facilities, or equipment affecting the same health service
area shall be considered in relation to each other but no less often than twice
a year. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L 1980, c 75,
§13; am L 1982, c 245, §4; am L 1984, c 267, §10; am L 1997, c 336, §9]