Chapter 103-A: CERTIFICATE OF NEED HEADING: PL 2001, C. 664, §2 (NEW)
§336. Simplified review and approval process
Notwithstanding the requirements set forth in section 335, the department shall conduct a simplified review and approval process in accordance with this section. [2001, c. 664, §2 (NEW).]
1. Maintenance projects. The commissioner shall issue a certificate of need for a project that primarily involves the maintenance of a health facility if the commissioner determines that the project:
A. Will result in no or a minimal additional expense to the public or to the health care facility's clients; [2001, c. 664, §2 (NEW).]
B. Will be in compliance with other applicable state and local laws and regulations; and [2001, c. 664, §2 (NEW).]
C. Will significantly improve or, in the alternative, not significantly adversely affect the health and welfare of any person currently being served by the health care facility. [2001, c. 664, §2 (NEW).]
[ 2001, c. 664, §2 (NEW) .]
2. Life safety codes; previous certificate of need. The commissioner shall issue a certificate of need for a project that is required solely to meet federal, state or local life safety codes if the project involves a health facility, major medical equipment or a new health service that has previously received a certificate of need.
[ 2001, c. 664, §2 (NEW) .]
3. Acquisition of control. The commissioner shall issue a certificate of need for a project that involves the acquisition of control of a health facility when the acquisition consists of a management agreement or similar arrangement and primarily involves the day-to-day operation of the facility in its current form if the commissioner determines that the project meets the requirements of section 335, subsection 7, paragraph B and that the project is economically feasible in light of its impact on:
A. The operating budget of the facility and the applicant; and [2001, c. 664, §2 (NEW).]
B. The applicant's ability to operate the facility without increases in the facility's rates beyond those that would otherwise occur absent the acquisition. [2001, c. 664, §2 (NEW).]
[ 2001, c. 664, §2 (NEW) .]
4. Capital expenditures. The commissioner shall issue a certificate of need for a proposed capital expenditure upon determining that:
A. The capital expenditure is required to eliminate or prevent imminent safety hazards, as defined by applicable fire, building or life safety codes and regulations; to comply with state licensure standards; or to comply with accreditation or certification standards that must be met to receive reimbursement under the United States Social Security Act, Title XVIII or payments under a state plan for medical assistance approved under Title XIX of that Act; [2001, c. 664, §2 (NEW).]
B. The economic feasibility of the project is demonstrated in terms of its effects on the operating budget of the applicant, including its existing rate structure; [2001, c. 664, §2 (NEW).]
C. There remains a public need for the service to be provided; and [2001, c. 664, §2 (NEW).]
D. The corrective action proposed by the applicant is the most cost-effective alternative available under the circumstances. [2001, c. 664, §2 (NEW).]
[ 2001, c. 664, §2 (NEW) .]
5. Major medical equipment. The commissioner shall issue a certificate of need for replacement of major medical equipment that is not otherwise exempt from review pursuant to section 329, subsection 2-A, paragraph B, subparagraph (1) upon determining that a project meets the requirements of section 335, subsection 7.
Chapter 103-A: CERTIFICATE OF NEED HEADING: PL 2001, C. 664, §2 (NEW)
§336. Simplified review and approval process
Notwithstanding the requirements set forth in section 335, the department shall conduct a simplified review and approval process in accordance with this section. [2001, c. 664, §2 (NEW).]
1. Maintenance projects. The commissioner shall issue a certificate of need for a project that primarily involves the maintenance of a health facility if the commissioner determines that the project:
A. Will result in no or a minimal additional expense to the public or to the health care facility's clients; [2001, c. 664, §2 (NEW).]
B. Will be in compliance with other applicable state and local laws and regulations; and [2001, c. 664, §2 (NEW).]
C. Will significantly improve or, in the alternative, not significantly adversely affect the health and welfare of any person currently being served by the health care facility. [2001, c. 664, §2 (NEW).]
[ 2001, c. 664, §2 (NEW) .]
2. Life safety codes; previous certificate of need. The commissioner shall issue a certificate of need for a project that is required solely to meet federal, state or local life safety codes if the project involves a health facility, major medical equipment or a new health service that has previously received a certificate of need.
[ 2001, c. 664, §2 (NEW) .]
3. Acquisition of control. The commissioner shall issue a certificate of need for a project that involves the acquisition of control of a health facility when the acquisition consists of a management agreement or similar arrangement and primarily involves the day-to-day operation of the facility in its current form if the commissioner determines that the project meets the requirements of section 335, subsection 7, paragraph B and that the project is economically feasible in light of its impact on:
A. The operating budget of the facility and the applicant; and [2001, c. 664, §2 (NEW).]
B. The applicant's ability to operate the facility without increases in the facility's rates beyond those that would otherwise occur absent the acquisition. [2001, c. 664, §2 (NEW).]
[ 2001, c. 664, §2 (NEW) .]
4. Capital expenditures. The commissioner shall issue a certificate of need for a proposed capital expenditure upon determining that:
A. The capital expenditure is required to eliminate or prevent imminent safety hazards, as defined by applicable fire, building or life safety codes and regulations; to comply with state licensure standards; or to comply with accreditation or certification standards that must be met to receive reimbursement under the United States Social Security Act, Title XVIII or payments under a state plan for medical assistance approved under Title XIX of that Act; [2001, c. 664, §2 (NEW).]
B. The economic feasibility of the project is demonstrated in terms of its effects on the operating budget of the applicant, including its existing rate structure; [2001, c. 664, §2 (NEW).]
C. There remains a public need for the service to be provided; and [2001, c. 664, §2 (NEW).]
D. The corrective action proposed by the applicant is the most cost-effective alternative available under the circumstances. [2001, c. 664, §2 (NEW).]
[ 2001, c. 664, §2 (NEW) .]
5. Major medical equipment. The commissioner shall issue a certificate of need for replacement of major medical equipment that is not otherwise exempt from review pursuant to section 329, subsection 2-A, paragraph B, subparagraph (1) upon determining that a project meets the requirements of section 335, subsection 7.
Chapter 103-A: CERTIFICATE OF NEED HEADING: PL 2001, C. 664, §2 (NEW)
§336. Simplified review and approval process
Notwithstanding the requirements set forth in section 335, the department shall conduct a simplified review and approval process in accordance with this section. [2001, c. 664, §2 (NEW).]
1. Maintenance projects. The commissioner shall issue a certificate of need for a project that primarily involves the maintenance of a health facility if the commissioner determines that the project:
A. Will result in no or a minimal additional expense to the public or to the health care facility's clients; [2001, c. 664, §2 (NEW).]
B. Will be in compliance with other applicable state and local laws and regulations; and [2001, c. 664, §2 (NEW).]
C. Will significantly improve or, in the alternative, not significantly adversely affect the health and welfare of any person currently being served by the health care facility. [2001, c. 664, §2 (NEW).]
[ 2001, c. 664, §2 (NEW) .]
2. Life safety codes; previous certificate of need. The commissioner shall issue a certificate of need for a project that is required solely to meet federal, state or local life safety codes if the project involves a health facility, major medical equipment or a new health service that has previously received a certificate of need.
[ 2001, c. 664, §2 (NEW) .]
3. Acquisition of control. The commissioner shall issue a certificate of need for a project that involves the acquisition of control of a health facility when the acquisition consists of a management agreement or similar arrangement and primarily involves the day-to-day operation of the facility in its current form if the commissioner determines that the project meets the requirements of section 335, subsection 7, paragraph B and that the project is economically feasible in light of its impact on:
A. The operating budget of the facility and the applicant; and [2001, c. 664, §2 (NEW).]
B. The applicant's ability to operate the facility without increases in the facility's rates beyond those that would otherwise occur absent the acquisition. [2001, c. 664, §2 (NEW).]
[ 2001, c. 664, §2 (NEW) .]
4. Capital expenditures. The commissioner shall issue a certificate of need for a proposed capital expenditure upon determining that:
A. The capital expenditure is required to eliminate or prevent imminent safety hazards, as defined by applicable fire, building or life safety codes and regulations; to comply with state licensure standards; or to comply with accreditation or certification standards that must be met to receive reimbursement under the United States Social Security Act, Title XVIII or payments under a state plan for medical assistance approved under Title XIX of that Act; [2001, c. 664, §2 (NEW).]
B. The economic feasibility of the project is demonstrated in terms of its effects on the operating budget of the applicant, including its existing rate structure; [2001, c. 664, §2 (NEW).]
C. There remains a public need for the service to be provided; and [2001, c. 664, §2 (NEW).]
D. The corrective action proposed by the applicant is the most cost-effective alternative available under the circumstances. [2001, c. 664, §2 (NEW).]
[ 2001, c. 664, §2 (NEW) .]
5. Major medical equipment. The commissioner shall issue a certificate of need for replacement of major medical equipment that is not otherwise exempt from review pursuant to section 329, subsection 2-A, paragraph B, subparagraph (1) upon determining that a project meets the requirements of section 335, subsection 7.
