Certificate of need granted, when--forfeiture, grounds--applicationfor certificate, fee--certificate not required, when.
197.315. 1. Any person who proposes to develop or offer a newinstitutional health service within the state must obtain a certificate ofneed from the committee prior to the time such services are offered.
2. Only those new institutional health services which are found bythe committee to be needed shall be granted a certificate of need. Onlythose new institutional health services which are granted certificates ofneed shall be offered or developed within the state. No expenditures fornew institutional health services in excess of the applicable expenditureminimum shall be made by any person unless a certificate of need has beengranted.
3. After October 1, 1980, no state agency charged by statute tolicense or certify health care facilities shall issue a license to orcertify any such facility, or distinct part of such facility, that isdeveloped without obtaining a certificate of need.
4. If any person proposes to develop any new institutional healthcare service without a certificate of need as required by sections 197.300to 197.366, the committee shall notify the attorney general, and he shallapply for an injunction or other appropriate legal action in any court ofthis state against that person.
5. After October 1, 1980, no agency of state government mayappropriate or grant funds to or make payment of any funds to any person orhealth care facility which has not first obtained every certificate of needrequired pursuant to sections 197.300 to 197.366.
6. A certificate of need shall be issued only for the premises andpersons named in the application and is not transferable except by consentof the committee.
7. Project cost increases, due to changes in the project applicationas approved or due to project change orders, exceeding the initial estimateby more than ten percent shall not be incurred without consent of thecommittee.
8. Periodic reports to the committee shall be required of anyapplicant who has been granted a certificate of need until the project hasbeen completed. The committee may order the forfeiture of the certificateof need upon failure of the applicant to file any such report.
9. A certificate of need shall be subject to forfeiture for failureto incur a capital expenditure on any approved project within six monthsafter the date of the order. The applicant may request an extension fromthe committee of not more than six additional months based upon substantialexpenditure made.
10. Each application for a certificate of need must be accompanied byan application fee. The time of filing commences with the receipt of theapplication and the application fee. The application fee is one thousanddollars, or one-tenth of one percent of the total cost of the proposedproject, whichever is greater. All application fees shall be deposited inthe state treasury. Because of the loss of federal funds, the generalassembly will appropriate funds to the Missouri health facilities reviewcommittee.
11. In determining whether a certificate of need should be granted,no consideration shall be given to the facilities or equipment of any otherhealth care facility located more than a fifteen-mile radius from theapplying facility.
12. When a nursing facility shifts from a skilled to an* intermediatelevel of nursing care, it may return to the higher level of care if itmeets the licensure requirements, without obtaining a certificate of need.
13. In no event shall a certificate of need be denied because theapplicant refuses to provide abortion services or information.
14. A certificate of need shall not be required for the transfer ofownership of an existing and operational health facility in its entirety.
15. A certificate of need may be granted to a facility for anexpansion, an addition of services, a new institutional service, or for anew hospital facility which provides for something less than that which wassought in the application.
16. The provisions of this section shall not apply to facilitiesoperated by the state, and appropriation of funds to such facilities by thegeneral assembly shall be deemed in compliance with this section, and suchfacilities shall be deemed to have received an appropriate certificate ofneed without payment of any fee or charge.
17. Notwithstanding other provisions of this section, a certificateof need may be issued after July 1, 1983, for an intermediate care facilityoperated exclusively for the mentally retarded.
18. To assure the safe, appropriate, and cost-effective transfer ofnew medical technology throughout the state, a certificate of need shallnot be required for the purchase and operation of research equipment thatis to be used in a clinical trial that has received written approval from aduly constituted institutional review board of an accredited school ofmedicine or osteopathy located in Missouri to establish its safety andefficacy and does not increase the bed complement of the institution inwhich the equipment is to be located. After the clinical trial has beencompleted, a certificate of need must be obtained for continued use in suchfacility.
Certificate of need granted, when--forfeiture, grounds--applicationfor certificate, fee--certificate not required, when.
197.315. 1. Any person who proposes to develop or offer a newinstitutional health service within the state must obtain a certificate ofneed from the committee prior to the time such services are offered.
2. Only those new institutional health services which are found bythe committee to be needed shall be granted a certificate of need. Onlythose new institutional health services which are granted certificates ofneed shall be offered or developed within the state. No expenditures fornew institutional health services in excess of the applicable expenditureminimum shall be made by any person unless a certificate of need has beengranted.
3. After October 1, 1980, no state agency charged by statute tolicense or certify health care facilities shall issue a license to orcertify any such facility, or distinct part of such facility, that isdeveloped without obtaining a certificate of need.
4. If any person proposes to develop any new institutional healthcare service without a certificate of need as required by sections 197.300to 197.366, the committee shall notify the attorney general, and he shallapply for an injunction or other appropriate legal action in any court ofthis state against that person.
5. After October 1, 1980, no agency of state government mayappropriate or grant funds to or make payment of any funds to any person orhealth care facility which has not first obtained every certificate of needrequired pursuant to sections 197.300 to 197.366.
6. A certificate of need shall be issued only for the premises andpersons named in the application and is not transferable except by consentof the committee.
7. Project cost increases, due to changes in the project applicationas approved or due to project change orders, exceeding the initial estimateby more than ten percent shall not be incurred without consent of thecommittee.
8. Periodic reports to the committee shall be required of anyapplicant who has been granted a certificate of need until the project hasbeen completed. The committee may order the forfeiture of the certificateof need upon failure of the applicant to file any such report.
9. A certificate of need shall be subject to forfeiture for failureto incur a capital expenditure on any approved project within six monthsafter the date of the order. The applicant may request an extension fromthe committee of not more than six additional months based upon substantialexpenditure made.
10. Each application for a certificate of need must be accompanied byan application fee. The time of filing commences with the receipt of theapplication and the application fee. The application fee is one thousanddollars, or one-tenth of one percent of the total cost of the proposedproject, whichever is greater. All application fees shall be deposited inthe state treasury. Because of the loss of federal funds, the generalassembly will appropriate funds to the Missouri health facilities reviewcommittee.
11. In determining whether a certificate of need should be granted,no consideration shall be given to the facilities or equipment of any otherhealth care facility located more than a fifteen-mile radius from theapplying facility.
12. When a nursing facility shifts from a skilled to an* intermediatelevel of nursing care, it may return to the higher level of care if itmeets the licensure requirements, without obtaining a certificate of need.
13. In no event shall a certificate of need be denied because theapplicant refuses to provide abortion services or information.
14. A certificate of need shall not be required for the transfer ofownership of an existing and operational health facility in its entirety.
15. A certificate of need may be granted to a facility for anexpansion, an addition of services, a new institutional service, or for anew hospital facility which provides for something less than that which wassought in the application.
16. The provisions of this section shall not apply to facilitiesoperated by the state, and appropriation of funds to such facilities by thegeneral assembly shall be deemed in compliance with this section, and suchfacilities shall be deemed to have received an appropriate certificate ofneed without payment of any fee or charge.
17. Notwithstanding other provisions of this section, a certificateof need may be issued after July 1, 1983, for an intermediate care facilityoperated exclusively for the mentally retarded.
18. To assure the safe, appropriate, and cost-effective transfer ofnew medical technology throughout the state, a certificate of need shallnot be required for the purchase and operation of research equipment thatis to be used in a clinical trial that has received written approval from aduly constituted institutional review board of an accredited school ofmedicine or osteopathy located in Missouri to establish its safety andefficacy and does not increase the bed complement of the institution inwhich the equipment is to be located. After the clinical trial has beencompleted, a certificate of need must be obtained for continued use in suchfacility.
Certificate of need granted, when--forfeiture, grounds--applicationfor certificate, fee--certificate not required, when.
197.315. 1. Any person who proposes to develop or offer a newinstitutional health service within the state must obtain a certificate ofneed from the committee prior to the time such services are offered.
2. Only those new institutional health services which are found bythe committee to be needed shall be granted a certificate of need. Onlythose new institutional health services which are granted certificates ofneed shall be offered or developed within the state. No expenditures fornew institutional health services in excess of the applicable expenditureminimum shall be made by any person unless a certificate of need has beengranted.
3. After October 1, 1980, no state agency charged by statute tolicense or certify health care facilities shall issue a license to orcertify any such facility, or distinct part of such facility, that isdeveloped without obtaining a certificate of need.
4. If any person proposes to develop any new institutional healthcare service without a certificate of need as required by sections 197.300to 197.366, the committee shall notify the attorney general, and he shallapply for an injunction or other appropriate legal action in any court ofthis state against that person.
5. After October 1, 1980, no agency of state government mayappropriate or grant funds to or make payment of any funds to any person orhealth care facility which has not first obtained every certificate of needrequired pursuant to sections 197.300 to 197.366.
6. A certificate of need shall be issued only for the premises andpersons named in the application and is not transferable except by consentof the committee.
7. Project cost increases, due to changes in the project applicationas approved or due to project change orders, exceeding the initial estimateby more than ten percent shall not be incurred without consent of thecommittee.
8. Periodic reports to the committee shall be required of anyapplicant who has been granted a certificate of need until the project hasbeen completed. The committee may order the forfeiture of the certificateof need upon failure of the applicant to file any such report.
9. A certificate of need shall be subject to forfeiture for failureto incur a capital expenditure on any approved project within six monthsafter the date of the order. The applicant may request an extension fromthe committee of not more than six additional months based upon substantialexpenditure made.
10. Each application for a certificate of need must be accompanied byan application fee. The time of filing commences with the receipt of theapplication and the application fee. The application fee is one thousanddollars, or one-tenth of one percent of the total cost of the proposedproject, whichever is greater. All application fees shall be deposited inthe state treasury. Because of the loss of federal funds, the generalassembly will appropriate funds to the Missouri health facilities reviewcommittee.
11. In determining whether a certificate of need should be granted,no consideration shall be given to the facilities or equipment of any otherhealth care facility located more than a fifteen-mile radius from theapplying facility.
12. When a nursing facility shifts from a skilled to an* intermediatelevel of nursing care, it may return to the higher level of care if itmeets the licensure requirements, without obtaining a certificate of need.
13. In no event shall a certificate of need be denied because theapplicant refuses to provide abortion services or information.
14. A certificate of need shall not be required for the transfer ofownership of an existing and operational health facility in its entirety.
15. A certificate of need may be granted to a facility for anexpansion, an addition of services, a new institutional service, or for anew hospital facility which provides for something less than that which wassought in the application.
16. The provisions of this section shall not apply to facilitiesoperated by the state, and appropriation of funds to such facilities by thegeneral assembly shall be deemed in compliance with this section, and suchfacilities shall be deemed to have received an appropriate certificate ofneed without payment of any fee or charge.
17. Notwithstanding other provisions of this section, a certificateof need may be issued after July 1, 1983, for an intermediate care facilityoperated exclusively for the mentally retarded.
18. To assure the safe, appropriate, and cost-effective transfer ofnew medical technology throughout the state, a certificate of need shallnot be required for the purchase and operation of research equipment thatis to be used in a clinical trial that has received written approval from aduly constituted institutional review board of an accredited school ofmedicine or osteopathy located in Missouri to establish its safety andefficacy and does not increase the bed complement of the institution inwhich the equipment is to be located. After the clinical trial has beencompleted, a certificate of need must be obtained for continued use in suchfacility.
