State Codes and Statutes
Statutes > Vermont > Title-18 > Chapter-221 > 9439
§ 9439. Competing applications
(a) The commissioner shall provide by rule a process by which any person wishing to offer or develop a new health care project may submit a competing application when a substantially similar application is pending. The competing application must be filed and completed in a timely manner, and the original application and all competing applications shall be reviewed concurrently. A competing applicant shall have the same standing for administrative and judicial review under this subchapter as the original applicant.
(b) When a letter of intent to compete has been filed, the review process is suspended and the time within which a decision must be made as provided in subdivision 9440(d)(4) of this title is stayed until the competing application has been ruled complete or for a period of 55 days from the date of notification under subdivision 9440(c)(8) as to the original application, whichever is shorter.
(c) Nothing in this subchapter shall be construed to restrict the commissioner to granting a certificate of need to only one applicant for a new health care project.
(d) The commissioner may, by rule, establish regular review cycles for the addition of beds for skilled nursing or intermediate care.
(e) In the case of proposals for the addition of beds for skilled nursing or intermediate care, the commissioner shall identify in advance of the review the number of additional beds to be considered in that cycle or the maximum additional financial obligation to be incurred by the agencies of the state responsible for financing long-term care. The number of beds shall be consistent with the number of beds determined to be necessary by the health resource management plan or state health plan, whichever applies, and shall take into account the number of beds needed to develop a new, efficient facility.
(f) The commissioner shall establish, by rule, annual cycles for the review of applications for certificates under this subchapter, in addition to the review cycles for skilled nursing and intermediate care beds established under subsections (d) and (e) of this section. A review cycle may include in the same group some or all of the types of projects subject to certificate of need review. Such rules may exempt emergency applications, pursuant to subsection 9440(d) of this title. (Added 1979, No. 65, § 1; amended 1985, No. 234 (Adj. Sess.), § 6; 1987, No. 96, §§ 13, 21(b); 1991, No. 160 (Adj. Sess.), § 28, eff. May 11, 1992; 1993, No. 50, § 1; 1995, No. 180 (Adj. Sess.), §§ 28, 38(a); 2003, No. 53, §§ 14, 26; 2007, No. 139 (Adj. Sess.), § 2.)
