1. (a) The department will only consider an application for certificate of need from a health care facility if the health care facility meets each of the following standards:

   1. (1) the facility is a health care facility as defined in AS 18.07.111;

   2. (2) the facility

      1. (A) would be required to obtain a license after completion of the construction or to operate the facility under AS 47.32; or
      2. (B) is an independent diagnostic testing facility or a kidney disease treatment center, including a freestanding hemodialysis unit;
   3. (3) the facility is located or providing services in the state.

2. (b) To evaluate whether a health care facility is an office of private physicians or dentists to be excluded as a health care facility under AS 18.07.111, the department will consider that the office qualifies for the exclusion only if

   1. (1) the business and all business assets are 100 percent owned by one or more physicians licensed under AS 08.64 or one or more dentists licensed under AS 08.36;
   2. (2) the office is not otherwise a health care facility;
   3. (3) the business provides assessment, diagnosis, and treatment to patients on an ongoing basis; and
   4. (4) the business holds a valid business license under AS 43.70.

(Eff. 8/11/2010, Register 195)

Authority: AS 18.07.031, AS 18.07.101