4003 LETTER OF INTENT AND PUBLIC NOTICE

4003.1 Before submitting a formal application for a CON, an applicant shall submit a Letter of Intent to the Director for the purposes of notifying SHPDA that an application for a CON will be forthcoming and providing SHPDA sufficient time to prepare for application review. The Letter of Intent shall contain the following information:

1. (a) The name, address, and telephone number of the applicant;
2. (b) The name of an individual authorized to respond to SHPDA staff questions regarding the application;
3. (c) The proposed location for the health care facility, health service, or other entity; and
4. (d) A brief description of the proposed health care facility, health service, or other entity, including its cost and the projected date of implementation.

4003.2 The applicant's chief executive officer or a person authorized to act on behalf of the chief executive officer shall sign the Letter of Intent.

4003.3 An applicant shall provide notice to the community of its intent to file a CON application by publishing a notice in a newspaper of general distribution within the District of Columbia that generally describes the proposed project and states that the Letter of Intent will be filed with SHPDA.

4003.4 An applicant shall submit the Letter of Intent to SHPDA at least sixty (60) days but not more than one hundred eighty (180) days before filing the application for a CON and shall include with the Letter of Intent a copy of the notice required by Section 4003.3.

4003.5 An applicant may submit an application after consulting with SHPDA staff.

4003.6 The Director shall designate a SHPDA staff member to assist the applicant upon filing of a Letter of Intent.

4003.7 If an applicant has not submitted a CON application within one hundred eighty (180) days after submitting the Letter of Intent, the Letter of Intent shall be void unless the applicant requests and receives written approval for an extension to file the CON application.

4003.8 An applicant may request one (1) extension of not more than one hundred eighty (180) days. The request shall be made in writing before the initial one hundred

eighty (180) day period expires. The Director shall respond to the request in writing and may grant an extension of one hundred eighty (180) days or less.

4003.9 SHPDA may use the period of time after receiving a Letter of Intent and before receiving a formal application for a CON to do the following:

(a) Answer inquiries concerning the requirements for a CON;

(b) Advise the applicant on appropriate joint planning with other HCFs, HMOs, and affected parties; and

(c) Advise the applicant on the involvement of other community and public agencies, providers, and consumers in the long and short--range planning of the applicant.

4003.10 SHPDA shall provide technical assistance to individuals and public and private entities for obtaining and completing the form necessary for preparing an application.

SOURCE: Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014).