4105.1 No person shall offer an institutional health service by or through an HCF that was not offered by the same HCF on a regular basis within the twelve (12) month period before the time the service would begin without first obtaining a CON.

4105.2 For purposes of this section, the term “offer a service on a regular basis” shall mean being staffed and otherwise prepared to deliver the service at all times or on a regularly scheduled basis. Inability to deliver a service as scheduled for reasons beyond the control of the provider in emergency situations of short duration shall not affect a provider’s offering of a service on a regular basis.

4105.3 A service offered “through” an HCF or an HMO includes a service that is offered to a substantial extent (as determined by SHPDA) on behalf of that institution by others and not offered physically in the institution subject to review.

4105.4 A service offered at a different facility shall not satisfy the requirement that the service has been offered on a regular basis.

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).