PURPOSE: This rule describes the process for making decisions on Certificate of Need (CON) applications in the CON review process.

1. (1) Decisions on full Certificate of Need

2. (CON) applications and contested expedited applications shall be subject to the following:

   1. (A) Parliamentary procedures for all meetings shall follow Robert’s Rules of Order, newly revised 1990 edition, 9th edition.
   2. (B) The Certificate of Need Program’s analysis becomes the findings of fact for the Missouri Health Facilities Review Committee (committee) decision except to the extent that it is expressly rejected, amended or replaced by the committee in which case the minutes of the committee will contain the changes and become the amended findings of fact of the committee. The committee’s final vote becomes conclusion of law.
   3. (C) A final decision is rendered on any application after each committee member present is given the opportunity to vote and the chair announces the passage or defeat of the motion on the floor. The chair or acting chair shall vote only in case of a tie.

3. (2) Decisions on expedited CON applications shall be subject to the following:

   1. (A) In the case of qualifying expedited review applications, committee members will SENIOR SERVICES

receive a ballot in addition to the written analysis. Members may vote either to approve the application or to have it placed on the next formal meeting agenda for consideration.

1. (B) Ballots may be returned to the CON office by either mail, e-mail, or fax, but must be received within ten (10) days from the date they were mailed to committee members.
2. (C) A final decision to approve the application will be rendered if all ballots received by the cut-off date (at least five (5) ballots are required) signifying a vote to approve the project. If the vote is not unanimous, the application will be subject to the provisions of section (1) of this rule.

1. (3) The committee shall make a decision on an application within one hundred thirty
2. (130) calendar days after the date the application is filed, and subsequently notify the applicant by providing either a legal certificate or denial letter.

AUTHORITY: section 197.320, RSMo 2000.* Original rule filed June 2, 1994, effective Nov. 30, 1994. Emergency rescission and rule filed Aug. 29, 1997, effective Sept. 8, 1997, expired March 6, 1998. Rescinded and readopted: Filed Aug. 29, 1997, effective March 30, 1998. Emergency rescission and rule filed Dec. 14, 2001, effective Jan. 1, 2002, expired June 29, 2002. Rescinded and readopted: Filed Dec. 14, 2001, effective June 30, 2002.

*Original authority: 197.320, RSMo 1979, amended 1993, 1995, 1999.