33-09-03-03. Types of review - Procedures.

1. Full review. A full review must be conducted of each proposal found subject under North Dakota Century Code section 23-17.2-03, unless the proposal is found eligible for a special review under provisions of subsection 2 of this section. a. Completed applications must be submitted to the department. Each application must be accompanied by a fee payable to the North Dakota state department of health as prescribed by North Dakota Century Code section 23-17.2-09.

b. Applications received with appropriate fee will be reviewed for completeness by the department within fifteen working days of receipt. Each application must address the state health plan, each of the criteria for review and each of the policy issues stated in section 33-09-03-04, and must include documentation of assertions found in the application. Submissions of requested additional information will be reviewed for completeness within fifteen working days of receipt. The department must deem the application complete or request necessary additional information from the applicant by the fifteenth working day. Such additional information must include documentation of assertions found in the application. No information may be required of an applicant which is not reasonably related to the state health plan, criteria for review, or policy issues specified in section 33-09-03-04 and necessary to perform review of the application.

c. Written notice that an application has been deemed complete will be provided to the applicant and must be published in one or more newspapers of general circulation within the affected service area. The notice must include:

(1) The name and address of the applicant, and a description of the proposal and its estimated costs.

(2) The proposed schedule for review.

(3) The time and manner by which affected persons may request an informal local hearing to provide additional information concerning the application.

(4) The date of notice shall be the date of earliest publication or fourteen days following the date on which the application is deemed complete, whichever comes first.

d. The department will have ninety days from the date of notice of completeness to conduct a review of the application based on criteria specified in section 33-09-03-04. The ninety-day-review period may be extended with concurrence of the applicant and the department. Recommendations of the department will be communicated to the applicant and to the health council.

e. The health council may, at its option for the purpose of simultaneous consideration of like applications, delay consideration of certain applications. In such circumstances, the health council shall specify to the applicant a date certain by which the application will be considered. In no case will the health council cause consideration of any application to be delayed more than one hundred eighty days without the consent of the applicant.

f. The health council will, except in cases described in subdivision e of subsection 1 of section 33-09-03-03, make its determination at the next scheduled meeting following completion of the department's review. The department will cause the determination and the basis for the determination to be communicated to the applicant in writing. This communication will be made within five working days of the date of determination. Written notice of the determination must be published in one or more newspapers of general circulation within the affected service area. The notice must include:

(1) The name and address of the applicant and a description of the proposal and its proposed costs.

(2) The determination of the health council.

(3) The time and manner by which affected persons may request a hearing conducted under North Dakota Century Code chapters 28-32 and 23-17.2 for reconsideration of the health council's determination.

1. (4) The manner in which additional information concerning the application or the reconsideration process may be obtained.
2. (5) Affected persons will have a minimum of fifteen days to respond following earliest publication of the notice.2. Special review. The department may issue, but not deny, certificates of need for proposals which qualify. Special reviews will be conducted based on information obtained through the notification of intent form and any supplemental information required by the department to verify qualification under the following circumstances:- a. Emergency or circumstances beyond the control of the applicant.
3. b. Elimination or prevention of imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes, rules, or regulations.
4. c. Compliance with state licensure, accreditation, or federal certification standards or building requirements for handicapped accessibility required to continue reimbursement for existing services under title XVIII or title XIX of the Social Security Act, or under North Dakota Century Code chapters 50-01 or 50-06.
5. d. Cost overruns experienced in implementation of a proposal which exceed by ten percent or more the capital expenditure approved and specified in any certificate of need and which are not precipitated by a change in the scope of the project.
6. e. Projects mandated by state law, with need established through the legislative process as indicated by the appropriation of funds for implementation.
7. f. Acquisition and installation of replacement equipment if the equipment to be replaced meets applicable standards for minimum utilization adopted by the health council.
8. g. Refinancing of existing debt which does not create additional capital except debt service reserve held in restricted capital accounts or capitalized costs of bond issuance.
9. h. Proposals for the expansion of the physical plant of long-term care facilities which do not require a capital expenditure exceeding fifty thousand dollars and which do not facilitate the addition or expansion of services offered by the applicant.

History: Effective November 1, 1987; amended effective May 1, 1992; April 1, 1995.

General Authority: NDCC 23-01-03, 23-17.2-05

Law Implemented: NDCC 23-17.2-05