Haw. Code R. § 11-186-99.1 - Administrative review of certain proposals
(a) The agency may
review and approve, conditionally approve, or disapprove certain applications
for certificate of need without referring the applications to the subarea
council, the review panel, the statewide council, or the countywide review
committee.
(b) Projects eligible
for administrative review are:
(1) Bed changes
which will have a capital expense of $1,000,000 or less, and which will have an
increased annual operating expense of less than $500,000;
(2) Service changes which will have a capital
expense of $1,000,000 or less, and which will have an increased annual
operating expense of less than $500,000;
(3) Any acquisition of a health care facility
or service which will result in lower annual operating expenses for that
facility or service;
(4) Any change
of ownership, where the change is from one entity to another substantially
related entity;
(5) An additional
location of an existing service or facility; or
(6) Any proposal which is determined by the
agency not to have a significant impact on the health care system.
(c) An applicant whose proposal
meets one or more of the criteria in subsection (b) may submit an application
for administrative review and approval.
(d) The agency shall deny any request for
administrative review if it determines that: the application does not meet any
of the criteria in subsection (b), or that the public interest will be served
by requiring the application to go through the standard review process. Any
application which is denied an administrative review under this subsection may
be resubmitted by the applicant for review under the standard procedure. A
denial of administrative review under this subsection does not constitute a
certificate of need disapproval.
(e) The agency may approve a certificate of
need for any application submitted under this chapter if the agency determines
that the application meets one or more of the eligibility criteria in
subsection (b), and that the application meets the criteria for certificate of
need as established in section
11-186-15(a);
and that there is no compelling public interest which will be served by
requiring the application to go through the standard review process.
(f) The agency shall disapprove any
application submitted under this section if it determines that the application
does not meet the criteria for certificate of need established in section
11-186-15(a).
The agency shall also disapprove any application for certificate of need,
whether it has been submitted for administrative review or standard review, if
the application is inconsistent with or contrary to the state health services
and facilities plan under section
323D-15,
Hawaii Revised Statutes.
(g) A
decision under this section shall become final after the time expires for any
person to request a public hearing for reconsideration of the decision pursuant
to section
11-186-82.
Notes
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