(A) The director of health shall accept an
application for a replacement certificate of need when the application is
submitted following approval and within five years after implementation of the
reviewable activity for which the certificate of need was granted
, for:
if the applicant
requests the replacement certificate of need so that a reviewable activity for
which the certificate of need was granted can be implemented in a manner that
is not in substantial accordance with the approved certificate of need.
(1) An activity for any change in
the bed capacity or site; or
(2) Any other failure to carry out a
reviewable activity in substantial accordance with the approved application for
which the certificate of need concerning long-term care beds was
granted.
(B)
The director shall not accept an application for a
replacement certificate of need that proposes to increase the number of
long-term care beds to be relocated specified in the application for the
approved certificate of need.
(C)
The director
shall review and approve or deny the application for the replacement
certificate of need in the same manner as the application for the approved
certificate of need.
(B)
(D) To replace an
approved certificate of need all of the following conditions must be met:
(1) The applicant for the replacement
certificate of need must be the same as the applicant for the approved
certificate of need or an affiliated or related person as defined in rule
3701-12-01 of the Administrative
Code;
(2) The source of any
long-term care beds to be relocated must be the same as in the approved
certificate of need; and
(3) The
application for the approved certificate of need must not have been subject to
comparative review under section
3702.593 of the Revised
Code.
(C)
(E) Applications for a replacement certificate of need
filed pursuant to section
3702.526 shall be accompanied by
the following:
(1) Copies of the forms and
attachments submitted for review as part of the original certificate of need
application; and
(2) A
nonrefundable fee equal to the application fee paid for the approved
certificate of need in the form of a check or money order made payable to the
"treasurer, state of Ohio".
(D) The director shall not accept an
application for a replacement certificate of need that proposes to increase the
number of long-term care beds to be relocated specified in the application for
the approved certificate of need.
(E)
(F)
For the purpose of determining whether long-term care beds are from an existing
long-term care facility, the director shall consider the date of filing of the
application for a replacement certificate to be the same date of filing of the
original application for the approved certificate of need.
(F)
(G)
Any long-term care beds that were approved
proposed to be relocated in the approved
certificate of need shall remain approved
eligible to be recategorized as a different category of
long-term care beds in the application for a replacement certificate of
need.
(G)
(H) Upon approval of an application for a replacement
certificate of need, the original certificate of need will be automatically
voided.
Notes
Ohio Admin. Code
3701-12-10
Five Year Review (FYR) Dates:
3/26/2021 and
05/23/2024
Promulgated
Under: 119.03
Statutory
Authority: 3702.52,
3702.57
Rule
Amplifies: 3702.56
Prior
Effective Dates: 09/02/2013,
10/23/2015
Effective: 10/23/2015
Five Year
Review (FYR) Dates: 08/04/2015 and
08/01/2020
Promulgated
Under: 119.03
Statutory Authority: 3702.52, 3702.57
Rule
Amplifies: 3702.56
Prior Effective Dates:
9/2/13
