Ohio Admin. Code 3701-12-20 - General certificate of need review criteria
(A) The director shall apply each of the
criteria prescribed in this rule, as applicable, when reviewing an application
for a certificate of need, in addition to any criteria specific to the
application that are established by this chapter of the Administrative Code and
sections 3702.51 to
3702.62 of the Revised Code. An
applicant for a certificate of need shall provide sufficient information to
enable the director to perform a thorough review of the application in relation
to each relevant criterion established by this chapter of the Administrative
Code by completely responding to each applicable portion of the application
form and attachments prescribed by the director and by attaching the necessary
supporting documentation.
(B) For
projects involving any construction, renovation or remodeling, the director
shall consider:
(1) The costs, methods and
type of construction including energy conservation features, if
applicable;
(2) The current and
projected zoning status of the project site, if applicable; and
(3) Space allocations and the configuration
of existing and proposed areas.
(C) If applicable, the director shall
consider the relationship of the project to the long-range plan of the
applicant and the planning process that the applicant has employed.
(D) The director shall consider the need that
the population served or proposed to be served has for the services to be
provided upon implementation of the project. In assessing the need for a
project, the director shall examine:
(1) The
current and proposed primary and secondary service areas and their
corresponding population;
(2)
Travel times and the accessibility of the project site and of the sites of
similar services to the proposed service area population;
(3) Current and projected patient origin
data, by zip code;
(4) Any special
needs and circumstances of the applicant or population proposed to be served by
the proposed project , including research activities, prevalence of a particular
disease, unusual demographic characteristics, cost-effective contractual
affiliations, and other special circumstances; and
(5) Special needs related to any research
activities, such as participation by the applicant in research conducted by the
United States food and drug administration or clinical trials sponsored by the
national institute of health, that will be conducted as a result of
implementation of the reviewable activity.
(E) The director shall consider the impact of
the project on all other providers of similar services in the service area
specified by the applicant including the impact on their utilization, market
share and financial status.
(F) The
director shall consider alternatives to the project and the advantages,
disadvantages and costs of each alternative.
(G) If the project involves an existing
long-term care facility, the director shall consider the historical, current
and projected utilization of the facility as a whole and the utilization
specific to the services affected by the project.
(H) The director shall consider the
effectiveness of the project in meeting the health-related needs of medically
underserved groups such as low-income individuals, individuals with
disabilities and minorities. If applicable, this consideration shall include
review of the applicant's historical experience in meeting the needs of
underserved groups.
(I) The
director shall consider the short-term and long-term financial feasibility and
the cost effectiveness of the project and its financial impact upon the
applicant, other providers, health care consumers and the medicaid program
established under Chapter 5111
5162 . of the Revised Code. For the purpose of this
paragraph, "related or affiliated parties" means principal participants.
Among other relevant matters, the director shall
evaluate:
Among other relevant matters, the
(1)
The availability of financing for the project , including all pertinent terms of
any borrowing, if applicable;
(2)
The operating costs specific to the project and the effect of these costs on
the operating costs of the facility as a whole based upon review of balance
sheets, cash flow statements and available audited financial
statements;
(3) The effect of the
project on charges and payment rates for the facility as a whole and specific
to the project ; and
(4) The costs and charges associated with the
project compared to the costs and charges associated with similar services
furnished or proposed to be furnished by other providers; and
(5) The historical performance of the
applicant and related or affiliated parties in providing cost-effective
long-term care services.
(J) The director shall consider the impact of
the project on existing staffing levels, if applicable, and the availability of
personnel resources to meet the applicant's projected requirements.
(K) If medical or allied health education is
an integral part of the project , the director shall examine the impact of the
project on the advancement of the educational endeavor.
(L) The director shall consider the
availability of and the impact upon ancillary and support services that relate
directly and indirectly to the project.
(M) The director shall consider the extent to
which the project, the facility as a whole and the applicant comply and will
comply with applicable standards for licensure, certification, accreditation
and similar approvals.
(N) The
director shall consider the special needs and circumstances resulting from
moral and ethical values and the free exercise of religious rights of long-term
care facilities administered by religious organizations.
(O) The director shall consider the special
needs and circumstances of inner city and rural communities.
(P) The director shall consider the
historical performance of the applicant and related or affiliated parties in
complying with previously granted certificates of need.
Notes
Promulgated Under: 119.03
Statutory Authority: 3702.52; 3702.57
Rule Amplifies: 3702.52; 3702.53
Prior Effective Dates: 12/21/1982 (Emer.), 03/20/1983, 04/04/1988, 11/28/1988, 09/06/1999, 03/25/2010, 09/02/2013, 10/23/2015
Promulgated Under: 119.03
Statutory Authority: 3702.52, 3702.57
Rule Amplifies: 3702.52, 3702.53
Prior Effective Dates: 12/21/1982 (Emer.), 3/20/83, 4/4/88, 11/28/88 (Emer.), 9/6/99, 3/25/10, 9/2/13
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