Or. Admin. R. 333-560-0140 - Accelerated Certificate of Need Review for Specific Projects

Current through Register Vol. 61, No. 4, April 1, 2022

The following types of projects are eligible for accelerated review:

(1) The development of a "new hospital" as that term is defined in OAR 333-550-0010(2) when all of the following conditions are met:
(a) The new hospital is the result of a relocation of an existing general hospital under OAR 333-500-0070(1)(a) and does not involve a "substantial increase in services" or "change in the services offered" as those terms are defined in OAR 333-550-0010(2) and determined by the Authority;
(b) The existing general hospital must be delicensed and acute inpatient care must not be provided at that location without approval pursuant to certificate of need review. The applicant must provide the Public Health Division with assurances that this condition will be met. No application will be approved under this section without adequate assurances of these conditions as determined by the Authority;
(c) New hospital health services will not be offered for a period of three years after licensure of the new facility. A new hospital health service must have been offered at the applicant's existing hospital for a period of at least one year prior to the licensure of the new facility in order for such service not to be considered a new hospital health service when offered at the new facility. For purposes of this section, the term "new hospital health service" has the same meaning as is found in OAR 333-550-0010(4) and 333-550-0010(5) through (9) apply to this definition. Projects approved under this section are subject to the full review process detailed in Division 570 of this chapter and to the application and review criteria established in Division 580 if a new hospital health service is offered at the new facility within this three year period. The applicant must provide the Public Health Division with assurances that this condition will be met. No application will be approved under this section without adequate assurances of these conditions as determined by the Authority;
(d) The location of the new general hospital will not result in the loss of the critical access status of an existing federally designated critical access hospital;
(e) A general hospital, unaffiliated with the applicant, proposes to relocate its main hospital campus into the service area of applicant's existing hospital. As used in this section, the term "unaffiliated" means under independent ownership or control. The Authority must have ruled, based upon a letter of intent, that the relocation of the unaffiliated hospital is not subject to certificate of need review. As used in this section, the term "service area" will be determined in accordance with the provisions of OAR 333-550-0010(2).
(f) The applicant must demonstrate, to the Authority's satisfaction, that relocation of the unaffiliated hospital will have an adverse economic impact on the applicant's hospital operations and that this adverse impact will jeopardize the applicant's ability to continue to operate. The applicant must further demonstrate to the Authority's satisfaction that loss of applicant's services will result in a significant decrease in provider competition and consumer choice.
(g) The new hospital will be sited within the boundaries of the service area of the hospital that is proposing to relocate into the service area of the applicant's existing hospital. In addition, the applicant's new hospital must be located at a site that is no further than half the distance between the main campus of the hospital that is proposing to relocate into the applicant's service area and either the new site of the main campus of the hospital that is proposing to relocate into the applicant's service area or the site of any other existing general hospital.

Notes

Or. Admin. R. 333-560-0140
PH 29-2004, f.& cert. ef. 9-23-04

Stat. Auth.: ORS 431.120(6), 442.315

Stats. Implemented: ORS 431.120(6), 442.315

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