Or. Admin. R. 333-560-0140 - Accelerated Certificate of Need Review for Specific Projects
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
Stat. Auth.: ORS 431.120(6), 442.315
Stats. Implemented: ORS 431.120(6), 442.315
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