216 R.I. Code R. 216-RICR-40-10-22.15 - Conditions of Approval

A. All approvals granted by the state agency are subject to the following conditions:

1. That the applicant must complete the approved construction at a total cost not to exceed that stipulated in the decision of the state agency;

2. That the applicant will cause the project to be completed in accordance with the application as approved;

3. That any changes to the application as approved must be submitted to the state agency for prior authorization;

4. That the state agency must be apprised of the award of any contract associated with the proposed new institutional health service or new health care equipment and must be provided with a copy of the bid award and/or guaranteed maximum price (GMP) certifying the total bid price and stipulating any and all costs associated with the proposal, within a reasonable period of time as determined administratively by the state agency;

5. That any change orders to the contract as awarded or increase in the contract price must be submitted to the state agency for information, except that change orders or other cost increases which exceed the contingency reserve for a project must be submitted to the state agency for prior authorization in accordance with § 22.16 of this Part;

6. That the state agency may withdraw approval of any new institutional health service or new health care equipment, not involving construction, if the applicant fails to initiate development of such new institutional health service or new health care equipment within one (1) year (or other time period for implementation as specifically required in the state agency decision) of the date of such approval;

7. That the state agency may cancel or withdraw approval of a new institutional health service involving construction if the applicant fails:

a. To execute a contract to initiate such construction within one (1) year of the date of approval of the application (or other time-period for implementation as specifically required in the state agency decision) and;

b. To demonstrate sufficient progress towards project completion as documented in the summary progress report required by § 22.15(A)(8) of this Part;

8. That, if specifically requested in writing by the state agency, a summary progress report, detailing costs incurred, shall be filed with the state agency at six (6) month intervals from the date of final state agency decision until full implementation of the approved new institutional health service or new health care equipment;

9. That in the case of a proposed new institutional health service involving new construction, the Director of Health or his/her authorized representative may at any time during the course of construction or upon the completion of the project make an on-site inspection of the construction and equipment to check for compliance of the construction in accordance with the terms of his/her prior approval;

10. That the facility shall comply with the building laws, codes and regulations of the municipality where such facility is located, applicable laws, codes and regulations of the State of Rhode Island, and applicable federal codes and standards unless a variance therefrom shall have been allowed by the appropriate agency;

11. That the state agency must be provided with documentation of the final financing arrangements (including total amount funded, equity funds and source, borrowed funds and source, term of loan, interest rate, schedule for retirement of debt, and terms of interim borrowing, if any) associated with the provision of the approved new institutional health service or new health care equipment within thirty (30) days of the establishment of said arrangements;

12. That failure to obtain needed zoning approval(s) on a timely basis consistent with the requirements of § 22.16 of this Part shall be grounds for the withdrawal of any certificate of need granted subject to any zoning approval(s); and

13. Any other condition deemed appropriate by the state agency provided such condition directly relates to the considerations outlined in § 22.10(L) of this Part.

B. The decision of the state agency, including its findings and recommendations, shall be distributed to the applicant and upon written request to others.

C. At least annually, a report of reviews conducted, together with the findings and decisions rendered in the course of such reviews, shall be published by the state agency.

D. Applications reviewed by the agency and all written materials pertinent to agency review, including minutes of all Health Services Council meetings, shall be accessible to the public.

E. In addition, upon written request filed in conformance with the rules and regulations regarding Practices and Procedures Before the Department of Health (Part 10-05-4 of this Title) and Access to Public Records (Part 10-05-1 of this Title), the state agency shall make available, with respect to any review in process, information relative to the status of such review and, for any completed review, the findings of the state agency, with respect to such review, as well as any other information deemed appropriate.

Notes

216 R.I. Code R. 216-RICR-40-10-22.15