reglab/housing_qa huggingface dataset:
HI Rev Stat § 323D-18 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-18 Information required of providers.

 §323D-18 Information required of providers. Providers of health care doing business in the State shall submit such statistical and other reports of information related to health and health care as the state agency finds necessary to the performance of its functions. The information deemed necessary includes but is not limited to:  (1) Information regarding changes in the class of usage of the bed complement of a health care facility under section 323D-54(9);  (2) Implementation of services under section 323D-54;  (3) Projects that are wholly dedicated to meeting the State's obligations under court orders, including consent decrees, under section 323D-54(10);  (4) Replacement of existing equipment with an updated equivalent under section 323D-54(11);  (5) Primary care clinics under the expenditure thresholds under section 323D-54(12); and  (6) Equipment and services related to that equipment, that are primarily intended for research purposes as opposed to usual and customary diagnostic and therapeutic care. [L 1977, c 178, pt of §2; am L 1997, c 336, §6]
HI Rev Stat § 323D-18.6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-18.6 Confidentiality of information.

  §323D-18.6 Confidentiality of information. The state agency may adopt rules in accordance with chapter 91 to provide that information submitted to the state agency by providers of health care and health care insurance concerning recipients of health care or health care insurance, or both, shall be confidential. [L 1987, c 270, pt of §1]
HI Rev Stat § 323D-21 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-21 Subarea health planning councils, established.

  §323D-21 Subarea health planning councils, established. There are established, subarea health planning councils for geographical areas which shall be designated by the state agency in consultation with the statewide council. Each county shall have at least one subarea health planning council. The subarea health planning councils shall be placed within the state agency for administrative purposes. [L 1977, c 178, pt of §2]
HI Rev Stat § 323D-22 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-22 Subarea health planning councils, functions, quorum and number of members necessary to take valid action.

 §323D-22 Subarea health planning councils, functions, quorum and number of members necessary to take valid action. (a) Each subarea health planning council shall review, seek public input, and make recommendations relating to health planning for the geographical subarea it serves. In addition, the subarea health planning councils shall:  (1) Identify and recommend to the state agency and the council the data needs and special concerns of the respective subareas with respect to the preparation of the state plan.  (2) Provide specific recommendations to the state agency and the council regarding the highest priorities for health services and resources development.  (3) Review the state health services and facilities plan as it relates to the respective subareas and make recommendations to the state agency and the council.  (4) Advise the state agency in the administration of the certificate of need program for their respective subareas.  (5) Advise the state agency on the cost of reimbursable expenses incurred in the performance of their functions for inclusion in the state agency budget.  (6) Advise the state agency in the performance of its specific functions.  (7) Perform other such functions as agreed upon by the state agency and the respective subarea councils.  (8) Each subarea health planning council shall recommend for gubernatorial appointment at least one person from its membership to be on the statewide council.  (b) The number of members necessary to constitute a quorum to do business shall consist of a majority of all the members who have accepted nomination to the council, and have been confirmed and qualified as members of the council. When a quorum is in attendance, the concurrence of a majority of the members in attendance shall make any action of the council valid. [L 1977, c 178, pt of §2; am L 1978, c 129, §4; am L 1980, c 75, §8; am L 1982, c 245, §5; am L 1987, c 270, §8; am L 1997, c 336, §7]
HI Rev Stat § 323D-23 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-23 OLD REPEALED. §323D-23 Subarea health planning councils, composition, appointment.

  §323D-23 OLD REPEALED. L 1977, c 178, §3.  §323D-23 Subarea health planning councils, composition, appointment. Members of subarea health planning councils shall be appointed by the governor, subject to section 26-34. Nominations for appointment shall be solicited from health-related and other interested organizations, and agencies, including health planning councils, providers of health care within the appropriate subarea, and other interested persons. The members of the subarea health planning councils shall not be compensated for their services but shall be reimbursed for reasonable expenses necessary to the performance of their function. [L 1977, c 178, pt of §2; am L 1980, c 75, §9; am L 1987, c 270, §9] Cross References  Disqualification from position or membership, see §323D-13.5.
HI Rev Stat § 323D-41 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-41 REPEALED.

Note Part redesignated by L 1976, c 152, §2.  §323D-41 REPEALED. L 1984, c 267, §16.
HI Rev Stat § 323D-42 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-42 Review panel.

 §323D-42 Review panel. There is established a review panel for the purposes of reviewing applications for certificates of need. The review panel shall be appointed by the statewide council. The review panel shall include at least one member from each county and a majority of the members shall be consumers. Membership on the statewide council shall not preclude membership on the review panel established in this section. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2]
HI Rev Stat § 323D-43 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-43 Certificates of need.

 §323D-43 Certificates of need. (a) No person, public or private, nonprofit or for profit, shall:  (1) Construct, expand, alter, convert, develop, initiate, or modify a health care facility or health care services in the State that requires a total capital expenditure in excess of the expenditure minimum; or  (2) Substantially modify or increase the scope or type of health service rendered; or  (3) Increase, decrease, or change the class of usage of the bed complement of a health care facility, or relocate beds from one physical facility or site to another, unless a certificate of need therefor has first been issued by the state agency.  (b) No certificate of need shall be issued unless the state agency has determined that:  (1) There is a public need for the facility or the service; and  (2) The cost of the facility or service will not be unreasonable in the light of the benefits it will provide and its impact on health care costs.  (c) The state agency may adopt criteria for certificate of need review which are consistent with this section. Such criteria may include but are not limited to need, cost, quality, accessibility, availability, and acceptability.  Each decision of the state agency to issue a certificate of need shall, except in an emergency situation that poses a threat to public health, be consistent with the state health services and facilities plan in effect under section 323D-15. Each certificate of need issued shall be valid for a period of one year from the date of issuance unless the period is extended for good cause by the state agency and expenditures for the project shall not exceed the maximum amount of the expenditures approved in the certificate of need. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L 1980, c 75, §12; am L 1982, c 245, §5; am L 1984, c 267, §9; am L 1987, c 270, §11; am L 1997, c 336, §8]
HI Rev Stat § 323D-44.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-44.5 Administrative review of certain applications for certificate of need.

 §323D-44.5 Administrative review of certain applications for certificate of need. The state agency shall adopt rules in conformity with chapter 91 providing for administrative review and decision on certain applications for certificate of need. Each application reviewed under this section may be subject to a public information meeting before the state agency makes its decision. The agency, in the State and in the county affected, shall give public notice of applications for administrative review received by the agency. Interested persons may request in writing a public meeting before the agency renders a decision on the administrative application. If a request for a public meeting is received, the administrator will preside over the meeting. If no request is received by the agency within seven days of the public notice date, no public meeting need be scheduled. Applications subject to administrative review and decision under this section shall include but are not limited to applications that are:  (1) Inconsistent with or contrary to the state health services and facilities plan under section 323D-15;  (2) Determined not to have a significant impact on the health care system; or  (3) Involve capital or annual operating expenses below a significant level. [L 1987, c 270, pt of §2; am L 1989, c 254, §2; am L 1997, c 336, §10; am L 1998, c 2, §86]
HI Rev Stat § 323D-44.6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-44.6 Review of certain applications for certificate of need; waiver.

  §323D-44.6 Review of certain applications for certificate of need; waiver. The subarea council, the review panel, and the statewide council may, at their discretion, choose to waive their respective prerogatives of review of any certificate of need application. [L 1987, c 270, pt of §2]
HI Rev Stat § 323D-44.7 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-44.7 Monitoring of approved certificates of need.

  §323D-44.7 Monitoring of approved certificates of need. The state agency may monitor implementation of approved certificates of need granted by the agency. [L 1987, c 270, pt of §2]
HI Rev Stat § 323D-45 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-45 Subarea council, review panel, and statewide council recommendations for issuance or denial of certificates of need.

 §323D-45 Subarea council, review panel, and statewide council recommendations for issuance or denial of certificates of need. (a) Except for an administrative review as provided in section 323D-44.5, or in an emergency situation or other unusual circumstances as provided in section 323D-44(c), the state agency shall refer every application for a certificate of need to the appropriate subarea council or councils, the review panel, and the statewide council. The subarea council and the review panel shall consider all relevant data and information submitted by the state agency, subarea councils, other areawide or local bodies, and the applicant, and may request from them additional data and information. The review panel shall consider each application at a public meeting and shall submit its recommendations with findings to the statewide council. The statewide council shall consider the recommendation of the review panel at a public meeting and shall submit its recommendations to the state agency within such time as the state agency prescribes. The statewide council and the review panel may join together to hear or consider simultaneously information related to an application for a certificate of need.  (b) At a public meeting in which a subarea council or the review panel considers an application for a certificate of need, any person shall have the right to be represented by counsel and to present oral or written arguments and evidence relevant to the application; any person directly affected by the application may conduct reasonable questioning of persons who make factual allegations relevant to the application; any staff member of the state agency may conduct reasonable questioning of persons who make factual allegations relevant to the application; and a record of the meeting shall be kept. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L 1980, c 75, §14; am L 1984, c 267, §11; am L 1987, c 270, §12]
HI Rev Stat § 323D-45.1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-45.1 Ex parte contacts prohibited.

 §323D-45.1 Ex parte contacts prohibited. (a) There shall be no ex parte contacts:  (1) In the case of an application for a certificate of need, between the applicant for the certificate of need, any person acting on behalf of the applicant, any person in favor of the application or any person opposed to the issuance of a certificate of need and any person in the state agency who exercises any responsibility respecting the application, after the commencement of the state agency's review of the application and before the state agency makes a decision on the application, on any matter related to or arising out of the application for a certificate of need;  (2) In the case of a proposed withdrawal of a certificate of need, between the holder of the certificate of need, any person acting on behalf of the holder, any person opposed to the withdrawal or any person in favor of the withdrawal and any person in the state agency who exercises any responsibility respecting withdrawal of the certificate of need, after the commencement of state agency proceedings on the proposed withdrawal and before the state agency makes a decision on the proposed withdrawal, on any matter related to or arising out of the proposed withdrawal of the certificate of need; and  (3) In the case of an application for an exemption from obtaining a certificate of need, between the applicant for an exemption, any person acting on behalf of the applicant, any person in favor of the application or any person opposed to the application and any person in the state agency who exercises any responsibility respecting the application, after the commencement of the state agency's review of the application and before the state agency makes a decision on the application, on any matter related to or arising out of the application for an exemption from obtaining a certificate of need.  (b) The prohibition against ex parte contacts shall not apply to any written communication or a copy thereof which is promptly filed as a public record with the state agency. [L 1980, c 75, §15]
HI Rev Stat § 323D-45.2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-45.2 REPEALED.

  §323D-45.2 REPEALED. L 1987, c 270, §15.
HI Rev Stat § 323D-45.3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-45.3 Approval of applications required to meet safety, licensure, or accreditation standards.

 §323D-45.3 Approval of applications required to meet safety, licensure, or accreditation standards. (a) Notwithstanding section 323D-43, the state agency shall approve an application for a certificate of need for a capital expenditure which is required:  (1) To eliminate or prevent imminent safety hazards as defined by federal, state, or county fire, building, or life safety codes or regulations, or  (2) To comply with state licensure standards,  (3) To comply with accreditation standards, compliance with which is required to receive reimbursements under Title XVIII of the Social Security Act or payments under a state plan for medical assistance approved under Title XIX of such Act, unless the state agency finds that the facility or service with respect to which the capital expenditure is proposed to be made is not needed or that the obligation of the capital expenditure is not consistent with the state health services and facilities plan in effect under section 323D-15.  (b) An application for a certificate of need approved by the state agency under this section shall be approved only to the extent that the capital expenditure is required to eliminate or prevent the hazards described in paragraph (1) or to comply with the standards described in paragraph (2) or (3). [L 1980, c 75, §17; am L 1982, c 245, §5; am L 1984, c 267, §13]
HI Rev Stat § 323D-46 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-46 Conditional certification.

 §323D-46 Conditional certification. The state agency shall provide by rules adopted in conformity with chapter 91 for the conditional certification of those proposals which, by modification of specific items of the proposal, would successfully meet the criteria for approval. The state agency shall establish a time period not to exceed one hundred fifty days from the date of the conditional certification within which the applicant shall certify to the state agency that the required modifications have been made. The state agency shall require a statement from the applicant certifying that the required modifications have been made before a certificate of need is issued. The state agency shall deny any application in which the required modifications have not been made within the time period established by the state agency. [L 1977, c 178, pt of §2; am L 1980, c 75, §18]
HI Rev Stat § 323D-46.1 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-46.1 REPEALED.

  §323D-46.1 REPEALED. L 1984, c 267, §17.
HI Rev Stat § 323D-46.2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-46.2 Withdrawal of a certificate of need.

 §323D-46.2 Withdrawal of a certificate of need. (a) After the issuance of a certificate of need, the state agency shall periodically review the progress of the project. The state agency may withdraw the certificate of need, if the state agency determines on the basis of the review that:  (1) The holder of the certificate of need is not meeting the timetable specified in the approved application for the certificate of need and is not making a good faith effort to meet it; or  (2) The project being implemented differs substantially from that which was approved by the state agency.  (b) The state agency may withdraw at any time a certificate of need or an exemption from obtaining a certificate of need, if the state agency determines that the applicant procured the certificate of need or the exemption by fraud, misrepresentation, or corruption, or that the applicant submitted or caused to be submitted to the state agency false statements or information in connection with the application for the certificate of need or the exemption.  (c) The state agency shall adopt rules in conformity with chapter 91 for the withdrawal of certificates of need. [L 1980, c 75, §20]
HI Rev Stat § 323D-47 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-47 Request for reconsideration.

 §323D-47 Request for reconsideration. The state agency may provide by rules adopted in conformity with chapter 91 for a procedure by which any person may, for good cause shown, request in writing a public hearing before a reconsideration committee for purposes of reconsideration of the agency's decision. The reconsideration committee shall consist of the administrator of the state agency and the chairpersons of the statewide council, the review panel, the plan development committee of the statewide council, and the appropriate subarea health planning council. The administrator shall be the chairperson of the reconsideration committee. A request for a public hearing shall be deemed by the reconsideration committee to have shown good cause, if:  (1) It presents significant, relevant information not previously considered by the state agency;  (2) It demonstrates that there have been significant changes in factors or circumstances relied upon by the state agency in reaching its decision;  (3) It demonstrates that the state agency has materially failed to follow its adopted procedures in reaching its decision;  (4) It provides such other bases for a public hearing as the state agency determines constitutes good causes; or  (5) The decision of the administrator differs from the recommendation of the statewide council. To be effective a request for such a hearing shall be received within ten working days of the state agency decision. A decision of the reconsideration committee following a public hearing under this section shall be considered a decision of the state agency for purposes of section 323D-44. [L 1977, c 178, pt of §2; am L 1987, c 270, §13; am L 1997, c 336, §11] Case Notes  State health planning and development agency administrator was not disqualified from participating in the reconsideration of respondent's certificate of need pursuant to §11-1-25(a)(4), Hawaii administrative rules (HAR), which prohibits a hearings officer from hearing or deciding a contested case in which the hearings officer substantially participated in making the decision or action contested, given that in crafting this section, the legislature clearly intended that the administrator participate in both the initial decision on a certificate of need, and in any reconsideration of that decision. Further, because §11-1-25(a)(4), HAR, conflicts with that intent, it would be invalid if applied in the circumstances of this case, and thus was inapplicable. 130 H. 95, 306 P.3d 140 (2013).
HI Rev Stat § 323D-48 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|323D. Health Planning and Resources Development and Health Care Cost Control|323D-48 Judicial review of state agency decisions.

 §323D-48 Judicial review of state agency decisions. (a) If an application for a certificate of need or for an exemption from obtaining a certificate of need is denied, the state agency shall give notice to the applicant in writing stating the grounds for the denial. Any person adversely affected by a final decision of the state agency with respect to a certificate of need or an application for an exemption may appeal in the manner provided in chapter 91 to the circuit court of the circuit in which the person resides or in the circuit in which the health care facility or health care service is or was planned to be located.  (b) Any person adversely affected by a final decision of the state agency with respect to the withdrawal of a certificate of need may appeal in the manner provided in chapter 91 to the circuit court of the circuit in which the person resides or in the circuit in which the health care facility or health care service is or was planned to be located. [L 1975, c 159, pt of §2; ren L 1977, c 178, pt of §2; am L 1980, c 75, §21]