reglab/housing_qa huggingface dataset:
MI Comp L § 333.22223 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)|Section 333.22223 - Application for Certificate of Need; Statement Addressing Review Criteria.

333.22223 Application for certificate of need; statement addressing review criteria. Sec. 22223.  An applicant for a certificate of need shall include as part of the application a statement addressing each of the review criteria listed in section 22225. This section does not apply to an application for a certificate of need made under section 22210.  History: Add. 1988, Act 332, Eff. Oct. 1, 1988 Popular Name: Act 368
MI Comp L § 333.22224 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)|Section 333.22224 - Certificate of Need Not Required.

333.22224 Certificate of need not required.Sec. 22224.  (1) A health facility required to be licensed as a freestanding surgical outpatient facility by rules promulgated under section 20115(2) due to the performance of abortions at that facility is not required to obtain a certificate of need in order to be granted a license as a freestanding surgical outpatient facility. However, a health facility described in this subsection is subject to this part for the services performed at that facility other than abortions.  (2) If a freestanding surgical outpatient facility is applying for a certificate of need to initiate, replace, or expand a covered clinical service consisting of surgical services, the department shall not count abortion procedures in determining if the freestanding surgical outpatient facility meets the annual minimum number of surgical procedures required in the certificate of need standards governing surgical services.  (3) As used in this section, "abortion" means that term as defined in section 17015. History: Add. 1999, Act 206, Eff. Mar. 10, 2000 ;-- Am. 2012, Act 499, Eff. Mar. 31, 2013 Popular Name: Act 368
MI Comp L § 333.22224a (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)|Section 333.22224a - Magnetic Resonance Image Units.

333.22224a Magnetic resonance image units. Sec. 22224a.  (1) A person seeking to initiate, expand, replace, relocate, or acquire a fixed or mobile magnetic resonance imager service within a county that has a population of more than 160,000 but does not have at least 2 magnetic resonance imager units may file a letter of intent with the department prior to the initiation, expansion, replacement, relocation, or acquisition of a fixed or mobile magnetic resonance imager unit within that county instead of obtaining a certificate of need.  (2) Within 30 days after receiving the letter of intent, if the department verifies that the county has a population of more than 160,000 and that the county does not already have 2 magnetic resonance imager units, the department shall send a written acknowledgment to the person approving the initiation, expansion, replacement, relocation, or acquisition of a fixed or mobile magnetic resonance imager unit.  (3) A person shall not initiate, expand, replace, relocate, or acquire a fixed or mobile magnetic resonance imager unit under this section without a certificate of need unless that person receives a written acknowledgment of approval from the department under subsection (2).  (4) A person seeking to initiate, expand, replace, relocate, or acquire a fixed or mobile magnetic resonance imager service under this section shall be a nonprofit organization and shall demonstrate that the service shall be accessible to all patients regardless of his or her ability to pay and shall participate in title XIX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1396 to 1396r-8 to 1396v. History: Add. 2002, Act 619, Eff. Mar. 31, 2003 Popular Name: Act 368
MI Comp L § 333.22224b (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)|Section 333.22224b - Positron Emission Tomography Scanner Services Pilot Project.

333.22224b Positron emission tomography scanner services pilot project.Sec. 22224b.  (1) The department may approve a pilot project that meets the requirements under subsection (2) and authorize that pilot project to provide positron emission tomography scanner services without obtaining a certificate of need under this part.  (2) The department may approve a pilot project under subsection (1) if the department determines that the pilot project meets all of the following requirements:   (a) The positron emission tomography scanner is located in the same facility as a radiopharmacy that meets all of the following requirements:  (i) Is equipped with a fixed cyclotron.  (ii) Provides cyclotron-produced radionuclide tracers with pharmaceutical components for on-site patient administration.  (iii) Develops radiopharmaceuticals for use in diagnostic and theranostic applications.  (iv) Is licensed under part 177.  (b) The positron emission tomography scanner services will be provided using not more than 2 fixed positron emission tomography scanners.  (c) The pilot project demonstrates it will become accredited by the American College of Radiology or the Intersocietal Accreditation Commission, or will receive an equivalent accreditation from another body that is approved by the department.   (3) If the commission under section 22215 adopts standards that are equivalent to the requirements under subsection (2) to apply for a certificate of need to initiate, replace, or expand positron emission tomography scanner services, a pilot project authorized to provide positron emission tomography scanner services under this section shall, not more than 6 months after the standards are adopted, apply for a certificate of need to continue to provide positron emission tomography scanner services.  History: Add. 2021, Act 35, Imd. Eff. June 24, 2021 Popular Name: Act 368
MI Comp L § 333.22227 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)|Section 333.22227 - Health Maintenance Organization; Purposes for Which Certificate of Need Required; Capital Expenditures; Considerations and Criteria.

333.22227 Health maintenance organization; purposes for which certificate of need required; capital expenditures; considerations and criteria. Sec. 22227.  (1) A health maintenance organization is required to obtain a certificate of need only for 1 or more of the following purposes:   (a) The acquisition of, purchase of, new construction of, modernization of, replacement of, or addition to a hospital or other health facility providing inpatient services, if a covered capital expenditure is required.  (b) The initiation, replacement, or expansion of a covered clinical service.  (2) A covered capital expenditure proposed to be undertaken by a health maintenance organization that is not intended principally to serve the needs of the enrollees of the health maintenance organization, as determined by the department, is subject to this part.  (3) In making determinations and conducting reviews for certificates of need for health maintenance organizations, the department shall consider the special needs and circumstances of health maintenance organizations, and shall apply all of the following criteria:  (a) The availability of the proposed service from a provider of health care other than the health maintenance organization on a long-term basis, at reasonable terms, and in a cost-effective manner consistent with the health maintenance organization's basic method of operation.  (b) The long-term needs of the health maintenance organization, and its current and expected future membership.  (c) The long-term impact of the proposed service on health care costs in the health maintenance organization's service area. History: Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 1993, Act 88, Imd. Eff. July 9, 1993 Popular Name: Act 368
MI Comp L § 333.22229 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)|Section 333.22229 - Projects and Services Subject to Comparative Review; Exceptions; Establishment of Comparative Review or Alternative Procedure; Proposed Site for Project; Utilization and Financing of Covered Clinical Services.

333.22229 Projects and services subject to comparative review; exceptions; establishment of comparative review or alternative procedure; proposed site for project; utilization and financing of covered clinical services. Sec. 22229.  (1) The following proposed projects are subject to comparative review:  (a) Proposed projects specified as subject to comparative review in a certificate of need review standard.  (b) New beds in a health facility that is a hospital, hospital long-term care unit, or nursing home if there are multiple applications to meet the same need for projects that, when combined, exceed the need of the planning area as determined by the applicable certificate of need review standards.  (2) Replacement beds in a hospital that are proposed for construction on the original site, on a contiguous site, within a 5-mile radius of the original site if the hospital is located in a county with a population of less than 200,000, or within a 2-mile radius of the original site if the hospital is located in a county with a population of 200,000 or more, are not subject to comparative review.  (3) Replacement beds in a nursing home that is located in a nonrural county that are proposed for construction on the original site, on a contiguous site, or within a 2-mile radius of the original site are not subject to comparative review. Replacement beds in a nursing home that is located in a rural county that are proposed for construction on the original site, on a contiguous site, or within the same planning area are not subject to comparative review.  (4) The commission may approve certificate of need review standards that establish comparative review or an alternative procedure for determining whether 1 or more of several qualified applicants may be approved if the level of need is not sufficient to justify approval of all qualified applicants. If an applicant involves more than 1 health facility, the applicant shall indicate on the application the proposed site or sites for the project and arrangements for the utilization and financing of the covered clinical services. History: Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 1993, Act 88, Imd. Eff. July 9, 1993 Popular Name: Act 368
MI Comp L § 333.22230 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)|Section 333.22230 - Participation in Medicaid Program as Distinct Criterion.

333.22230 Participation in medicaid program as distinct criterion. Sec. 22230.  In evaluating applications for a health facility as defined under section 22205(1)(c) in a comparative review, the department shall include participation in title XIX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1396 to 1396r-6 and 1396r-8 to 1396v, as a distinct criterion, weighted as very important, and determine the degree to which an application meets this criterion based on the extent of participation in the medicaid program. History: Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 2002, Act 619, Eff. Mar. 31, 2003 Popular Name: Act 368
MI Comp L § 333.22232 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)|Section 333.22232 - Hearing; Written Request; Appointment and Duties of Hearing Officer; Governing Law.

333.22232 Hearing; written request; appointment and duties of hearing officer; governing law. Sec. 22232.  (1) The applicant may, within 15 days after receipt by the applicant of the bureau's proposed decision to deny the application or receipt of notice of reversal by the director of a proposed decision that is an approval, submit a written request for a hearing to demonstrate that the application filed by the applicant meets the requirements for approval under this part.  (2) The department shall appoint a hearing officer for a hearing held under this section. The hearing officer shall establish a schedule for the hearing, control the presentation of proofs, and take such other action determined by the hearing officer to be necessary to ensure that the hearing is conducted in an expeditious manner and completed within a reasonable period of time. The hearing officer shall convene the hearing within 90 days after receipt of a request for a hearing under this section. Upon written request by a party, a hearing officer may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence. The department shall establish appropriate qualifications for hearing officers appointed under this section.  (3) If a hearing is requested under this section, chapter 4 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.271 to 24.287 of the Michigan Compiled Laws, governs. History: Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 1993, Act 88, Imd. Eff. July 9, 1993 Popular Name: Act 368
MI Comp L § 333.22233 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)|Section 333.22233 - Waiver of Criteria and Procedures.

333.22233 Waiver of criteria and procedures.  Sec. 22233.  If the department determines that a proposed project is nonsubstantive in nature and does not warrant a full review, the department may waive certain criteria and procedures otherwise required under this part. History: Add. 1988, Act 332, Eff. Oct. 1, 1988 Popular Name: Act 368
MI Comp L § 333.22235 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)|Section 333.22235 - Waiver of Law and Procedural Requirements and Criteria for Review; Affidavit; Emergency Certificate of Need.

333.22235 Waiver of law and procedural requirements and criteria for review; affidavit; emergency certificate of need. Sec. 22235.  (1) The department may waive otherwise applicable provisions of this part and procedural requirements and criteria for review upon a showing by the applicant, by affidavit, of all of the following:  (a) The necessity for immediate or temporary relief due to natural disaster, fire, unforeseen safety consideration, or other emergency circumstances.  (b) The serious adverse effect of delay on the applicant and the community that would be occasioned by compliance with the otherwise applicable requirements of this part and rules promulgated under this part.  (c) The lack of substantial change in facilities or services that existed before the emergency circumstances established under subdivision (a).  (d) The temporary nature of the construction of facilities or the services that will not preclude different disposition of longer term determinations in a subsequent application for a certificate of need not made under this section.  (2) The department may issue an emergency certificate of need after necessary and appropriate review. A record of the review shall be made, including copies of affidavits and other documentation. Findings and conclusions shall be made as to an application for an emergency certificate of need, whether the emergency certificate of need is issued or denied.  (3) An emergency certificate of need issued under this section is a final decision and the applicant is not required to submit a formal application for a second review. A certificate of need issued under this section may be subject to special limitations and restrictions, in regard to duration and right of extension or renewal and other factors, imposed by the department. History: Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 2002, Act 619, Eff. Mar. 31, 2003 Popular Name: Act 368
MI Comp L § 333.22237 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)|Section 333.22237 - Data and Statistics as Condition Precedent to Issuance of Certificate of Need.

333.22237 Data and statistics as condition precedent to issuance of certificate of need. Sec. 22237.  As a condition precedent to the issuance of a certificate of need, the department may require that a health facility provide the department with data and statistics determined necessary by the department to carry out departmental duties required under this part, if the data and statistics have not already been reported to the department in a usable format. History: Add. 1988, Act 332, Eff. Oct. 1, 1988 Popular Name: Act 368
MI Comp L § 333.22239 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)|Section 333.22239 - Stipulation.

333.22239 Stipulation. Sec. 22239.  (1) If the certificate of need approval was based on a stipulation that the project would participate in title XIX and the project has not participated in title XIX for at least 12 consecutive months within the first 2 years of operation or continued to participate annually thereafter, the department shall revoke the certificate of need. A stipulation described in this section is germane to all health facility projects.  (2) The department shall monitor the participation in title XIX of each certificate of need applicant approved under this part. Except as otherwise provided in subsection (3), the department shall require each applicant to provide verification of participation in title XIX with its application and annually thereafter.  (3) The department shall not revoke or deny a certificate of need for a nursing home licensed under part 217 if that nursing home does not participate in title XIX on the effective date of the amendatory act that added this subsection but agrees to participate in title XIX if beds become available. This section does not prohibit a person from applying for and obtaining a certificate of need to acquire or begin operation of a nursing home that does not participate in title XIX. History: Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 1993, Act 88, Imd. Eff. July 9, 1993 ;-- Am. 2002, Act 619, Eff. Mar. 31, 2003 Popular Name: Act 368
MI Comp L § 333.22241 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)|Section 333.22241 - “New Technology” Defined; New Technology Review Period; Conditions to Acquisition of New Technology Before End of Review Period; Appointment, Composition, and Purpose of Standing New Medical Technology Advisory Committee.

333.22241 “New technology” defined; new technology review period; conditions to acquisition of new technology before end of review period; appointment, composition, and purpose of standing new medical technology advisory committee. Sec. 22241.  (1) For purposes of this section and section 22243, "new technology" means medical equipment that requires, but has not yet been granted, the approval of the federal food and drug administration for commercial use.  (2) The period ending 12 months after the date of federal food and drug administration approval of new technology for commercial use shall be considered the new technology review period. A person shall not acquire new technology before the end of a new technology review period, unless 1 of the following occurs:  (a) The department, with the concurrence of the commission, issues a public notice that the new technology will not be added to the list of covered medical equipment during the new technology review period. The notice may apply to specific new technology or classes of new technology.  (b) The person complies with the requirements of section 22243.  (c) The commission approves the addition of the new technology to the list of covered medical equipment, and the person obtains a certificate of need for that covered medical equipment.  (3) To assist in the identification of new medical technology or new medical services that may be appropriate for inclusion as a covered clinical service in the earliest possible stage of its development, the commission shall appoint a standing new medical technology advisory committee. A majority of the new medical technology advisory committee shall be representatives of health care provider organizations concerned with licensed health facilities or licensed health professions and other persons knowledgeable in medical technology. The commission also shall appoint representatives of health care consumer, purchaser, and third party payer organizations to the committee. The commission shall also appoint faculty members from schools of medicine, osteopathy, and nursing in this state. History: Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 1993, Act 88, Imd. Eff. July 9, 1993 ;-- Am. 2002, Act 619, Eff. Mar. 31, 2003 Popular Name: Act 368