reglab/statecodes huggingface dataset:
2023 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 333.22207 - Definitions; M to S.

333.22207 Definitions; M to S.
Sec. 22207.
(1) "Medicaid" means the program for medical assistance administered by the department under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
(2) "Modernization" means an upgrading, alteration, or change in function of a part or all of the physical plant of a health facility. Modernization includes, but is not limited to, the alteration, repair, remodeling, and renovation of an existing building and initial fixed equipment and the replacement of obsolete fixed equipment in an existing building. Modernization of the physical plant does not include normal maintenance and operational expenses.
(3) "New construction" means construction of a health facility where a health facility does not exist or construction replacing or expanding an existing health facility or a part of an existing health facility.
(4) "Person" means that term as defined in section 1106 and includes a governmental entity.
(5) "Planning area" means the area defined in a certificate of need review standard for determining the need for, and the resource allocation of, a specific health facility, service, or equipment. Planning area includes, but is not limited to, this state, a health facility service area, or a health service area or subarea within this state.
(6) "Proposed project" means a proposal to acquire an existing health facility or begin operation of a new health facility, make a change in bed capacity, initiate, replace, or expand a covered clinical service, or make a covered capital expenditure.
(7) "Rural county" means a county not located in a metropolitan statistical area or micropolitan statistical areas as those terms are defined under the "standards for defining metropolitan and micropolitan statistical areas" by the Statistical and Science Policy Office of the Office of Information and Regulatory Affairs of the United States Office of Management and Budget, 65 FR p. 82227 to 82238 (December 27, 2000).
(8) "Stipulation" means a requirement that is germane to the proposed project and has been agreed to by an applicant as a condition of certificate of need approval.
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 ;-- Am. 2022, Act 265, Imd. Eff. Dec. 22, 2022
Popular Name:
Act 368
2023 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 333.22208 - Definitions; T.

333.22208 Definitions; T.
Sec. 22208.
(1) "Title XVIII" means title XVIII of the social security act, 42 USC 1395 to 1395lll.
(2) "Title XIX" means title XIX of the social security act, 42 USC 1396 to 1396w-6.
History:
Add. 1988, Act 308, Eff. Oct. 1, 1988 ;-- Am. 1990, Act 260, Imd. Eff. Oct. 15, 1990 ;-- Am. 1993, Act 88, Imd. Eff. July 9, 1993 ;-- Am. 2011, Act 51, Eff. Dec. 6, 2011 ;-- Am. 2022, Act 265, Imd. Eff. Dec. 22, 2022
Popular Name:
Act 368
2023 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 333.22211 - Certificate of Need Commission; Creation; Appointment, Qualifications, and Terms of Members; Vacancy; Laws to Which Commission Members Subject.

333.22211 Certificate of need commission; creation; appointment, qualifications, and terms of members; vacancy; laws to which commission members subject.
Sec. 22211.
(1) The certificate of need commission is created in the department. The commission consists of 11 members appointed by the governor with the advice and consent of the senate. The governor shall not appoint more than 6 members from the same major political party and shall appoint 5 members from another major political party. The commission consists of the following 11 members:
(a) Two individuals representing hospitals.
(b) One individual representing physicians licensed under part 170 to engage in the practice of medicine.
(c) One individual representing physicians licensed under part 175 to engage in the practice of osteopathic medicine and surgery.
(d) One individual who is a physician licensed under part 170 or 175 representing a school of medicine or osteopathic medicine.
(e) One individual representing nursing homes.
(f) One individual representing nurses.
(g) One individual representing a company that is self-insured for health coverage.
(h) One individual representing a company that is not self-insured for health coverage.
(i) One individual representing a nonprofit health care corporation operating pursuant to the nonprofit health care corporation reform act, 1980 PA 350, MCL 550.1101 to 550.1704, or a nonprofit mutual disability insurer into which a nonprofit health care corporation has merged as provided in section 5805(1) of the insurance code of 1956, 1956 PA 218, MCL 500.5805.
(j) One individual representing organized labor unions in this state.
(2) In making appointments, the governor shall, to the extent feasible, assure that the membership of the commission is broadly representative of the interests of all of the people of this state and of the various geographic regions.
(3) A member of the commission shall serve for a term of 3 years or until a successor is appointed. A vacancy on the commission shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
(4) Commission members are subject to the following:
(a) 1968 PA 317, MCL 15.321 to 15.330.
(b) 1973 PA 196, MCL 15.341 to 15.348.
(c) 1978 PA 472, MCL 4.411 to 4.431.
History:
Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 2002, Act 619, Eff. Mar. 31, 2003 ;-- Am. 2014, Act 107, Imd. Eff. Apr. 10, 2014
Popular Name:
Act 368
2023 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 333.22213 - Commission; Bylaws; Removal of Member; Election of Chairperson and Vice-Chairperson; Meetings; Quorum; Final Action; Compensation and Expenses; Duties of Department; Professional Employees.

333.22213 Commission; bylaws; removal of member; election of chairperson and vice-chairperson; meetings; quorum; final action; compensation and expenses; duties of department; professional employees.
Sec. 22213.
(1) The commission shall, within 2 months after appointment and confirmation of all members, adopt bylaws for the operation of the commission. The bylaws shall include, at a minimum, voting procedures that protect against conflict of interest and minimum requirements for attendance at meetings.
(2) The governor may remove a commission member from office for failure to attend 3 consecutive meetings in a 1-year period.
(3) The commission annually shall elect a chairperson and vice-chairperson.
(4) The commission shall hold regular quarterly meetings at places and on dates fixed by the commission. Special meetings may be called by the chairperson, by not less than 3 commission members, or by the department.
(5) A majority of the commission members appointed and serving constitutes a quorum. Final action by the commission shall be only by affirmative vote of a majority of the commission members appointed and serving. A commission member shall not vote by proxy.
(6) The legislature annually shall fix the per diem compensation of members of the commission. Expenses of members incurred in the performance of official duties shall be reimbursed as provided in section 1216.
(7) The department shall furnish administrative services to the commission, shall have charge of the commission's offices, records, and accounts, and shall provide at least 2 full-time administrative employees, secretarial staff, and other staff necessary to allow the proper exercise of the powers and duties of the commission. The department shall make available the times and places of commission meetings and keep minutes of the meetings and a record of the actions of the commission. The department shall make available a brief summary of the actions taken by the commission.
(8) The department shall assign at least 2 full-time professional employees to staff the commission to assist the commission in the performance of its substantive responsibilities under this part.
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
2023 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 333.22217 - Repealed. 2002, Act 619, Eff. Mar. 31, 2003.

333.22217 Repealed. 2002, Act 619, Eff. Mar. 31, 2003.
Compiler's Notes:
The repealed section pertained to certificate of need review standards.
Popular Name:
Act 368
2023 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 333.22219 - Joint Legislative Committee.

333.22219 Joint legislative committee.
Sec. 22219.
(1) A joint legislative committee to focus on proposed actions of the commission regarding the certificate of need program and certificate of need standards and to review other certificate of need issues is created. The joint committee shall consist of 6 members as follows:
(a) The chairperson of the senate committee on health policy.
(b) The vice-chairperson of the senate committee on health policy.
(c) The minority vice-chairperson of the senate committee on health policy.
(d) The chairperson of the house of representatives committee on health policy.
(e) The vice-chairperson of the house of representatives committee on health policy.
(f) The minority vice-chairperson of the house of representatives committee on health policy.
(2) The joint committee shall be co-chaired by the chairperson of the senate committee on health policy and the chairperson of the house committee on health policy.
(3) The joint committee may administer oaths, subpoena witnesses, and examine the application, documentation, or other reports and papers of an applicant or any other person involved in a matter properly before the committee.
(4) The joint committee shall review the recommendations made by the commission under section 22215(6) regarding the revision of the certificate of need application fees and submit a written report to the legislature outlining the costs to the department to implement the program, the amount of fees collected, and its recommendation regarding the revision of those fees.
(5) The joint committee may develop a plan for the revision of the certificate of need program. If a plan is developed by the joint committee, the joint committee shall recommend to the legislature the appropriate statutory changes to implement the plan.
History:
Add. 2002, Act 619, Eff. Mar. 31, 2003
Popular Name:
Act 368
2023 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 333.22221 - Duties of Department Generally.

333.22221 Duties of department generally.
Sec. 22221.
The department shall do all of the following:
(a) Subject to approval by the commission, promulgate rules to implement its powers and duties under this part.
(b) Report to the commission at least annually on the performance of the department's duties under this part.
(c) Develop proposed certificate of need review standards for submission to the commission.
(d) Administer and apply certificate of need review standards. In the review of certificate of need applications, the department shall consider relevant written communications from any person.
(e) Designate adequate staff or other resources to directly assist hospitals and nursing homes with less than 100 beds in the preparation of applications for certificates of need.
(f) By October 1 of each year, report to the commission regarding the costs to the department of implementing this part and the certificate of need application fees collected under section 20161 in the immediately preceding state fiscal year.
(g) Annually adjust the $2,500,000.00 threshold set forth in section 22203(9) by an amount determined by the state treasurer to reflect the annual percentage change in the Consumer Price Index, using data from the immediately preceding period of July 1 to June 30. As used in this subdivision, "Consumer Price Index" means the most comprehensive index of consumer prices available for this state from the Bureau of Labor Statistics of the United States Department of Labor.
(h) Annually review the application process, including all forms, reports, and other materials that are required to be submitted with the application. If needed to promote administrative efficiency, revise the forms, reports, and any other materials required with the application.
(i) By October 1, 2003, create a consolidated application for a certificate of need for the relocation or replacement of an existing health facility.
(j) In consultation with the commission, define single project as it applies to capital expenditures.
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 ;-- Am. 2022, Act 265, Imd. Eff. Dec. 22, 2022
Popular Name:
Act 368
2023 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
2023 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 THIS SECTION IS REPEALED BY ACT 209 OF 2023 EFFECTIVE FEBRUARY 13, 2024 *****
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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 333.22247 - Monitoring Compliance With Certificates of Need; Investigating Allegations of Noncompliance; Violation; Sanctions; Refund of Charges.

333.22247 Monitoring compliance with certificates of need; investigating allegations of noncompliance; violation; sanctions; refund of charges.
Sec. 22247.
(1) The department shall monitor compliance with all certificates of need issued under this part and shall investigate allegations of noncompliance with a certificate of need or this part.
(2) If the department determines that the recipient of a certificate of need under this part is not in compliance with the terms of the certificate of need or that a person is in violation of this part or the rules promulgated under this part, the department shall do 1 or more of the following:
(a) Revoke or suspend the certificate of need.
(b) Impose a civil fine of not more than the amount of the billings for the services provided in violation of this part.
(c) Take any action authorized under this article for a violation of this article or a rule promulgated under this article, including, but not limited to, issuance of a compliance order under section 20162(5), whether or not the person is licensed under this article.
(d) Request enforcement action under section 22253.
(e) Take any other enforcement action authorized by this code.
(f) Publicize or report the violation or enforcement action, or both, to any person.
(g) Take any other action as determined appropriate by the department.
(3) A person shall not charge to, or collect from, another person or otherwise recover costs for services provided or for equipment or facilities that are acquired in violation of this part. If a person has violated this subsection, in addition to the sanctions provided under subsection (2), the person shall, upon request of the person from whom the charges were collected, refund those charges, either directly or through a credit on a subsequent bill.
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
2023 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 333.22249 - Agreement Authorizing Hospital to Lease Space and Operate Beds in Another Hospital; Conditions.

333.22249 Agreement authorizing hospital to lease space and operate beds in another hospital; conditions.
Sec. 22249.
(1) Subject to subsection (2), if a hospital has a high occupancy rate, as determined by the department, and if the hospital applies for and is issued a certificate of need for an increase in licensed bed capacity, the department may enter into an agreement with the hospital that would authorize the hospital to lease space and operate beds in another hospital in the same planning area, if the other hospital has a low occupancy rate, as determined by the department.
(2) The department may enter into an agreement authorized under subsection (1) only if all of the following apply:
(a) The hospital issued a certificate of need has a documented history of high occupancy.
(b) The alternative of redistributing the beds within the hospital's licensed bed capacity does not exist.
(c) The agreement will not change the overall supply of beds within the planning area.
(d) New construction is not required.
(e) The department determines that the agreement is necessary to protect the public health, safety, and welfare.
History:
Add. 1988, Act 332, Eff. Oct. 1, 1988
Popular Name:
Act 368
2023 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 333.22251 - Repealed. 1993, Act 88, Imd. Eff. July 9, 1993.

333.22251 Repealed. 1993, Act 88, Imd. Eff. July 9, 1993.
Compiler's Notes:
The repealed section pertained to plans for reduction of excess hospital beds.
Popular Name:
Act 368
2023 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 333.22253 - Injunction or Other Process to Restrain or Prevent Violation.

333.22253 Injunction or other process to restrain or prevent violation.
Sec. 22253.
Notwithstanding the existence and pursuit of any other remedy, the department may request the attorney general or prosecuting attorney of the jurisdiction where a capital expenditure is proposed to be or was made to bring an action in the name of the people of this state for an injunction or other process against a person to restrain or prevent a violation of this part or the rules promulgated under this part.
History:
Add. 1988, Act 332, Eff. Oct. 1, 1988
Popular Name:
Act 368
2023 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 333.22255 - Procedural Rules.

333.22255 Procedural rules.
Sec. 22255.
The department, with the approval of the commission, may promulgate procedural rules to implement this part.
History:
Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 2002, Act 619, Eff. Mar. 31, 2003
Popular Name:
Act 368
2023 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 333.22257 - Certificate of Need Issued Under Former Part 221.

333.22257 Certificate of need issued under former part 221.
Sec. 22257.
A certificate of need issued under former part 221 has the same effect as a similar certificate of need issued under this part. The holder of the certificate of need is subject to all of the conditions, stipulations, and agreements pertaining to the certificate of need and to the same authority of the department to limit, suspend, revoke, or reinstate the certificate of need as a holder of a certificate of need issued under this part.
History:
Add. 1988, Act 332, Eff. Oct. 1, 1988
Popular Name:
Act 368
2023 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 333.22260 - Reports of Reviews; Preparation and Publication; Statements; Recommendations; Public Examination of Applications and Written Materials on File; Providing Copies.

333.22260 Reports of reviews; preparation and publication; statements; recommendations; public examination of applications and written materials on file; providing copies.
Sec. 22260.
(1) The department shall prepare and publish monthly reports of reviews conducted under this part. The reports shall include a statement on the status of each pending review and a statement as to each review completed, including statements of the findings and decisions made in the course of the reviews since the last report, and the recommendations of regional certificate of need review agencies.
(2) The department shall make available to the public for examination during all business hours the applications received by them and pertinent written materials on file.
(3) The department, upon request, shall provide copies of an application or part of an application. The department may charge a reasonable fee for the copies.
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
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 18 - Surprise Medical Billing (333.24501...333.24517) › Section 333.24501 - Meaning of Words and Phrases; Principles of Construction.

333.24501 Meaning of words and phrases; principles of construction.
Sec. 24501.
(1) For purposes of this article, the words and phrases defined in sections 24502 to 24504 have the meanings ascribed to them in those sections.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
Add. 2020, Act 234, Imd. Eff. Oct. 22, 2020
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 18 - Surprise Medical Billing (333.24501...333.24517) › Section 333.24502 - Definitions; C to I.

333.24502 Definitions; C to I.
Sec. 24502.
(1) "Carrier" means any of the following:
(a) A person that issues a health benefit plan in this state, including an insurer, health maintenance organization, or any other person providing a plan of health benefits, coverage, or insurance subject to state insurance regulation.
(b) An entity that contracts with this state or a local unit of government to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services provided under a self-funded plan established or maintained by the state or local unit of government for its employees.
(2) "Department" means the department of insurance and financial services.
(3) "Director" means the director of the department or his or her designee.
(4) "Emergency patient" means an individual with a physical or mental condition that manifests itself by acute symptoms of sufficient severity, including, but not limited to, pain such that a prudent layperson, possessing average knowledge of health and medicine, could reasonably expect to result in 1 or more of the following:
(a) Placing the health of the individual or, in the case of a pregnant woman, the health of the woman or the unborn child, or both, in serious jeopardy.
(b) Serious impairment of bodily function.
(c) Serious dysfunction of a body organ or part.
(5) "Health benefit plan" means an individual or group expense-incurred hospital, medical, or surgical policy or certificate, an individual or group health maintenance organization contract, or a self-funded plan established or maintained by this state or a local unit of government for its employees. Health benefit plan does not include accident-only, credit, dental, or disability income insurance; long-term care insurance; coverage issued as a supplement to liability insurance; coverage only for a specified disease or illness; worker's compensation or similar insurance; or automobile medical-payment insurance.
(6) "Health care service" means a diagnostic procedure, medical or surgical procedure, examination, or other treatment.
(7) "Health facility" means any of the following:
(a) A hospital.
(b) A freestanding surgical outpatient facility as that term is defined in section 20104.
(c) A skilled nursing facility as that term is defined in section 20109.
(d) A physician's office or other outpatient setting, that is not otherwise described in this subsection.
(e) A laboratory.
(f) A radiology or imaging center.
(8) "Health maintenance organization" means that term as defined in section 3501 of the insurance code of 1956, 1956 PA 218, MCL 500.3501.
(9) "Hospital" means that term as defined in section 20106.
(10) "Insurer" means that term as defined in section 106 of the insurance code of 1956, 1956 PA 218, MCL 500.106.
History:
Add. 2020, Act 234, Imd. Eff. Oct. 22, 2020
Popular Name:
Act 368