reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 185 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY ORDER › Section 11-185-73 - Dismissal of petition

Current through June, 2024
The agency may dismiss any petition for a declaratory
					 order that fails to comply with the requirements of section
					 11-185-71.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 185 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY ORDER › Section 11-185-74 - Public hearing on petition

Current through June, 2024
There is no right to a public hearing on the petition for
					 a declaratory order. At its discretion, the agency may hold a public hearing on
					 the petition before the agency files its written ruling on the
					 petition.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 185 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY ORDER › Section 11-185-75 - Action on petition

Current through June, 2024
Within forty-five days after the petition for a
					 declaratory order is filed, the agency shall file a written ruling on the
					 petition. The ruling shall deny the petition, stating the agency's reason or
					 reasons for the denial, or the ruling shallbe a declaratory order on the
					 matters in the petition. The agency shall send the ruling to the petitioner by
					 certified mail, returned receipt requested.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 185 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY ORDER › Section 11-185-76 - Refusal to issue declaratory order

Current through June, 2024
The agency may, for good cause, refuse to issue a
					 declaratory order. Good cause includes, but is not limited to, a finding by the
					 agency that:
(1) The question is
				  speculative or purely hypothetical and does not involve existing facts or facts
				  that can reasonably be expected to exist in the near future;
(2) The petitioner's interest is not of the
				  type that would give the petitioner standing to maintain an action if the
				  petitioner were to seek judicial relief;
(3) The issuance of the declaratory order may
				  adversely affect the interests of the agency or any of its employees in
				  litigation that is pending or may reasonably be expected to arise; or
(4) The matter is not within the jurisdiction
				  of the agency.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 185 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY ORDER › Section 11-185-77 - Declaratory order on agency's motion

Current through June, 2024
Nothing in this chapter shall operate to prevent the
					 agency, on its own motion, from issuing a declaratory order to terminate a
					 controversy or to remove uncertainty.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 185 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - MISCELLANEOUS PROVISIONS › Section 11-185-90 - Severablility

Current through June, 2024
If any provision of this chapter or the application
					 thereof to any person or circumstance is held invalid, the invalidity does not
					 affect other provisions or applications of the chapter which can be given
					 effect without the invalid provision or application, and to this end the
					 provisions of this chapter are severable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 11-186-1 - Scope

Current through June, 2024
The rules in this chapter govern procedure before the state
					 health planning and development agency, the statewide health coordinating
					 council, the review panel, the reconsideration committee, the countywide review
					 committee, and the subarea health planning councils The rules in this chapter
					 are adopted by the State pursuant to chapter 323D, Hawaii Revised Statutes, to
					 carry out the provisions of chapter 323D, Hawaii Revised Statutes relating to
					 the administration of the certificate of need program by the state health
					 planning and development agency.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 11-186-2 - Construction of rules

Current through June, 2024
The rules in this chapter shall be liberally construed to
					 promote mandatory planning for health care facilities and health care services
					 in the State, in order to promote accessibility for all the people of the State
					 to quality health care services at reasonable cost and to promote the
					 development of health delivery systems that meet the people's health care
					 needs.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 11-186-4 - Total capital expenditure

Current through June, 2024
(a) For purposes of
				  computing the amount of the total capital expenditure:
(1) The total cost f all items to be
				  obligated for or purchased within a twelve month period for a program, service,
				  plan, or project, regardless of whether or not the cost of any individual item
				  is in excess of the expenditure minimum, is included in the computation;
(2) The cost of equipment which is
				  not used for diagnosis or treatment, and which does not exceed the expenditure
				  minimum for a single item or for a system, such as office equipment, usual
				  business equipment, and office and waiting room furniture, is exempt from the
				  computation;
(3) The cost of normal
				  inventories of supplies such as glassware, chemicals, drugs, linens, and paper,
				  is exempt from the computation;
(4)
				  In the case of the acquisition of equipment or capital items, the cost of
				  installation and the cost of initial training and instruction attendants to the
				  use of the equipment or capital items are included in the computation;
				  and
(5) In the case of the
				  acquisition of equipment or capital items, the operating costs beyond the cost
				  of installation and the cost of initial training and instruction attendant to
				  the use of the equipment or capital items are exempt from the computation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 11-186-5 - Standard categories of health care services

Current through June, 2024
The standard categories of health care services are:
(1) Acute Bed Services
(A) Medical/Surgical
(B) Obstetrics
(C) Pediatrics
(D) Neonatal Intensive Care
(E) Critical Care
(F) Psychiatric
(G) Acute/long term swing
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 11-186-6 - Change of health care service requiring a certificate of need

Current through June, 2024
(a) The addition or deletion of any standard
				  category of health care service listed in section
				  11-186-5
				  is a change of service that requires a certificate of need If a health care
				  facility proposes the addition or deletion of a health care service that is not
				  clearly included in one of the standard categories, the agency shall determine
				  whether or not the change is a change of service that requires a certificate of
				  need
(b) Any change of location of
				  a health service is a change of service that requires a certificate of need
				  unless the agency determines in writing that the change of location does not
				  significantly affect the delivery of service to the target group. In making
				  this determination, the agency shall consider:
(1) The distance from the old location to the
				  new location;
(2) The accessibility
				  and acceptability of the new location to the target group; and
(3) Any other factors that the agency deems
				  relevant to an informed determination.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 11-186-7 - Change of beds requiring a certificate of need

Current through June, 2024
(a) Each
				  standard bed service category is listed in section
				  11-186-5
				  (1 and (2). The addition or deletion of any bed service category requires a
				  certificate of need The increase or decrease in the number of beds in any bed
				  service category requires a certificate of need The relocation of beds from one
				  physical facility or site to another physical facility or site requires a
				  certificate of need
(b) Any
				  increase or decrease in the number of beds in any standard bed service category
				  does not require a certificate of need if it is a temporary change that does
				  not exceed ninety days.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 2 - CONSOLIDATION FOR REVIEW › Section 11-186-10 - Deadlines for filing and completion of applications

Current through June, 2024
(a) For
				  purposes of consolidating for review completed applications that are or may be
				  mutually exclusive or that present conflicting claims, the agency shall require
				  that an application for a certificate of need pertaining to any of the
				  following health care services, health care facilities, or equipment affecting
				  the same health service area be filed and completed by the applicant on or
				  before the following deadlines:
(1) Acute bed
				  services involving new construction: the agency's first business day in
				  January, May and September.
(2)
				  Long term bed services involving new construction: the agency's first business
				  day in March, July and November.
(3) Computed tomography, Magnetic resonance
				  imaging and extracorporeal shock wave lithotripsy: the agency's first business
				  day in February, April, June, August, October and December.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 3 - CRITERIA FOR AGENCY REVIEWS › Section 11-186-15 - Criteria

Current through June, 2024
(a) The agency shall consider the following
				  criteria in the review of an application for a certificate of need:
(1) The need that the population served or to
				  be served has for the services proposed to be offered or expanded, and the
				  extent to which all residents of the area, and in particular low income
				  persons, racial and ethnic minorities, women, persons with disabilities and
				  other underserved groups, and the elderly, are likely to have access to those
				  services;
(2) In the case of
				  reduction or elimination of a service, including the relocation of a facility
				  or service:
(A) The need that the population
				  presently served has for the service;
(B) The extent to which that need will be met
				  adequately by the proposed relocation or by alternative arrangements;
				  and
(C) The effect of the
				  reduction, elimination, or relocation of the service on the ability of low
				  income persons, racial and ethnic minorities, women, persons with disabilities,
				  and other underserved groups, and the elderly, to obtain needed health
				  care;
(3) The probable
				  impact of the proposal on the overall costs of health services to the
				  community;
(4) The probable impact
				  of the proposal on the costs of and charges for providing health services by
				  the applicant;
(5) The immediate
				  and long term financial feasibility of the proposal;
(6) The applicant's compliance with federal
				  and state licensure and certification requirements;
(7) The quality of the health care services
				  proposed;
(8) In the case of
				  existing health services or facilities, the quality of care provided by those
				  facilities in the past;
(9) The
				  relationship of the proposal to the state health services and facilities
				  plan;
(10) The relationship of the
				  proposal to the existing health care system of the area;
(11) The availability of less costly or more
				  effective alternative methods of providing service;
(12) The availability of resources (including
				  health personnel, management personnel, and funds for capital and operating
				  needs) for the provision of the services proposed to be provided and the need
				  for alternative uses of these resources as identified by the state health
				  services and facilities plan.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 4 - FILING AND COMPLETION OF APPLICATIONS › Section 11-186-20 - Letters of Intent

Current through June, 2024
Any person proposing a project that requires a certificate
					 of need may file a letter of intent with the agency at the earliest possible
					 opportunity The letter of intent shall describe the proposed project in such
					 detail as may be necessary to inform the agency of the nature and scope of the
					 proposed project The letter of intent shall include a description of the
					 proposed project, its estimated cost, its location, and its estimated schedule
					 The agency may require the person proposing the project to file additional
					 information about the project with the agency as the information becomes
					 available during the course of planning for the project A letter of intent and
					 any information filed with the agency in accordance with this section shall not
					 constitute an application for a certificate of need
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 4 - FILING AND COMPLETION OF APPLICATIONS › Section 11-186-22 - Filing of application

Current through June, 2024
The applicant for a certificate of need shall file an
					 application with the agency The application shall be filed on the form
					 prescribed and furnished by the agency The agency shall not accept for filing
					 any application that is not submitted on the correct form If the agency
					 inadvertently accepts for filing an application that is not submitted on the
					 correct form, the agency shall return the application to the applicant and
					 require the applicant to submit the application on the correct
					 form.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 4 - FILING AND COMPLETION OF APPLICATIONS › Section 11-186-23 - Application forms

Current through June, 2024
The application form prescribed by the agency may vary
					 according to the type of project proposed The agency may revise or amend the
					 application forms from time to time An application form may require the
					 applicant to provide any information that is reasonably necessary for an
					 informed review of the application, and the applicant shall provide the
					 information in the form and manner that the agency may prescribe The agency may
					 require the application to provide supporting documentation for the information
					 submitted in the application
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 4 - FILING AND COMPLETION OF APPLICATIONS › Section 11-186-24 - When to file application

Current through June, 2024
The applicant may file the application at any time during
					 the year, provided that if the agency has established a deadline for the
					 application pursuant to section
					 11-186-10,
					 then the applicant shall file and complete the application on or before the
					 applicable deadline.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 4 - FILING AND COMPLETION OF APPLICATIONS › Section 11-186-25 - Filing fee for application

Current through June, 2024
(a) There shall be
				  a non-refundable filing fee for each application which shall be the sum of $200
				  plus 001 of the capital expenditure as defined in section
				  323D-2, Hawaii
				  Revised Statutes up to $1,000,000 plus 0005 of the capital expenditure as
				  defined in section
				  323D-2, Hawaii
				  Revised Statutes in excess of $1,000,000
(b) The applicant shall pay the filing fee
				  when the application is filed and the agency shall accept an application only
				  when such application is accompanied by the filing fee paid in full.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 4 - FILING AND COMPLETION OF APPLICATIONS › Section 11-186-26 - Number of copies filed

Current through June, 2024
Unless the agency directs otherwise, the applicant shall
					 file with the agency the original and two copies of the application In the case
					 of a standard application which has been determined to be complete pursuant to
					 section
					 11-186-30,
					 HAR, the applicant shall mail copies of the application to members of the
					 reviewing bodies including the subarea health planning council or the
					 countywide review committee, the review panel and the statewide council The
					 agency shall provide the applicant with the names and mailing addresses of the
					 members of the reviewing bodies.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 4 - FILING AND COMPLETION OF APPLICATIONS › Section 11-186-27 - File number assigned to application

Current through June, 2024
For administrative purposes, the agency shall assign a file
					 number to each application that is filed with the agency. The file number shall
					 indicate the year of the filing and the order of filing within the year. The
					 agency shall not assign the same file number to any other application. A file
					 number shall not be transferred from one application to any other application.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 4 - FILING AND COMPLETION OF APPLICATIONS › Section 11-186-28 - Separate applications

Current through June, 2024
When the same applicant has more than one proposal, the
					 agency may direct the applicant to file a separate application for each
					 proposal if the agency determines that separate consideration of the proposals
					 may assist the agency in reaching an informed decision on the merits of each
					 proposal.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 4 - FILING AND COMPLETION OF APPLICATIONS › Section 11-186-29 - Completed application required

Current through June, 2024
The agency requires a completed application for review. The
					 filing of the application with the agency does not by itself mean that the
					 application is complete.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 4 - FILING AND COMPLETION OF APPLICATIONS › Section 11-186-30 - Determination of completeness

Current through June, 2024
(a) An application
				  is complete when the agency determines that the application is properly filled
				  out and includes all necessary information.
(b) The agency shall determine if the
				  application is complete within thirty days after the application is filed. If
				  the application is incomplete, the agency shall notify the applicant of the
				  actions or additional information required to complete the application. The
				  applicant shall have sixty days in which to complete the application. The sixty
				  days shall be computed from the date when the agency provides notification to
				  the applicant.
(c) If the applicant
				  fails to complete the application within the sixty days, the agency may dismiss
				  the application without prejudice pursuant to section
				  11-186-59.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-35 - Written notification to persons

Current through June, 2024
(a) When the agency
				  determines that the application is complete, the agency shall provide written
				  notification of the beginning of the period for the agency review of the
				  application to the applicant and to any person who has asked the agency to
				  place the person's name on a mailing list maintained by the agency. The written
				  notification shall include the review schedule for the application.
(b) This section shall not apply to any
				  emergency application for a certificate of need pursuant to section
				  11-186-99.
				  This section shall not apply to an application for a certificate of need for
				  which the agency has established a deadline pursuant to section
				  11-186-10,
				  until the beginning of the next applicable review cycle after the application
				  is filed and completed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-36 - Review schedule

Current through June, 2024
The agency shall prepare a review schedule for the
					 application The review schedule shall list the dates, times, and locations of
					 the public meetings at which the appropriate subarea council or countywide
					 review committee, the review panel, and the statewide council shall review the
					 application The review schedule is subject to later revision upon notice to the
					 applicant and to any person who has asked the agency to place the person's name
					 on a mailing list maintained by the agency
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-37 - Length of review period

Current through June, 2024
To the extent practicable, the period for agency review of
					 the application shall not exceed ninety days from the date of notification to
					 the date when the agency files its decision on the merits of the application.
					 The agency may extend the period for agency review beyond the ninety days as
					 provided in section
					 11-186-41.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-38 - Date of notification

Current through June, 2024
The date of notification is the date on which the agency
					 mails written notification of the beginning of the period for agency review of
					 the application to the applicant pursuant to section
					 11-186-39
					 or the date on which the written notification appears in a newspaper of general
					 circulation pursuant to section
					 11-186-39,
					 whichever date is later The period for agency review shall begin on the date of
					 notification
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-39 - Method of notification

Current through June, 2024
The agency shall provide written notification of the
					 beginning of the period for agency review of the application to members of the
					 public and third party payers through a newspaper of general circulation in the
					 State At its discretion, the agency may provide written notification through
					 additional public information channels The agency shall provide written
					 notification to the applicant by mail
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-40 - Additional copies

Current through June, 2024
If the application is completed after it is filed, the
					 agency may direct the applicant to provide the agency with thirty copies of the
					 additional information required to complete the application or, if the
					 additional information resulted in extensive revisions, additions, or deletions
					 to the application, the agency may direct the applicant to provide the agency
					 with thirty copies of the completed application.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-41 - Extension of review period

Current through June, 2024
(a) The agency may
				  extend the period for agency review of the application for an additional sixty
				  days beyond the ninety days if the agency determines that it would not be
				  practicable to complete the review within ninety days. If the review period is
				  extended, the agency shall notify the applicant in writing during the ninety
				  days. The notification shall include a statement of the reason or reasons for
				  the extension.
(b) The agency shall
				  extend the period for agency review fifteen days at the request of the
				  applicant if, during the period for agency review of the application, the
				  agency requests the applicant to provide additional information respecting the
				  subject of the review pursuant to section
				  11-186-54.
				  If the review period is extended, the agency shall notify the applicant in
				  writing. The extension shall apply to all other applications which have been
				  consolidated for review with the application for which additional information
				  is required. In that event, the agency shall notify the other applicants in
				  writing of the extension.
(c) The
				  agency may extend the period for agency review for a length of time equivalent
				  to the length of time during which the period for agency review of the
				  application did not run pursuant to section
				  11-186-59,
If the review period is extended, the agency shall notify
					 the applicant in writing.
(d) The agency may extend the period for
				  agency review if the agency and the applicant agree in writing to the extension
				  and the length of the extension.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-42 - Burden of proof

Current through June, 2024
The applicant for a certificate of need shall have the
					 burden of proof, including the burden of producing evidence and the burden of
					 persuasion The degree or quantum of proof shall be a preponderance of the
					 evidence
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-43 - Order for review

Current through June, 2024
To the extent practicable, each application shall be
					 reviewed in the order in which the agency determined that the application was
					 complete.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-44 - Staff review and reports

Current through June, 2024
The agency staff shall review the file of each application
					 filed with the agency. The agency staff may prepare one or more written staff
					 reports on the application. A staff report may include an analysis of the
					 application, identification of issues and a discussion of their relationship to
					 the applicable criteria for a certificate of need and any staff recommendations
					 on the application. In the case of applications consolidated for review, a
					 staff report may include a comparative analysis of the applications,
					 identification of issues and a discussion of their relationships to the
					 applicable criteria for a certificate of need, and any staff recommendations of
					 the applications. The staff report shall be made a part of the file of the
					 application. The staff report shall be provided to the applicant, any other
					 persons upon written request, any subarea council or countywide review
					 committee that reviews the application, and to the review panel and the
					 statewide council if the review panel and the statewide council review the
					 application. The agency staff may participate in any public meeting or public
					 hearing held on any application.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-45 - Review of completed standard application

Current through June, 2024
(a) The
				  agency shall refer a completed application other than an emergency application
				  to the appropriate subarea council or countywide review committee, the review
				  panel, and the statewide council for review and recommendations
(b) The agency shall determine the primary
				  target group for the proposal. Prior to the determination, the agency may
				  consult with the chairperson of any subarea council or the chairperson of any
				  countywide review committee.
(1) If the
				  agency determines that the application's primary target group is the population
				  of one subarea, the application shall be referred to the subarea council for
				  that subarea.
(2) If the agency
				  determines that the application's primary target group is the population of two
				  or more subareas in a county, the application shall be referred to a countywide
				  review committee consisting of two members from each subarea council in the
				  county to be appointed by the subarea council.
(3) If the agency determines that the
				  application's primary target group is the entire population of the State, the
				  application shall be referred to each subarea council in the State.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-45.1 - Joint Review

Current through June, 2024
(a) The subarea
				  council or the countywide review committee may join together with the review
				  panel for a joint review of a certificate of need application.
(b) The review panel and the statewide
				  council may join together for a joint review of a certificate of need
				  application.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-46 - Location of meetings

Current through June, 2024
(a) The statewide
				  council, the review panel and the reconsideration committee may meet and
				  exercise their powers in any part of the State.
(b) A countywide review committee may meet
				  and exercise its powers in any part of the county.
(c) Each subarea council may meet and
				  exercise its power in its geographical area.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-47 - Right to attend public meeting

Current through June, 2024
Each meeting of the statewide council, the review panel, a
					 countywide review committee, or a subarea council shall be open to the public
					 unless the meeting is closed to the public pursuant to chapter 92, Hawaii
					 Revised Statutes Any orderly person shall have the right to attend a meeting
					 open to the public; provided that any person who wilfully disrupts a meeting to
					 prevent and compromise the conduct of the meeting shall be removed from the
					 meeting
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-48 - Appearances

Current through June, 2024
In any proceeding before the statewide council, the review
					 panel, a countywide review committee, a subarea council, or the reconsideration
					 committee, any person may appear on their own behalf or the person may appear
					 by or with an attorney or another person designated as a representative If a
					 person is represented by an attorney, the attorney shall be licensed to
					 practice law by the Supreme Court of Hawaii The statewide council, the review
					 panel, a countywide review committee, a subarea council, or the reconsideration
					 committee may at any time require any person who is appearing in a
					 representative capacity to show their authority to act in that
					 capacity.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-49 - Review panel quorum

Current through June, 2024
A quorum for the review panel to transact business shall
					 consist of a majority of the number of members to which the review panel is
					 entitled While a quorum is in attendance, the concurrence of a majority of the
					 members in attendance shall make any action of the review panel
					 valid.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-50 - Record of votes

Current through June, 2024
An accurate record of votes and actions taken at any
					 statewide council, review panel, countywide review committee, or subarea
					 council public meeting shall be set forth in the minutes of the
					 meeting
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-51 - Conflicts of interest

Current through June, 2024
(a) No member of a
				  subarea council, a countywide review committee, the review panel, or the
				  statewide council shall vote on any matter respecting an applicant with which
				  the member, the member's spouse, the member's child, or the member's parent has
				  (or within the twelve months preceding the vote, had any substantial ownership,
				  directorship, officership, employment, prospective employment for which
				  negotiations have begun, medical staff, fiduciary, contractual, creditor,
				  debtor, or consultative relationship
(b) If such a relationship exists or has
				  existed, the member shall make a written or oral disclosure of the relationship
				  before any action is taken with respect to the applicant by the subarea
				  council, countywide review committee, review panel, or statewide council, to
				  which the member belongs and the member shall make the relationship public in
				  any meeting in which action is to be taken with respect to the
				  applicant.
(c) Where any other
				  conflict of interest exists, a member of a subarea council, countywide review
				  committee, review panel, or statewide council shall be disqualified from voting
				  in the review of an application. The provisions of chapter 84, Hawaii Revised
				  Statutes, and the decisions, advisory opinions, and informal advisory opinions
				  of the state ethics commission shall serve as guidelines in determining whether
				  a conflict of interest exists.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-54 - Request for additional information

Current through June, 2024
At any time during the period for agency review of the
					 application, the agency may request the applicant to provide additional
					 information respecting the subject of the review. If the agency does make such
					 a request, the applicant shall have fifteen days in which to provide the
					 information to the agency, and the period for agency review shall, at the
					 request of the applicant, be extended fifteen days. This extension shall apply
					 to all other applications which have been consolidated for review with the
					 application for which additional information is requested. If the applicant
					 fails to provide the additional information to the agency within the fifteen
					 days, the agency may dismiss the application without prejudice pursuant to
					 section
					 11-186-59.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-55 - Technical advisory committees and experts

Current through June, 2024
The agency may call upon technical advisory committees and
					 individuals who have special expertise to provide technical assistance in the
					 review of an application.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-56 - Notification of status

Current through June, 2024
Upon request, the agency shall provide information about
					 the status of the agency's review and other appropriate information about the
					 review to the applicant and members of the public.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-57 - Amendment to application

Current through June, 2024
(a) The applicant
				  may amend the application. The applicant shall file the amendment in writing
				  with the agency along with any other information which the agency may
				  require.
(b) Pursuant to section
				  11-186-59,
				  the agency may dismiss the application without prejudice if the agency
				  determines that the amendment is a material change in the application, that the
				  amendment necessitates major revisions to the application, and that there is
				  insufficient time remaining in the period for agency review for the agency to
				  make an informed decision on the merits of the application as amended.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-58 - Prohibited conduct

Current through June, 2024
(a) No person shall
				  influence or attempt to influence or attempt to influence action on any
				  application by fraud, misrepresentation, or corruption.
(b) No person shall submit or cause to be
				  submitted false statements or information in connection with any
				  application.
(c) No person shall
				  disrupt or interfere with the fair and orderly review of any
				  application.
(d) If any person
				  violates any subsection of this section, the agency may take appropriate action
				  to protect the public interest, including, but not limited to, issuing a verbal
				  or written warning to the person, excluding the person from any public meeting
				  or public hearing on the application, denying any request made by the person in
				  connection with the application, or dismissing without prejudice any
				  application of the person pursuant to section
				  11-186-59.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-59 - Dismissal without prejudice

Current through June, 2024
(a) Without
				  reaching a decision on the merits of the application, the agency may dismiss
				  the application for any of the following reasons:
(1) Failure of the applicant to complete the
				  application within the time prescribed in section
				  11-186-30;
(2) Failure of the applicant to pursue the
				  application;
(3) Failure of the
				  applicant to respond to written agency correspondence addressed to the
				  applicant;
(4) Failure of the
				  applicant to provide any additional information requested by the agency within
				  the time prescribed in section
				  11-186-54;
(5) An amendment to the applicant, if the
				  amendment meets the criteria prescribed in section
				  11-186-57;
				  or
(6) Prohibited conduct by the
				  applicant pursuant to section
				  11-186-58.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 5 - REVIEW PROCEDURES › Section 11-186-60 - Withdrawal of application

Current through June, 2024
The applicant has the right to withdraw the application at
					 any time before the agency files a written decision on the merits of the
					 application or before the agency dismisses the application without
					 prejudice.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 6 - DECISION AND FINDINGS › Section 11-186-70 - Decision on the merits

Current through June, 2024
(a) Unless the
				  application for a certificate of need has been withdrawn or dismissed, the
				  agency shall file a decision on the merits of the application within the
				  required time The decision shall be in writing and shall include findings of
				  fact and conclusions of law.
(b) On
				  the date that the agency files its decision, the agency shall send the decision
				  to the applicant by certified mail, return receipt requested, and deliver to
				  addressee only. The agency shall send or make available the decision to any
				  other person upon the person's written request.
(c) The decision on the merits of an
				  application, other than an emergency application for a certificate of need, is
				  not a final decision of the agency when it is filed. The decision shall become
				  final after there is an opportunity for any person to request a public hearing
				  for reconsideration of the decision pursuant to section
				  11-186-82.
(d) When the agency sends or makes available
				  the decision to any person, a written notice shall accompany the decision. The
				  written notice shall state that the decision is not a final decision of the
				  agency when it is filed; that any person may request a public hearing for
				  reconsideration of the decision pursuant to section
				  11-186-82;
				  that the decision shall become final if no person makes a timely request for a
				  public hearing for a reconsideration of the decision; that if there is a timely
				  request for a public hearing for reconsideration of the decision and after the
				  agency's final action on the reconsideration, the decision shall become final.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 6 - DECISION AND FINDINGS › Section 11-186-71 - Failure to act within the required time

Current through June, 2024
A certificate of need shall not be issued or denied solely
					 because the agency failed to file a decision within the required
					 time.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 6 - DECISION AND FINDINGS › Section 11-186-74 - Terms of issuance

Current through June, 2024
If a certificate of need is issued, the certificate of need
					 shall specify terms of issuance, including a description of the nature and the
					 extent of the activity or activities authorized by the certificate of
					 need.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 6 - DECISION AND FINDINGS › Section 11-186-75 - Increase in project cost

Current through June, 2024
(a) In issuing a
				  certificate of need, the agency shall specify in writing the maximum capital
				  expenditure that may be obligated under the certificate of need.
(b) Any increase in the cost of the approved
				  project that exceeds or may exceed the maximum capital expenditure by fifteen
				  per cent or by the expenditure minimum shall require the agency's prior written
				  approval or, if the agency directs, an additional certificate of need.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 6 - DECISION AND FINDINGS › Section 11-186-76 - Statement of reasons

Current through June, 2024
(a) If the agency's
				  final decision on a certificate of need is inconsistent with a reconimendation,
				  the agency shall send to the subarea council, the countywide review committee,
				  the review panel, or the statewide council that made the recommendation a
				  written explanation for the inconsistency.
(b) If the agency's final decision is
				  inconsistent with the goals of the state health plan, the agency shall send a
				  written explanation for the inconsistency to the subarea council or countywide
				  review committee that reviewed the application, the review panel, and the
				  statewide council.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 186 - CERTIFICATE OF NEED PROGRAM › Subchapter 6 - DECISION AND FINDINGS › Section 11-186-77 - Conditional certification

Current through June, 2024
At its discretion, the agency may issue a conditional
					 certification to an application which, by modification of specific items of the
					 application, may successfully meet the criteria for the issuance of a
					 certificate of "need. The agency shall not make the decision subject to any
					 condition unless the condition directly relates to criteria established by law.
					 The agency shall notify the applicant in writing of the modifications required
					 and of the time period within which the modifications are to be made. The
					 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 in writing to the agency that the required modifications to the
					 application have been made. The agency shall deny any application in which the
					 required modifications have not been made within the time period, established
					 by the agency.