Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 2 - APPLICATIONS; REVIEWS › Section R. 325.9201 - Letters of intent; applications; forms; copies; attachments and supplements; content; completeness; additional information; department's authority to consider relevant information not limited; notification of information considered relevant; public availability

Current through Vol. 24-12, July 15, 2024
Rule 201.
(1)
					 Before applying for a certificate of need for a project, except for projects
					 that are covered by section 22235 of the code, a person shall submit a letter
					 of intent simultaneously to the department and the appropriate regional
					 certificate of need review agency. The letter of intent shall be on a form
					 supplied by the department. Within 15 days of receipt of a letter of intent,
					 the department shall notify the person proposing the project whether the
					 project requires a certificate of need and, if so, the type of review
					 (nonsubstantive, substantive, potential comparative) and provide the applicant
					 with appropriate forms. The department may decline to process a letter of
					 intent if the same covered service or beds already exists at that site under a
					 different entity that has submitted a letter of intent or application or has
					 previous certificate of need approval before the new letter of intent, or would
					 otherwise result in a conflicting or duplicative CON review. The department
					 shall not review any application it receives before the department finishes
					 processing the letter of intent for that application. A letter of intent
					 expires if an application has not been submitted to the department within 1
					 year of receipt of the letter of intent by the department. The department shall
					 provide the applicant with a copy of the current work plan of the certificate
					 of need commission indicating the timing by which the certificate of need
					 review standards are being revised or are scheduled to be revised by the
					 commission.
(2) At the time of
					 submission of an application, a person applying for a certificate of need shall
					 simultaneously submit 3 copies of an application, or 3 copies of any
					 supplemental documents for an electronic application, for a single project to
					 the department and, if applicable, 1 additional copy to the appropriate
					 regional certificate of need review agency. The application shall be made on
					 the application forms authorized and provided by the department. The
					 application forms may include requirements for attachments and supplements
					 specified by the department in the forms. An application shall clearly state
					 the persons, buildings and properties to which it applies and clearly define
					 the scope, nature, cost, time limits, and other aspects of the proposal. A
					 letter of intent, application, or an amendment to an approved certificate of
					 need shall be accompanied by the fee, if any, required by law and these rules.
					 A letter of intent or an amendment not accompanied by the required fee if any,
					 will not be processed until the bureau receives the required fee, if any. An
					 application not accompanied by the required fee will not be considered timely
					 and will be deemed submitted on the next designated application date after
					 receipt of the required fee. An application received, including electronic
					 submissions, that does not include statements addressing each of the review
					 criteria listed in section 22225 of the code is not timely and will be deemed
					 submitted on the next designated application date after receipt of the required
					 documents. Statements addressing section 22225are not required for proposed
					 projects eligible for nonsubstantive reviews under
					 R
					 325.9205.
(3) The department shall consider only those
					 applications that it deems submitted on or before the designated application
					 date and shall determine if the application is complete. The department may
					 request additional information and provide notification of a determination to
					 the applicant and the appropriate regional certificate of need review agency
					 within 15 days of receipt of the application. The applicant has 15 days from
					 receipt of the department's notice to respond to the request to the departments
					 satisfaction. If the department does not request additional information the
					 department shall consider the application to be complete as submitted by the
					 applicant on the designated application date. If additional information is
					 requested for applications subject to nonsubstantive or substantive review, the
					 department shall consider the application to be complete on the next designated
					 application date with or without the additional information. If additional
					 information is requested for applications subject to comparative review, the
					 department shall consider the application to be complete on the first
					 department working day of the next month, with or without the additional
					 information.
(4) This rule does not
					 limit the department's authority to consider all available information relevant
					 to the department's review of an application.
(5) An applicant may request, and the
					 department may allow, the submission of information after the date the
					 application is deemed complete if the application is not subject to comparative
					 review. When a request under this subrule is made, the department may require
					 that the applicant authorizes an extension to the date a decision must be
					 issued if the department determines that an extension is necessary to perform
					 its review.
(6) The department's
					 review shall be conducted using the completed application and any other
					 information the department considers relevant to the decision and under all
					 applicable provisions in the certificate of need review standards and the code,
					 including information which becomes available or developments which occur after
					 the date an application is deemed complete.
(7) Before issuing a proposed decision, the
					 bureau shall notify an applicant of all information that the department relied
					 upon in conducting the department's review. If the department relies on
					 information other than submitted by the applicant in its application, the
					 bureau or department shall cite in the proposed or final decision letter, as
					 applicable, the information it relied upon. The department shall make this
					 information available to the public upon request.
(8) The departments decision to request
					 additional information is not subject to administrative hearing or
					 appeal.