Michigan Administrative Code › Department - Health and Human Services › Policy and Legislative › Policy and Innovation Division › Certificate of Need › Part 2 - APPLICATIONS; REVIEWS › Section R. 325.9207 - Substantive individual or comparative review; scheduling of reviews; procedures

Current through Vol. 24-12, July 15, 2024
Rule 207.
(1)
					 Projects subject to comparative review shall be designated under section 22229
					 of the code or the applicable certificate of need review standards. Proposed
					 projects that are not subject to comparative review and are not eligible for
					 nonsubstantive review will be subject to substantive individual review under
					 this subrule and not subrule (2) of this rule. The bureau will issue a proposed
					 decision on a certificate of need application within 120 days of the date an
					 application is deemed complete under
					 R 325.9201(3). The
					 appropriate regional certificate of need review agency will concurrently review
					 the application and submit its recommendations to the department within 90 days
					 of the date the department determines the application is complete and the
					 review period has commenced. If new or revised certificate of need review
					 standards applicable to a proposed project become effective before the issuance
					 of a final decision by the director of the department, the review and issuance
					 of proposed and final decisions shall be made in accordance with
					 R 325.9229. A review shall commence
					 on the date an application is deemed complete by the department. The
					 department, with the advice of the regional certificate of need review agency
					 will determine if an application filed by each applicant meets all applicable
					 requirements for approval under part 222 of the code.
(2) The following provisions shall apply to
					 projects subject to comparative review under section 22229 of the code:
(a) Within 30 days after the date that all of
					 the applications are deemed complete, the department shall place the timely
					 applications into comparative groups and shall notify the appropriate regional
					 certificate of need review agency and each applicant whether each comparative
					 group will be subject to comparative review. For comparative reviews, the
					 review period begins on the date in the notice under this subrule. In cases
					 where a final decision on a prior review of similar projects, services or
					 facilities in the same planning area has not yet been issued by the director,
					 the review period begins only after the director issues a final decision on
					 such prior review.
(i) For each comparative
					 group subject to comparative review, the notice shall also include all of the
					 following findings by the department:
(A) The
					 projections of need for the proposed facilities, beds, or services.
(B) That the total proposed facilities beds
					 or services in the comparative group are more than the projections of
					 need.
(C) That the applications,
					 when taken together, are mutually exclusive in that, under existing certificate
					 of need review standards, the approval of 1 or more of the applications will
					 necessarily result in the denial of other applications.