Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 60 - Missouri Health Facilities Review Committee › Chapter 50 - Certificate of Need Program › Section 19 CSR 60-50.700 - Post-Decision Activity

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The committee is amending this rule to
				  define what is acceptable for aboveground construction, add budget requirements
				  for cost overrun requests, add owner, operator, and site change requirements,
				  and add Applicant Identification form.
(1) Applicants who have been granted a
				Certificate of Need (CON) or a Non-Applicability CON letter shall file reports
				by mail or email with the Missouri Health Facilities Review Committee
				(committee), using Periodic Progress Report (Form MO 580-1871), included
				herein. A report shall be filed within ten (10) days following the end of each
				six- (6-) month period after CON approval, or issuance of a Non-Applicability
				CON letter, until the project is complete which includes the licensing of all
				new beds, installation of equipment, and/or completion of renovations. All
				Periodic Progress Reports must contain a complete and accurate accounting of
				all expenditures for the report period. Final project costs with third-party
				verification must be provided on a Periodic Progress Report (Form MO 5801871),
				included herein.
(2) Applicants who
				have been granted a CON and fail to incur a capital expenditure within six (6)
				months may request an extension of six (6) months by submitting a written
				request to the committee outlining the reasons for the failure, with a listing
				of the actions to be taken within the requested extension period to insure
				compliance. The Certificate of Need Program (CONP) staff on behalf of the
				committee will analyze the request and grant an extension, if appropriate.
				Applicants may request additional extensions by submitting a completed Request
				for Extension (Form MO 580-1872), included herein, and must provide financial
				information plus other documentation describing delays.
(3) A Non-Applicability CON letter is valid
				for six (6) months from the date of issuance. Failure to incur a capital
				expenditure or purchase the proposed equipment within that time frame shall
				result in the Non-Applicability CON letter becoming null and void. The
				applicant may request one (1) six (6)-month extension unless otherwise
				constrained by statutory changes. Failure to file the required Periodic
				Progress Report shall result in the Non-Applicability CON letter becoming null
				and void.
(4) A CON shall be
				subject to forfeiture for failure to-
(A)
				Incur a project-specific capital expenditure within twelve (12) months after
				the date the CON was issued through initiation of project aboveground
				construction by any of the following: installation of structural support;
				installation of structural steel; installation of framing; establishing
				foundations and a wall or lease/purchase of the proposed equipment since a
				capital expenditure, according to generally accepted accounting principles,
				must be applied to a capital asset; or
(B) File the required Periodic Progress
				Report.