Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.1 - Certificate of Need › Rule 37.106.107 - SUBMISSION OF APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) An application
				will be accepted only after submission of a letter of intent.
(2) The deadline set by the department for
				submission of an application will not exceed 90 days unless the department and
				all affected applicants agree to a longer period.
(3) No application for a proposal will be
				accepted earlier than the deadline set by
				50-5-302(5),
				MCA, for receipt of a letter of intent requesting comparative review with that
				proposal, with the exception of a proposal for which a letter of intent was
				submitted requesting comparative review with an earlier proposal.
(4) The application must contain, at a
				minimum, the information as specified by the department pursuant to ARM
				37.106.133 and
				37.106.134.
(5) The original and two copies of the
				application must be submitted to the department.
(6) If the application is received without
				the full fee ($500 or 0.3% of the application's projected capital expenditure,
				whichever is larger) , it will not be considered submitted to the department
				until the date the full fee due is received by the department. The fee must be
				paid by check made out to the department of public health and human
				services.
(7) Within 20 working
				days after receipt of an application, if the application is determined to be
				incomplete, the department shall notify the applicant in writing by mail of
				that fact and of the specific information that is necessary to complete the
				application. The department shall also indicate a time, which may be no less
				than 15 calendar days, within which the department must receive the additional
				information requested. Within 15 working days after receipt of the additional
				information, the department shall determine whether the application is
				complete.
(8) If an applicant does
				not submit adequate information within the time specified, their application
				will be considered withdrawn.
(9)
				If the applicant materially changes the proposal or the capital expenditures
				projected are increased by 15% or $150,000, whichever is greater, after the
				department declares the application complete, the department may cease review
				of the original application and require the applicant to begin the process
				again by filing a new letter of intent for the revised proposed project if it
				desires a certificate of need for it. If, after the department gives the
				applicant notice that the department considers the original proposal so altered
				that the review process must begin again, the department will continue on the
				original review schedule if the applicant notifies the department that it
				chooses to have review continue on the original application, rather than to
				commence a new review process on the revised application.
(10) The department may, in its discretion,
				conduct a comparative review of competing applications if such applications are
				being reviewed concurrently, if such comparative review can be conducted
				consistently with all other time constraints imposed by Title 50, chapter 5,
				part 3, MCA, and this subchapter, and if, as required by
				50-5-302(12),
				MCA, they pertain to similar types of facilities or equipment affecting the
				same health service area, subject to the limitation that a proposal for which a
				letter of intent is submitted requesting comparative review, pursuant to
				50-5-302(5),
				MCA, will not be reviewed comparatively with a proposal for which a letter of
				intent is filed after the 30-day deadline referred to in
				50-5-302(5),
				MCA.
AUTH:
					 2-4-201,
					 50-5-103,
					 50-5-302,
					 MCA; IMP:
					 50-5-302,
					 50-5-310,
					 MCA