North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-09 - Certificate of Need for Expansion of Hospital Facilities › Chapter 33-09-03 - Certificate of Need › Section 33-09-03-03 - Types of review - Procedures

Current through Supplement No. 393, July, 2024
1.
Full review.
A full review must be conducted of each proposal
				found subject under North Dakota Century Code section 23-17.2-03, unless the
				proposal is found eligible for a special review under provisions of subsection
				2 of this section.
a. Completed applications
				must be submitted to the department. Each application must be accompanied by a
				fee payable to the North Dakota state department of health and consolidated
				laboratories as prescribed by North Dakota Century Code section 23-17.2-09.
b. Applications received with
				appropriate fee will be reviewed for completeness by the department within
				fifteen working days of receipt. Each application must address the state health
				plan, each of the criteria for review and each of the policy issues stated in
				section 33-09-03-04, and must include
				documentation of assertions found in the application. Submissions of requested
				additional information will be reviewed for completeness within fifteen working
				days of receipt. The department must deem the application complete or request
				necessary additional information from the applicant by the fifteenth working
				day. Such additional information must include documentation of assertions found
				in the application. No information may be required of an applicant which is not
				reasonably related to the state health plan, criteria for review, or policy
				issues specified in section
				33-09-03-04 and necessary to
				perform review of the application.
c. Written notice that an application has
				been deemed complete will be provided to the applicant and must be published in
				one or more newspapers of general circulation within the affected service area.
				The notice must include:
(1) The name and
				address of the applicant, and a description of the proposal and its estimated
				costs.
(2) The proposed schedule
				for review.
(3) The time and
				manner by which affected persons may request an informal local hearing to
				provide additional information concerning the application.
(4) The date of notice shall be the date of
				earliest publication or fourteen days following the date on which the
				application is deemed complete, whichever comes first.
d. The department will have ninety days from
				the date of notice of completeness to conduct a review of the application based
				on criteria specified in section
				33-09-03-04. The ninety-day-review
				period may be extended with concurrence of the applicant and the department.
				Recommendations of the department will be communicated to the applicant and to
				the health council.
e. The health
				council may, at its option for the purpose of simultaneous consideration of
				like applications, delay consideration of certain applications. In such
				circumstances, the health council shall specify to the applicant a date certain
				by which the application will be considered. In no case will the health council
				cause consideration of any application to be delayed more than one hundred
				eighty days without the consent of the applicant.
f. The health council will, except in cases
				described in subdivision e of subsection 1 of section
				33-09-03-03, make its
				determination at the next scheduled meeting following completion of the
				department's review. The department will cause the determination and the basis
				for the determination to be communicated to the applicant in writing. This
				communication will be made within five working days of the date of
				determination. Written notice of the determination must be published in one or
				more newspapers of general circulation within the affected service area. The
				notice must include:
(1) The name and address
				of the applicant and a description of the proposal and its proposed costs.
(2) The determination of the
				health council.
(3) The time and
				manner by which affected persons may request a hearing conducted under North
				Dakota Century Code chapters 28-32 and 23-17.2 for reconsideration of the
				health council's determination.
(4) The manner in which additional
				information concerning the application or the reconsideration process may be
				obtained.
(5) Affected persons
				will have a minimum of fifteen days to respond following earliest publication
				of the notice.