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 33-09-03-04 - State health plan - Criteria for review - Policy issues

Current through Supplement No. 393, July, 2024
The health council will base its consideration of each
				  application subject to full review on the department's review of the proposal
				  and on the record of administrative proceedings held on the application.
				  Complex applications may, at the discretion of the department, be divided into
				  major components, each of which will be reviewed separately. Any such division
				  will be communicated to the applicant as part of the notice of purview
				  determination required by subsection 3 of section
				  33-09-03-02.
Proposal modification or redefinition following the notice
				  of purview determination, but preceding the notice that an application has been
				  deemed complete required by subdivision c of subsection 1 of section
				  33-09-03-03, may require change in
				  the division of the application by the department. Any such change in division
				  will be communicated to the applicant as part of the notice that the
				  application has been deemed complete. If an application is subdivided for
				  review by the department, the applicant may provide written notice to the
				  department of preference that the application be considered in its entirety
				  rather than its components. Such notice must include the applicant's rationale
				  for preferring the consideration to be as a whole and must be received by the
				  department within fifteen working days of the mailing date of the notice
				  deeming the application complete. Pursuant to subsection 4 of North Dakota
				  Century Code section 23-17.2-11, the health council may consider the
				  application as a whole, by major components, or may condition the approval of
				  an application in any other manner the council deems appropriate.
1.
Finding.
For each application
				or major component of an application, the health council must make a finding of
				consistent or inconsistent with the state health plan or any applicable
				document adopted by the health council as an addendum or appendix to the state
				health plan.
2.
Criteria for
				review.
The health council must make a finding of consistent,
				inconsistent, or not applicable for each of the following criteria, in relation
				to each application or major component of an application. An application or
				major component of the application must be found consistent with all criteria
				which are found applicable to the application in order to be approved by the
				health council.
a. The population served or
				to be served has a need for the services proposed to be offered or expanded
				based upon the following:
(1) Changes in the
				health needs of population within the identified service area.
(2) Unavailability of alternative existing
				facilities or resources.
(3)
				Obsolescence of existing facilities or equipment.
(4) Absence of adequate space or facilities
				to conduct a needed new or existing service.
(5) Requirement for recruitment of qualified
				personnel to respond to the needs of persons residing in the service area.
(6) Regulatory or accreditation
				requirements.
(7) Evidence that
				the proposal will reduce or prevent harm to the population intended to be
				served by the proposal.