Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 560 - ABBREVIATED CERTIFICATE OF NEED REVIEW, DELAY OF REVIEW, WAIVER OF REVIEW FOR FACILITIES, AND EXPEDITED REVIEW › Section 333-560-0140 - Accelerated Certificate of Need Review for Specific Projects

Current through Register Vol. 63, No. 7, July 1, 2024
The following types of projects are eligible for accelerated
				review:
(1) The development of a "new
			 hospital" as that term is defined in OAR
			 333-550-0010(2)
 
			 when all of the following conditions are met:
(a) The new hospital is the result of a
			 relocation of an existing general hospital under OAR 333-500-0070(1)(a) and
			 does not involve a "substantial increase in services" or "change in the
			 services offered" as those terms are defined in OAR
			 333-550-0010(2)
 
			 and determined by the Authority;
(b) The existing general hospital must be
			 delicensed and acute inpatient care must not be provided at that location
			 without approval pursuant to certificate of need review. The applicant must
			 provide the Public Health Division with assurances that this condition will be
			 met. No application will be approved under this section without adequate
			 assurances of these conditions as determined by the Authority;
(c) New hospital health services will not be
			 offered for a period of three years after licensure of the new facility. A new
			 hospital health service must have been offered at the applicant's existing
			 hospital for a period of at least one year prior to the licensure of the new
			 facility in order for such service not to be considered a new hospital health
			 service when offered at the new facility. For purposes of this section, the
			 term "new hospital health service" has the same meaning as is found in OAR
			 333-550-0010(4)
 
			 and
			 333-550-0010(5)
			 through (9)  apply to this definition.
			 Projects approved under this section are subject to the full review process
			 detailed in Division 570 of this chapter and to the application and review
			 criteria established in Division 580 if a new hospital health service is
			 offered at the new facility within this three year period. The applicant must
			 provide the Public Health Division with assurances that this condition will be
			 met. No application will be approved under this section without adequate
			 assurances of these conditions as determined by the Authority;
(d) The location of the new general hospital
			 will not result in the loss of the critical access status of an existing
			 federally designated critical access hospital;
(e) A general hospital, unaffiliated with the
			 applicant, proposes to relocate its main hospital campus into the service area
			 of applicant's existing hospital. As used in this section, the term
			 "unaffiliated" means under independent ownership or control. The Authority must
			 have ruled, based upon a letter of intent, that the relocation of the
			 unaffiliated hospital is not subject to certificate of need review. As used in
			 this section, the term "service area" will be determined in accordance with the
			 provisions of OAR
			 333-550-0010(2).
(f) The applicant must demonstrate, to the
			 Authority's satisfaction, that relocation of the unaffiliated hospital will
			 have an adverse economic impact on the applicant's hospital operations and that
			 this adverse impact will jeopardize the applicant's ability to continue to
			 operate. The applicant must further demonstrate to the Authority's satisfaction
			 that loss of applicant's services will result in a significant decrease in
			 provider competition and consumer choice.
(g) The new hospital will be sited within the
			 boundaries of the service area of the hospital that is proposing to relocate
			 into the service area of the applicant's existing hospital. In addition, the
			 applicant's new hospital must be located at a site that is no further than half
			 the distance between the main campus of the hospital that is proposing to
			 relocate into the applicant's service area and either the new site of the main
			 campus of the hospital that is proposing to relocate into the applicant's
			 service area or the site of any other existing general hospital.