Code of Vermont Rules › Agency 80 - ADMINISTRATIVE AND ADVISORY AGENCIES › Sub-Agency 280 - GREEN MOUNTAIN CARE BOARD › Chapter 004 - RULE 4.000: CERTIFICATE OF NEED › Section 80 280 004 - RULE 4.000: CERTIFICATE OF NEED

Current through June, 2024
Section 4100 GENERAL PROVISIONS
4.101 Authority.
The Green Mountain Care Board adopts this Rule pursuant to
				18 V.S.A. §§
												9375(b)(8),
				9380,
				9431(b),
				9433
				and other applicable law.
4.102 Purpose.
The purpose of this Rule is to prevent unnecessary duplication
				of health care facilities and services, promote cost containment, guide the
				establishment of health facilities and services which will best serve public
				needs, ensure the provision of high quality services and resources, and ensure
				access to and equitable allocation of such facilities and services in this
				State.
4.103 Electronic
			 Filing.
Unless otherwise specified in this Rule, all documents
				submitted to or filed with the Board shall be transmitted to the Board
				electronically, except where doing so would cause undue hardship to the person
				submitting or filing the document or where the document cannot readily be
				converted to electronic form.
4.104 Definitions.
The following terms shall have the same meanings as in
				18 V.S.A. §
												9432: "annual operating expense";
				"applicant"; "capital expenditure"; "construction"; "to develop"; "health care
				facility"; "health care provider"; "health services"; and "to offer".
The following definitions are in addition to those in
				18 V.S.A. §
												9432:
1. "Action" means any activity, such as
			 entering into a contract or the commencement of any work that leads to, is
			 intended to or is reasonably likely to lead to, the offering or development of
			 a new health care project.
2.
			 "Application" means all materials submitted to the Board by an applicant as
			 part of the Certificate of Need application review process prior to the
			 application closed date, and includes the Board's questions, and the
			 applicant's responses to the Board's questions, concerning the application and
			 the review process.
3. "Board"
			 means the Green Mountain Care Board.
4. "Certificate of Need Manual" means the
			 manual published by the Board which provides guidance and instructions,
			 consistent with applicable law, for entities seeking information about the
			 Certificate of Need process or seeking a Certificate of Need.
5. "Days" means consecutive calendar days,
			 except as follows:
(a) If a deadline falls on
			 a weekend or holiday, the deadline shall be extended to the next business
			 day;
(b) If the designated period
			 is five (5) days or fewer, weekends and holidays are not included in the
			 calculation.
6.
			 "Donation" means a gift, grant, contribution or similar conveyance of something
			 of value, whether in whole or in part, such that the recipient benefits and
			 receives something of value for less than fair market value.
7. "Equipment" means a single unit of medical
			 equipment or a single system of components with related functions used in a
			 patient care environment to support patient treatment and diagnosis or to
			 provide medical and other health services.
8. "Expenditure" means any outlay of funds,
			 including an annual operating expense or a capital expenditure, as those terms
			 are defined by
			 18 V.S.A. §§
												9432(2) and
			 9432(5),
			 respectively.
9. "Full operation"
			 means when a health service is operating, on an annual basis, at the normal and
			 customary level of service.
10.
			 "Recipient" means any person who receives a Certificate of Need from the
			 Board.
11. "Hospital" means a
			 hospital as defined in
			 18 V.S.A. §
												9402.
12. "Jurisdiction" means the Board's
			 assertion of authority over a health care project pursuant to
			 18 V.S.A. §
												9434.
13. "New health care project" has the same
			 meaning as in
			 18 V.S.A. §
												9434(a)-(b).
14. "Party" means the applicant, a competing
			 applicant, the Vermont Office of Health Care Ombudsman if it participates in
			 the review of an application pursuant to
			 18 V.S.A. §
												9440(c)(9), the Vermont Long
			 Term Care Ombudsman if it participates in the review of an application pursuant
			 to
			 18 V.S.A. §
												9440(c)(9), and any person
			 whose petition for interested party status has been granted by the
			 Board.
4.105
			 Applicability.
This Rule shall apply to all certificate of need applications
				that are filed on or after January 1, 2013.