Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart D - Health Planning › Chapter 301 - LIMITATION ON FEDERAL PARTICIPATION FOR CAPITAL EXPENDITURES › Section 301.10 - Continuing effect of determinations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except in the case of a long-term
				  construction plan of the type described in subsection (b), where the designated
				  planning agency has found that a proposed capital expenditure is in conformity
				  with the standards, criteria and plans described in §
										301.4(a)(2)
				  (relating to designation; review of proposed capital expenditures), the
				  obligation for capital expenditure shall be incurred not more than 1 year
				  following the date of the finding; provided, that the designated planning
				  agency may, under a showing of good cause by the person proposing the
				  expenditure, extend the period during which the obligation shall be incurred
				  for up to an additional 6 months from the expiration date of the original
				  approval. The health systems agency shall contact the applicant no later than
				  10 months after the designated planning agency approval to notify the person of
				  the expiration date and of the procedure for requesting a 6-month extension for
				  good cause. If no obligation is incurred within the period or, if incurred, the
				  facility or organization has not started construction or purchased the
				  equipment for which the approval was granted, within 6 months following the
				  expiration date for incurring an obligation, the approval of the designated
				  planning agency shall, for purposes of this chapter, be deemed to be terminated
				  upon the expiration of the applicable period. When a project approval is
				  terminated for failure to incur an obligation or to start construction or
				  purchase equipment in a timely manner, the designated planning agency will
				  notify the applicant in writing of the termination.
(b) In the case of a plan for capital
				  expenditures proposed by or on behalf of a health care facility or health
				  maintenance organization under which a series of obligations for capital
				  expenditures for discrete components of the plan is to be incurred over a
				  period longer than 1 year, the designated planning agency may review and
				  approve or disapprove, for purposes of this chapter, those of capital
				  expenditures which it estimates will be incurred within 3 years following the
				  date of approval or disapproval.
(c) Problems shall be dealt with as follows:
(1) In any case in which the Secretary of HHS
				  has determined under a finding by the designated planning agency that a
				  proposed capital expenditure is not in conformity with the standards, criteria
				  or plans described in §
											301.4(a)(2), that
				  expenses related to the capital expenditure will not be included in determining
				  Federal payments under Titles V, XVIII and XIX of the act (42 U.S.C.A. §§
												701-709,
				  1395-1395zz and
				  1396-1396ff), the health
				  care facility or health maintenance organization to whom the payments are made
				  shall be entitled, upon its request to the designated planning agency in such
				  form and manner and supported by information as the agency may require, to a
				  reconsideration by the designated planning agency of the finding:
(i) Whenever there is a substantial change in
				  existing or proposed health facilities or services of the type proposed in the
				  area served by the facility or organization.
(ii) Upon a substantial change in the need
				  for facilities or services of the type proposed in the area served by the
				  facility or organization as reflected in the standards, criteria or plans
				  referred to in §
												301.4(a)(2).
(iii) At any time following the expiration of
				  3 years from the date of the finding of the designated planning agency or of
				  its last reconsideration of a finding under this subsection, whichever is
				  later.