Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 22 - Determination of Need for New Health Care Equipment and New Institutional Health Care Services › Section 216-RICR-40-10-22.15 - Conditions of Approval

Current through June 14, 2024
A. All approvals
				  granted by the state agency are subject to the following conditions:
1. That the applicant must complete the
				  approved construction at a total cost not to exceed that stipulated in the
				  decision of the state agency;
2.
				  That the applicant will cause the project to be completed in accordance with
				  the application as approved;
3.
				  That any changes to the application as approved must be submitted to the state
				  agency for prior authorization;
4.
				  That the state agency must be apprised of the award of any contract associated
				  with the proposed new institutional health service or new health care equipment
				  and must be provided with a copy of the bid award and/or guaranteed maximum
				  price (GMP) certifying the total bid price and stipulating any and all costs
				  associated with the proposal, within a reasonable period of time as determined
				  administratively by the state agency;
5. That any change orders to the contract as
				  awarded or increase in the contract price must be submitted to the state agency
				  for information, except that change orders or other cost increases which exceed
				  the contingency reserve for a project must be submitted to the state agency for
				  prior authorization in accordance with §
											22.16   of this
				  Part;
6. That the state agency may
				  withdraw approval of any new institutional health service or new health care
				  equipment, not involving construction, if the applicant fails to initiate
				  development of such new institutional health service or new health care
				  equipment within one (1) year (or other time period for implementation as
				  specifically required in the state agency decision) of the date of such
				  approval;
7. That the state agency
				  may cancel or withdraw approval of a new institutional health service involving
				  construction if the applicant fails:
a. To
				  execute a contract to initiate such construction within one (1) year of the
				  date of approval of the application (or other time-period for implementation as
				  specifically required in the state agency decision) and;
b. To demonstrate sufficient progress towards
				  project completion as documented in the summary progress report required by
				  §
												22.15(A)(8)   of this Part;
8. That, if specifically requested in writing
				  by the state agency, a summary progress report, detailing costs incurred, shall
				  be filed with the state agency at six (6) month intervals from the date of
				  final state agency decision until full implementation of the approved new
				  institutional health service or new health care equipment;
9. That in the case of a proposed new
				  institutional health service involving new construction, the Director of Health
				  or his/her authorized representative may at any time during the course of
				  construction or upon the completion of the project make an on-site inspection
				  of the construction and equipment to check for compliance of the construction
				  in accordance with the terms of his/her prior approval;
10. That the facility shall comply with the
				  building laws, codes and regulations of the municipality where such facility is
				  located, applicable laws, codes and regulations of the State of Rhode Island,
				  and applicable federal codes and standards unless a variance therefrom shall
				  have been allowed by the appropriate agency;
11. That the state agency must be provided
				  with documentation of the final financing arrangements (including total amount
				  funded, equity funds and source, borrowed funds and source, term of loan,
				  interest rate, schedule for retirement of debt, and terms of interim borrowing,
				  if any) associated with the provision of the approved new institutional health
				  service or new health care equipment within thirty (30) days of the
				  establishment of said arrangements;
12. That failure to obtain needed zoning
				  approval(s) on a timely basis consistent with the requirements of §
											22.16   of this Part shall be
				  grounds for the withdrawal of any certificate of need granted subject to any
				  zoning approval(s); and
13. Any
				  other condition deemed appropriate by the state agency provided such condition
				  directly relates to the considerations outlined in §
											22.10(L)
				    of this Part.