Section 325.9208. Comparative reviews; procedures.

(1) For a comparative group, the department, with the advice of the regional certificate of need review agency, shall review the applications within the comparative group pursuant to the following procedure:

(a)     A regional certificate of need review agency shall concurrently review the applications and submit its recommendations to the department as soon as practicable, but not later than 90 days after the notification of the start of a comparative review.

(b)     The bureau shall concurrently review and issue a single proposed decision regarding the applications in the comparative group subject to comparative review as soon as practicable, but not later than 120 days after notification of the start of a comparative review. If new or revised certificate of need review standards applicable to a proposed project become effective before the director issues a final decision, then R 325.9229 applies to the review and issuance of proposed and final decisions.

(c)    The bureau, with the advice of the regional certificate of need review agency, shall determine if the application filed by each applicant meets all applicable requirements for approval under part 222 of the code.

(d)    The bureau shall rank all qualifying projects in the comparative group as provided by the applicable certificate of need review standards and shall issue a single proposed decision. The bureau shall approve the highest ranking applications that, in total do not exceed the amount of need as determined by section 22225(1) of the code. If a higher ranking application cannot be approved because its approval would exceed the amount of need, the bureau shall approve the remaining applications in the comparative group from highest to lowest score until the level of need is met. The bureau shall issue a proposed disapproval as part of the single decision for the remaining applications in the comparative group.

(2)    This rule and R 325.9207 do not apply to certificates of need applied for and issued under sections 22233 and 22235 of the code.

History: 1986 AACS; 1996 AACS; 2014 AACS.