Section 325.9229. New or revised certificate of need review standards approved by certificate of need commission.

(1) If new or revised certificate of need review standards  become effective between the time an application is filed and when the director issues a final decision on the application, then the bureau shall consider and process the application according to this rule.

(2)    If the bureau is reviewing an application, other than on a comparative review basis, and the bureau has not issued a proposed decision before the effective date of the new or revised certificate of need review standards then either of the following apply:

(a)     The applicant, within 15 days of the effective date of the new or revised certificate of needed review standards, may request, and the department may grant, an extension, under R 325.9125, of the date by which a proposed decision must be issued by the bureau under these rules and the code. During the extension period, the applicant may submit to the department and the appropriate regional certificate of need review

agency, additional information to demonstrate that the application is in compliance with the new or revised certificate of need review standards.

(b)    If an applicant requests an extension under this rule the bureau shall issue a proposed decision on the completed application, using the new or revised certificate of need review standards, on or before 45 days for nonsubstantive applications or 120 days for substantive applications, after receipt of the additional information.

(c)   If the applicant does not request an extension under this, the bureau shall issue a proposed decision on the completed application reviewed according to the new or revised certificate of need standards and the proposed decision shall be issued according to the date established under R 325.9207.

(3)   If the bureau has reviewed an application, other than on a comparative basis, and the bureau has issued a proposed decision, then either of the following applies:

(a)    The applicant may request, within 15 days of the effective date of the new or revised certificate of need review standards, and the department may grant a remand of the proposed decision to the bureau. Upon such remand, the date a final decision must be issued by the director of the department is stayed and the applicant may submit, to the department and the appropriate regional certificate of need review agency, additional information to demonstrate that the application complies with the new or revised certificate of need review standards under R 325.9125. Upon remand, the bureau shall issue a proposed decision on the completed application according to the new or revised certificate of need review standards, on or before 45 days for nonsubstantive applications or 120 days for substantive applications, after receipt of the additional information.

(b)    If the applicant does not request a remand under this rule, the director of the department shall issue a final decision on the completed application reviewed according to the new or revised certificate of need standards and the final decision shall be issued in accordance with the date established under these rules and the code.

(4)   If the bureau has reviewed an application, other than on a comparative basis; the bureau has issued a proposed decision; and the applicant has requested a hearing on a proposed decision under section 22232(1) of the code, then regardless of the stage of the hearing, either of the following apply:

(a)   The applicant may request that the matter be remanded to the bureau for further review according to subrule (3) of this rule.

(b)   If the applicant does not request a remand under this subrule, the applicant may, within 60 days following the effective date of the new or revised certificate of need review standards augment, for introduction in the hearing its testimony evidence and exhibits in support of its application with regard to the new or revised certificate of need review standards.

(c)   If an applicant does not request a remand under this subrule, the department shall submit, to the hearing officer, within 60 days of the effective date of the new or revised certificate of need review standards, or 60 days of the date an applicant has augmented the record, whichever comes later, an analysis of the applicant's compliance with the new or revised certificate of need review standards.

(5)    If an application is in a comparative review, regardless whether it is in the process of being reviewed by the bureau or in any stage of a hearing, by the director of the department, any applicant in the comparative group, within 15 days of the effective date of the new or revised certificate of need standards, may request, and the department

may grant an extension to review and issue a proposed decision on the comparative group according to the new or revised certificate of need review standards. Upon extension or remand and extension, each applicant in the comparative group may submit, within 60 days following the effective date of the new or revised certificate of need review standards to the department and the appropriate regional certificate of need review agency, additional information to demonstrate that its application complies with the new or revised certificate of need review standards. Upon such an extension or remand and extension, the bureau shall issue a single proposed decision on the completed applications, with the addition of any information submitted under this subrule from the comparative group, according to the new or revised certificate of need review standards on or before 120 days of the last date on which additional information may be submitted under this subrule. If none of the applicants request an extension or a remand and extension, for the review and issuance of a single decision on the comparative group will be based on each completed application reviewed pursuant to the new or revised certificate of need standards and the decision will be issued in accordance with the date established under these rules and the code.

(6)         The bureau shall consider the recommendation of the appropriate regional certificate of need review agency if the recommendation is received more than 30 days before the bureau or department decision dates established under this rule.

History: 1996 AACS; 2014 AACS.