Relating to the certificate of need process

This bill relates to the certificate of need (CON) process. The bill removes from the definition of “affected person” an institutional health facility (facility) or health maintenance organization which, prior to the department health and human services’ (HHS) receipt of an application for a CON, has formally indicated to HHS an intent to furnish institutional health services as described in the application. The bill also removes payers and third-party payers for health services from the definition of “affected persons”, and “a community mental health facility” from the definition of “institutional health facility”. The bill limits the circumstances that require a health care provider to submit a CON application to the following: construction, development, or other establishment of a new facility if completion requires more than a monetary amount as specified in the bill; relocation of a facility; a capital expenditure or lease by a facility in excess of a monetary amount as specified in the bill; a permanent change in the bed capacity of a facility; an acquisition of a piece of equipment by or on behalf of a health care provider or group of health care providers; an acquisition of a piece of equipment by or on behalf of an institutional health facility or a health maintenance organization; and a mobile health service with a value in excess of $4 million. For purposes of determining the cost of the construction, development, or other establishment of a new facility that involves the lease of a building, the bill includes the market value of the leased building. The bill exempts an organized outpatient health facility that provides behavioral health services, open heart surgical services, organ transplantation services, and radiation therapy services from CON requirements. The bill eliminates the requirement that a CON applicant needs to show that any existing facilities providing institutional health services similar to those being applied for are being used in an appropriate and efficient manner. The bill no longer allows HHS to refund application fees if the CON application is voluntarily withdrawn more than calendar days after submission. The bill allows a CON applicant whose application is rejected to resubmit a revised application once without an additional application fee. The bill allows HHS to notify all affected persons of pertinent information regarding a formal review of a CON application through electronic means instead of through the news media. Under current law, a formal review of each CON application shall include a public hearing on the application where affected persons, or their representatives, shall have the opportunity to present testimony. The bill instead requires a period for the submission of written comments from affected persons on the application. Under current law, HHS may call a public hearing to consider whether to extend a CON. The bill eliminates HHS’s ability to call such a public hearing. Under current law, HHS may defer approval or denial of a CON application for up to days. The bill allows HHS to defer for a maximum of calendar days unless both the applicant and HHS agree to a longer deferment.1 (adverse health care incidents —— definitions).64 (letter of intent to precede application —— review and comment).