Relating to the certificate of need process

This bill relates to the certificate of need (CON) process. _____ 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; and a mobile health service with a value in excess of $4 million. 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 The bill no longer allows HHS to refund application fees if the CON application is voluntarily withdrawn more than calendar days after submission.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 distribution instead of through the news media. The bill allows an affected person, or the affected person’s legal representative, to submit written testimony for a hearing on a CON application from the date HHS gives notice on the hearing until end of business on the calendar day immediately preceding the hearing. _____ application constitutes denial of the application. The bill eliminates this denial. 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).