Hawaii Administrative Code

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the pr…

(a) The agency may review and approve, conditionally approve, or disapprove certain applications for certificate of need without referring the applications to the subarea council, the review panel, the statewide council, or the countywide review committee. (b) Projects eligible f…

(a) For purposes of consolidating for review completed applications that are or may be mutually exclusive or that present conflicting claims, the agency shall require that an application for a certificate of need pertaining to any of the following health care services, health car…

If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the p…

(a) The agency shall consider the following criteria in the review of an application for a certificate of need: (1) The need that the population served or to be served has for the services proposed to be offered or expanded, and the extent to which all residents of the area, and …

The rules in this chapter shall be liberally construed to promote mandatory planning for health care facilities and health care services in the State, in order to promote accessibility for all the people of the State to quality health care services at reasonable cost and to promo…

Any person proposing a project that requires a certificate of need may file a letter of intent with the agency at the earliest possible opportunity The letter of intent shall describe the proposed project in such detail as may be necessary to inform the agency of the nature and s…

The agency shall provide technical assistance to the applicant in the preparation and filing of the application Notes Haw. Code R. § 11-186-21 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS Sec. 323D-12) Eff. comp 8/17/2019

The applicant for a certificate of need shall file an application with the agency The application shall be filed on the form prescribed and furnished by the agency The agency shall not accept for filing any application that is not submitted on the correct form If the agency inadv…

The application form prescribed by the agency may vary according to the type of project proposed The agency may revise or amend the application forms from time to time An application form may require the applicant to provide any information that is reasonably necessary for an inf…

The applicant may file the application at any time during the year, provided that if the agency has established a deadline for the application pursuant to section 11-186-10, then the applicant shall file and complete the application on or before the applicable deadline. Notes Haw…

(a) There shall be a non-refundable filing fee for each application which shall be the sum of $200 plus 001 of the capital expenditure as defined in section 323D-2, Hawaii Revised Statutes up to $1,000,000 plus 0005 of the capital expenditure as defined in section 323D-2, Hawaii …

Unless the agency directs otherwise, the applicant shall file with the agency the original and two copies of the application In the case of a standard application which has been determined to be complete pursuant to section 11-186-30, HAR, the applicant shall mail copies of the a…

For administrative purposes, the agency shall assign a file number to each application that is filed with the agency. The file number shall indicate the year of the filing and the order of filing within the year. The agency shall not assign the same file number to any other appli…

When the same applicant has more than one proposal, the agency may direct the applicant to file a separate application for each proposal if the agency determines that separate consideration of the proposals may assist the agency in reaching an informed decision on the merits of e…

The agency requires a completed application for review. The filing of the application with the agency does not by itself mean that the application is complete. Notes Haw. Code R. § 11-186-29 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS Sec. 323D-12) Eff. comp 8/17/2019…

Whenever used in this chapter and in proceedings brought under this chapter, unless the context requires otherwise: "Acute" bed services means those inpatient services provided to patients whose average length of stay is usually less than thirty days. "Acute/long term swing bed" …

(a) An application is complete when the agency determines that the application is properly filled out and includes all necessary information. (b) The agency shall determine if the application is complete within thirty days after the application is filed. If the application is inc…

(a) When the agency determines that the application is complete, the agency shall provide written notification of the beginning of the period for the agency review of the application to the applicant and to any person who has asked the agency to place the person's name on a maili…

The agency shall prepare a review schedule for the application The review schedule shall list the dates, times, and locations of the public meetings at which the appropriate subarea council or countywide review committee, the review panel, and the statewide council shall review t…

To the extent practicable, the period for agency review of the application shall not exceed ninety days from the date of notification to the date when the agency files its decision on the merits of the application. The agency may extend the period for agency review beyond the nin…

The date of notification is the date on which the agency mails written notification of the beginning of the period for agency review of the application to the applicant pursuant to section 11-186-39 or the date on which the written notification appears in a newspaper of general c…

The agency shall provide written notification of the beginning of the period for agency review of the application to members of the public and third party payers through a newspaper of general circulation in the State At its discretion, the agency may provide written notification…

(a) For purposes of computing the amount of the total capital expenditure: (1) The total cost f all items to be obligated for or purchased within a twelve month period for a program, service, plan, or project, regardless of whether or not the cost of any individual item is in exc…

If the application is completed after it is filed, the agency may direct the applicant to provide the agency with thirty copies of the additional information required to complete the application or, if the additional information resulted in extensive revisions, additions, or dele…

(a) The agency may extend the period for agency review of the application for an additional sixty days beyond the ninety days if the agency determines that it would not be practicable to complete the review within ninety days. If the review period is extended, the agency shall no…

The applicant for a certificate of need shall have the burden of proof, including the burden of producing evidence and the burden of persuasion The degree or quantum of proof shall be a preponderance of the evidence Notes Haw. Code R. § 11-186-42 [Eff. FEB 09 1981] (Auth: HRS Sec…

To the extent practicable, each application shall be reviewed in the order in which the agency determined that the application was complete. Notes Haw. Code R. § 11-186-43 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS Sec. 323D-12) Eff. comp 8/17/2019

The agency staff shall review the file of each application filed with the agency. The agency staff may prepare one or more written staff reports on the application. A staff report may include an analysis of the application, identification of issues and a discussion of their relat…

(a) The agency shall refer a completed application other than an emergency application to the appropriate subarea council or countywide review committee, the review panel, and the statewide council for review and recommendations (b) The agency shall determine the primary target g…

(a) The statewide council, the review panel and the reconsideration committee may meet and exercise their powers in any part of the State. (b) A countywide review committee may meet and exercise its powers in any part of the county. (c) Each subarea council may meet and exercise …

Each meeting of the statewide council, the review panel, a countywide review committee, or a subarea council shall be open to the public unless the meeting is closed to the public pursuant to chapter 92, Hawaii Revised Statutes Any orderly person shall have the right to attend a …

In any proceeding before the statewide council, the review panel, a countywide review committee, a subarea council, or the reconsideration committee, any person may appear on their own behalf or the person may appear by or with an attorney or another person designated as a repres…

A quorum for the review panel to transact business shall consist of a majority of the number of members to which the review panel is entitled While a quorum is in attendance, the concurrence of a majority of the members in attendance shall make any action of the review panel vali…

The standard categories of health care services are: (1) Acute Bed Services (A) Medical/Surgical (B) Obstetrics (C) Pediatrics (D) Neonatal Intensive Care (E) Critical Care (F) Psychiatric (G) Acute/long term swing (2) Long Term Bed Services (A) Psychiatric (B) Tuberculosis (C) H…

An accurate record of votes and actions taken at any statewide council, review panel, countywide review committee, or subarea council public meeting shall be set forth in the minutes of the meeting Notes Haw. Code R. § 11-186-50 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: H…

(a) No member of a subarea council, a countywide review committee, the review panel, or the statewide council shall vote on any matter respecting an applicant with which the member, the member's spouse, the member's child, or the member's parent has (or within the twelve months p…

At any time during the period for agency review of the application, the agency may request the applicant to provide additional information respecting the subject of the review. If the agency does make such a request, the applicant shall have fifteen days in which to provide the i…

The agency may call upon technical advisory committees and individuals who have special expertise to provide technical assistance in the review of an application. Notes Haw. Code R. § 11-186-55 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS Sec. 323D-12) Eff. comp 8/17/201…

Upon request, the agency shall provide information about the status of the agency's review and other appropriate information about the review to the applicant and members of the public. Notes Haw. Code R. § 11-186-56 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS Sec. 323D…

(a) The applicant may amend the application. The applicant shall file the amendment in writing with the agency along with any other information which the agency may require. (b) Pursuant to section 11-186-59, the agency may dismiss the application without prejudice if the agency …

(a) No person shall influence or attempt to influence or attempt to influence action on any application by fraud, misrepresentation, or corruption. (b) No person shall submit or cause to be submitted false statements or information in connection with any application. (c) No perso…

(a) Without reaching a decision on the merits of the application, the agency may dismiss the application for any of the following reasons: (1) Failure of the applicant to complete the application within the time prescribed in section 11-186-30; (2) Failure of the applicant to pur…

(a) The addition or deletion of any standard category of health care service listed in section 11-186-5 is a change of service that requires a certificate of need If a health care facility proposes the addition or deletion of a health care service that is not clearly included in …

The applicant has the right to withdraw the application at any time before the agency files a written decision on the merits of the application or before the agency dismisses the application without prejudice. Notes Haw. Code R. § 11-186-60 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D…

(a) Each standard bed service category is listed in section 11-186-5 (1 and (2). The addition or deletion of any bed service category requires a certificate of need The increase or decrease in the number of beds in any bed service category requires a certificate of need The reloc…

(a) Unless the application for a certificate of need has been withdrawn or dismissed, the agency shall file a decision on the merits of the application within the required time The decision shall be in writing and shall include findings of fact and conclusions of law. (b) On the …