Hawaii Administrative Code

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…

Notes Haw. Code R. § 11-186-52 Eff. 2/9/81; R JAN 21, 1988

Notes Haw. Code R. § 11-186-53 Eff. 2/9/81; R JAN 21, 1988

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 …

A certificate of need shall not be issued or denied solely because the agency failed to file a decision within the required time. Notes Haw. Code R. § 11-186-71 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS Sec. 323D-12) Eff. am and comp 8/17/2019

Notes Haw. Code R. § 11-186-72 Eff. 2/9/91; R JAN 21, 1988

Notes Haw. Code R. § 11-186-73 Eff. 2/9/91; R JAN 21, 1988

If a certificate of need is issued, the certificate of need shall specify terms of issuance, including a description of the nature and the extent of the activity or activities authorized by the certificate of need. Notes Haw. Code R. § 11-186-74 [Eff. FEB 09 1981] (Auth: HRS Sec.…

(a) In issuing a certificate of need, the agency shall specify in writing the maximum capital expenditure that may be obligated under the certificate of need. (b) Any increase in the cost of the approved project that exceeds or may exceed the maximum capital expenditure by fiftee…

(a) If the agency's final decision on a certificate of need is inconsistent with a reconimendation, the agency shall send to the subarea council, the countywide review committee, the review panel, or the statewide council that made the recommendation a written explanation for the…

At its discretion, the agency may issue a conditional certification to an application which, by modification of specific items of the application, may successfully meet the criteria for the issuance of a certificate of "need. The agency shall not make the decision subject to any …

(a) Any person may, for good cause shown, request in writing a public hearing before a reconsideration committee for reconsideration of the agency's decision on the merits filed in section 11-186-70. The request shall be in writing and shall include a statement of the nature of t…

Notes Haw. Code R. § 11-186-83 Eff. 2/9/81; R R 1/21/88

Notes Haw. Code R. § 11-186-84 Eff. 2/9/81; R JAN 21, 1988

A certificate of need is issued only to the applicant named in the application. The certificate of need shall not be sold, assigned, leased, donated, or otherwise transferred to any other person Notes Haw. Code R. § 11-186-85 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS …

The issuance or denial of a certificate of need for a specific project in an applicant's long-range development plan shall be without prejudice to any agency action or decision on any future or other application for a certificate of need filed by the same applicant for another pr…

After a certificate of need is issued, the agency shall periodically monitor the development and progress of the project that is the subject of the certificate of need. Notes Haw. Code R. § 11-186-87 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS Secs. 323D-46.2, 323D-53) …

The agency or an authorized representative designated by the agency shall have the right to inspect any facility, site, location, book, document, paper, filed, or other record of the holder of the certificate of need that is related to any project authorized by the certificate of…

After a certificate of need is issued, the holder of the certificate of need shall file with the agency such periodic reports as the agency may from time to time require on the development and progress of the project that is the subject of the certificate of need. The periodic re…

Notes Haw. Code R. § 11-186-90 [Eff. FEB 09 1981] (Auth: HRS Sec. 323D-62) (Imp: HRS Sec. 323D-12) R 8/17/2019

(a) At any time after a certificate of need is issued, the agency may withdraw the certificate of need if the agency determines that: (1) The holder of the certificate of need is not meeting the timetable specified in the approved application and is not making a good faith effort…