Title 19, Health

PART I. GENERAL PROVISIONS §323D-1 Purpose. The purpose of this chapter is to establish a health planning and resources development program to promote accessibility for all the people of the State to quality health care services at reasonable cost. [L 1975, c 159, pt of §2; ree L…

PART II. STATE HEALTH PLANNING AND DEVELOPMENT PROGRAM §323D-11 State health planning and development agency. There is established within the department of health for administrative purposes only, the state health planning and development agency. The state agency shall be headed …

§323D-12 Health planning and development functions; state agency. (a) The state agency shall: (b) The state agency may:

[§323D-12.6] State health planning and development special fund; created; deposits; expenditures; fees. (a) There is established within the state treasury, to be administered by the state health planning and development agency, the state health planning and development special fu…

§323D-13 Statewide health coordinating council. (a) There is established a statewide health coordinating council which shall be advisory to the state agency and the membership of which as appointed by the governor shall not exceed twenty members. (b) The members of the statewide …

[§323D-13.5] Disqualification from position or membership. The chairpersons of the statewide council, the subarea health planning councils and the review panel, shall not be employed by or married to health care providers. [L 1987, c 270, §10; gen ch 1992]

§323D-14 Functions; statewide health coordinating council. The statewide council shall:

§323D-15 State health services and facilities plan. There shall be a state health services and facilities plan which shall address the health care needs of the State, including inpatient care, health care facilities, and special needs. The plan shall depict the most economical an…

§323D-17 Public hearings required. In the preparation of the state health services and facilities plan or amendments to the state health services and facilities plan, the state agency and the statewide council shall conduct a public hearing on the proposed plan or the amendments …

§323D-18 Information required of providers. Providers of health care doing business in the State shall submit such statistical and other reports of information related to health and health care as the state agency finds necessary to the performance of its functions. The informati…

§323D-18.5 Access to health and dental insurance data; mandatory reporting for certain insurers; uses; confidentiality. (a) Providers of health insurance doing business in the State and who are not subject to subsection (b) may submit to the state agency or its designee, upon req…

[§323D-18.6] Confidentiality of information. The state agency may adopt rules in accordance with chapter 91 to provide that information submitted to the state agency by providers of health care and health care insurance concerning recipients of health care or health care insuranc…

[§323D-19] Prior authorization data; reporting. (a) Utilization review entities doing business in the State shall submit data to the state agency relating to prior authorization of health care services, in a format specified by the state agency. Reporting shall be annual for the …

[§323D-19.1] Health care appropriateness and necessity working group; established. (a) There is established the health care appropriateness and necessity working group within the state agency. The working group shall: (b) The administrator of the state agency shall invite the fol…

§323D-2 Definitions. As used in this chapter: "Applicant" means any person who applies for a certificate of need under part V. "Assisted living facility" means a combination of housing, health care services, and personalized support services designed to respond to individual need…

PART III. SUBAREA HEALTH PLANNING COUNCILS §323D-21 Subarea health planning councils, established. There are established, subarea health planning councils for geographical areas which shall be designated by the state agency in consultation with the statewide council. Each county …

§323D-22 Subarea health planning councils, functions, quorum and number of members necessary to take valid action. (a) Each subarea health planning council shall review, seek public input, and make recommendations relating to health planning for the geographical subarea it serves…

§323D-23 Subarea health planning councils, composition, appointment. Members of subarea health planning councils shall be appointed by the governor, subject to section 26-34. Nominations for appointment shall be solicited from health-related and other interested organizations, an…

§323D-42 Review panel. There is established a review panel for the purposes of reviewing applications for certificates of need. The review panel shall be appointed by the statewide council. The review panel shall include at least one member from each county and a majority of the …

§323D-43 Certificates of need. (a) No person, public or private, nonprofit or for profit, shall: unless a certificate of need therefor has first been issued by the state agency. (b) No certificate of need shall be issued unless the state agency has determined that: (c) The state …

§323D-44 Applications for certificates of need. (a) An applicant for a certificate of need shall file an application with the state agency. The state agency shall provide technical assistance to the applicant in the preparation and filing of the application. Each application shal…

§323D-44.5 Administrative review of certain applications for certificate of need. The state agency shall adopt rules in conformity with chapter 91 providing for administrative review and decision on certain applications for certificate of need. Each application reviewed under thi…

[§323D-44.6] Review of certain applications for certificate of need; waiver. The subarea council, the review panel, and the statewide council may, at their discretion, choose to waive their respective prerogatives of review of any certificate of need application. [L 1987, c 270, …

[§323D-44.7] Monitoring of approved certificates of need. The state agency may monitor implementation of approved certificates of need granted by the agency. [L 1987, c 270, pt of §2]

§323D-45 Subarea council, review panel, and statewide council recommendations for issuance or denial of certificates of need. (a) Except for an administrative review as provided in section 323D-44.5, or in an emergency situation or other unusual circumstances as provided in secti…

§323D-45.1 Ex parte contacts prohibited. (a) There shall be no ex parte contacts: (b) The prohibition against ex parte contacts shall not apply to any written communication or a copy thereof which is promptly filed as a public record with the state agency. [L 1980, c 75, §15]

§323D-45.3 Approval of applications required to meet safety, licensure, or accreditation standards. (a) Notwithstanding section 323D-43, the state agency shall approve an application for a certificate of need for a capital expenditure which is required: unless the state agency fi…

§323D-46 Conditional certification. The state agency shall provide by rules adopted in conformity with chapter 91 for the conditional certification of those proposals which, by modification of specific items of the proposal, would successfully meet the criteria for approval. The …

§323D-46.2 Withdrawal of a certificate of need. (a) After the issuance of a certificate of need, the state agency shall periodically review the progress of the project. The state agency may withdraw the certificate of need, if the state agency determines on the basis of the revie…

§323D-47 Request for reconsideration. The state agency may provide by rules adopted in conformity with chapter 91 for a procedure by which any person may, for good cause shown, request in writing a public hearing before a reconsideration committee for purposes of reconsideration …

§323D-48 Judicial review of state agency decisions. (a) If an application for a certificate of need or for an exemption from obtaining a certificate of need is denied, the state agency shall give notice to the applicant in writing stating the grounds for the denial. Any person ad…

§323D-49 Certificates of need; licenses and permits. (a) No permit or license shall be issued by any county or state officer for the development, construction, expansion, alteration, conversion, initiation, or modification of a health care facility or health care service, other t…

§323D-50 Certificates of need, penalties. (a) Any person who violates any provision of this part, or rules thereunder, with respect to the requirement for certificate of need shall be guilty of a misdemeanor for each seven-day period or fraction thereof that the violation continu…

§323D-51 Injunctive relief. The state agency may, in the name of the people of the State through the attorney general of the State, apply for an injunction in any court of competent jurisdiction to enjoin any person who is not the holder of a certificate of need and who is not ex…

§323D-52 Letters of intent. Persons proposing construction projects shall submit to the state agency letters of intent in such detail as may be necessary to inform the agency of the scope and nature of the projects at the earliest possible opportunity in the course of planning of…

§323D-53 Periodic reports from health facilities. Any health facility or business subject to regulation under this part shall, at the request of the state agency, supply such information to the state agency as is necessary to carry out the purposes of this chapter, including but …

§323D-54 Exemptions from certificate of need requirements. Nothing in this part or rules with respect to the requirement for certificates of need applies to:

PART VI. GENERAL ADMINISTRATION §323D-61 Personnel. The administrator of the state agency shall hire necessary personnel under chapter 76 to carry out the purposes of this chapter. [L 1975, c 159, pt of §2; ree L 1977, c 178, pt of §2; am L 2000, c 253, §150]

§323D-62 Rules. The state agency and the statewide health coordinating council may adopt necessary rules for the purposes of this chapter in accordance with chapter 91. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L 1980, c 75, §25]

[PART VII.] HOSPITAL ACQUISITION §323D-71 Definitions. For the purpose of this part, unless the context requires otherwise: "Acquisition" means any acquisition by a person or persons of an ownership or controlling interest in a hospital, whether by purchase, merger, lease, gift, …

§323D-72 Acquisition of hospital. (a) No person shall engage in the acquisition of a hospital without first: (b) Any person not required to obtain the approval of the agency under this part shall give the attorney general at least ninety days prior notice of an impending acquisit…

[§323D-73] Notice; procedures. (a) Within five working days after receipt of a complete application under section 323D-72, the agency shall give public notice of the application in the affected county or counties where the hospital is located and shall notify by first-class mail …

[§323D-74] Hearings. (a) The agency, after consultation with the attorney general, shall, if appropriate, hold a public hearing during the course of review, which hearing may be held jointly with the certificate of need review panel or the statewide health coordinating council, a…

[§323D-75] Review; decision; rules. (a) The attorney general shall conduct its review of the application in accordance with the standards enumerated in section 323D-76. Within ninety days after receipt of an application, the attorney general shall review and approve or disapprove…

§323D-76 Acquisition in the public interest; decision of attorney general. If the attorney general determines that a review of the application is appropriate, the attorney general shall approve the application unless the attorney general finds that the acquisition is not in the p…

[§323D-77] Acquisition; decision by agency. In making a decision whether to approve or disapprove an application, the agency shall consider: This section does not apply higher standards to hospitals covered by this part than those applicable to hospitals not covered by this part.…

[§323D-78] Revocation; hearing. If the agency receives information indicating that the acquiring person is not fulfilling the commitment to the affected community under section 323D-77, the agency shall hold a hearing upon ten days notice to the affected parties. If after the hea…

[§323D-79] Public interest. The attorney general shall have the authority to ensure compliance with commitments made pursuant to section 323D-77. [L 1998, c 257, pt of §1]

[§323D-80] License renewal. No license to operate a hospital may be issued or renewed by the department of health pursuant to this chapter, and a license which has been issued shall be subject to revocation or suspension, if: This section does not limit the right to a hearing or …

[§323D-81] Prior acquisitions. Any acquisition of a hospital before July 20, 1998 and any acquisition in which an application for a certificate of need has been granted by the agency before July 20, 1998 is not subject to this part. [L 1998, c 257, pt of §1]