New Hampshire Administrative Code

(a) Each ambulatory surgical facility participating in the pilot program shall file utilization and financial data with the board. (b) Data shall be provided to the board in either of the following formats: (1) Diskette; or (2) Hard copy. (c) Data reported to the board shall cont…

Data collected for each patient discharged from an ambulatory surgical facility shall be compiled into a data base which itemizes the following elements: (a) The patient's data of birth, which shall be an 8 position numeric field indicated as: (1) A 4 digit year; (2) A 2 digit mo…

Ambulatory surgical facility data shall be filed quarterly in the following manner: (a) For those patients discharged between January 1 and March 31, data shall be filed by June 1 of the same year; (b) For those patients discharged between April 1 and June 30, data shall be filed…

(a) "Applicant" means "applicant" as defined in RSA 151-C:2, II. (b) "Application" means a proposal prepared by a person and filed with the board for a certificate of need. (c) "Board" means "board" as defined in RSA 151-C:2, IV. (d) "Board certified" means the confirmation given…

(a) Each applicant for a certificate of need to obtain megavoltage radiation therapy equipment and establish a megavoltage radiation therapy program shall define the proposed primary and secondary service areas for the new equipment. (b) The primary service area shall include the…

(a) The applicant shall claim the following market share of its defined primary and secondary service areas as follows:(1) For the primary service area, 100% market share; and (2) For the secondary service area, 100% of those towns located equally distant to, or less than half th…

No new megavoltage radiation therapy program shall be approved unless it can be demonstrated that the proposed program can: (a) Treat a minimum of 325 patients on an annual basis by the end of the third year of operation; and (b) Perform an average of 6,500 procedures per machine…

(a) Applicants shall calculate projected patient and procedure volume as specified in He-Hea 1602.03 in the following manner: (1) Identify the town names for all towns in the projected primary and secondary service areas pursuant to He-Hea 1602.01; (2) Obtain population estimates…

(a) A proposed megavoltage radiation therapy program shall not have a detrimental impact on any existing megavoltage radiation therapy program in the state. (b) Applicants shall demonstrate that their proposed megavoltage radiation therapy program will not cause the utilization l…

(a) Megavoltage radiation equipment shall only be located at: (1) Licensed facilities; or (2) Facilities owned or operated, directly or indirectly, by a: a. Licensed facility; or b. Licensed physician. (b) Megavoltage radiation equipment shall be registered or licensed in accorda…

(a) Any applicant who proposes a non-hospital site for support services to the new equipment shall submit, as part of the application, protocols for the transportation of patients for the provision of necessary support and emergency services. (b) Demonstration shall be in the for…

(a) The board shall not approve an application for the purchase of megavoltage radiation therapy equipment unless the applicant includes as part of the application a staffing plan, including curriculum vitae, which details and documents the availability of or plans for obtaining …

In addition, the applicant shall meet all other applicable criteria as identified under RSA 151-C:7 and He-Hea 303.02 through He-Hea 303.09. Notes N.H. Admin. Code § He-Hea 1602.09 #7236, eff 4-26-00 New. #8774, eff 12-16-06 (formerly He-Hea 1602.10) Amended byVolume XXXV Number …

(a) Owners of megavoltage radiation equipment shall submit an annual account of volumes per machine on February 1 of each year. (b) The volume report shall include the following information for the previous 12 months of volume, January through December:(1) Name of hospital or fac…

Notes N.H. Admin. Code § He-Hea 1602.11 #7236, eff 4-26-00; rpld by #8774, eff 12-16-06 The amended version of this section by New Hampshire Register Volume 35, Number 23, eff.5/27/2015 is not yet available.

(a) The board shall issue an RFA for megavoltage radiation therapy services on May 1st of each year provided that: (1) It has received a letter of intent that contains the following information:a. Name of the requestor that intends to file an application, including the names of a…

Applications shall be: (a) Prepared using the board's application form pursuant to He-Hea 304; and (b) Submitted to the board within 90 days of the issuance of the RFA. Notes N.H. Admin. Code § He-Hea 1603.02 #7236, eff 4-26-00; ss by #8774, eff 12-16-06 Amended byVolume XXXV Num…

Applications shall be processed in accordance with the requirements of RSA 151-C:8. Notes N.H. Admin. Code § He-Hea 1603.03 #8774, eff 12-16-06 Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10800, Effective 3/21/2015, Expires9/17/2015. The amended version of …

The Board shall grant certificates of need in accordance with RSA 151-C:9, II. Notes N.H. Admin. Code § He-Hea 1604.01 #8774, eff 12-16-06 Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10800, Effective 3/21/2015, Expires9/17/2015. The amended version of this …

(a) This chapter implements a standard for the consideration of ambulatory surgical facility construction, expansions, renovations and/or replacements that are subject to CON review. (b) These standards are intended to:(1) Improve the: a. Quality of care; b. Access and availabili…

(a) "Ambulatory surgical facility" means "ambulatory surgical facility" as defined in RSA 151-C:2, I. (b) "Ambulatory surgical services" means those services the applicant proposes to provide at the facility. (c) "Application" means a proposal prepared by a person and filed with …

Applicants shall provide a description of the proposed service area for the project in the form of town name and zip code. Notes N.H. Admin. Code § He-Hea 1903.01 #7269, eff 5-10-00, EXPIRED: 5-10-08 New. #9261, eff 9-13-08

(a) Applicants shall detail the surgical specialties which will be provided by the proposed facility. (b) In order to assess the scope of ambulatory surgery services provided, applicants shall indicate which of the following surgical specialties will be provided at the proposed f…

(a) Applicants proposing to establish, expand or renovate an ambulatory surgical facility shall demonstrate that the proposed facility shall maintain or improve, for the proposed service area, the: (1) Quality of care; (2) Access to and availability of health care services; and (…

(a) Applicants shall document the projected patient volume for each service to be offered at the proposed facility. (b) Documentation of patient volume shall include: (1) The assumptions used to determine the projected patient volume; including: a. Average number of cases for a t…

Applicants shall provide a list of equipment to be used in the new or expanded ambulatory surgical facility. The applicant shall state if the equipment to be acquired will be new, used or leased. Notes N.H. Admin. Code § He-Hea 1903.05 #7269, eff 5-10-00, EXPIRED: 5-10-08 New. #9…

(a) The applicant shall demonstrate that: (1) It has entered a written agreement for the acceptance of and care for patients from the ambulatory surgical facility who develop complications or require postoperative confinement with: a. The nearest acute care hospital; and/or b. An…

Applicants shall provide a list of staffing for the new or expanded ambulatory surgical facility. Notes N.H. Admin. Code § He-Hea 1903.07 #7269, eff 5-10-00, EXPIRED: 5-10-08 New. #9261, eff 9-13-08

Where possible, ambulatory surgical facilities shall be located where access is gained by public transportation. Notes N.H. Admin. Code § He-Hea 1903.08 #7269, eff 5-10-00, EXPIRED: 5-10-08 New. #9261, eff 9-13-08

In addition to the criteria included in He-Hea 303.02 through He-Hea 303.09 and the standards in He-Hea 1903, applicants shall meet the following criteria when applying for a CON for ambulatory surgical facilities: (a) Proposed ambulatory surgical facility projects shall be finan…

Applications shall be processed in accordance with the requirements of RSA 151-C:8. Notes N.H. Admin. Code § He-Hea 1905.01 #7269, eff 5-10-00, EXPIRED: 5-10-08 New. #9261, eff 9-13-08

(a) The board shall:(1) Issue a request for applications per He-Hea 1905.02(b); and (2) Accept applications for ambulatory surgery services that are based upon the requirements of He-Hea 1900. (b) An RFA shall be issued for ambulatory surgery services semi annually beginning on O…

Applications shall be: (a) Prepared using the board's application form pursuant to He-Hea 302; and (b) Submitted to the board within 90 days after a request for applications has been issued by the board. Notes N.H. Admin. Code § He-Hea 1905.03 #7269, eff 5-10-00, EXPIRED: 5-10-08…

(a) In order to grant a CON to an applicant(s), the board shall make a finding that the application demonstrates and satisfies the requirement of He-Hea 1903.03(a). (b) The board's finding shall be made based upon the applicant's response to the standards and criteria outlined in…

(a) "Adjudicative proceeding" means "adjudicative proceeding" as defined in RSA 541-A:1, I and includes: (1) A proceeding to determine whether to grant an application for a certificate of need or change of scope; (2) A proceeding to determine whether to grant an application that …

(a) A presiding officer shall conduct all meetings and proceedings commenced by the board. (b) The presiding officer shall be the chair of the board or in his/her absence, the deputy chair. If both the chair and deputy chair are absent or unavailable, the board members present sh…

(a) The presiding officer shall possess all authority with respect to the procedural aspects of proceedings which could be exercised by the board itself, including, but not limited to, the power to administer oaths and affirmations, direct the course of the proceeding, decide sch…

(a) The presiding officer shall withdraw from a proceeding when he/she declares ineligibility to vote pursuant to He-Hea 214.01(d) or as provided in He-Hea 202.01(b). (b) The presiding officer shall be subject to replacement in the event that a majority of the board members prese…

(a) The commissioner or his/her designee shall set the annual agenda for the board in connection with the development of standards pursuant to RSA 151-C:3, IV-a. (b) Board staff shall prepare a meeting agenda for each board meeting, in consultation with the presiding officer. (c)…

(a) Applications for a project not subject to review shall be placed on a consent agenda if: (1) The application meets the requirements of He-Hea 301.01 and He-Hea 206.01; (2) No petition to intervene has been granted; (3) No petition to intervene has been filed and is pending; a…

(a) The board meeting shall follow the order of items as stated in the agenda, unless the presiding officer changes the order to accommodate board members or testimony from applicants, parties, board staff or the public. (b) Board meetings shall consist of any combination of:(1) …

(a) A party may appear in a proceeding either in person or through a representative. (b) Any person(s) whose rights are or will be directly affected by a proceeding may request to join existing parties to the proceedings in the form of an intervenor. (c) The board shall review an…

(a) A representative may be any individual as the party appearing may designate. (b) A party other than a natural person shall be represented by:(1) An attorney or an agent; or (2) An officer, director or member. (c) An applicant or other party shall make known in writing to the …

(a) Pursuant to RSA 151-C:8, XI, the board and its staff shall not communicate with any person or party concerning the merits of an application or petition before the board, except upon notice and opportunity for all parties to participate. (b) Prohibition against ex-parte commun…

Any time period specified in this chapter shall begin with the day following the act, event or default, and shall include the last day of the period, unless it is Saturday, Sunday or state legal holiday, in which event the period shall run until the end of the next day which is n…

(a) The board shall, upon a motion by a party or its own initiative and with proper notice to all parties, continue, postpone or reschedule a proceeding for: (1) Illness of a party or witness scheduled to provide testimony; (2) Inclement weather which would prevent the appearance…

A motion or request to change time shall be filed at least 3 days before the scheduled date of the event in question. Notes N.H. Admin. Code § He-Hea 205.03 #4223, eff 2-5-87; ss by #4922, eff 8-23-90; ss by #5593, eff 3-10-93, EXPIRED: 3-10-99 New. #6976, INTERIM, eff 4-15-99, E…