Section 702. Certificates of need; notice of intent; application; issuance.
(a) Projects requiring a certificate of need shall, at the earliest possible time in their planning, be submitted to the department in a letter of intent in such detail advising of the scope and nature of the project as required by regulations. Within 30 days after receipt of the letter of intent, the department shall inform the applicant providing the letter of intent whether the proposed project is subject to a certificate of need review or if additional information is required to make that determination. If the department determines that the project is subject to a certificate of need review, the project shall be subject to the remaining provisions of this act.
(b) A person desiring to obtain or amend a certificate of need shall apply in writing to the department, supplying such information as is required by the department and certifying that all data, information and statements are factual to the best of their knowledge, information and belief. The department shall have 60 days after receipt of the application within which to assess the application and in which to request specific further information. If further information is requested, the department shall complete its preliminary assessment of the application within 45 days of receipt of the same. No information shall be required that is not specified in the rules and regulations promulgated by the department.
(c) Timely notice of the beginning of review of the application by the department shall be published after preliminary assessment of the application is completed by the department. The "date of notification" of the beginning of review shall be the date such notice is sent, or the date such notice is published in the Pennsylvania Bulletin or in a newspaper of general circulation, whichever is latest.
(d) The department shall approve or disapprove the application within 90 days from the date of notification of the beginning of the review unless the period for review is extended by the applicant in writing.
(e) (1) Certificates of need shall be granted or refused. They shall not be conditioned upon the applicant changing other aspects of its facilities or services or requiring the applicant to meet other specified requirements, and no such condition shall be imposed by the department in granting or refusing approval of certificates of need.
(2) A certificate of need shall state the maximum amount of expenditures which may be obligated under it and applicants proceeding with an approved project may not exceed this level of expenditure except as allowed under the conditions and procedures established by the department through regulation.
(f) (1) The department shall make written findings which state the basis for any final decision made by the department. Such findings shall be served upon the applicant and provided to all persons expressing an interest in the proceedings and shall be made available to others upon written request.
(2) All decisions of the department shall be based solely on the record. No ex parte contact regarding the application between any employee of the department who exercises responsibilities respecting the application and the applicant, any person acting on behalf of the applicant or any person opposed to the issuance of the certificate of need shall occur after the commencement of a hearing on the application and before a decision is made by the department.
(g) Modification of the application at any stage of the proceeding shall not extend the time limits provided by this act unless the department expressly finds that the modification represents a substantial change in the character of the application.
(h) The responsibility of performing certificate of need review may not be delegated by the department. The department shall consider recommendations of one or more community-based health services planning committees whose localities are affected by specific applications.
(i) The department may provide that categories of projects shall receive simultaneous and comparative review.
(702 amended Dec. 18, 1992, P.L.1602, No.179)