Current through November 28, 2024
(a) The decision of
the commissioner to grant or deny a certificate of need will be made in writing
in accordance with (c) of this section. In that decision, the commissioner will
state, as applicable, the
(1) maximum
expenditure that may be obligated for the proposed activity;
(3) approved capacity of other services that
are expanded or added; and
(4)
completion date for the proposed activity.
(b) The commissioner will consider the
following in making a decision to grant or deny a certificate of need:
(1) the department's records, including the
application under consideration;
(2) the department's analysis and
recommendations submitted under
7
AAC 07.060;
(3) written public comments received before
the deadline set in the notice published under
7
AAC 07.052;
(4) comments received at the public meeting
held under 7 AAC 07.052;
(5) the applicable provisions of AS 18.07,
AS
18.20.150, this chapter, 7 AAC 12, and 7 AAC
105 - 7 AAC 160;
(6) relevant
health planning documents on file with the department;
(7) any other special or extraordinary
circumstances related to
(A) community access
to health care, including the provision of a continuum of care in close
proximity to family and community; or
(B) the feasibility of the proposed
activity;
(8) whether,
based on the department's analysis and recommendations, conditions should be
added to the certificate of need, including specifying a minimum period during
which an activity described in the certificate must be available in the
proposed service area.
(c) The commissioner's decision under this
section will be made in writing within 45 days after the commissioner receives
the department's analysis and recommendations under
7
AAC 07.010, unless the commissioner
(1) requires additional information from the
(A) department staff who prepared the
analysis and recommendations;
(B)
department staff or other persons with expertise regarding the proposed
activity; or
(2) finds that
further analysis is required by the department before a final decision can be
made.
(d) If the
commissioner's decision is inconsistent with the analysis and recommendations
submitted under
7
AAC 07.060, the commissioner will include a written
statement of the reasons for the decision.
(e) The department will mail a copy of the
commissioner's findings and decision to each applicant and will advise each
applicant of the right to appeal the decision under
7
AAC 07.080.
(f) The department will
(1) provide a copy of the decision and
findings to any person who requests a copy;
(2) publish notice of the commissioner's
decision under
7
AAC 07.072; and
(3) send a copy of the notice by electronic
mail, or, if the recipient has informed the department that it prefers to
receive notice by mail or facsimile transmission, then the department will send
notice by the chosen option, to each health care facility located in the
proposed service area, to each person who has requested notification, and to
each person that the department believes is interested in the
decision.
(g) In a
certificate of need granted and issued under this section, the commissioner
will include
(1) the certificate holder's
name;
(2) a description of the
service to be provided;
(3) any
conditions of approval that are considered necessary under (b)(8) of this
section;
(4) the approved total
cost of the project, if applicable; and
(5) the approved completion date.
(h) A certificate of need is valid
only for the time specified in the original certificate or any time extension
allowed under
7
AAC 07.095. Rights granted under a certificate of need
do not continue after the activity authorized by the certificate of need is
completed.
(i) Approval of a
certificate of need does not imply any guarantee of federal, state, or private
money, including Medicaid payments or grant awards, and does not imply any
guarantee of profitability.
Authority:AS
18.07.031
AS 18.07.041
AS 18.07.043
AS 18.07.045
AS 18.07.051
AS
18.07.101
