Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 186 - CERTIFICATE OF NEED PROGRAM
Subchapter 8 - EMERGENCY SITUATIONS
Section 11-186-99 - Emergency situation

(a) If an emergency situation is believed to exist, the applicant may file an emergency application for a certificate of need on the form prescribed and furnished by the agency.

(b) For purposes of this section, an emergency situation is a state of affairs involving an actual substantial injury to public health or where there is a clear and present danger of such an injury occurring.

(c) Notwithstanding any other provision of this chapter to the contrary, when the agency determines that the emergency application is complete and before the agency files a decision on the merits of the application, the agency shall make a reasonable effort to consult with and to provide written or oral notification of the application to the chairperson of the statewide council, the chairperson of the review panel, and, in the event that the agency has determined that the application's primary target group is less than the entire population of the State, the chairperson of the appropriate subarea council or countywide review committee, or to an authorized representative of any chairperson.

(d) After consideration of any timely comments or recommendations on the emergency application, the agency shall file a decision on the merits of the application pursuant to section 11-186-70 within ten days after the agency determines that the application is complete. The agency may issue a certificate of need if the agency determines that an emergency situation exists. The agency shall deny the certificate of need if the agency determines that an emergency situation does not exist, that the proposal is indirectly related to an emergency situation, or that other good cause exists for the denial of the certificate of need.

(e) The decision on the merits of the emergency application in subsection (d) of the section is the final decision of the agency. The decision shall become final upon its filing without an opportunity for any person to request a public hearing for reconsideration of the decision pursuant to section 11-186-82.

(f) Except as provided in section 11-186-10, the agency's denial of a certificate of need under this section is without prejudice to the applicant's right to file a non-emergency application for a certificate of need for the same proposal,, on the form prescribed and furnished by the agency.