Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: The committee proposes to amend this rule to
reduce the timeframe a committee member can submit their expedited CON
ballot.
(1) Decisions on full
Certificate of Need (CON) applications and contested expedited applications
shall be subject to the following:
(A)
Parliamentary procedures for all face-to-face, video graphic, telephonic, and
computerized meetings shall follow Robert's Rules of Order,
incorporated by reference, newly revised edition, 10th edition, published
October 2000, Perseus Publishing, 11 Cambridge Center, Cambridge, MA 02142.
This rule does not include any later amendments or additions;
(B) The CON Program's analysis becomes the
findings of fact for the Missouri Health Facilities Review Committee
(committee) decision except to the extent that it is expressly rejected,
amended, or replaced by the committee in which case the minutes of the
committee will contain the changes and become the amended findings of fact of
the committee. The committee's final vote becomes conclusion of law;
and
(C) A final decision is
rendered on any application after each committee member present is given the
opportunity to vote and the chair announces the passage or defeat of the motion
on the floor. The chair or acting chair shall vote only in case of a
tie.
(2) Decisions on
expedited CON applications shall be subject to the following:
(A) In the case of qualifying expedited
review applications, committee members will receive a ballot in addition to the
written analysis. Members may vote either to approve the application or to have
it placed on the next formal meeting agenda for consideration;
(B) Ballots may be returned to the CON office
by either mail, email, or fax, but must be received within seven (7) business
days from the date they were emailed to committee members; and
(C) A final decision to approve the
application will be rendered if all ballots received by the cut-off date (at
least five (5) ballots are required) signify a vote to approve the project. If
the vote is not unanimous, the application will be subject to the provisions of
section (1) of this rule.
(3) The committee shall make a decision on an
application within one hundred thirty (130) calendar days after the date the
application is filed and subsequently notify the applicant by providing either
a legal certificate or denial letter by mail and email.
*Original authority: 197.320, RSMo 1979, amended 1993,
1995, 1999.
