Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.106 - HEALTH CARE FACILITIES
Subchapter 37.106.1 - Certificate of Need
Rule 37.106.113 - CRITERIA AND FINDINGS
Universal Citation: MT Admin Rules 37.106.113
Current through Register Vol. 18, September 20, 2024
(1) The criteria listed in (a) through (k) are statutory criteria required by 50-5-304, MCA, and will be considered by the department in making its decision:
(a) the degree to which the proposal being
reviewed:
(i) demonstrates that the service is
needed by the population within the service area defined in the
proposal;
(ii) provides data that
demonstrates the need for services contrary to the current state long-term care
facilities plan, including waiting lists, projected service volumes,
differences in cost and quality of services, and availability of services;
or
(iii) is consistent with the
current state long-term care facilities plan.
(b) the need that the population served or to
be served by the proposal has for the services;
(c) the availability of less costly
quality-equivalent or more effective alternative methods of providing the
services;
(d) the immediate and
long-term financial feasibility of the proposal as well as the probable impact
of the proposal on the costs of and charges for providing long-term care
services by the person proposing the long-term care service;
(e) the relationship and financial impact of
the services proposed to be provided to the existing health care system of the
area in which such services are proposed to be provided;
(f) the consistency of the proposal with
joint planning efforts by health care providers in the area;
(g) the availability of resources, including
health manpower, management personnel, and funds for capital and operating
needs, for the provision of services proposed to be provided and the
availability of alternative uses of the resources for the provision of other
health services;
(h) the
relationship, including the organizational relationship, of the long-term care
services proposed to be provided to ancillary or support services;
(i) in the case of a construction project,
the costs and methods of the proposed construction, including the costs and
methods of energy provision, and the probable impact of the construction
project reviewed on the costs of providing long-term care services by the
person proposing the construction project;
(j) the distance, convenience, cost of
transportation, and accessibility of services offered by long-term care
facilities for persons who live outside urban areas in relation to the
proposal; and
(k) in the case of a
project to add long-term care facility beds:
(i) the need for the beds that takes into
account the current and projected occupancy of long-term care beds in the
community;
(ii) the current and
projected population over 65 years of age in the community; and
(iii) other appropriate factors.
(2) In addition to the statutory criteria cited in (1) , the department will consider the following in making its decision:
(a) whether the medically
underserved population, as well as all other people within the geographical
area documented as served by the applicant, will have equal access to the
subject matter of the proposal; and
(b) whether patients will experience problems
including cost, availability, or accessibility in obtaining care of the type
proposed in the absence of the proposed new service.
AUTH: 50-5-103, 50-5-304, MCA; IMP: 50-5-304, MCA
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