Current through Register Vol. 54, No. 12, March 23, 2024
(a)
The following categories of projects will receive simultaneous and comparative
review:
(1) Alcohol and other drug treatment
and rehabilitation.
(2) Ambulatory
surgical services.
(3) Cardiac
catheterization.
(4) Cardiac
surgery.
(5) Comprehensive medical
rehabilitation.
(6)
Lithotripters.
(7) Magnetic
resonance imaging devices.
(8)
Psychiatric services.
(9) Renal
dialysis units.
(10) Skilled
nursing and intermediate care services.
(b) The Department, after consultation with
the HSAs, will establish a schedule for simultaneous and comparative review of
the categories of projects identified in this section. The time between the
beginning of a period and the beginning of the next succeeding period for
submission of applications for a category may not exceed 4 months. This
schedule will be submitted for publication as a notice in the
Pennsylvania Bulletin.
(c) Simultaneous and comparative reviews will
follow the procedures in §
401.4 (relating to criteria for
Certificate of Need review), with the following modifications:
(1) To qualify for simultaneous and
comparative review, an application shall be submitted to the HSA and the
Department under §
401.5 (relating to certificate of
need) within 5 days of the scheduled beginning date for receipt of
applications. An application submitted after the 5th day of the beginning date
will be returned to the applicant for resubmission during a subsequent
simultaneous and comparative review period.
(2) An applicant may withdraw an application
from a simultaneous and comparative review period by requesting in writing the
withdrawal of the application from consideration.
(3) An applicant may request postponement of
review until a subsequent simultaneous and comparative review period.
(4) An applicant's request for an extension
will be considered a request for postponement of review until a subsequent
simultaneous and comparative review period.
(5) An applicant's request for a substantial
modification will be considered a request for postponement of review until a
subsequent simultaneous and comparative review period.
(6) The HSA and the Department will determine
if an application is complete and notify the applicant of its findings by the
15th day of the simultaneous and comparative review period. In determining if
an application is complete, the HSA and the Department will examine the
application to determine if requested information has been provided. An
application which is still incomplete on the 30th day of a review period will
be returned to the applicant for resubmission during a subsequent simultaneous
and comparative review period.
(7)
The HSA shall publish a notice, in at least one newspaper of general
circulation serving the localities in which the projects will be developed,
within 30 days following the beginning of the simultaneous and comparative
review period.
(i) The notice shall contain
the following information:
(A) Names and
addresses of the applicants.
(B) A
brief description and an estimate of the cost of the projects.
(C) The schedule for review.
(D) Notification that the applications are
complete.
(E) Notification that the
review of the completed applications is beginning.
(F) Notification of the date a public hearing
will be held.
(G) Notification of
the deadline for submission of objections to the applications and the deadline
for submission of intention to attend or testify at the public
hearing.
(ii) The
Department will provide notice as set forth in this paragraph if one of the
following applies:
(A) There is no HSA
functioning in an applicant's regional area.
(B) More than one HSA is involved in the
review of applications in a particular project category and the Department has
determined that one hearing is preferable to a hearing in each regional
area.
(8) No
additional information will be accepted by the Department after the
applications have been deemed complete, except during the public
hearing.
The provisions of this §
401.7 issued under section 702 of
the Health Care Facilities Act (35 P. S. §
448.702(j)).
