D.C. Mun. Regs. tit. 22, r. 22-B4004

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-B4004 - CONDITIONAL CERTIFICATES OF NEED

4004.1

SHPDA may require an applicant to comply with certain conditions when granting a CON, provided that the conditions relate directly to an adopted SHPDA review criteria.

4004.2

The expiration date, if any, of each condition shall be specified in the CON.

4004.3

If a CON holder violates a condition of a CON, the Director shall issue the CON holder written notice of the violation and may revoke the CON using the procedure for noncompliance with the CON, as specified in Section 4010.

4004.4

If the Director determines that the applicant has violated a condition and is not permitted to begin full operation, the applicant may appeal in the same manner as with any decision to issue or not issue a CON.

4004.5

The completed application for a CON and related documentation shall be considered to be a part of any CON issued after review and approval of the application.

4004.6

The CON holder shall proceed only in compliance with the CON and the related application and documentation that the Director has approved.

4004.7

In the case of an application approved for a CON with conditions, SHPDA may (if no licensing or operating approval is required by any other District agency) grant the CON holder the authority to begin "conditional operation" while the CON holder demonstrates its compliance with the conditions attached to the CON.

D.C. Mun. Regs. tit. 22, r. 22-B4004

Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 42 DCR 7286 (December 29, 1995); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014)

D.C. Act 11-151, the Health Services Planning and Certificate of Need Program Emergency Act of 1995, published at 42 DCR 6550 (December 1, 1995), referenced in § 4004.1, was an expressly temporary measure which has expired.

Authority: § 22 of the Health Services Planning Program Re-establishment Act of 1996 (Act), effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-421 (2012 Repl.)).