Section He-Hea 301.01 - Application that a Project is Not Subject to Certificate of Need Review(a) To determine whether a project or service is subject to CON review, applicants shall complete and submit form 301A, "Not Subject to Review/Exemption Application," effective May 2014.(b) Such applications shall meet the requirements of He-Hea 206.01(a) and (e).(c) For projects involving lease of land, building or equipment, applicants also shall complete and submit form 301W "Worksheet for Determining Leases," effective May 2014.(d) Staff shall provide applicants with assistance in providing the information on forms 301A and 301W.(e) Within 30 days of receipt of the application, board staff shall:(2) Seek additional clarification;(3) Arrange a preliminary meeting with the requestor if necessary; and(4) Issue a preliminary recommendation whether the project or service requires a CON review.(f) If the application meets the standards for placement on the consent agenda in accordance with He-Hea 203.02, the application shall be placed on the board agenda for discussion at the next board meeting where the agenda permits scheduling of discussion relating to the application.(g) If application does not meet the standards for placement on the consent agenda in accordance with He-Hea 203.02, because a petition for intervention has been filed and is pending, the board shall consider and rule on the petition for intervention prior to ruling on the application. If a timely petition to intervene is filed with respect to the application, after the application has been placed on the consent agenda, the matter shall be removed from the consent agenda pending disposition of the petition to intervene.(h) An adjudicative proceeding shall be commenced in accordance with He-Hea 208.04 if: (1) A petition to intervene is granted; or(2) If the application does not meet the requirements for placement on the consent agenda because: a. Total project costs for the project or service, as reflected in the application are more than 25% of the applicable statutory threshold; orb. The application does not clearly demonstrate that the project or service does not involve the provision of health services as defined in RSA 151-C:2, XVIII.(i) The board shall consider any requests for determining whether a project requires a CON by applying the standards developed per RSA 151-C:5. The board shall only issue an order that a project does not require a CON review upon finding the project or service will not meet any of the standards developed per RSA 151-C:5. Any such order shall include conditions that the board determines to be required in order to assure that no CON review should be required for the project, including but not limited to requiring the applicant to submit implementation reports consistent with He-Hea 305.03.(j) In evaluating any application, the board shall consider whether the proponent has received any not subject to review determination for the same facility within the previous 36 months.(k) For purposes of ascertaining whether the statutory thresholds for capital expenditures are met, the board shall aggregate: (1) All capital expenditures for the project or service made by or on behalf of the applicant, including capital expenditures made by affiliates of the applicant and capital expenditures for the project made pursuant to agreements or understandings between the applicant or its affiliates and third parties; and(2) All capital expenditures for an integrated project.(l) If the board determines upon review that a project or service is not subject to review, the board shall include the following conditions on the order, as applicable: (1) If NSR is granted because the project is not a health service, the order granting the NSR shall include a condition that no institutional health services are provided;(2) If NSR is granted because the project is not being developed by an institutional health facility, the order granting the NSR shall include such conditions relating to the participation or benefit of the project or service by any affiliate of the applicant that is an institutional health facility; and(3) If NSR is granted because the project does not meet the threshold dollar amount, the order shall contain a condition that total capital expenditures for the project shall not exceed the applicable threshold dollar amount.(m) If the board determines upon review that a project is not subject to review, the board shall include such other conditions on the order to ensure that threshold levels as determined by He-Hea 301.15 will not be exceeded, including but not limited to: (1) Requiring approval of some or all payments for capital expenditures not provided for by the contracts submitted to the board in support of the application;(2) Requiring approval of some or all amendments of contracts for capital expenditures that adjust payment requirements thereof; and(3) Imposing limitations on additional capital expenditures by the applicant or its affiliates with regard to integrated projects.(n) The effective date of a not subject to review determination shall be the date the board renders its final decision regarding the project under consideration.(o) Any NSR shall expire and have no further effect if the applicant has not supplied documentation that it has met the following applicable deadline requirements on commencement and completion of the project: (1) Projects which solely involve the acquisition and installation of equipment shall be completed within 2 years of the not subject to review determination;(2) Projects involving the construction or renovation of real estate that will be owned or leased by the applicant shall be commenced within one year of, and completed within 3 years of, the not subject to review determination;(3) A project shall be considered as commenced when:a. A written agreement is executed between the applicant and a general contractor to construct and complete the project within a designated time schedule in accordance with final architectural plans and specifications; orb. A written lease agreement is executed between the applicant and the owner of the real estate or equipment; and(4) A project shall be considered complete when it becomes operational for the purpose as stated in the application.(p) The not subject to review determination for projects involving the lease of real estate or equipment shall expire at the end of the period of time stated in form 301W in valuing the lease.(q) The applicant shall ensure compliance with the requirements of the not subject to review determination through the submission of: (1) A statement that the project has commenced accompanied by a copy of the executed construction contract or lease agreement; and(2) A statement that the project has been completed accompanied by an itemization of the total project cost.N.H. Admin. Code § He-Hea 301.01
#4091(E), eff 7-18-86; ss by #4135, eff 9-29-86, EXPIRED: 9-29-92
New. #5593, eff 3-10-93, EXPIRED: 3-10-99
New. #6976, INTERIM, eff 4-15-99, EXPIRED: 8-13-99
New. #7139, eff 11-23-99, EXPIRED: 11-23-07
New. #9075-B, eff 1-24-08; ss by #10518, INTERIM, eff 2-11-14, EXPIRES: 8-11-14
Amended byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10723, Effective 11/22/2014, Expires11/22/2024.Amended by Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11081-B, Effective 4/23/2016, Expires 4/23/2026.