Section 33-09-03-04 - State health plan - Criteria for review - Policy issues The health council will base its consideration of each application subject to full review on the department's review of the proposal and on the record of administrative proceedings held on the application. Complex applications may, at the discretion of the department, be divided into major components, each of which will be reviewed separately. Any such division will be communicated to the applicant as part of the notice of purview determination required by subsection 3 of section 33-09-03-02.
Proposal modification or redefinition following the notice of purview determination, but preceding the notice that an application has been deemed complete required by subdivision c of subsection 1 of section 33-09-03-03, may require change in the division of the application by the department. Any such change in division will be communicated to the applicant as part of the notice that the application has been deemed complete. If an application is subdivided for review by the department, the applicant may provide written notice to the department of preference that the application be considered in its entirety rather than its components. Such notice must include the applicant's rationale for preferring the consideration to be as a whole and must be received by the department within fifteen working days of the mailing date of the notice deeming the application complete. Pursuant to subsection 4 of North Dakota Century Code section 23-17.2-11, the health council may consider the application as a whole, by major components, or may condition the approval of an application in any other manner the council deems appropriate.
1.Finding. For each application or major component of an application, the health council must make a finding of consistent or inconsistent with the state health plan or any applicable document adopted by the health council as an addendum or appendix to the state health plan. 2.Criteria for review. The health council must make a finding of consistent, inconsistent, or not applicable for each of the following criteria, in relation to each application or major component of an application. An application or major component of the application must be found consistent with all criteria which are found applicable to the application in order to be approved by the health council. a. The population served or to be served has a need for the services proposed to be offered or expanded based upon the following: (1) Changes in the health needs of population within the identified service area. (2) Unavailability of alternative existing facilities or resources. (3) Obsolescence of existing facilities or equipment. (4) Absence of adequate space or facilities to conduct a needed new or existing service. (5) Requirement for recruitment of qualified personnel to respond to the needs of persons residing in the service area. (6) Regulatory or accreditation requirements. (7) Evidence that the proposal will reduce or prevent harm to the population intended to be served by the proposal. b. Any additional costs incurred to implement a proposal which result in increased charges to the public will: (1) Provide improved access to needed services; (2) Maintain access to needed services that would otherwise be lost; or (3) Improve the value of needed services sufficiently to warrant the increased charges. c. The applicant has actively explored alternatives to the proposal including: (1) Consideration of alternative uses of resources that may be more beneficial to the population intended to be served; and (2) Consideration of the availability of less costly or more effective alternative means for providing the services to be offered, expanded, reduced, or relocated. 3.Policy issues. The health council must consider the following policies or practices and where appropriate may require adoption of such policies and practices as a condition for an approved certificate of need. a. The proposed service or facility will contribute to meeting the health-related needs of persons or groups which have traditionally experienced difficulty in obtaining equal access to health services. b. The resources including plant, personnel, appropriate ancillary or support services, and funds for acquisition and operation are sufficient to reasonably ensure compliance with applicable state licensing and federal certification requirements upon implementation of the proposal. c. The application proposes special innovations in the financing of health services that may favorably affect the price of services proposed. d. The application proposes special innovations in the delivery of health services that may improve patient access or patient outcome. e. The proposed service or facility will address special circumstances or needs of health professional training programs or schools and health research programs located in the affected service area. N.D. Admin Code 33-09-03-04
Effective November 1, 1987; amended effective May 1, 1992.General Authority: NDCC 23-01-03, 23-17.2-05
Law Implemented: NDCC 23-17.2-05