Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-7-3 - Certificate of Need Requirements3.1. A new institutional health service may not be acquired, offered or developed within this state unless the board has issued a certificate of need for the new institutional health service. If a new institutional health service is exempt from certificate of need review by statute or this rule, the board shall issue an exemption before the new institutional health service is acquired, offered, or developed.3.2. A person or health care facility may not knowingly charge or bill for any health service associated with a new institutional health service knowingly acquired, offered or developed without first obtaining a certificate of need from the board.3.3. Any charge or bill for health services associated with a new institutional health service for which a certificate of need has not been issued by the board is void and legally unenforceable.3.4. Donations of equipment or facilities to a health care facility which, if acquired directly, would be considered a new institutional health service subject to review by the board require the issuance of a certificate of need before services associated with the equipment or facilities may be offered or developed.3.5. A transfer of equipment or facilities for less than fair market value is a new institutional health service if a transfer of the equipment or facilities at fair market value would be subject to review by the board.3.6. The board may determine a series of expenditures, each less than the expenditure minimum, which, when taken together, are in excess of the expenditure minimum, to be a single expenditure subject to the review of the board. In making that determination, the board shall consider the following: 3.6.a. Whether the expenditures are for components of a system which is required to accomplish a single purpose;3.6.b. Whether the expenditures are to be made over a two-year period and are directed towards the accomplishment of a single goal within the health care facility's long-range plan; or3.6.c. Whether the expenditures are to be made within a two-year period within a single department and constitute a significant modernization of the department.