Section 151-C:6 Procedures for Existing Standards; No Standards.
I. If a standard of need, which precludes additional services, has existed for longer than 24 months, any person may request that the standard be reviewed to determine whether the standard should be continued. The 24-month requirement may be waived if it can be demonstrated that there has been a change in technology, market, or price which would warrant review of the standard. Notwithstanding RSA 541-A:4, the procedure shall be as follows:
(a) A request for a standard review shall be submitted in writing to the chairman of the board.
(b) Within 30 days of the receipt of the request, the board must notify, in writing, the person making the request of the commencement of the 120-day standard review process or that the proposed project is not in accordance with RSA 151-C:5, II, and no standard review shall take place.
(c) The review of an existing standard shall take no longer than 120 days. Adoption of the standard shall be in accordance with RSA 541-A.
(d) The board shall notify persons, pursuant to RSA 151-C:5, I, of the beginning of the standard review period and the schedule for the review.
(e) If the board does not provide a standard allocating the new service or a statement on competition within the allotted 180 days, the proposed service shall not be required to obtain a certificate of need and shall not be subject to regulation under RSA 151-C.
II. In the case of a service for which there is no standard, any person may request, in writing, that the board develop a standard. Notwithstanding RSA 541-A:4, the procedure shall be as follows:
(a) A request for a standard development shall be submitted in writing to the chairman of the board.
(b) Within 30 days of the receipt of the request, the board shall notify, in writing, the person making the request of the commencement of the 120-day standard development process or that the service is not in accordance with RSA 151-C:5, II, and no standard development shall take place.
(c) The development of a new standard shall take no longer than 120 days. Adoption of the standard shall be in accordance with RSA 541-A.
(d) The board shall notify persons, pursuant to RSA 151-C:5, I, of the beginning of the standard development period and the schedule for the review.
(e) The standard shall be either a standard allocating the new service by number, type, and location or a statement that the proposed new service is in the best competitive interest of health care in the state and shall not be subject to the provisions of RSA 151-C:8. The decision of the board shall be considered a final decision.
(f) If the board does not provide a standard allocating the new service or a statement on competition within the allotted 180 days, the proposed service shall not be required to obtain a certificate of need and shall not be subject to regulation under RSA 151-C.
III. In any standards for nursing facilities, the board shall provide that priority for a certificate of need for additional nursing facility beds shall be given to any facility which after January 1, 1999, has surrendered its certificate of need for the same or greater number of nursing facility beds. A facility may transfer to any other entity its priority status for a new certificate of need.
IV. Any nursing home may surrender its license for any nursing home beds and redesignate those beds as mid-level care beds, without being subject to any requirements pursuant to this chapter. Such redesignation shall take effect upon notice to the commissioner. Any such beds so redesignated may be converted back to nursing home beds without being subject to any requirements pursuant to this chapter. Such conversion shall take effect upon notice to the commissioner. Any moratorium on the creation of new nursing home beds shall not apply with respect to beds which are converted back to nursing home beds pursuant to this paragraph.
Source. 1985, 378:6. 1988, 275:21, 22. 1994, 412:15, 16. 1998, 388:3, eff. Nov. 25, 1998. 2005, 177:141, eff. July 1, 2005.