Section 151-C:8 Procedures for Certificate of Need.
I. If a standard developed through RSA 151-C:5 or 151-C:6 indicates a need for additional health services, the board shall issue a request for applications. The board shall publish, in other than the legal notices section, in a newspaper of statewide distribution and in at least one newspaper in every county, as well as notify all affected persons as defined in paragraph VI(b) of this section, a notice that the board is requesting applications for certificates of need for the specified service. At a minimum the notice shall include:
(a) A brief description of the service to be provided, including the amount, type, and location as established by the standard.
(b) The final date that applications are to be submitted which shall be no sooner than 60 days from the date of publication. An application in response to a request for application may be submitted prior to the deadline, but no review shall commence prior to the deadline.
(c) An address at which applicants may obtain copies of the application format as well as the minimum criteria and specifications which shall be the basis for judging the merits of each application.
II. The board shall be available to provide technical assistance to any applicant submitting an application in response to a request for applications.
III. All applications received in response to a single request for applications shall be reviewed simultaneously and shall be considered in relationship to each other.
IV. Every application shall contain such information as the board adopts by rule. The board shall not require any information which it has not adopted by rule. The information requirements established by the board may vary according to the purpose of the review or the type of health service being reviewed. In addition to the information required for submission to the board, any applicant may submit, and the board shall duly consider, any other information.
V. (a) The board shall examine every application for form and completeness, and the information required by RSA 151-C:7 as well as the specifications and standards outlined in the request for application. If an application is determined incomplete by the board, it shall notify the applicant by certified mail within 15 business days of receipt of the application. Such notification shall include a full explanation of the reasons for incompleteness. If no request for additional information is made by the board within the 15 business days, the application shall be considered complete.
(b) An applicant whose application is incomplete shall be allowed a maximum of 15 business days, from the date of receipt of notification of incompleteness, to provide the required additional information. The applicant shall not provide more than the required additional information. The board shall then review the additional information provided by the applicant; and, if satisfactory, the application shall be considered complete and the applicant shall be notified by certified mail. If the application is still found to be incomplete, the board shall mail the applicant a notification within 10 business days of receipt of the additional information. If no such notification is mailed to the applicant by the board within the 10 business days' period, the application shall be considered complete. Within 5 business days of the receipt of any information submitted pursuant to the second completeness notice, the board shall notify the applicant as to whether such information is satisfactory and the application shall be considered complete.
(c) Any applicant whose application is incomplete following the second completeness review under subparagraph (b) may, by certified mail, within 5 business days of receipt of the second notice of incompleteness:
(1) Provide the additional required information; or
(2) Stipulate that it wishes to have its application reviewed by the board notwithstanding its incompleteness. Any applicant whose application is incomplete and who fails to either provide the additional required information or stipulate that it wishes to have its application reviewed notwithstanding its incompleteness shall waive any right to have its application reviewed.
(d) The state agency shall review any application for which a stipulation has been filed pursuant to subparagraph (c).
(e) An applicant may withdraw an application at any time thereby terminating the review process.
VI. (a) Within 10 business days of completion of the completeness review under paragraph V of this section, the board shall mail, to any qualified applicant, a notice that formal review of the application has begun and shall publish the notice in other than the legal notice section of one or more newspapers of general circulation in the state and in one or more newspapers of general circulation in the service area of the facility to be reviewed. The board shall provide all affected persons, as defined in subparagraph (b), with written notification of the beginning of a review. The notice shall include a statement that review has begun and the proposed schedule for review by the board.
(b) For purposes of this paragraph, ""affected persons'' include organizations of health care providers and organizations of health care consumers, as defined by the board by rules adopted pursuant to RSA 541-A, and members of the public who are to be served by the proposed project. For purposes of this paragraph, notification of all qualified applicants in which the proposed project is to be offered or developed shall be by certified mail. Notification to all affected persons shall be by mail and notification to members of the public shall be by newspaper. Notification by newspaper shall serve as appropriate notice to all health care facilities located within the state.
(c) If an affected person fails to receive notification which was provided in accordance with this paragraph, such failure of notice shall not be grounds for reversal of a decision made by the board, defeat any jurisdiction of the board, or adversely affect the regularity of any proceedings before the board.
VII. The date on which notification is sent to qualified applicants or the date on which notification to the members of the public first appears in a newspaper published in the state, whichever occurs later, shall be the date of notification and shall be the beginning date of the review cycle of the board.
VIII. The board shall establish review schedules which provide that no review by the board shall, to the extent possible, take longer than 90 calendar days from the beginning of the review cycle to the date of a final decision of the board. In accordance with the requirements of RSA 151-C:11, the board shall adopt exception criteria for determining when it would not be practicable to complete a review within 90 calendar days. If an application clearly meets such exception criteria, the agency may provide for a single extension of the review period for a total of 30 calendar days beyond the initial 90-day period. The total review period for certificate of need shall not extend beyond 120 days from the beginning of review.
IX. Upon request, the board shall provide for access by the general public to all applications reviewed by the board and to all other written materials pertinent to board review.
X. The board shall provide in its review procedures for a public hearing. The board shall, prior to such hearing, provide notice of such hearing in accordance with the notification provisions in paragraph VI of this section. The procedures for a public hearing shall include an opportunity for any person to present testimony regarding the proposed project, the right of any persons testifying to be accompanied and advised by legal counsel, the right of any qualified applicant to cross-examine witnesses, and the establishment of a formal record of the hearing. The board shall not impose any fee for such a public hearing.
XI. During the course of review of any application for a certificate of need, the board shall take reasonable measures to prohibit and prevent all ex parte communication relating to the merits of such application.
XII. (a) After an application has been filed with the board, the applicant may file a request to amend the application only during the 45 days after the date of notification of the beginning of review. If the board grants the applicant's request, the application shall be filed 30 days after the board's approval. The board shall examine the amended application for form and completeness, for information required in RSA 151-C:7, and for conformity to all applicable standards in the request for applications. If an application is determined incomplete, the board shall notify the applicant by certified mail within 10 business days of receipt of the amended application. The applicant whose application is incomplete shall be allowed a maximum of 10 business days from the date of receipt of the board's notification of incompleteness to provide the required additional information. The amended application shall then be considered complete and processed in accordance with the provisions of paragraph VIII.
(b) When an application is filed with the board, an applicant shall be required by the board to file an amendment of the application when any supporting documentation or other material submitted to the board by the applicant indicates that:
(1) The nature, scope, or location of the project will differ substantially from those described in the application;
(2) The method of financing will differ substantially from that described in the application in that the estimated capital expenditure will exceed that proposed in the application by 15 percent plus the inflation factor, as specified in RSA 151-C:12, IV.
(3) The identity of the applicant has changed.
(4) The board may waive the requirements of subparagraph (b)(1), (2) or (3) if it is determined that the proposed amendment of the application is technical or otherwise insignificant.
(c) If an amendment is filed in accordance with subparagraph (a) or (b), the application shall return to the point in the review process defined in paragraph VI relative to the notification to the applicant that review of the application has begun.
XIII. Any action by the board or by an applicant pursuant to this section which results in a delay of the review process shall affect all applicants which filed under the same request for application and are considered by the board to be competing.
Source. 1985, 378:6. 1988, 275:9-14. 1991, 333:8-10, eff. Aug. 27, 1991.