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2000 SESSION

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HB 1270 Health; certificate of public need.

Introduced by: John H. Rust, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Health; certificate of public need. Changes various timelines and procedures for issuance or denial of a certificate of public need including: (i) changing the references to health systems agency to health planning agency; (ii) extending the review period from 120 days by referencing the "appropriate batch period" established by the Board by regulation not to exceed 190 days; (iii) extending the time period for the Commissioner to make a determination from 15 days to 45 days after which time the Commissioner must notify the applicant or applicants that the application shall be deemed approved 25 calendar days after the expiration of the 45-day period unless information from the hearing officer permits the Commissioner to make his decision within that 25-day period; (iv) providing that, if the Commissioner does not make a determination within 70 calendar days after the closing of the record, the application shall be deemed approved; (v) deleting the provision for the refund of 50 percent of the fee paid if the application is not deemed approved; and (vi) providing that, if the Commissioner does not make a determination within 45 days, any applicant may institute a proceeding for mandamus against the Commissioner in the circuit court. In any appeal of the case decision granting a certificate of public need, the court may require the appellant to file a bond for protection of all parties interested in the case decision, conditioned on the payment of all damages and costs incurred in consequence of such appeal. If the applicants consent to extending any time period, the Commissioner, with the concurrence of the applicants, must establish a new schedule for the remaining time periods.


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