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Developed and maintained by the Division of Legislative Automated Systems.
2000 SESSION
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.
FULL TEXT
- 01/24/00 House: Presented & ordered printed 003726928 pdf
- 02/07/00 House: Printed as engrossed 003726928-E pdf
- 03/06/00 Senate: Committee substitute printed 006183924-S1 pdf
- 03/20/00 House: Bill text as passed House and Senate (HB1270ER) pdf
- 05/04/00 Governor: Acts of Assembly Chapter text (CHAP0931) pdf
AMENDMENTS
HISTORY
- 01/24/00 House: Presented & ordered printed 003726928
- 01/24/00 House: Referred to Committee on Health, Welfare and Institutions
- 01/26/00 House: Assigned to H. W. I. sub-committee: 3
- 02/03/00 House: Reported from H. W. I. w/amendments (21-Y 1-N)
- 02/04/00 House: Read first time
- 02/07/00 House: Read second time
- 02/07/00 House: Committee amendments agreed to
- 02/07/00 House: Engrossed by House as amended
- 02/07/00 House: Printed as engrossed 003726928-E
- 02/08/00 House: Read third time and passed House (89-Y 10-N)
- 02/08/00 House: VOTE: PASSAGE (89-Y 10-N 1-A)
- 02/08/00 House: Communicated to Senate
- 02/09/00 Senate: Constitutional reading dispensed
- 02/09/00 Senate: Referred to Committee on Education and Health
- 03/05/00 Senate: Reported from Ed. & H. with substitute (7-Y 4-N)
- 03/06/00 Senate: Const. reading disp., passed by for the day (39-Y 0-N)
- 03/06/00 Senate: Committee substitute printed 006183924-S1
- 03/06/00 Senate: VOTE: CONST. RDG. DISPENSED R (39-Y 0-N)
- 03/07/00 Senate: Read third time
- 03/07/00 Senate: Reading of substitute waived
- 03/07/00 Senate: Committee substitute agreed to 006183924-S1
- 03/07/00 Senate: Engrossed by Senate - comm. sub. 006183924-S1
- 03/07/00 Senate: Passed Senate with substitute (38-Y 0-N)
- 03/07/00 Senate: VOTE: PASSAGE (38-Y 0-N)
- 03/08/00 House: Placed on Calendar
- 03/09/00 House: Senate substitute agreed to by House (97-Y 1-N)
- 03/09/00 House: VOTE: ADOPTION (97-Y 1-N 1-A)
- 03/20/00 House: Bill text as passed House and Senate (HB1270ER)
- 03/22/00 House: Enrolled
- 03/22/00 Senate: Signed by President
- 03/24/00 House: Signed by Speaker
- 04/09/00 Governor: Approved by Governor-Chapter 931 (effective 7/1/00)
- 05/04/00 Governor: Acts of Assembly Chapter text (CHAP0931)