Section 401.14. Letters of intent and filing fees—statement of policy

(a) A person intending to offer, develop, construct, renovate, expand or otherwise establish or undertake to establish either a clinically related health service that is included in the Department’s list of reviewable clinically related health services in § 401.12 (relating to addition of a health service subject to Certificate of Need review—statement of policy), or a health care facility as defined in section 103 of the act (35 P. S. § 448.103) shall at the earliest possible time in their planning submit a signed letter of intent to the Department.

(b) Letters of intent shall contain the following information:

(1) The name and address of the applicant.

(2) The name and address of the contact person for the project.

(3) The proposed name and location of the project.

(4) A brief description of the proposed project, including the amount of capital expenditure, the type of health service being proposed or a change in bed capacity involved in the proposed project.

(5) The expected date of project commencement and completion.

(6) The expected capital expenditure, including capital leases or donations as defined in § 401.15 (relating to Certificate of Need application procedures and filing fees—statement of policy), and anticipated source of project financing.

(7) A statement certifying that the data, information and statements are factual to the best of the applicant’s knowledge, information and belief.

(c) Every person who submits to the Department a letter of intent shall file a nonrefundable fee of $150 in the form of a certified check made payable to the ‘‘Commonwealth of Pennsylvania.’’ The required fee for a letter of intent is due upon filing of the letter of intent. The letter of intent will not be considered until the fee is received.

(d) Within 30 days of receipt of a letter of intent, the Department will assign a project number, determine reviewability of the proposal and notify the applicant if a Certificate of Need is required. If a Certificate of Need is required, the Department will mail to the applicant an application form and appropriate instructions for completion of the application.

(e) Even if the required letter of intent fee is received, the elements of subsection (b) shall be addressed before the time period in subsection (d) commences.

(f) The Department will withdraw from further consideration a letter of intent if a Certificate of Need application is not filed within 1 year of the date of determination of reviewability.

(g) The Department will not accept a facsimile of a letter of intent electronically transmitted to the Department.

The provisions of this § 401.14 adopted February 19, 1993, effective February 20, 1993, 23 Pa.B. 843.