Section 401.7. Simultaneous and comparative review

(a) The following categories of projects will receive simultaneous and comparative review:

(1) Alcohol and other drug treatment and rehabilitation.

(2) Ambulatory surgical services.

(3) Cardiac catheterization.

(4) Cardiac surgery.

(5) Comprehensive medical rehabilitation.

(6) Lithotripters.

(7) Magnetic resonance imaging devices.

(8) Psychiatric services.

(9) Renal dialysis units.

(10) Skilled nursing and intermediate care services.

(b) The Department, after consultation with the HSAs, will establish a schedule for simultaneous and comparative review of the categories of projects identified in this section. The time between the beginning of a period and the beginning of the next succeeding period for submission of applications for a category may not exceed 4 months. This schedule will be submitted for publication as a notice in the Pennsylvania Bulletin.

(c) Simultaneous and comparative reviews will follow the procedures in § 401.4 (relating to criteria for Certificate of Need review), with the following modifications:

(1) To qualify for simultaneous and comparative review, an application shall be submitted to the HSA and the Department under § 401.5 (relating to certificate of need) within 5 days of the scheduled beginning date for receipt of applications. An application submitted after the 5th day of the beginning date will be returned to the applicant for resubmission during a subsequent simultaneous and comparative review period.

(2) An applicant may withdraw an application from a simultaneous and comparative review period by requesting in writing the withdrawal of the application from consideration.

(3) An applicant may request postponement of review until a subsequent simultaneous and comparative review period.

(4) An applicant’s request for an extension will be considered a request for postponement of review until a subsequent simultaneous and comparative review period.

(5) An applicant’s request for a substantial modification will be considered a request for postponement of review until a subsequent simultaneous and comparative review period.

(6) The HSA and the Department will determine if an application is complete and notify the applicant of its findings by the 15th day of the simultaneous and comparative review period. In determining if an application is complete, the HSA and the Department will examine the application to determine if requested information has been provided. An application which is still incomplete on the 30th day of a review period will be returned to the applicant for resubmission during a subsequent simultaneous and comparative review period.

(7) The HSA shall publish a notice, in at least one newspaper of general circulation serving the localities in which the projects will be developed, within 30 days following the beginning of the simultaneous and comparative review period.

(i) The notice shall contain the following information:

(A) Names and addresses of the applicants.

(B) A brief description and an estimate of the cost of the projects.

(C) The schedule for review.

(D) Notification that the applications are complete.

(E) Notification that the review of the completed applications is beginning.

(F) Notification of the date a public hearing will be held.

(G) Notification of the deadline for submission of objections to the applications and the deadline for submission of intention to attend or testify at the public hearing.

(ii) The Department will provide notice as set forth in this paragraph if one of the following applies:

(A) There is no HSA functioning in an applicant’s regional area.

(B) More than one HSA is involved in the review of applications in a particular project category and the Department has determined that one hearing is preferable to a hearing in each regional area.

(8) No additional information will be accepted by the Department after the applications have been deemed complete, except during the public hearing.

The provisions of this § 401.7 adopted January 9, 1987, effective January 10, 1987, 17 Pa.B. 182.

Notation

Authority

The provisions of this § 401.7 issued under section 702 of the Health Care Facilities Act (35 P. S. § 448.702(j)).