As Amended
SEC. 41-7-205. Nonsubstantive projects; exemption from formal review.
The State Department of Health shall provide an expedited review for those projects which it determines to warrant such action. All requests for such an expedited review by the applicant must be made in writing to the State Department of Health. The State Department of Health shall make a determination as to whether expedited review is appropriate within fifteen (15) days after receipt of a written request. The State Department of Health shall render its decision concerning the issuance of a certificate of need within ninety (90) days after the receipt of a completed application. A project is subject to expedited review only if it meets one (1) of the following criteria:
(a) A transfer or change of ownership of a health care facility wherein the facility continues to operate under the same category of license or permit as it possessed prior to the date of the proposed change of ownership and none of the other activities described in Section 41-7-191 (1) take place in conjunction with such transfer;
(b) Replacement of equipment with equipment of similar capability if the equipment is included in the facility's annual capital expenditure budget or plan;
(c) A request for project cost overruns that exceed the rate of inflation as determined by the State Department of Health;
(d) A request for relocation of services or facilities;
(e) A request for a certificate of need to comply with duly recognized fire, building, or life safety codes, or to comply with state licensure standards or accreditation standards required for reimbursements;
(f) Any proposal in which the proposed capital expenditure, if for major medical equipment does not exceed Four Hundred Sixty Thousand Dollars ($460,000.00), and if for any other proposed capital expenditure does not exceed Seven Hundred Thousand Dollars ($700,000.00).
SOURCES: Laws, 1979, ch. 451, Sec. 11; 1980, ch. 493, Sec. 10; 1982, ch. 482, Sec. 7; 1985, ch. 534, Sec. 13; 1986, ch. 338; 1986, ch. 437, Sec. 46; 1987, ch. 515, Sec. 7, eff from and after July 1, 1987.