Section 7.07.031. Request for determination of whether a certificate of need is required.

	(a)  A person who is considering whether to undertake an activity involving the construction or alteration of a health care facility or the addition of a category of health care services provided by a health care facility may submit to the department a written request for a determination as to whether the requirements of AS 18.07  and this chapter are applicable to the activity proposed, including whether  
		(1) the total cost for an expenditure for an activity listed in AS 18.07.031(a)(1) - (3) will meet or exceed the expenditure threshold set in AS 18.07.031;  
		(2) the activity constitutes a conversion to a nursing home under AS 18.07.031(b);  
		(3) the expenditure would be considered a cost associated with  
			(A) routine maintenance; or  
			(B) routine replacement of equipment; or  
		(4) the facility involved in the activity is a health care facility.  
	(b)  A request for determination must contain  
		(1) a clear, complete, and current description of the proposed activity, including a description of each component of the activity proposed to be undertaken;  
		(2) a certified estimate of the total cost of each proposed component of the activity listed in 7 AAC 07.010(a), as applicable, for the entire activity; and  
		(3) an estimated starting date and completion date for the proposed activity.  
	(c)  If the department requires additional information to make its determination, the department will send a written request for the additional information to the requester. The requester must provide the additional information requested by the department no later than 30 days after the date of the request or the department will terminate the request submitted under (a) of this section.  
	(d)  The department will send its determination to the requester  
		(1) no later than 20 days after the date that the department received the request; or  
		(2) if additional information is requested under (c) of this section, no later than 20 days after the date that the department received the additional information.  
	(e)  If the department determines that the proposed activity is subject to AS 18.07  and this chapter, the department will send a written notice of determination to the requester that  
		(1) a certificate of need application must be submitted and approved before the proposed activity may begin; and  
		(2) the requester may seek reconsideration under 7 AAC 07.033 of the department's determination.  
	(f)  If the department determines that a certificate of need is not required, the requester may proceed with the proposed activity. If that person subsequently finds that the cost of the activity will meet or exceed the expenditure threshold set by AS 18.07.031, or that the activity or facility is otherwise subject to AS 18.07  and this chapter, the person must submit an application under 7 AAC 07.040 to proceed.  

Authorities

18.07.031;18.07.101

Notes

Reference

7 AAC 07.032
7 AAC 07.033
7 AAC 07.105

Authority

AS 18.07.031 AS 18.07.101

History

Eff. 8/14/2005, Register 175; am 8/11/2010, Register 195