Sec. 10.24.01.18. Review Required Before Licensing or First Use of Project

A. Request for First Use Review and Approval. Not less than 60 days but not more than 120 days before the first use of any portion of the facility or service, an applicant shall specify the anticipated date for first use and request in writing, through the Health Facilities Coordination Office, a final review.

B. Local Health Department.

(1) The local health department may review the project and services in relation to the Certificate of Need and any existing conditions.

(2) The local health department shall report its recommendation in writing to the Commission, with a copy to the applicant, as follows:

(a) The project, or a portion of the project, continues to conform with the Certificate of Need, and each condition and change approved under Regulation .17 of this chapter, and is recommended for licensure or first use, or both; or

(b) The project, or a portion of the project, no longer conforms with its Certificate of Need, for reasons stated.

C. Time Frame for Local Health Department Recommendation. In order to be considered by the Commission, the local health department's recommendation must reach the Commission not less than 20 days before the anticipated date of first use specified by the applicant under §A of this regulation.

D. Commission Action. The Commission shall review the local health department's recommendation and shall act on it within 10 days of receipt from the local health department. If a local health department does not perform this review, the Commission may use the time allotted to the local health department. Final notification shall be in writing to the applicant, the local health department, and the responsible licensing agencies, in the form of one of the decisions listed in §B of this regulation. The Commission's decision on first use is not a new final decision concerning a Certificate of Need and may not be appealed.

E. Nonconformance with Certificate of Need Approval. If the Executive Director finds that a project does not conform to its Certificate of Need, the applicant may not proceed to licensure or first use until the Executive Director issues a written finding that the project conforms with its Certificate of Need. Based on a finding that a project varies significantly from the project that was granted a Certificate of Need, the Executive Director may invoke the full review process established in Regulations .08-.10 of this chapter in order to reexamine this project.

F. Duration of First-Use Approval. First-use approval remains in effect for 90 days. A project that does not implement within that 90-day period each service for which first-use approval was granted shall reapply for first-use approval.