Sec. 10.24.01.20. Emergency Certificate of Need

A. Commission May Issue an Emergency Certificate of Need. If a situation presents hazards to employees or patients of a health care facility or the closing of a facility by State licensing authorities requires changes or adjustments in other facilities to accommodate displaced patients, and the changes or adjustments would otherwise require that these facilities obtain a Certificate of Need under these regulations, the Commission may issue an emergency Certificate of Need.

B. Commission Action. The Executive Director of the Commission is authorized to grant or deny an emergency Certificate of Need after consultation with the Commission Chairman or the Chairman's designee. Before an emergency Certificate of Need is issued and before licensing action is taken, the Department's Office of Health Care Quality shall provide the Commission's Executive Director with suitably detailed written information explaining why action cannot be delayed. If, upon receipt of this information, the Executive Director agrees that an emergency situation exists, the Executive Director shall issue an emergency Certificate of Need to allow the Office of Health Care Quality to issue an appropriate provisional license. The Executive Director shall notify the Commission of the issuance of the emergency Certificate of Need at the next scheduled Commission meeting for confirmation.

C. Duration of Emergency Certificate of Need. The emergency Certificate of Need is temporary and may not exceed 165 days. During the first 30 days of this period, the facility shall submit a formal application for a Certificate of Need to the Health Facilities Coordination Office. The normal review period set forth in Regulations .08-.10 of this chapter applies.

D. Time Frame for Commission Action. Within 150 days of the filing of a complete Certificate of Need application, the Commission shall issue its decision regarding the Certificate of Need.

E. Inapplicability if Capital Expenditure is Involved. An emergency Certificate of Need may only be granted when the emergency change in licensure can be accomplished without a capital expenditure that exceeds the threshold for capital expenditure defined in Regulation .01B of this chapter.