 |
D.C. Municipal Regulations (Last Updated: September 13, 2017) |
 |
Title 22. HEALTH |
|
SubTilte 22-B. PUBLIC HEALTH AND MEDICINE |
|
Chapter 22-B40. CERTIFICATES OF NEED |
Section 22-B4007. ISSUANCE AND EXTENSION OF CERTIFICATE OF NEED
-
4007.1 A CON shall be issued for a period of up to three (3) years as the Director determines to be appropriate. An applicant may request, and the Director may grant, an applicant’s written request for a CON period of less than three (3) years.
4007.2The Director may grant an extension of an expiring CON for a period of up to four (4) years, including the original term and excluding any administrative extensions that may have been granted, upon a written showing of substantial progress or a justification for lack of progress.
4007.3For purposes of this section, the phrase “substantial progress” means reasonable compliance with SHPDA-approved schedule for the project.
4007.4For purposes of this section, the phrase “justification for lack of progress” means an explanation acceptable to the Director for the CON holder’s non-compliance with the SHPDA-approved schedule, and may include factors beyond the control of the CON holder.
4007.5SHPDA shall extend or deny an extension of a CON based on the quarterly progress reports filed by the CON holder under Section 4008 and any additional information required by this chapter.
4007.6The "SHPDA-approved schedule" shall be the latest of the following:
(a) The final schedule submitted for approval in the applicant's CON application;
(b)The schedule required by SHPDA in any condition of a CON; or
(c) The schedule approved by SHPDA in an extension.
4007.7If the applicant has not made substantial progress, SHPDA shall issue a ninety (90) day administrative extension of the CON for the purpose of allowing SHPDA to commence proceedings for revoking the CON under the provisions of Section 4010.
4007.8If an applicant has made substantial progress but there has been a deviation from another aspect of the approved application, and the Director intends to grant an extension, SHPDA may require the applicant to comply with the previously approved requirements or a SHPDA-approved modification of those requirements.
4007.9 The Director’s decision to extend or not extend a CON may be appealed under the provisions of Chapter 43 of this title.
4007.10 The Director may grant an administrative extension of the validity of a CON for up to ninety (90) days for good cause, which may include a showing that the project is within ninety (90) days of completion.
4007.11 A CON that is not extended shall be void.
4007.12A CON holder requesting extension of a CON beyond a total of four (4) years shall submit a new application for a CON for the project to SHPDA no later than six (6) months before the current CON expires.
4007.13If a CON holder provides written assurance that the project will be completed within six (6) months after the expiration of its current CON, including any extension up to but not exceeding a total of four (4) years, SHPDA may grant an additional administrative extension for up to six (6) months without the need for an applicant to submit a new CON application.