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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 22. HEALTH |
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SubTilte 22-B. PUBLIC HEALTH AND MEDICINE |
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Chapter 22-B40. CERTIFICATES OF NEED |
Section 22-B4011. NOTICE OF CERTAIN CAPITAL EXPENDITURES
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4011.1A health care facility or service (except an HMO exempt under D.C. Official Code § 44-407(c) and 22 DCMR 4109) shall notify SHPDA that it intends to obligate an expenditure of two million five hundred thousand dollars ($ 2,500,000) or more for construction, repairs, or renovation of facilities, when that action requires issuance of any type of permit from the District government notwithstanding that the capital expenditure intended is less than the CON review threshold.
4011.2A health care facility or service shall submit with the notice either of the following:
(a) A summary of the project, including total estimated capital expenditure; or
(b) A copy of the required permit application filed with the appropriate District government agency or agencies.
4011.3 The notice shall contain a description of any related capital construction repairs or renovations that the facility may consider undertaking within two (2) years of the completion of the work for which notification is presently being given.
4011.4The health care facility or service shall file notice with SHPDA at least ninety (90) days before undertaking the construction, repairs, or renovation in question.
4011.5A health care facility or service, except an HMO exempt under Chapter 41, shall notify SHPDA of its intention to obligate an expenditure to acquire by lease, donation, or other transfer, any major equipment. Notice shall be given not less than thirty (30) days before acquiring the equipment.
4011.6A health care facility or service, except an HMO exempt under Chapter 41, shall notify SHPDA of its intention to acquire by lease, donation, or other transfer, diagnostic or medical treatment equipment (including the replacement of parts of existing equipment that enhance the original capabilities of the equipment), whether a single unit or system with related functions, the fair market value of which is under one million five hundred thousand dollars ($1,500,000). Notice shall be given not less than thirty (30) days before acquiring the equipment.
4011.7The notice required by Subsections 4011.5 and 4011.6 shall include:
(a) The purchase price or fair market value of each item of equipment to be obtained;
(b) Each item’s function;
(c) The services and locations within the facility that will be affected by the equipment acquisition; and
(d) A description of functionally related equipment extensions or enhancements that the facility may consider purchasing within two (2) years of putting the equipment described in the notice into operation.
4011.8If the Director determines that the activity described in the notice is related to subsequent action to be taken within the two (2) year period and should be considered a single project, a CON review shall be required when the total cost of the present and subsequent actions exceeds the capital expenditure threshold for CON review.
4011.9If a health care facility or service, except an HMO exempt under Chapter 41, intends to undertake related construction, repairs, or renovations, or intends to acquire functionally related equipment, extensions or enhancements to equipment not describe in a notice to SHPDA, the additional activities or equipment shall be subject to CON review when the total cost within a given two (2) year period exceeds the capital expenditure threshold for CON review.
4011.10SHPDA shall conduct an expedited review of a CON application required under this section, and the applicant shall not be required to file a letter of intent.
4011.11The Director’s determination under this section that intended action by a health care facility or service is subject to CON review may be appealed by an affected person to the District of Columbia Office of Administrative Hearings.