Section 22-B4203. SUBSTANTIAL MODIFICATION OF APPLICATION

 

4203.1When an applicant proposes a substantial modification of a CON application the applicant may be required to withdraw the original application and submit a new application reflecting the modifications.

 

4203.2The new application constitutes a wholly separate application and is subject to all elements of the review process, including submission of a Letter of Intent for the new application.  SHPDA shall waive the sixty (60) day waiting period following the submission of a Letter of Intent for the submission of a new application when the application results from substantial modification of an original application.

 

4203.3For purposes of this section, the term "substantial modification" includes:

 

(a) A change in the location of the facility to a different Advisory Neighborhood Commission, service, or the type of facility or service;

 

(b) A change in the proposed capital expenditure budget of thirty percent (30%) or more;

(c)A change increasing or decreasing patient load or units of service by forty percent (40%) or more from the capacity originally proposed; or

 

(e) A change in the ownership or effective control of the entity seeking to obtain a CON that, if the entity already held a valid CON, would cause the revocation of the CON under Section 4009 of this title.

 

 

authority

§ 22 of the Health Services Planning Program Re-establishment Act of 1996 (Act), effective April 9, 1997 (D.C. Law 11-191; D.C. Official Code § 44-421 (2012 Repl.)).

source

Final Rulemaking published at 29 DCR 5569 (December 17, 1982), enacting Proposed Rulemaking published at 29 DCR 4742 (October 29, 1982); as amended by Final Rulemaking published at 61 DCR 1666 (February 28, 2014).