Section 11-186-99.1 - Administrative review of certain proposals(a) The agency may review and approve, conditionally approve, or disapprove certain applications for certificate of need without referring the applications to the subarea council, the review panel, the statewide council, or the countywide review committee.(b) Projects eligible for administrative review are:(1) Bed changes which will have a capital expense of $1,000,000 or less, and which will have an increased annual operating expense of less than $500,000;(2) Service changes which will have a capital expense of $1,000,000 or less, and which will have an increased annual operating expense of less than $500,000;(3) Any acquisition of a health care facility or service which will result in lower annual operating expenses for that facility or service;(4) Any change of ownership, where the change is from one entity to another substantially related entity; (5) An additional location of an existing service or facility; or(6) Any proposal which is determined by the agency not to have a significant impact on the health care system.(c) An applicant whose proposal meets one or more of the criteria in subsection (b) may submit an application for administrative review and approval.(d) The agency shall deny any request for administrative review if it determines that: the application does not meet any of the criteria in subsection (b), or that the public interest will be served by requiring the application to go through the standard review process. Any application which is denied an administrative review under this subsection may be resubmitted by the applicant for review under the standard procedure. A denial of administrative review under this subsection does not constitute a certificate of need disapproval.(e) The agency may approve a certificate of need for any application submitted under this chapter if the agency determines that the application meets one or more of the eligibility criteria in subsection (b), and that the application meets the criteria for certificate of need as established in section 11-186-15(a); and that there is no compelling public interest which will be served by requiring the application to go through the standard review process.(f) The agency shall disapprove any application submitted under this section if it determines that the application does not meet the criteria for certificate of need established in section 11-186-15(a). The agency shall also disapprove any application for certificate of need, whether it has been submitted for administrative review or standard review, if the application is inconsistent with or contrary to the state health services and facilities plan under section 323D-15, Hawaii Revised Statutes.(g) A decision under this section shall become final after the time expires for any person to request a public hearing for reconsideration of the decision pursuant to section 11-186-82.(h) Sections 11-186-35 through 11-186-41, 11-186-44 through 11-186-51, and 11-186-70 shall not apply to administrative reviews under this section. Haw. Code R. § 11-186-99.1
[Eff. JAN 21, 1988 ] (Auth: HRS Sec. 323D-62) (Imp: SLH 1987, Act 270, Sec. 2)Eff. am and comp 8/17/2019