Section R. 325.9413 - Amendments to approved certificates of needRule 413.
(1) A recipient may request the department to amend an approved certificate of need if the project is not a completed project. After consulting with the appropriate regional certificate of need review agency, the department shall decide whether the amendment requires another review. The department's decision to require another review or deny a request is not subject to the administrative hearing process in the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328.(2) A request to amend a certificate of need shall be accompanied by the required fee if the amendment request results in higher costs under the fee schedule in section 21601 of the code for the proposed project that would have required a higher fee when submitted originally. An amendment not accompanied by the required fee will not be processed by the department until the required fee is received.(3) A certificate of need issued after a comparative review shall not be amended to change any of the following: (a) The scope of the project.(b) An increase in the cost of the project.(c) The method of financing the project.(d) The terms of financing the project, except where a recipient demonstrates to the satisfaction of the department, that an amendment to change the method or terms of financing offers a less costly alternative to the approved method or terms of financing the project.(4) The department may allow an amendment requesting a change in the site of an approved health facility before completion of the project if both of the following criteria are met: (a) Sufficient evidence is submitted and deemed reasonable by the bureau detailing an event that could not be reasonably foreseen that prevents the completion of an approved project at the approved site. The event that could not be reasonably foreseen must have occurred after the approval of the project.(b) The site proposed in the amendment shall meet the exact criteria and scoring, if applicable, as the previously approved site and any new criteria in updated standards.(5) An amendment for an approved health facility or covered clinical service shall not modify the person, purpose of the property, or the scope of the project. An amendment for an approved health facility or covered clinical service shall not increase the number of beds or clinical services approved in a certificate of need. An amendment cannot change the site of an approved covered clinical service for a nonlicensed facility.(6) The department may allow an amendment requesting a change in the method and terms of financing, approved capital expenditures, for example, medical equipment, or other costs only in those instances where the recipient is able to demonstrate that the need for amendment arises from circumstances beyond its control or the amendment offers a better alternative as determined by the department with the advice of the appropriate regional certificate of need review agency.(7) The department may request additional information regarding a proposed amendment under the time periods in R 325.9201(3).(8) The review period for a request to amend an approved certificate of need shall not be longer than the original review period for the application. When reviewing a proposed amendment to an approved certificate of need, the bureau shall use the standards in effect at the time of the original approval of the certificate of need.(9) The department may grant an extension to the date a decision will be issued for an amendment upon written request from a recipient. An extension may be granted for not less than 30 days, but not more than 90 days.(10) Unless waived by the department, amendments to a certificate of need are subject to the same conditions and stipulations imposed on the original certificate and any new conditions and stipulations imposed on the amendment.Mich. Admin. Code R. 325.9413
1986 AACS; 1996 AACS; 2014 AACS; 2016 MR 24, Eff. 12/20/2016