Michigan Compiled Laws 368-1978-17-222 Part 222 Certificates Of Need (333.22201...333.22260)

• Section 333.22201 Meanings Of Words And Phrases; Principles Of Construction.
  (1) For purposes of this part, the words and phrases defined in sections 22203 to 22207 have the meanings ascribed to them in those...
• Section 333.22203 Definitions; A To F.
  (1) “Addition” means adding patient rooms, beds, and ancillary service areas, including, but not limited to, procedure rooms or fixed equipment, surgical operating rooms,...
• Section 333.22205 Definitions; H To M.
  (1) “Health facility”, except as otherwise provided in subsection (2), means: (a) A hospital licensed under part 215. (b) A psychiatric hospital or psychiatric...
• Section 333.22207 Definitions; M To S.
  (1) “Medicaid” means the program for medical assistance administered by the department of community health under the social welfare act, 1939 PA 280, MCL...
• Section 333.22208 Definitions; T.
  (1) "Title XVIII" means title XVIII of the social security act, 42 USC 1395 to 1395kkk-1. (2) "Title XIX" means title XIX of the...
• Section 333.22209 Activities Requiring Certificate Of Need; Exceptions; Requirements; Acquisition Of Existing Health Facility; Relocation; “sharing Agreement” Defined.
  (1) Except as otherwise provided in this part, a person shall not do any of the following without first obtaining a certificate of need:...
• Section 333.22210 Certificate Of Need For Extended Care Services Program; Application; Criteria; Modification; Fee Prohibited; Compliance; Discrimination Prohibited; Exercise Of Rights; Written Acknowledgment; Forms; Additional Rights; Violation; Penalty; Certificate Required; Definitions.
  (1) Subject to this section, a hospital that applies to the department for a certificate of need and meets all of the following criteria...
• Section 333.22211 Certificate Of Need Commission; Creation; Appointment, Qualifications, And Terms Of Members; Vacancy; Laws To Which Commission Members Subject.
  (1) The certificate of need commission is created in the department. The commission consists of 11 members appointed by the governor with the advice...
• Section 333.22213 Commission; Bylaws; Removal Of Member; Election Of Chairperson And Vice-chairperson; Meetings; Quorum; Final Action; Compensation And Expenses; Duties Of Department; Professional Employees.
  (1) The commission shall, within 2 months after appointment and confirmation of all members, adopt bylaws for the operation of the commission. The bylaws...
• Section 333.22215 Duties Of Commission; Purpose; Public Hearing Before Final Action; Submission Of Proposed Final Action To Joint Committee; Approval Or Disapproval; Review Standards; Revision Of Fees.
  (1) The commission shall do all of the following: (a) If determined necessary by the commission, revise, add to, or delete 1 or more...
• Section 333.22217 Repealed. 2002, Act 619, Eff. Mar. 31, 2003.
  Compiler's Notes: The repealed section pertained to certificate of need review standards.Popular Name: Act 368
• Section 333.22219 Joint Legislative Committee.
  (1) A joint legislative committee to focus on proposed actions of the commission regarding the certificate of need program and certificate of need standards...
• Section 333.22221 Duties Of Department Generally.
  The department shall do all of the following: (a) Subject to approval by the commission, promulgate rules to implement its powers and duties under...
• Section 333.22223 Application For Certificate Of Need; Statement Addressing Review Criteria.
  An applicant for a certificate of need shall include as part of the application a statement addressing each of the review criteria listed in...
• Section 333.22224 Certificate Of Need Not Required.
  (1) A health facility required to be licensed as a freestanding surgical outpatient facility by rules promulgated under section 20115(2) due to the performance...
• Section 333.22224a Magnetic Resonance Image Units.
  (1) A person seeking to initiate, expand, replace, relocate, or acquire a fixed or mobile magnetic resonance imager service within a county that has...
• Section 333.22225 Demonstration Of Need For Proposed Project; Additional Requirements.
  (1) In order to be approved under this part, an applicant for a certificate of need shall demonstrate to the satisfaction of the department...
• Section 333.22226 Regional Certificate Of Need Review Agency; Standards; Designation Of Person For Specific Review Area; Requirements; Duration And Termination Of Agency; Local Certificate Of Need Review Agency; Application Or Other Information; Review; Recommendations; Decision; Convening Consumers, Providers, Purchasers, Or Payers Of Health Care; Public Hearing; Meetings; “review Area” Defined.
  (1) The commission shall develop standards for the designation by the department of a regional certificate of need review agency for each review area...
• Section 333.22227 Health Maintenance Organization; Purposes For Which Certificate Of Need Required; Capital Expenditures; Considerations And Criteria.
  (1) A health maintenance organization is required to obtain a certificate of need only for 1 or more of the following purposes: (a) The...
• Section 333.22229 Projects And Services Subject To Comparative Review; Exceptions; Establishment Of Comparative Review Or Alternative Procedure; Proposed Site For Project; Utilization And Financing Of Covered Clinical Services.
  (1) The following proposed projects are subject to comparative review: (a) Proposed projects specified as subject to comparative review in a certificate of need...
• Section 333.22230 Participation In Medicaid Program As Distinct Criterion.
  In evaluating applications for a health facility as defined under section 22205(1)(c) in a comparative review, the department shall include participation in title XIX...
• Section 333.22231 Decision To Grant Or Deny Application For Certificate Of Need; Conditions; Single Decision For All Applications; Proposed Decision; Final Decision; Notice Of Reversal; Hearing; Judicial Review; Effect Of Exceeding Time Frames.
  (1) The decision to grant or deny an application for a certificate of need shall be made by the director. A decision shall be...
• Section 333.22232 Hearing; Written Request; Appointment And Duties Of Hearing Officer; Governing Law.
  (1) The applicant may, within 15 days after receipt by the applicant of the bureau's proposed decision to deny the application or receipt of...
• Section 333.22233 Waiver Of Criteria And Procedures.
  If the department determines that a proposed project is nonsubstantive in nature and does not warrant a full review, the department may waive certain...
• Section 333.22235 Waiver Of Law And Procedural Requirements And Criteria For Review; Affidavit; Emergency Certificate Of Need.
  (1) The department may waive otherwise applicable provisions of this part and procedural requirements and criteria for review upon a showing by the applicant,...
• Section 333.22237 Data And Statistics As Condition Precedent To Issuance Of Certificate Of Need.
  As a condition precedent to the issuance of a certificate of need, the department may require that a health facility provide the department with...
• Section 333.22239 Stipulation.
  (1) If the certificate of need approval was based on a stipulation that the project would participate in title XIX and the project has...
• Section 333.22241 “new Technology” Defined; New Technology Review Period; Conditions To Acquisition Of New Technology Before End Of Review Period; Appointment, Composition, And Purpose Of Standing New Medical Technology Advisory Committee.
  (1) For purposes of this section and section 22243, “new technology” means medical equipment that requires, but has not yet been granted, the approval...
• Section 333.22243 Acquisition Of New Technology Before Approval Of Federal Food And Drug Administration; Notice; Requirements; Deactivation And Removal Of New Technology From Service; Conditions To Utilizing New Technology Beyond Specified Period.
  (1) Unless the commission provides otherwise in a standard approved under section 22215(1)(h), a person may acquire new technology before the new technology is...
• Section 333.22247 Monitoring Compliance With Certificates Of Need; Investigating Allegations Of Noncompliance; Violation; Sanctions; Refund Of Charges.
  (1) The department shall monitor compliance with all certificates of need issued under this part and shall investigate allegations of noncompliance with a certificate...
• Section 333.22249 Agreement Authorizing Hospital To Lease Space And Operate Beds In Another Hospital; Conditions.
  (1) Subject to subsection (2), if a hospital has a high occupancy rate, as determined by the department, and if the hospital applies for...
• Section 333.22251 Repealed. 1993, Act 88, Imd. Eff. July 9, 1993.
  Compiler's Notes: The repealed section pertained to plans for reduction of excess hospital beds.Popular Name: Act 368
• Section 333.22253 Injunction Or Other Process To Restrain Or Prevent Violation.
  Notwithstanding the existence and pursuit of any other remedy, the department may request the attorney general or prosecuting attorney of the jurisdiction where a...
• Section 333.22255 Procedural Rules.
  The department, with the approval of the commission, may promulgate procedural rules to implement this part. History: Add. 1988, Act 332, Eff. Oct. 1,...
• Section 333.22257 Certificate Of Need Issued Under Former Part 221.
  A certificate of need issued under former part 221 has the same effect as a similar certificate of need issued under this part. The...
• Section 333.22260 Reports Of Reviews; Preparation And Publication; Statements; Recommendations; Public Examination Of Applications And Written Materials On File; Providing Copies.
  (1) The department shall prepare and publish monthly reports of reviews conducted under this part. The reports shall include a statement on the status...

Last modified: October 10, 2016