Title 31, Chapter 6, Section 41
( 31-6-41)
(a) A certificate of need shall be valid only for the defined scope,
location, cost, service area, and person named in an application, as
it may be amended, and as such scope, location, area, cost, and
person are approved by the department, unless such certificate of
need owned by an existing health care facility is transferred to a
person who acquires such existing facility. In such case, the
certificate of need shall be valid for the person who acquires such
a facility and for the scope, location, cost, and service area
approved by the department. (b) A certificate of need shall be valid and effective for a period
of 12 months after it is issued, or such greater period of time as
may be specified by the department at the time the certificate of
need is issued. Within the effective period after the grant of a
certificate of need, the applicant of a proposed project shall
fulfill reasonable performance and scheduling requirements specified
by the department, by rule, to assure reasonable progress toward
timely completion of a project. (c) By rule, the department may provide for extension of the
effective period of a certificate of need when an applicant, by
petition, makes a good faith showing that the conditions to be
specified according to subsection (b) of this Code section will be
performed within the extended period and that the reasons for the
extension are beyond the control of the applicant. |