Title 31, Chapter 6, Section 42
( 31-6-42)
(a) The written findings of fact and decision, with respect to the department's grant or denial of a certificate of need, shall be based on the applicable considerations specified in this Code section and reasonable rules promulgated by the department interpretive thereof. The department shall issue a certificate of need to each applicant whose application is consistent with the following considerations and such rules deemed applicable to a project, except as specified in subsection (d) of Code Section 31-6-43: (1) The proposed new institutional health services are reasonably
consistent with the relevant general goals and objectives of the
state health plan; (2) The population residing in the area served, or to be served,
by the new institutional health service has a need for such
services; (3) Existing alternatives for providing services in the service
area the same as the new institutional health service proposed are
neither currently available, implemented, similarly utilized, nor
capable of providing a less costly alternative, or no certificate
of need to provide such alternative services has been issued by
the department and is currently valid; (4) The project can be adequately financed and is, in the
immediate and long term, financially feasible; (5) The effects of new institutional health service on payors for
health services, including governmental payors, are not
unreasonable; (6) The costs and methods of a proposed construction project,
including the costs and methods of energy provision and
conservation, are reasonable and adequate for quality health care; (7) The new institutional health service proposed is reasonably
financially and physically accessible to the residents of the
proposed service area; (8) The proposed new institutional health service has a positive
relationship to the existing health care delivery system in the
service area; (9) The proposed new institutional health service encourages more
efficient utilization of the health care facility proposing such
service; (10) The proposed new institutional health service provides, or
would provide, a substantial portion of its services to
individuals not residing in its defined service area or the
adjacent service area; (11) The proposed new institutional health service conducts
biomedical or behavioral research projects or new service
development which is designed to meet a national, regional, or
state-wide need;
(12) The proposed new institutional health service meets the
clinical needs of health professional training programs which
request assistance; (13) The proposed new institutional health service fosters
improvements or innovations in the financing or delivery of health
services, promotes health care quality assurance or cost
effectiveness, or fosters competition that is shown to result in
lower patient costs without a loss of the quality of care; and (14) The proposed new institutional health service fosters the
special needs and circumstances of health maintenance
organizations. (b) In the case of applications for the development or offering of a
new institutional health service or health care facility for
osteopathic medicine, the need for such service or facility shall be
determined on the basis of the need and availability in the
community for osteopathic services and facilities in addition to the
considerations in subsection (a) of this Code section. Nothing in
this chapter shall, however, be construed as otherwise recognizing
any distinction between allopathic and osteopathic medicine. (c) If the denial of an application for a certificate of need for a
new institutional health service proposed to be offered or developed
by a: (1) Minority administered hospital facility serving a socially and
economically disadvantaged minority population in an urban
setting; or (2) Minority administered hospital facility utilized for the
training of minority medical practitioners would adversely impact upon the facility and population served by
said facility, the special needs of such hospital facility and the
population served by said facility for the new institutional health
service shall be given extraordinary consideration by the department
in making its determination of need as required by this Code
section. The department shall have the authority to vary or modify
strict adherence to the provisions of this chapter and the rules
enacted pursuant hereto in considering the special needs of such
facility and its population served and to avoid an adverse impact on
the facility and the population served thereby. For purposes of
this subsection, the term "minority administered hospital facility"
means a hospital controlled or operated by a governing body or
administrative staff composed predominantly of members of a minority
race. (d) For the purposes of the considerations contained in this Code
section and in the department's applicable rules, relevant data
which were unavailable or omitted when the state health plan or
rules were prepared or revised may be considered in the evaluation
of a project. (e) The department shall specify in its written findings of fact and
decision which of the considerations contained in this Code section
and the department's applicable rules are applicable to an
application and its reasoning as to and evidentiary support for its
evaluation of each such applicable consideration and rule. |