23-15-6. Procedures for review.

(ii) In the case of any proposed new institutional health service for the provision of health

services to inpatients, a state agency shall not make a finding that the proposed new institutional

health service is needed, unless it makes written findings recommendations as to:

(A) The efficiency and appropriateness of the use of existing inpatient facilities providing

inpatient services similar to those proposed;

(B) The capital and operating costs (and their potential impact on patient charges),

efficiency, and appropriateness of the proposed new institutional health services; and

(C) Makes each of the following findings in writing:

(I) That superior alternatives to inpatient services in terms of cost, efficiency, and

appropriateness do not exist and that the development of alternatives is not practicable;

(II) That, in the case of new construction, alternatives to new construction (e.g.,

modernization or sharing arrangements) have been considered and implemented to the maximum

extent practicable;

(III) That patients will experience serious problems in terms of costs, availability, or

accessibility, or any other problems that may be identified by the state agency, in obtaining inpatient

care of the type proposed in the absence of the proposed new service; and

(IV) That, in the case of a proposal for the addition of beds for the provision of skilled

nursing or intermediate care, the relationship of the addition to the plans of other agencies of the

state responsible for providing and financing long-term care (including home health services) has

been considered.

(7) (5) Provision for the distribution of the decision of the state agency department ,

including its findings and recommendations, to the applicant and to affected persons.

(8) (6) Provision that the state agency department may approve or disapprove in whole or

in part any application as submitted, but that the parties may mutually agree to a modification of

any element of an application as submitted, without requiring resubmission of the application.

(9) (7) (i) Provision that any person affected may request in writing reconsideration of a

state agency decision if the person:

(A) Presents significant relevant information not previously considered by the state agency;

(B) Demonstrates that there have been significant changes in factors or circumstances

relied upon by the state agency in reaching its decision;

(C) Demonstrates that the state agency has materially failed to follow its adopted

procedures in reaching its decision; or

(D) Provides any other basis for reconsideration that the state agency may have determined

by regulation to constitute good cause.

(ii) Procedures for reconsideration shall be established in regulations promulgated by the

state agency department with the advice of the health services council.

(10) (8) Provision that upon the request of any affected person, the decision of the state

agency to issue, deny, or withdraw a certificate of need or to grant or deny an exemption shall be

administratively reviewed under an appeals mechanism provided for in the rules and regulations of

the state agency, with the review to be conducted by a hearing officer appointed by the director of

health. The procedures for judicial review shall be in accordance with the provisions of § 42-35-

15. Provision for appeal by the applicant of the department's decision in accordance with § 42-35-

15.1(a).

(c) The state agency department shall publish at least annually a report of reviews of new

institutional health services and new health care equipment conducted, together with the findings

and decisions rendered in the course of the reviews. The reports shall be published on or about

4 February 1 of each year and shall contain evaluations of the prior year’s statutory changes where

feasible.

(d) All applications reviewed by the state agency department and all written materials

pertinent to state agency the department's review, including minutes of all health services council

meetings, shall be accessible to the public upon request.

(e) In the case or review of proposals by health care facilities who by contractual

agreement, chapter 19 of title 27, or other statute are required to adhere to an annual schedule of

budget or reimbursement determination to which the state is a party, the state budget office, the

office of the health insurance commissioner, and hospital service corporations organized under

chapter 19 of title 27 shall forward to the health services council within forty-five (45) days of the

initiation of the review of the proposals by the health services council under § 23-15-4(f)(1):

(1) A cost impact analysis of each proposal which analysis shall include, but not be limited

to, consideration of increases in operating expenses, per diem rates, health care insurance

premiums, and public expenditures; and

(2) Comments on acceptable interest rates and minimum equity contributions and/or

maximum debt to be incurred in financing needed proposals.

(f) The health services council shall not make a recommendation to the state agency that a

proposal be approved unless it is found that the proposal is affordable to the people of the state. In

determining whether or not a proposal is affordable, the health service council shall consider the

condition of the state’s economy, the statements of authorities and/or parties affected by the

proposals, and any other factors that it may deem appropriate.