House committee substitute the 2nd edition makes the following changes. Deletes the proposed amendment to GS 131E-176(14o), which increased the threshold amount for major medical equipment requiring CON review from $750,000 to $1.5 million.
Summary date: May 2 2013 - View summary
Summary date: Mar 19 2013 - View summary
House Committee Substitute makes the following changes to the 1st edition.
Deletes the clause that "the proponent proposes to spend $5 million or more" from the list of circumstances that trigger a public hearing from GS 131E-185(a1)(2) for a certificate of need.
Makes clarifying and technical changes to GS 131E-176(16)b. Excludes the cost of replacement equipment from counting towards capital expenditure threshold.
Amends GS 131E-176(22a), providing that the term comparable medical equipment is considered as defined by 10A NCAC 14C .0303(c). Also excludes the cost of replacement equipment from consideration as a new institutional health service.
Amends GS 131E-188(a1) and (b1), making technical corrections and clarifying changes.
Makes conforming changes to long title.
Summary date: Feb 7 2013 - View summary
As title indicates. Amends GS 131E-176 in the following ways. Deletes requirement that proposed capital expenditure be less than $5 million for expedited certificate of need (CON) review. Increases threshold amount for major medical equipment requiring CON review from $750,000 to $1.5 million. Increases the capital expenditure threshold amount for new institutional health services requiring CON review from $2 million to $4 million. Exempts replacement equipment from CON review regardless of cost (previously exempted replacement equipment costing less than $2 million).
Amends GS 131E-188 to require a separate bond for each approved CON application that is the subject of a contested case petition or appeal. Increases the maximum bond amount from $50,000 to $100,000. Requires the court to award the CON applicant attorney fees and costs after finding that the petition for a contested case was frivolous or filed to delay. Grants court of appeals discretion to establish a higher bond amount (previously could not exceed $300,000). Makes technical corrections.
Makes conforming changes.
Effective October 1, 2013, and applies to CON applications, contested case petitions, and appeals filed on or after that date.