Bill Summary for H 83 (2013-2014)
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| View NCGA Bill Details | 2013-2014 Session |
A BILL TO BE ENTITLED AN ACT TO ELIMINATE THE MONETARY THRESHOLD FOR EXPEDITED CERTIFICATE OF NEED REVIEW; TO INCREASE THE MONETARY THRESHOLDS TRIGGERING CERTIFICATE OF NEED REVIEW FOR CAPITAL EXPENDITURES AND THE PURCHASE OF MAJOR MEDICAL EQUIPMENT; TO EXEMPT REPLACEMENT EQUIPMENT FROM CERTIFICATE OF NEED REVIEW REGARDLESS OF COST; TO REQUIRE AFFECTED PERSONS SEEKING TO FILE A PETITION FOR A CONTESTED CASE OR AN APPEAL CHALLENGING CERTIFICATE OF NEED APPROVAL TO DEPOSIT A SEPARATE BOND FOR EACH APPROVED APPLICATION THAT IS THE SUBJECT OF THE PETITION OR APPEAL, TO INCREASE THE AMOUNT OF THE MAXIMUM BOND REQUIREMENT, AND TO GIVE THE COURT OF APPEALS GREATER DISCRETION IN IMPOSING A HIGHER BOND AMOUNT; AND TO REQUIRE THE COURT TO AWARD COSTS AND REASONABLE ATTORNEY FEES TO ANY CERTIFICATE OF NEED APPLICANT WHOSE APPROVED NEW INSTITUTIONAL HEALTH SERVICE IS THE SUBJECT OF A CONTESTED CASE PETITION DETERMINED TO BE FRIVOLOUS OR FILED TO DELAY THE APPLICANT.Intro. by Torbett, Glazier, Collins.
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Bill 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.