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
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.