ENACT CON COMMITTEE RECOMMENDATIONS.

View NCGA Bill Details2013-2014 Session
House Bill 83 (Public) Filed Thursday, February 7, 2013
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.

Status: Re-ref Com On Appropriations (House Action) (May 2 2013)

SOG comments (1):

Long title change

The committee substitute to the 1st edition changes the long title.

The original title was: 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, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON CERTIFICATE OF NEED PROCESS AND RELATED HOSPITAL ISSUES.

H 83

Bill Summaries:

  • Summary date: May 2 2013 - More information

    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: Mar 19 2013 - More information

    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 - More information

    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. 


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