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(a) A person may submit a written request for a determination as to whether the requirements of AS 18.07 and this chapter are applicable to an activity if that person is uncertain whether
(1) the total cost for an expenditure for an activity listed in AS 18.07.031 (a)(1)-(3) will meet or exceed the expenditure threshold set in AS 18.07.031 ;
(2) the activity constitutes a conversion to a nursing home under AS 18.07.031 (b);
(3) the expenditure would be considered a cost associated with
(A) routine maintenance; or
(B) routine replacement of equipment; or
(4) the facility involved in the activity is a health care facility.
(b) A request for determination must contain
(1) a clear, complete, and current description of the proposed activity, including a description of each component of the activity proposed to be undertaken;
(2) a certified estimate of the total cost of each proposed component of the activity listed in 7 AAC 07.010(a) , as applicable, for the entire activity; and
(3) an estimated starting date and completion date for the proposed activity.
(c) Subject to (e) of this section, within 20 days after receiving a request for determination, the department will send the requester a written determination, stating whether the proposed activity is subject to AS 18.07 and this chapter, and including the reasons for the determination. The department will publish notice of its decision under 7 AAC 07.032.
(d) If the department determines that the proposed activity is subject to AS 18.07 and this chapter, the department will
(1) include the appropriate certificate of need application packet with its determination; and
(2) state in the determination that
(A) an application must be submitted as required under 7 AAC 07.040 if the person intends to proceed with the activity; and
(B) the requester may seek reconsideration of the department's determination under 7 AAC 07.033, or may appeal that determination under 7 AAC 07.080.
(e) If, within the review period under (c) of this section, the department requires additional information to make its determination, the department will send a written request for the additional information to the requester. If the department requests additional information, the department will send its determination described in (c) of this section within 20 days after receiving the additional information.
(f) If, after the department determines that a certificate of need is not required, and before construction begins, the person finds that the cost of the activity will meet or exceed the expenditure threshold set by AS 18.07.031 , or that the activity or facility is otherwise subject to AS 18.07 and this chapter, the person shall submit an application under 7 AAC 07.040.
History: Eff. 8/14/2005, Register 175
Authority: AS 18.07.031
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Last modified 7/05/2006