7 AAC 07.070. Decision by commissioner

(a) The decision of the commissioner to grant or deny a certificate of need will be made in writing in accordance with (c) of this section. In that decision, the commissioner will state, as applicable, the

(1) maximum expenditure that may be obligated for the proposed activity;

(2) bed capacity;

(3) approved capacity of other services that are expanded or added; and

(4) completion date for the proposed activity.

(b) The commissioner will consider the following in making a decision to grant or deny a certificate of need:

(1) the department's records, including the application under consideration;

(2) the department's analysis and recommendations submitted under 7 AAC 07.060;

(3) written public comments received before the deadline set in the notice published under 7 AAC 07.050;

(4) comments received at the public meeting held under 7 AAC 07.050;

(5) the applicable provisions of AS 18.07, AS 18.20.150 , this chapter, 7 AAC 12, and 7 AAC 43;

(6) relevant health planning documents on file with the department;

(7) any other special or extraordinary circumstances related to

(A) community access to health care, including the provision of a continuum of care in close proximity to family and community; or

(B) the feasibility of the proposed activity;

(8) whether, based on the department's analysis and recommendations, conditions should be added to the certificate of need, including specifying a minimum period during which an activity described in the certificate must be available in the proposed service area.

(c) The commissioner's decision under this section will be made in writing within 45 days after the commissioner receives the department's analysis and recommendations under 7 AAC 07.010, unless the commissioner

(1) requires additional information from the

(A) department staff who prepared the analysis and recommendations;

(B) department staff or other persons with expertise regarding the proposed activity; or

(2) finds that further analysis is required by the department before a final decision can be made.

(d) If the commissioner's decision is inconsistent with the analysis and recommendations submitted under 7 AAC 07.060, the commissioner will include a written statement of the reasons for the decision.

(e) The department will mail a copy of the commissioner's findings and decision to the applicant and will advise the applicant of the right to appeal the decision under 7 AAC 07.080.

(f) The department will

(1) provide a copy of the decision and findings to any person who requests a copy;

(2) publish notice of the commissioner's decision under 7 AAC 07.072; and

(3) send a copy of the notice by electronic mail, or, if the recipient has informed the department that it prefers to receive notice by mail or facsimile transmission, then the department will send notice by the chosen option, to each health care facility located in the proposed service area, to each person who has requested notification, and to each person that the department believes is interested in the decision.

(g) In a certificate of need granted and issued under this section, the commissioner will include

(1) the certificate holder's name;

(2) a description of the service to be provided;

(3) any conditions of approval that are considered necessary under (b)(8) of this section;

(4) the approved total cost of the project, if applicable; and

(5) the approved completion date.

(h) A certificate of need is valid only for the time specified in the original certificate or any time extension allowed under 7 AAC 07.095. Rights granted under a certificate of need do not continue after the activity authorized by the certificate of need is completed.

(i) Approval of a certificate of need does not imply any guarantee of federal, state, or private money, including Medicaid payments or grant awards, and does not imply any guarantee of profitability.

History: Eff. 10/26/77, Register 64; am 8/13/80, Register 75; am 8/14/2005, Register 175; am 1/11/2006, Register 177

Authority: AS 18.07.031

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