Cal. Code Regs. Tit. 22, § 90906 - Review of Competing Applications

(a) When concurrently considering similar applications for certificates of need to serve substantially the same geographic area and population, the Office shall approve only the application or applications which most appropriately meet the needs of the area and population to be served. The Office may approve or disapprove all applications under consideration.

(b) The Office shall seek the cooperation of the applicants in reviewing and making determinations with respect to competing applications. The Office shall not unreasonably delay action on an application for a certificate of need and shall meet requirements of time imposed by statute and regulations unless parties to all affected applications have filed written waivers of time requirements in order to permit concurrent reviews and decisions. If an applicant refuses to waive time limitations, the testimony of any competing applicants shall be taken at the hearing.

(c) In determining which application or applications most appropriately meet the needs of the area and population to be served, the Office shall consider all relevant factors, including but not limited to the following:

(1) Location.

(2) Travel time and transportation costs.

(3) Medical feasibility of utilizing the proposed facilities or services or facility beds, taking into consideration the medical condition of the patients proposed to be served and other relevant information.

(4) Current utilization patterns.

(5) All applicable review criteria.

Notes

Cal. Code Regs. Tit. 22, § 90906

1. New section filed 9-8-77; effective thirtieth day thereafter (Register 77, No. 37).
2. Amendment filed 10-14-83; designated effective thirtieth day thereafter (Register 83, No. 42).

Note: Authority cited: Sections 437.6, 437.7, 437.8 and 437.9, Health and Safety Code. Reference: Sections 437.7, 437.8 and 437.9, Health and Safety Code.

1. New section filed 9-8-77; effective thirtieth day thereafter (Register 77, No. 37).
2. Amendment filed 10-14-83; designated effective thirtieth day thereafter (Register 83, No. 42).