10- 144 C.M.R. ch. 503, § 8-8 - Emergency Certificate of Need

Upon the written or oral request of an applicant, the Department shall immediately determine whether an emergency situation exists and upon finding that an emergency situation does exist shall issue a Certificate of Need for a project necessary on account of the emergency situation. The scope of the Certificate of Need may not exceed that which is necessary to remedy or otherwise effectively address the emergency situation. The Certificate of Need may be subject to conditions consistent with the purpose of this Act that do not interfere with the applicant's ability to respond effectively to the emergency.

The Commissioner shall find an emergency situation exists whenever the Commissioner finds that an applicant has demonstrated:

A. The necessity for immediate or temporary relief due to a natural disaster, a fire, an unforeseen safety consideration, a major accident, equipment failure, foreclosure, receivership or an action of the Department or other circumstances determined appropriate by the Department;

B. The serious adverse effect of delay on the applicant and the community that would be occasioned by compliance with the regular requirements of this chapter and the rules adopted by the Department; and

C. The lack of substantial change in the facility or services that existed before the emergency situation. 22 M.R.S.A. Sec.335(9).

Notes

10- 144 C.M.R. ch. 503, § 8-8