Or. Admin. R. 333-575-0000 - Monitoring of Implementation, Completion and Project Changes Subsequent to Approval
(1) The Public
Health Division shall require reporting by the applicant necessary and
sufficient to monitor the project to assure that it conforms to the certificate
of need as issued by the division.
(2) The division shall require reporting by
the applicant, not less often than once every three months of the project's
progress following date of the certificate of need issuance (until the project
is complete). Reporting required by this section shall be on Form SIM-1. Any
applicant who fails to provide such reports for one year shall be deemed to
have abandoned its certificate of need for the project, provided that the
division has requested such reports in writing.
(3) A change of size or type in any of the
items in section (4) of this rule, from that specified in the certificate of
need shall be reported by the applicant to the division not later than 15 days
prior to the change, and shall be approved or denied in advance of the change
by the division. Such reporting shall be on Forms SIM-1 and SIM-2 which shall
be obtained from the division as needed.
(4) Items in which a change in subject to
advance reporting in accordance with section (3) of this rule are:
(a) Change of site, or significant changes in
location of the project on the site;
(b) General arrangement or relocation of
department areas or other sections within the project;
(c) An increase or decrease of ten percent or
more in allocated space for the project;
(d) Number of beds;
(e) Increase or decrease of potential bed
capacity (shelled-in or finished space for beds);
(f) Modifications of lease or purchase
agreements unless the changes will increase or decrease cost of the least or
purchase agreements by less than ten percent (reported according to accepted
accounting principles); or new lease or purchase agreements (reported according
to accepted accounting principles);
(g) Project costs or construction cost
increase or decrease in excess of ten percent of the approved totals;
(h) Project completion dates later than 90
days after the approved project schedule contained in the
application;
(i) Financing term,
interest rate on borrowings, amount of borrowings, balloon payments, or loan
fees if these changes singly or in combination will result in cost or charge
increase of ten percent or more in the total cost of the project including
interest or in charges to the patient;
(j) The addition of a new health service or
expenditure which was not specified in the application or order issuing the
certificate of need; or
(k) Changes
in the applicant's corporate status or ownership (except stock transfers),
including but not limited to development of a joint venture or partnership as a
part of the implementation of the project.
(5) When a project is found to have
substantially exceeded the scope of an approved certificate of need, as defined
in section (4) of this rule, and the division has not approved the project
changes or cost overrun, or both, the division may institute proceedings in the
circuit courts to enforce obedience to the certificate of need order issued by
the division, as provided in ORS 442.315(6) and (10).
(6) For any projects that involve remodeling
or new construction, the applicant shall provide written notification to the
division of the date the project is to be occupied for service.
(7) Before construction, remodeling or
modernization begins, the applicant shall submit to the division the final
architectural plans of the project, as required by Division 675 of this
Chapter.
(8) Upon completion of the
project for which a certificate of need was issued, the applicant shall report
to the division actual final capital expenditures as a revision of Form CN-3 of
the application form and total project cost including interest as a revision of
Form CN-4.
(9) Upon completion of a
project, as indicated by submission to the division of correctly completed
Forms SIM-1, CN-3, and CN-4, the division shall respond within 30 days with a
statement acknowledging that the project is complete. The division shall also
either acknowledge that the project is within the scope of the approved
certificate of need and any approved changes to the certificate of need or
shall indicate areas that are not within the scope of the approved certificate
of need. If the project is not within the scope of the approved certificate of
need, the division may seek an injunction from the circuit courts or other
action to enforce obedience to the certificate of need order, as provided in
ORS 442.315(6) and (10). The division's monitoring of projects, and the
requirements that the applicant report to division concerning projects,
terminate at the time a project is completed.
(10) A project is considered to be completed
on the date that the new service, area, facility, or equipment begins to treat
patients. The certificate of need shall be considered to have expired at the
time that the project for which it was issued is
completed.
Notes
The Forms referenced are available from the agency.
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) & 442.315
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