§323D-45 Subarea council, review panel, and statewide council recommendations for issuance or denial of certificates of need. (a) Except for an administrative review as provided in section 323D-44.5, or in an emergency situation or other unusual circumstances as provided in section 323D-44(c), the state agency shall refer every application for a certificate of need to the appropriate subarea council or councils, the review panel, and the statewide council. The subarea council and the review panel shall consider all relevant data and information submitted by the state agency, subarea councils, other areawide or local bodies, and the applicant, and may request from them additional data and information. The review panel shall consider each application at a public meeting and shall submit its recommendations with findings to the statewide council. The statewide council shall consider the recommendation of the review panel at a public meeting and shall submit its recommendations to the state agency within such time as the state agency prescribes. The statewide council and the review panel may join together to hear or consider simultaneously information related to an application for a certificate of need.
(b) At a public meeting in which a subarea council or the review panel considers an application for a certificate of need, any person shall have the right to be represented by counsel and to present oral or written arguments and evidence relevant to the application; any person directly affected by the application may conduct reasonable questioning of persons who make factual allegations relevant to the application; any staff member of the state agency may conduct reasonable questioning of persons who make factual allegations relevant to the application; and a record of the meeting shall be kept. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L 1980, c 75, §14; am L 1984, c 267, §11; am L 1987, c 270, §12]
Structure Hawaii Revised Statutes
323D. Health Planning and Resources Development and Health Care Cost Control
323D-11 State health planning and development agency.
323D-12 Health planning and development functions; state agency.
323D-12.6 State health planning and development special fund; created; deposits; expenditures; fees.
323D-13 Statewide health coordinating council.
323D-13.5 Disqualification from position or membership.
323D-14 Functions; statewide health coordinating council.
323D-15 State health services and facilities plan.
323D-17 Public hearings required.
323D-18 Information required of providers.
323D-18.6 Confidentiality of information.
323D-21 Subarea health planning councils, established.
323D-23 OLD REPEALED. §323D-23 Subarea health planning councils, composition, appointment.
323D-44 Applications for certificates of need.
323D-44.5 Administrative review of certain applications for certificate of need.
323D-44.6 Review of certain applications for certificate of need; waiver.
323D-44.7 Monitoring of approved certificates of need.
323D-45.1 Ex parte contacts prohibited.
323D-45.3 Approval of applications required to meet safety, licensure, or accreditation standards.
323D-46 Conditional certification.
323D-46.2 Withdrawal of a certificate of need.
323D-47 Request for reconsideration.
323D-48 Judicial review of state agency decisions.
323D-49 Certificates of need; licenses and permits.
323D-50 Certificates of need, penalties.
323D-53 Periodic reports from health facilities.
323D-54 Exemptions from certificate of need requirements.
323D-72 Acquisition of hospital.
323D-75 Review; decision; rules.
323D-76 Acquisition in the public interest; decision of attorney general.
323D-77 Acquisition; decision by agency.