Michigan Compiled Laws
368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)
Section 333.22205 - Definitions; H to M.

Sec. 22205.
(1) "Health facility", except as otherwise provided in subsection (2), means:
(a) A hospital licensed under part 215.
(b) A psychiatric hospital or psychiatric unit licensed under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.
(c) A nursing home licensed under part 217 or a hospital long-term care unit as defined in section 20106(6).
(d) A freestanding surgical outpatient facility licensed under part 208.
(e) A health maintenance organization issued a license or certificate of authority in this state.
(2) "Health facility" does not include the following:
(a) An institution conducted by and for the adherents of a church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing.
(b) A health facility or agency located in a correctional institution.
(c) A veterans facility operated by the state or federal government.
(d) A facility owned and operated by the department of community health.
(3) "Initiate" means the offering of a covered clinical service that has not been offered in compliance with this part or former part 221 on a regular basis at that location within the 12-month period immediately preceding the date the covered clinical service will be offered.
(4) "Medical equipment" means a single equipment component or a related system of components that is used for clinical purposes.
History: Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 1993, Act 88, Imd. Eff. July 9, 1993 ;-- Am. 2000, Act 253, Imd. Eff. June 29, 2000 ;-- Am. 2002, Act 619, Eff. Mar. 31, 2003 Popular Name: Act 368

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 333 - Health

Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)

Article 17 - Facilities and Agencies (333.20101...333.22260)

368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)

Section 333.22201 - Meanings of Words and Phrases; Principles of Construction.

Section 333.22203 - Definitions; a to F.

Section 333.22205 - Definitions; H to M.

Section 333.22207 - Definitions; M to S.

Section 333.22208 - Definitions; T.

Section 333.22209 - Activities Requiring Certificate of Need; Exceptions; Requirements; Acquisition of Existing Health Facility; Relocation; “Sharing Agreement” Defined.

Section 333.22210 - Certificate of Need for Extended Care Services Program; Application; Criteria; Modification; Fee Prohibited; Compliance; Report; Discrimination Prohibited; Exercise of Rights; Written Acknowledgment; Forms; Additional Rights; Viol...

Section 333.22211 - Certificate of Need Commission; Creation; Appointment, Qualifications, and Terms of Members; Vacancy; Laws to Which Commission Members Subject.

Section 333.22213 - Commission; Bylaws; Removal of Member; Election of Chairperson and Vice-Chairperson; Meetings; Quorum; Final Action; Compensation and Expenses; Duties of Department; Professional Employees.

Section 333.22215 - Duties of Commission; Purpose; Public Hearing Before Final Action; Submission of Proposed Final Action to Joint Committee; Approval or Disapproval; Review Standards; Revision of Fees.

Section 333.22217 - Repealed. 2002, Act 619, Eff. Mar. 31, 2003.

Section 333.22219 - Joint Legislative Committee.

Section 333.22221 - Duties of Department Generally.

Section 333.22223 - Application for Certificate of Need; Statement Addressing Review Criteria.

Section 333.22224 - Certificate of Need Not Required.

Section 333.22224a - Magnetic Resonance Image Units.

Section 333.22224b - Positron Emission Tomography Scanner Services Pilot Project.

Section 333.22225 - Demonstration of Need for Proposed Project; Additional Requirements.

Section 333.22226 - Regional Certificate of Need Review Agency; Standards; Designation of Person for Specific Review Area; Requirements; Duration and Termination of Agency; Local Certificate of Need Review Agency; Application or Other Information; Re...

Section 333.22227 - Health Maintenance Organization; Purposes for Which Certificate of Need Required; Capital Expenditures; Considerations and Criteria.

Section 333.22229 - Projects and Services Subject to Comparative Review; Exceptions; Establishment of Comparative Review or Alternative Procedure; Proposed Site for Project; Utilization and Financing of Covered Clinical Services.

Section 333.22230 - Participation in Medicaid Program as Distinct Criterion.

Section 333.22231 - Decision to Grant or Deny Application for Certificate of Need; Conditions; Single Decision for All Applications; Proposed Decision; Final Decision; Notice of Reversal; Hearing; Judicial Review; Effect of Exceeding Time Frames.

Section 333.22232 - Hearing; Written Request; Appointment and Duties of Hearing Officer; Governing Law.

Section 333.22233 - Waiver of Criteria and Procedures.

Section 333.22235 - Waiver of Law and Procedural Requirements and Criteria for Review; Affidavit; Emergency Certificate of Need.

Section 333.22237 - Data and Statistics as Condition Precedent to Issuance of Certificate of Need.

Section 333.22239 - Stipulation.

Section 333.22241 - “New Technology” Defined; New Technology Review Period; Conditions to Acquisition of New Technology Before End of Review Period; Appointment, Composition, and Purpose of Standing New Medical Technology Advisory Committee.

Section 333.22243 - Acquisition of New Technology Before Approval of Federal Food and Drug Administration; Notice; Requirements; Deactivation and Removal of New Technology From Service; Conditions to Utilizing New Technology Beyond Specified Period.

Section 333.22247 - Monitoring Compliance With Certificates of Need; Investigating Allegations of Noncompliance; Violation; Sanctions; Refund of Charges.

Section 333.22249 - Agreement Authorizing Hospital to Lease Space and Operate Beds in Another Hospital; Conditions.

Section 333.22251 - Repealed. 1993, Act 88, Imd. Eff. July 9, 1993.

Section 333.22253 - Injunction or Other Process to Restrain or Prevent Violation.

Section 333.22255 - Procedural Rules.

Section 333.22257 - Certificate of Need Issued Under Former Part 221.

Section 333.22260 - Reports of Reviews; Preparation and Publication; Statements; Recommendations; Public Examination of Applications and Written Materials on File; Providing Copies.