Michigan Compiled Laws
368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)
Section 333.22207 - Definitions; M to S.

Sec. 22207.
(1) "Medicaid" means the program for medical assistance administered by the department under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
(2) "Modernization" means an upgrading, alteration, or change in function of a part or all of the physical plant of a health facility. Modernization includes, but is not limited to, the alteration, repair, remodeling, and renovation of an existing building and initial fixed equipment and the replacement of obsolete fixed equipment in an existing building. Modernization of the physical plant does not include normal maintenance and operational expenses.
(3) "New construction" means construction of a health facility where a health facility does not exist or construction replacing or expanding an existing health facility or a part of an existing health facility.
(4) "Person" means that term as defined in section 1106 and includes a governmental entity.
(5) "Planning area" means the area defined in a certificate of need review standard for determining the need for, and the resource allocation of, a specific health facility, service, or equipment. Planning area includes, but is not limited to, this state, a health facility service area, or a health service area or subarea within this state.
(6) "Proposed project" means a proposal to acquire an existing health facility or begin operation of a new health facility, make a change in bed capacity, initiate, replace, or expand a covered clinical service, or make a covered capital expenditure.
(7) "Rural county" means a county not located in a metropolitan statistical area or micropolitan statistical areas as those terms are defined under the "standards for defining metropolitan and micropolitan statistical areas" by the Statistical and Science Policy Office of the Office of Information and Regulatory Affairs of the United States Office of Management and Budget, 65 FR p. 82227 to 82238 (December 27, 2000).
(8) "Stipulation" means a requirement that is germane to the proposed project and has been agreed to by an applicant as a condition of certificate of need approval.
History: Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 1993, Act 88, Imd. Eff. July 9, 1993 ;-- Am. 2002, Act 619, Eff. Mar. 31, 2003 ;-- Am. 2022, Act 265, Imd. Eff. Dec. 22, 2022 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.