Michigan Compiled Laws
368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)
Section 333.22221 - Duties of Department Generally.

Sec. 22221.
The department shall do all of the following:
(a) Subject to approval by the commission, promulgate rules to implement its powers and duties under this part.
(b) Report to the commission at least annually on the performance of the department's duties under this part.
(c) Develop proposed certificate of need review standards for submission to the commission.
(d) Administer and apply certificate of need review standards. In the review of certificate of need applications, the department shall consider relevant written communications from any person.
(e) Designate adequate staff or other resources to directly assist hospitals and nursing homes with less than 100 beds in the preparation of applications for certificates of need.
(f) By October 1 of each year, report to the commission regarding the costs to the department of implementing this part and the certificate of need application fees collected under section 20161 in the immediately preceding state fiscal year.
(g) Annually adjust the $2,500,000.00 threshold set forth in section 22203(9) by an amount determined by the state treasurer to reflect the annual percentage change in the Consumer Price Index, using data from the immediately preceding period of July 1 to June 30. As used in this subdivision, "Consumer Price Index" means the most comprehensive index of consumer prices available for this state from the Bureau of Labor Statistics of the United States Department of Labor.
(h) Annually review the application process, including all forms, reports, and other materials that are required to be submitted with the application. If needed to promote administrative efficiency, revise the forms, reports, and any other materials required with the application.
(i) By October 1, 2003, create a consolidated application for a certificate of need for the relocation or replacement of an existing health facility.
(j) In consultation with the commission, define single project as it applies to capital expenditures.
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.