Sec. 22235.
(1) The department may waive otherwise applicable provisions of this part and procedural requirements and criteria for review upon a showing by the applicant, by affidavit, of all of the following:
(a) The necessity for immediate or temporary relief due to natural disaster, fire, unforeseen safety consideration, or other emergency circumstances.
(b) The serious adverse effect of delay on the applicant and the community that would be occasioned by compliance with the otherwise applicable requirements of this part and rules promulgated under this part.
(c) The lack of substantial change in facilities or services that existed before the emergency circumstances established under subdivision (a).
(d) The temporary nature of the construction of facilities or the services that will not preclude different disposition of longer term determinations in a subsequent application for a certificate of need not made under this section.
(2) The department may issue an emergency certificate of need after necessary and appropriate review. A record of the review shall be made, including copies of affidavits and other documentation. Findings and conclusions shall be made as to an application for an emergency certificate of need, whether the emergency certificate of need is issued or denied.
(3) An emergency certificate of need issued under this section is a final decision and the applicant is not required to submit a formal application for a second review. A certificate of need issued under this section may be subject to special limitations and restrictions, in regard to duration and right of extension or renewal and other factors, imposed by the department.
History: Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 2002, Act 619, Eff. Mar. 31, 2003 Popular Name: Act 368
Structure Michigan Compiled Laws
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Section 333.22217 - Repealed. 2002, Act 619, Eff.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 333.22230 - Participation in Medicaid Program as Distinct Criterion.
Section 333.22233 - Waiver of Criteria and Procedures.
Section 333.22237 - Data and Statistics as Condition Precedent to Issuance of Certificate of Need.
Section 333.22239 - Stipulation.
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.