Sec. 22241.
(1) For purposes of this section and section 22243, "new technology" means medical equipment that requires, but has not yet been granted, the approval of the federal food and drug administration for commercial use.
(2) The period ending 12 months after the date of federal food and drug administration approval of new technology for commercial use shall be considered the new technology review period. A person shall not acquire new technology before the end of a new technology review period, unless 1 of the following occurs:
(a) The department, with the concurrence of the commission, issues a public notice that the new technology will not be added to the list of covered medical equipment during the new technology review period. The notice may apply to specific new technology or classes of new technology.
(b) The person complies with the requirements of section 22243.
(c) The commission approves the addition of the new technology to the list of covered medical equipment, and the person obtains a certificate of need for that covered medical equipment.
(3) To assist in the identification of new medical technology or new medical services that may be appropriate for inclusion as a covered clinical service in the earliest possible stage of its development, the commission shall appoint a standing new medical technology advisory committee. A majority of the new medical technology advisory committee shall be representatives of health care provider organizations concerned with licensed health facilities or licensed health professions and other persons knowledgeable in medical technology. The commission also shall appoint representatives of health care consumer, purchaser, and third party payer organizations to the committee. The commission shall also appoint faculty members from schools of medicine, osteopathy, and nursing in this state.
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 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.