Montana Code Annotated
Part 3. Certificate of Need
50-5-304. Review criteria, required findings, and standards

50-5-304. Review criteria, required findings, and standards. The department shall by rule promulgate and use, as appropriate, specific criteria for reviewing certificate of need applications under this chapter, including but not limited to the following considerations and required findings:
(1) the degree to which the proposal being reviewed:
(a) demonstrates that the service is needed by the population within the service area defined in the proposal;
(b) provides data that demonstrates the need for services contrary to the current state long-term care facilities plan, including but not limited to waiting lists, projected service volumes, differences in cost and quality of services, and availability of services; or
(c) is consistent with the current state long-term care facilities plan;
(2) the need that the population served or to be served by the proposal has for the services;
(3) the availability of less costly quality-equivalent or more effective alternative methods of providing the services;
(4) the immediate and long-term financial feasibility of the proposal as well as the probable impact of the proposal on the costs of and charges for providing long-term care services by the person proposing the service;
(5) the relationship and financial impact of the services proposed to be provided to the existing health care system of the area in which the services are proposed to be provided;
(6) the consistency of the proposal with joint planning efforts by health care providers in the area;
(7) the availability of resources, including health and management personnel and funds for capital and operating needs, for the provision of services proposed to be provided and the availability of alternative uses of the resources for the provision of other health services;
(8) the relationship, including the organizational relationship, of the long-term care services proposed to be provided to ancillary or support services;
(9) in the case of a construction project, the costs and methods of the proposed construction, including the costs and methods of energy provision, and the probable impact of the construction project reviewed on the costs of providing long-term care services by the person proposing the construction project;
(10) the distance, convenience, cost of transportation, and accessibility of services offered by long-term care facilities for persons who live outside urban areas in relation to the proposal; and
(11) in the case of a project to add long-term care facility beds:
(a) the need for the beds that takes into account the current and projected occupancy of long-term care beds in the community;
(b) the current and projected population over 65 years of age in the community; and
(c) other appropriate factors.
History: En. Sec. 170, Ch. 197, L. 1967; amd. Sec. 21, Ch. 366, L. 1969; amd. Sec. 2, Ch. 447, L. 1975; R.C.M. 1947, 69-5212(3), (4); amd. Sec. 14, Ch. 347, L. 1979; amd. Sec. 4, Ch. 329, L. 1983; amd. Sec. 4, Ch. 477, L. 1987; amd. Sec. 5, Ch. 398, L. 1995; amd. Sec. 6, Ch. 93, L. 1997; amd. Sec. 4, Ch. 477, L. 2021.