| Rule Number: |
12P048 |
| Title: |
Rule 4.000: Certificate of Need |
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Type:
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Standard |
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Status:
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Adopted |
| Agency: |
Green Mountain Care Board
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| Legal Authority: |
18 V.S.A. § 9375(b)(8), 9380, 9431(b), and 9433; Act No. 171 (2011 adj. sess.) § 40a. |
| Summary:
| Under current Vermont law, the Department of Financial Regulation (Department) administers the certificate of need (CON) process by reviewing the application of health care facilities for new health care projects and issuing or denying CONs for these projects. The Green Mountain Care Board
(GMCB) will acquire sole jurisdiction over all applications for new CONs and over the administration of all existing CONs on January 1, 2013. See 18 V.S.A. §§ 9375(b)(8), 9431(B), and 9433, as amended by Act No. 171 (2011 adj. sess.),
§§ 12, 15, and 42(h). To its statutory obligation, the GMCB proposes adopting this rule to set forth the process by which new CON applications will be reviewed and approved, approved with conditions or denied. |
| Persons Affected:
| The proposed rule governs the process by which the GMCB reviews and approves, approves with conditions, or denies CON applications for new health care projects to be developed in Vermont. Hospitals and other health care facilities, as defined by 18 V.S.A. § 9432(8) and subject to
exclusion set forth in 18 V.S.A. § 9435, are directly affected by this rule since each must obtain a CON issued by the GMCB before developing any new health care project as defined by 18 V.S.A. § 9434(a) and (b). Competing applicants and persons or organizations seeking interested person or amicus curiae status in a CON review are also affected by the proposed rule. Finally, patients of the regulated facilities may also be affected. The proposed rule does not af |
| Economic Impact:
| The process set forth in the rule is intended to
contain costs and meet public needs by preventing unnecessary duplication and ensuring equitable allocation of health care facilities and services. The process will be accomplished with existing personnel and resources, and under Act 171, the GMCB will collect the statutory application fees. The rule will directly impact those entities required by statute (other than those excluded
under 18 V.S.A. § 9435) to obtain a CON before developing (including obligating funds toward) any new health care project. Persons or organizations seeking amicus curiae or interested person status may be impacted where they have financial, business, or other substantive interests in a project under review. Patie |
| Posting date: |
Sep 19,2012 |
| Information for Contact # 1 |
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Level:
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Primary
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| Name: |
Michael Donofrio, General Counsel |
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Agency:
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Green Mountain Care Board
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| Address: |
89 Main Street, 3rd Floor |
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| City: |
Montpelier |
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| State: |
VT |
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| Zip: |
05620-3101 |
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| Telephone: |
802-828-4892 |
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| Fax: |
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Email: |
Michael.Donofrio@state.vt.us
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| Website Address: |
http://gmcboard.vermont.gov/rules
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| Information for Contact # 2 |
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Level:
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Secondary
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| Name: |
Janet Richard |
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Agency:
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Green Mountain Care Board
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| Address: |
89 Main Street, 3rd Floor |
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| City: |
Montpelier |
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| State: |
VT |
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| Zip: |
05620 |
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| Telephone: |
802-828-2901 |
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| Fax: |
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Email: |
janet.richard@state.vt.us
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