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Deadline For Public Comment

Deadline: Oct 29, 2012

The deadline for public comment has expired. Contact the agency or primary contact person listed below for assistance.

Rule Details

Rule Number: 12P048
Title: Rule 4.000: Certificate of Need
Type: Standard
Status: Adopted
Agency: Green Mountain Care Board
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

Hearing Information

Information for Hearing # 1
Hearing date:
10-22-2012 10:00 AM   
Location: Department of Financial Regulation Large Conference Room
Address: 89 Main Street, 3d. Floor
City: Montpelier
State: VT
Zip: 05620-3101
Hearing Notes:

Contact Information

Information for Contact # 1
Level: Primary    
Name: Michael Donofrio, General Counsel    
Agency: Green Mountain Care Board    
Address: 89 Main Street, 3rd Floor    
City: Montpelier    
State: VT    
Zip: 05620-3101    
Telephone: 802-828-4892    
Website Address:
Information for Contact # 2
Level: Secondary    
Name: Janet Richard    
Agency: Green Mountain Care Board    
Address: 89 Main Street, 3rd Floor    
City: Montpelier    
State: VT    
Zip: 05620    
Telephone: 802-828-2901    

Keyword Information


certificate of need
health care project
new health care project
Green Mountain Care Board
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