(A) Reviewable activities. The following activities are reviewable activities which shall not be conducted without a valid certificate of need.
(1) The establishment, development, or construction of a new long-term care facility.
(2) The replacement of an existing long-term care facility.
(3) The renovation of a long-term care facility that involves a capital expenditure of two million dollars or more, not including expenditures for equipment, staffing, or operational costs.
(4) Either of the following changes in long-term care bed capacity:
(a) An increase in bed capacity; or
(b) A relocation of beds from one physical facility or site to another, excluding the relocation of beds within a long-term care facility or among buildings of a long-term care facility at the same sitet jsf
(5) Any change in the health services, bed capacity, or site, or any other failure to conduct the reviewable activity in substantial accordance with the approved application for which a certificate of need concerning long-term care beds was granted, if the change is made within five years after the implementation of the reviewable activity for which the certificate was granted^
(6) The expenditure of more than one hundred ten per cent of the maximum expenditure specified in a certificate of need concerning long-term care beds.
(B) Nonreviewable activities. Activities that are not described in paragraph (A) of this rule generally are not reviewable activities. Only a project or the portion of a project that meets the requirements of this paragraph is not a reviewable activity. The following activities are not reviewable activities:
(1) Acquisition of computer hardware or software;
(2) Acquisition of a telephone system;
(3) Construction or acquisition of parking facilities;
(4) Correction of cited deficiencies that are in violation of federal, state or local fire, building or safety laws or rules and that constitute an imminent threat to public health or safety;
(5) Acquisition of an existing health care facility that does not involve a change in the number of beds, by service, or in the number or type of health services;
(6) Correction of cited deficiencies identified by accreditation surveys of the "Joint Commission" or the "American Osteopathic Association";
(7) Acquisition of medical equipment to replace the same or similar equipment for which a certificate of need has been issued if the replaced equipment is removed from service;
(8) Mergers, consolidations or other corporate reorganizations of existing health care facilities that do not involve a change in the number of beds, by service, or in the number or type of health services;
(9) Construction, repair or renovation of bathroom facilities;
(10) Construction of laundry facilities, waste disposal facilities, dietary department projects, heating and air conditioning projects, administrative offices and portions of medical office buildings used exclusively for physician services;
(11) Acquisition of medical equipment to conduct research required by the United States food and drug administration or clinical trials sponsored by the national institutes of health; and
(12) Removal of asbestos from a health care facility.
R.C. 119.032 review dates: 12/10/2009 and 03/01/2015
Promulgated Under: 119.03
Statutory Authority: 3 702.5 7
Rule Amplifies: 3702.51, 3702.52, 3702.522, 3702.524, 3702.525, 3702.526, 3702.5212, 3702.53, 3702.57, 3702.59, 3702.592, 3702.593, 3702.594, 3702.60
Prior Effective Dates: 12/21/1982 (Emer.), 3/19/83, 7/23/87 (Emer.), 10/12/87, 4/4/88, 3/29/90 (Emer.), 6/23/90, 9/6/99, 9/27/07