3701-12-09 Certificate of need review and decision process.

(A) The director shall review applications for certificates of need which have been declared complete to determine whether a certificate should be granted. The director shall batch all applications to add long-term care beds for comparative review by county. Applications to relocate long-term care beds are not additions.

(B)(1) If the director does not receive an objection from an affected person. The director shall grant or deny all completed applications for certificates of need:

(a) No later than ninety days after the date of mailing of notice of completeness under paragraph (E) of rule 3701-12-08 of the Administrative Code: or

(b) To add long-term care beds:

(i) No later than ninety days after the batching period, if notice of completeness is mailed on or before the end of the batching period; or

(ii) No later than ninety days after the end of the next batching period, if notice of completeness is mailed after the batching period.

(2) The director or the applicant may extend the review period once, for no longer than thirty days, by written notice within thirty days after the mailing of the notice of completeness

An extension by the director shall apply to all applications in a comparative review. No applicant in a comparative review may extend the review period.

(C) The director may grant a certificate of need for all or part of a project that is the subject of the application.

(D) If the director does not grant or deny the certificate of need on or before the applicable deadline specified in paragraph (B) of this rule, the certificate shall be considered granted.

(E) The director shall mail notice of the decision on an application for a certificate of need to the applicant by certified mail and to other persons by ordinary mail upon request. The notice shall include a statement of the reasons for the decision, citations of the applicable provisions of the Revised Code and Administrative Code, and a description of the right to appeal the decision, in accordance with sections 3702.60 and 119.07 of the Revised Code.

R.C. 119.032 review dates: 07/28/2004 and 07/01/2009

Promulgated Under: 119.03

Statutory Authority: 3702.52, 3702.57

Rule Amplifies: 3702.52

Prior Effective Dates: 12/21/1982 (Emer.), 3/19/83, 7/23/87 (Emer.), 10/12/87, 5/16/88, 8/3/90, 5/20/91, 9/6/99