3702.529 Nonreviewability rulings prior to 4-20-95.

(A) A person granted a nonreviewability ruling prior to April 20, 1995, may implement the activity for which the ruling was issued in accordance with the information provided to the director of health in the request for the ruling, notwithstanding the amendments to sections 3702.51 to 3702.62 of the Revised Code by Amended Substitute Senate Bill No. 50 and Amended Substitute Senate Bill No. 156, both of the 121st general assembly. A person granted a certificate of need or nonreviewability ruling prior to that date is not required to file a notice of intent under section 3702.581 of the Revised Code, as that section existed prior to the effective date of this amendment, with respect to the activity for which the certificate or ruling was issued.

(B) A certificate of need is not required for any person to add a cardiac catheterization laboratory to an existing cardiac catheterization service, as described in division (R)(11) of section 3702.51 of the Revised Code, if the person, prior to June 30, 1995, filed a notice of intent under section 3702.581 of the Revised Code, as that section existed prior to the effective date of this amendment, to do so. However, the exemption provided by this division expires six months after June 30, 1995, unless the person has taken action to implement the addition by taking the applicable action listed in divisions (A)(1) to (6) of section 3702.525 of the Revised Code and provides the director with written documentation that action has been taken.

(C) The director shall issue a reviewability ruling, in accordance with the version of section 3702.528 of the Revised Code in effect immediately prior to June 30, 1995, to any hospital that requested one prior to that date concerning a relocation of any of the following to another hospital in the same or a different metropolitan statistical area:

(1) Obstetric or newborn care beds registered under section 3701.07 of the Revised Code as level II or III beds;

(2) Pediatric intensive care beds;

(3) A health service specified in division (R)(1) of section 3702.51 of the Revised Code.

A certificate of need is not required to conduct such a relocation for which the director has issued a nonreviewability ruling. However, the exemption provided by this division expires six months after June 30, 1995, unless the hospital has taken action to implement the relocation by taking the applicable action listed in divisions (A)(1) to (6) of section 3702.525 of the Revised Code and provides the director with written documentation that action has been taken.

The director shall not issue a reviewability ruling requested under the previous version of section 3702.528 of the Revised Code concerning a relocation of long-term care beds.

(D) A certificate of need is not required to relocate existing health services from one hospital to another, as described in division (T) of the version of section 3702.51 of the Revised Code in effect immediately prior to June 30, 1995, if the hospitals filed the notice of intent required by division (T)(2) of that version prior to June 30, 1995, and comply with divisions (T)(1) and (T)(3) to (6) of that version.

Effective Date: 09-26-2003