NC Register Volume 16 Issue 15 - Office of Administrative Hearings

quarter of the third year of operation following completion of theproject, to be:(1) 75 percent for facilities with a total of 1-15intensive treatment beds and detoxificationbeds; or(2) 85 percent for facilities with a total of 16 ormore intensive treatment beds anddetoxification beds.(c) An applicant proposing to add detoxification beds to anexisting facility that includes only detoxification beds shall notbe approved unless the overall occupancy of the total number ofdetoxification beds in the facility has been at least 75 percent forthe nine months immediately preceding the submittal of theapplication.(d) An applicant proposing to establish a new detoxificationfacility or add detoxification beds to an existing facility thatincludes only detoxification beds shall demonstrate that theoverall occupancy of the total number of detoxification beds inthe facility is reasonably projected to be 75 percent by the fourthquarter of the third year of operation following completion of theproject.(e) The applicant shall document the specific methodology andassumptions by which occupancies are projected, including theaverage length of stay and anticipated recidivism rate.History Note: Authority G.S. 131E-177(1); 131E-183(b);Eff. November 1, 1996;Temporary Amendment Eff. January 1, 2002.SECTION .2700 - CRITERIA AND STANDARDS FORMAGNETIC RESONANCE IMAGING SCANNER10 NCAC 03R .2713 DEFINITIONSThe following definitions shall apply to all rules in this Section:(1) "Approved MRI scanner" means an MRIscanner which was not operational prior to thebeginning of the review period but which hadbeen issued a certificate of need.(2) "Existing MRI scanner" means an MRIscanner in operation prior to the beginning ofthe review period.(3) "Magnetic Resonance Imaging" (MRI) meansa non-invasive diagnostic modality in whichelectronic equipment is used to createtomographic images of body structure. TheMRI scanner exposes the target area tononionizing magnetic energy and radiofrequency fields, focusing on the nuclei ofatoms such as hydrogen in the body tissue.Response of selected nuclei to this stimulus istranslated into images for evaluation by thephysician.(4) "Magnetic resonance imaging scanner" (MRIScanner) is defined in G.S. 131E-176(14e),and includes dedicated fixed breast MRIscanners.(5) "Mobile MRI scanner" means an MRI scannerand transporting equipment which is moved atleast weekly to provide services at two or morehost facilities.TEMPORARY RULES16:15 NORTH CAROLINA REGISTER February 1, 20021684(6) "MRI procedure" means a single discrete MRIstudy of one patient.(7) "MRI service area" means the MagneticResonance Imaging Planning Areas, as definedin the applicable State Medical Facilities Planwhich are the same for both mobile and fixedMRI scanners.(8) "MRI study" means one or more scans relativeto a single diagnosis or symptom.History Note: Authority G.S. 131E-177(1); 131E-183(b);Temporary Adoption Eff. September 1, 1993 for a period of 180days or until the permanent rule becomes effective, whichever issooner;Eff. February 1, 1994;Temporary Amendment Eff. January 1, 1999;Temporary Eff. January 1, 1999 Expired on October 12, 1999;Temporary Amendment Eff. January 1, 2000;Temporary Amendment effective January 1, 2000 amends andreplaces a permanent rulemaking originally proposed to beeffective August 2000;Temporary Amendment Eff. January 1, 2001;Temporary Amendment effective January 1, 2001 amends andreplaces a permanent rulemaking originally proposed to beeffective April 1, 2001;Temporary Amendment Eff. January 1, 2002;Temporary Amendment effective January 1, 2002 amends andreplaces a permanent rulemaking originally proposed to beeffective August 1, 2002.10 NCAC 03R .2714 INFORMATION REQUIRED OFAPPLICANT(a) An applicant proposing to acquire an MRI scanner,including a Mobile MRI scanner, shall use the Acute CareFacility/Medical Equipment application form.(b) An applicant proposing to acquire a magnetic resonanceimaging scanner, including a mobile MRI scanner, shall alsoprovide the following additional information:(1) documentation that the MRI scanner shall beavailable and staffed for use at least 66 hoursper week, with the exception of a mobile MRIscanner;(2) projections of the annual number ofprocedures to be performed by type of serviceand the average charge for each proposedprocedure for each of the first three years ofoperation after completion of the project. Thisinformation shall be provided separately foreach proposed host facility if the applicationproposes the acquisition of a mobile MRIscanner;(3) documentation of the need for an additionalMRI scanner in the proposed MRI service areaand description of the methodology used toproject need, including all assumptionsregarding the population to be served;(4) documentation that the proposed MRI scanner,including a mobile MRI scanner, shall haveaffiliation agreements or referral agreementswith respect to the following diagnosticmodalities: