NC Register Volume 16 Issue 15 - Office of Administrative Hearings

the multi-county groupings as defined in 10 NCAC 03R.6353(f).(f) A nursing care bed's service area is the nursing care bedplanning area in which the bed is located. Each of the 100counties in the State is a separate nursing care bed planning area.(g) A Medicare-certified home health agency office's servicearea is the Medicare-certified home health agency officeplanning area in which the office is located. Each of the 100counties in the State is a separate Medicare-certified home healthagency office planning area.(h) A dialysis station's service area is the dialysis stationplanning area in which the dialysis station is located. Each ofthe 100 counties in the State is a separate dialysis stationplanning area.(i) A hospice's service area is the hospice planning area inwhich the hospice is located. Each of the 100 counties in theState is a separate hospice planning area.(j) A hospice inpatient facility bed's service area is the hospiceinpatient facility bed planning area in which the bed is located.Each of the 100 counties in the State is a separate hospiceinpatient facility bed planning area.(k) A psychiatric bed's service area is the psychiatric bedplanning area in which the bed is located. The psychiatric bedplanning areas are the Mental Health Planning Regions whichare defined in 10 NCAC 03R .6353(c).(l) With the exception of chemical dependency (substanceabuse) detoxification-only beds, a chemical dependencytreatment bed’s service area is the chemical dependencytreatment bed planning area in which the bed is located. Thechemical dependency (substance abuse) treatment bed planningareas are the Mental Health Planning Regions which are definedin 10 NCAC 03R .6353(c).(m) A chemical dependency detoxification-only bed's servicearea is the chemical dependency detoxification-only bedplanning area in which the bed is located. The chemicaldependency (substance abuse) detoxification-only bed planningareas are the Mental Health Planning Areas which are defined in10 NCAC 03R .6353(b).(n) An intermediate care bed for the mentally retarded's servicearea is the intermediate care bed for the mentally retardedplanning area in which the bed is located. The intermediate carebed for the mentally retarded planning areas are the MentalHealth Planning Areas which are defined in 10 NCAC 03R.6353(b).(o) A heart-lung bypass machine’s service area is the heart-lungbypass machine planning area in which the heart-lung bypassmachine is located. The heart-lung bypass machine planningareas are the hospital service systems, as defined in 10 NCAC03R .6354(a).(p) A unit of fixed cardiac catheterization and cardiacangioplasty equipment's service area is the fixed cardiaccatheterization and cardiac angioplasty equipment planning areain which the equipment is located. Each of the 100 counties inthe State is a separate fixed cardiac catheterization and cardiacangioplasty equipment planning area.(q) A unit of shared fixed cardiac catheterization and cardiacangioplasty equipment's service area is the shared fixed cardiaccatheterization and cardiac angioplasty planning area in whichthe equipment is located. The shared fixed cardiaccatheterization and cardiac angioplasty planning areas are thehospital service systems, as defined in 10 NCAC 03R .6354(a).TEMPORARY RULES16:15 NORTH CAROLINA REGISTER February 1, 20021698(r) A positron emission tomography scanner's service area andplanning region is the health service area (HSA) in which thescanner is located and the planning region as defined in 10NCAC 03R .6353(g). The health service areas are the multicountygroupings as defined in 10 NCAC 03R .6353(a).(s) An adult care home bed's service area is the adult care homebed planning area in which the bed is located. Each of the 100counties in the State is a separate adult care home bed planningarea.(t) An operating room's service area is the ambulatory surgicalfacility planning area in which the operating room is located.The ambulatory surgical facility planning areas are the multicountygroupings as defined in 10 NCAC 03R .6353(e).History Note: Authority G.S. 131E-176(25); 131E-177(1);131E-183(1);Temporary Adoption Eff. January 1, 2002.10 NCAC 03R .6355 REALLOCATIONS ANDADJUSTMENTS(a) REALLOCATIONS(1) Reallocations shall be made only to the extentthat need determinations in 10 NCAC 03R.6356, through .6384 indicate that need existsafter the inventories are revised and the needdeterminations are recalculated.(2) Beds or services which are reallocated once inaccordance with this Rule shall not bereallocated again. Rather, the MedicalFacilities Planning Section shall make anynecessary changes in the next annual StateMedical Facilities Plan.(3) Dialysis stations that are withdrawn,relinquished, not applied for, decertified,denied, appealed, or pending the expiration ofthe 30 day appeal period shall not bereallocated. Instead, any necessaryredetermination of need shall be made in thenext scheduled publication of the DialysisReport.(4) Appeals of Certificate of Need Decisions onApplications. Need determinations of beds orservices for which the CON Section decisionto approve or deny the application has beenappealed shall not be reallocated until theappeal is resolved.(A) Appeals Resolved Prior to August 17:If such an appeal is resolved in thecalendar year prior to August 17, thebeds or services shall not bereallocated by the CON Section;rather the Medical Facilities PlanningSection shall make the necessarychanges in the next annual StateMedical Facilities Plan, except fordialysis stations which shall beprocessed pursuant to Subparagraph(a)(3) of this Rule.(B) Appeals Resolved on or After August17: If such an appeal is resolved onor after August 17 in the calendar