NC Register Volume 16 Issue 15 - Office of Administrative Hearings

year, the beds or services, except fordialysis stations, shall be madeavailable for a review period to bedetermined by the CON Section, butbeginning no earlier than 60 daysfrom the date that the appeal isresolved. Notice shall be mailed bythe Certificate of Need Section to allpersons on the mailing list for theState Medical Facilities Plan, no lessthan 45 days prior to the due date forreceipt of new applications.(5) Withdrawals and Relinquishments. Except fordialysis stations, a need determination forwhich a certificate of need is issued, but issubsequently withdrawn or relinquished, isavailable for a review period to be determinedby the Certificate of Need Section, butbeginning no earlier than 60 days from:(A) the last date on which an appeal ofthe notice of intent to withdraw thecertificate could be filed if no appealis filed;(B) the date on which an appeal of thewithdrawal is finally resolved againstthe holder; or(C)the date that the Certificate of NeedSection receives from the holder ofthe certificate of need notice that thecertificate has been voluntarilyrelinquished.Notice of the scheduled review period for thereallocated services or beds shall be mailed bythe Certificate of Need Section to all personson the mailing list for the State MedicalFacilities Plan, no less than 45 days prior tothe due date for submittal of the newapplications.(6) Need Determinations for which NoApplications are Received(A)(B)Services or Beds with ScheduledReview in the Calendar Year on orBefore September 1: The Certificateof Need Section shall not reallocatethe services or beds in this categoryfor which no applications werereceived, because the MedicalFacilities Planning Section will havesufficient time to make any necessarychanges in the determinations of needfor these services or beds in the nextannual State Medical Facilities Plan,except for dialysis stations.Services or Beds with ScheduledReview in the Calendar Year AfterSeptember 1: Except for dialysisstations, a need determination in thiscategory for which no application hasbeen received by the last due date forsubmittal of applications shall beavailable to be applied for in theTEMPORARY RULESsecond Category I review period inthe next calendar year for theapplicable HSA. Notice of thescheduled review period for thereallocated beds or services shall bemailed by the Certificate of NeedSection to all persons on the mailinglist for the State Medical FacilitiesPlan, no less than 45 days prior to thedue date for submittal of newapplications.(7) Need Determinations not Awarded becauseApplication Disapproved(A) Disapproval in the Calendar Yearprior to August 17: Needdeterminations or portions of suchneed for which applications weresubmitted but disapproved by theCertificate of Need Section beforeAugust 17, shall not be reallocated bythe Certificate of Need Section.Instead the Medical FacilitiesPlanning Section shall make thenecessary changes in the next annualState Medical Facilities Plan if noappeal is filed, except for dialysisstations.16:15 NORTH CAROLINA REGISTER February 1, 20021699(B)Disapproval in the Calendar Year onor After August 17: Needdeterminations or portions of suchneed for which applications weresubmitted but disapproved by theCertificate of Need Section on orafter August 17, shall be reallocatedby the Certificate of Need Section,except for dialysis stations. A need inthis category shall be available for areview period to be determined by theCertificate of Need Section butbeginning no earlier than 95 daysfrom the date the application wasdisapproved, if no appeal is filed.Notice of the scheduled review periodfor the reallocation shall be mailed bythe Certificate of Need Section to allpersons on the mailing list for theState Medical Facilities Plan, no lessthan 80 days prior to the due date forsubmittal of the new applications.(8) Reallocation of Decertified ICF/MR Beds. Ifan ICF/MR facility's Medicaid certification isrelinquished or revoked, the ICF/MR beds inthe facility shall be reallocated by theDepartment of Health and Human Services,Division of Facility Services, MedicalFacilities Planning Section pursuant to theprovisions of the following Sub-parts. Thereallocated beds shall only be used to convertfive-bed ICF/MR facilities into six-bedfacilities.