NC Register Volume 16 Issue 15 - Office of Administrative Hearings

TEMPORARY RULEScounty's June 30, 2002 station needdetermination is zero.(2) Facility NeedA dialysis facility located in a countyfor which the result of the CountyNeed methodology is zero in theJanuary 2002 Semiannual DialysisReport (SDR) is determined to needadditional stations to the extent that:(A) Its utilization, reported in the January2002 SDR, is 3.2 patients per stationor greater;(B) Such need, calculated as follows, isreported in an application for acertificate of need:(i)(ii)The facility's number of incenterdialysis patientsreported in the June 2001TDR (SDR 1) is subtractedfrom the number of in-centerdialysis patients reported inthe January 2002 SDR(SDR 2). The difference ismultiplied by 2 to project thenet in-center change for oneyear. Divide the projectednet in-center change for theyear by the number of incenterpatients from SDR1to determine the projectedannual growth rate.The quotient from Subpart(b)(2)(B)(i) of this Rule isdivided by 12.(C)(iv)multiplied by 6 (the numberof months from June 30,2001 until December 31,2001) for the January 2002SDR.The product from Subpart(b)(2)(B)(iii) of this Rule ismultiplied by the number ofthe facility's in-centerpatients reported in theJanuary 2002 SDR and thatproduct is added to suchreported number of in-centerpatients.(v) The sum from Subpart(b)(2)(B)(iv) of this Rule isdivided by 3.2, and from thequotient is subtracted thefacility's current number ofcertified stations as recordedin the January 2002 SDRand the number of pendingnew stations for which acertificate of need has beenissued. The remainder is thenumber of stations needed.The facility may apply to expand tomeet the need established in Subpart(b)(2)(B)(v) of this Rule, up to amaximum of 10 stations.(c) The schedule for publication of the January 2002Semiannual Dialysis Report (SDR) and for receipt of certificateof need applications for the April 1, 2002 Review Period shall beas follows:(iii) The quotient from Subpart(b)(2)(B)(ii) of this Rule isData for Due Date for Publication Receipt of CON Beginning ReviewPeriod Ending SEKC Report of SDR Applications DateJune 30, 2001 Nov. 12, 2001 Jan. 2, 2002 March 15, 2002 April 1, 2002(d) An application for a certificate of need pursuant to this Ruleshall be considered consistent with G.S. 131E-183(a)(1) only ifit demonstrates a need by utilizing one of the methods ofdetermining need outlined in this Rule.(e) An application for a new End Stage Renal Disease facilityshall not be approved unless it projects need for at least 10stations based on utilization of 3.2 patients per station per weekas of the first day of operation of the facility.(f) Home patients shall not be included in determination of needfor new stations.History Note: Authority G.S. 131E-176(25); 131E-177(1);131E-183(b);Temporary Adoption Eff. January 1, 2002.10 NCAC 03R .6377 DIALYSIS STATION NEEDDETERMINATION METHODOLOGY FOR REVIEWSBEGINNING OCTOBER 1, 2002(a) The Medical Facilities Planning Section (MFPS) shalldetermine need for new dialysis stations twice during calendaryear 2002, and shall make a report of such determinationsavailable to all who request it. The second report shall be calledthe North Carolina July 2002 Semiannual Dialysis Report(SDR). Data to be used for these determinations, and theirsources, are as follows:(1) Numbers of dialysis patients as of December31, 2001, by type, county and facility, from theSoutheastern Kidney Council, Inc. (SEKC)supplemented by data from the Mid-AtlanticRenal Coalition, Inc.;(2) Certificate of need decisions, decisionsappealed, appeals settled, and awards, from theCertificate of Need Section, DFS;(3) Facilities certified for participation inMedicare, from the Certification Section, DFS;and16:15 NORTH CAROLINA REGISTER February 1, 20021706