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| Filing a CON Application |
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Certificate of Need
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Welcome to the Certificate of Need (CON) "Timely Application Page," part of the Michigan Timely Application and Permit Service (
MiTAPS
) Initiative. This page is designed to assist health care providers in determining what services are covered by the Certificate of Need Section of the Michigan Department of Community Health and provide information on necessary documentation to complete the Certificate of Need process. It is our goal through the MiTAPS Initiative to make Michigan a better place to do business while assuring that only needed medical services are developed in Michigan by balancing cost, quality, and access.
How the review process works:
An applicant files a Letter of Intent (LOI) with the Department and regional review agency, if any. Based on the LOI information provided, the
Project Review Coordinator
notifies the applicant of the required application forms for the project. Available on web site
Electronic Forms
or through the on-line application system
.
The applicant files completed application with the Department and regional review agency, if any. Within 15 days of receiving an application, the Department reviews for completeness and requests any additional information. The applicant has 15 working days to submit the requested information to the Department. The Department then deems the application complete. (See
Application Timelines
for detailed information.)
The application is then forwarded to the assigned reviewer for an in-depth review of the proposed project. Within the appropriate time period for the type of review, the assigned reviewer will prepare a report, documenting the analysis and findings of compliance with the statutory review criteria, as set forth in Michigan Health Code, P.A. 368, as amended (Part 201 and Part 222), and applicable
review standards
. The reviewer will then make a recommendation for approval or disapproval. If the proposed decision is an approval, a final decision is issued by the Department Director within five days. If the proposed decision is a disapproval, the applicant has 15 days to request a hearing. If the proposed hearing is not requested, a final decision is issued by the Department Director. If requested, the hearing must begin within 90 days, unless waived by the applicant. A final decision is then issued by the Department Director following the hearing.
Application Timelines:
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A Letter of Intent will be processed by the department within 15 calendar days after receipt.
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Request for additional information is due to the applicant within 15 calendar days of receipt.
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A proposed decision on a nonsubstantive application will be issued within 45 days following the date deemed complete.
-
A proposed decision on a substantive application will be issued within 120 days following the date deemed complete.
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A proposed decision on comparative review group applications will be issued within 150 days following the date deemed complete.
Activities Covered by Certificate of Need: A person proposing any of the following types of projects must obtain a Certificate of Need regardless of the capital expenditure proposed:
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Increase in the number of licensed beds; relocation of licensed beds from one geographic site to another geographic site; replace beds.
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Acquisition of an existing health facility.
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Begin operation of a new health facility at a site that is not currently licensed for that type of health facility.
-
Initiation, replacement, or expansion of covered clinical services.
-
Initiation of a short-term nursing care program (Swing Beds).
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Make a covered capital expenditure above the threshold in a licensed health facility (clinical areas only). The capital expenditure threshold is updated annually by the Department based on the Consumer Price Index. The current threshold, effective January 2, 2008, is $2,872,500 for clinical service areas.
A covered capital expenditure is calculated by the Department by adding the following project cost categories for projects related to licensed health facilities only:
- New Construction - Clinical
- Renovation and Remodeling - Clinical
- Architect/Engineering Fees
- Contingencies
- Feasibility Studies/Surveys
- Site Preparation
- Fixed Medical Equipment
- Fixed Non-Medical Equipment
- Land Purchase
- Building Purchase
- Space Lease Cost
Land Purchase, Building Purchase and Space Lease Cost categories are not included in this calculation if the project is for a change of ownership only for a licensed health facility.
For Purposes of CON, a Health Facility is Defined as a:
-
Hospital
-
Psychiatric Hospital or Unit
-
Nursing Home or Hospital Long-Term Care Unit
-
Freestanding Surgical Outpatient Facility
-
HMO (limited projects)
A Certificate of Need is Required for the Following Clinical Services:
Contact Project Review Coordinator or at 517-241-3348 for additional information related to activities described above.
Review Types:
The three review types are detailed below:
Workflow Chart:
Additional information dealing with the filing of a letter of intent through the amendment phase is provided by a
workflow chart
.
How to Apply:
An applicant may apply either by downloading and completing of a LOI or by filing through the on-line application system. The LOI can be faxed or mail to the Project Review Coordinator or submitted on-line. At the same time, the applicant must contact the regional review agency, if applicable. Detailed information is located below.
Application Fees:
-
$1,500 for projects costing up to $500,000
-
$5,500 for projects costing from $500,000 up to $4,000,000
-
$8,500 for projects costing $4,000,000 or more
Designated Application Dates:
In accordance with Administrative Rule
325.9123
, nonsubstantive applications can be filed on any workday. Substantive applications must be filed on the first working day of the month. Comparative applications are filed on February 1, June 1, or October 1 (or the first working day following these dates).
Regional Review Agencies:
Certificate of Need (CON) Review Agencies are authorized under M.C.L.
333.22226
. Currently, there is one review agency for the counties listed below. For more information, see contact information as follows:
Alliance for Health
1345 Monroe Avenue NW, Suite 256
Grand Rapids, MI 49505
Telephone: 616-248-3820
Facsimile: 616-248-9170
http://www.afh.org/
Alliance for Health Region: Allegan, Ionia, Kent, Lake, Mason, Mecosta, Montcalm, Muskegon, Newaygo, Oceana, Osceola, and Ottawa counties.
Contact Us for Assistance:
Staff members are available to provide assistance to individual applicants prior to and throughout the CON process to help ensure that proposed projects meet the needs of the applicant as well as statutory requirements. The applicant also may contact the
Project Review Coordinator
or at 517-241-3348.
Top
Project Implementation Progress Report (PIPR):
Eleven months after CON approval, an applicant is required to file a PIPR demonstrating that the project is 100 percent complete or an enforceable contract has been executed. If the project is not complete at that time, the applicant may request a six month extension pursuant to Administrative Rule 325.9403. Any construction must be initiated and any covered clincial equipment must be installed within 24 months from the date of CON approval. For more information, contact
Follow-Up Analyst
or at
517-241-4478.
Amendments:
In addition to the application reviews, the CON Section also reviews requests for
amendments
to approved Certificate of Need applications as allowed by the Administrative Rule
325.9413
. Amendments must be requested using the form supplied by the Department; it may be obtained from the CON Web site, as well.
Amendment requests involve a variety of circumstances including changes in the scope of an approved project, changes in how an approved project is financed, authorization for cost overruns, and changes in equipment from that originally approved.
The
Rules
allow actual project costs to exceed approved costs by a specified amount due to the difficulty in estimating construction and other capital costs at the time an application is filed; no amendment request is required if the overruns fall below the threshold.
Michigan State Hospital Finance Authority: The Certificate of Need Section provides the Michigan State Hospital Finance Authority (MSHFA) with information when hospitals request financing through MSHFA-bond issues and Hospital Equipment Loan Program (HELP) loans. This involves advising MSHFA on whether a CON is required for the activities that will be financed through MSHFA or if a required CON already has been obtained.
Also available is detailed information regarding Bond Waiver Letter Requests.
State of Michigan
Department of Community Health - Certificate of Need Program
Lewis Cass Building, 320 S. Walnut Street, Lansing, MI 48913
Your questions and comments regarding our website are welcome.
Send them to us via
CON WebTeam
Updated April 11, 2008
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