Certificate of Need Rules
Three rules are proposed for rulemaking for Certificate of Need (CON). As a result of the periodic review of rules in Subchapter 10A NCAC 14C, 39 rules determined as “Necessary With Substantive Public Interest” were required to be readopted. At this time, two rules are being proposed for readoption for the Certificate of Need Regulations for the criteria and standards for neonatal services. One additional rule is proposed for amendment to make a temporary rule permanent to complement or be made consistent with the 2023 State Medical Facilities Plan (SMFP).
The proposed rules for readoption, 10A NCAC .1401 and .1403, update Level IV neonatal intensive care services criteria and standards definitions, and revise and clarify Certificate of Need applicant performance standards criteria to develop a new neonatal intensive care service with or without increasing the total number of acute care beds on the hospital license. In addition, Rule 10A NCAC 14C .1403 was amended with temporary procedures effective January 27, 2023 and published in 37:16 NCR on February 15, 2023.
Rule 10A NCAC 14C .2703 is proposed for amendment so that correct performance standards reflective of the MRI need methodology changes in the SMFP shall be used by CON applicants for MRI services. This rule was amended with temporary procedures effective January 27, 2023 and published in 37:16 NCR on February 15, 2023.
- Notification of proposed readoption/amendment of rules
- Proposed Effective Date: January 1, 2024
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Public Comment Period: July 17, 2023 – September 15, 2023
Comments may be submitted by:- Email: [email protected]
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Mail: Nadine Pfeiffer, Division of Health Service Regulation, 809 Ruggles Drive, 2701
Mail Service Center, Raleigh, NC 27699-2701
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Public Hearing:
- Date: August 15, 2023
- Time: 10:00 a.m.
- Location: Dorothea Dix Park, Edgerton Building, Room 026, 809 Ruggles Drive, Raleigh, NC 27603
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The fiscal note was approved by:
- OSBM on May 15, 2023
- N.C. DHHS/Director, DHSR on June 13, 2023
- Rule Fiscal Note
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Federal Certification required by GS 150B-19.1(g)
- Not applicable for these rules
- The notice of text as approved by the N.C. DHHS/Director, DHSR on June 13, 2023:
- Public Comments
- Procedure for subjecting a proposed rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1) . The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.
- These rules were approved by RRC on November 12, 2023.
- Final version of rules:
- The Effective date of the rules is January 1, 2024.