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.