Certificate of Need Rules
Several subject matters are addressed in the State Medical Facilities Plan (SMFP). The operating room need methodology was changed in the 2018 SMFP. Revisions to existing Certificate of Need rules are required to compliment or be made consistent with the SMFP. The effective date of the 2018 SMFP is January 1, 2018. The specific subject area being addressed by these proposed rule changes are the criteria and standards for Surgical Services and Operating Rooms. The changes include deletion of the definition for the currently used term "related entity" and replacement with the definition for "health system." These terms are not the same and the new term has been added in the changed SMFP methodology. The definition for "surgical case" is being deleted since the term no longer applies in the changed SMFP methodology. Two definitions are being added, and one revised to provide clarity in SMFP terminology references. The methodology changes are reflected by reference to the SMFP in rule. One definition has been revised to correct inaccuracy in the rule. In addition, the definitions have been alphabetized.
- Notification of proposed temporary rules for amendment (PDF, 110 KB)
- Proposed Effective Date: February 1, 2018
- Public Comment Period: November 16, 2017 - December 11, 2017
Comments may be submitted by:- Email: [email protected];
- Mail: Nadine Pfeiffer, Division of Health Service Regulation, 809 Ruggles Drive, 2701 Mail Service Center, Raleigh, NC 27699-2701;
- Public Hearing
- Date: November 29, 2017
- Time: 10:00 a.m.
- Location: Room 104, Brown Building, 801 Biggs Drive, Raleigh, NC 27603
- The fiscal note is not required pursuant to G.S. 150B-21.4(d)
- Not applicable for these rules
- Federal Certification required by G.S. 150B-19.1(g)
- Not applicable for these rules
- The notice of text as approved by DHHS/Director, DHSR, 11/6/2017
- Proposed 10A NCAC 14C .2101 (PDF, 139 KB)
- Proposed 10A NCAC 14C .2103 (PDF, 97 KB)
- Public Comments
- Minutes from the public hearing that was held on November 29, 2017 (PDF, 389 KB)
- Cape Fear Valley Health System (PDF, 1.14 MB)
- NBM Health Planning Associates (PDF, 555 KB)
- Novant Health (PDF, 918 KB)
- Proposed changes to rule that was adopted by the DHHS/Director, DHSR
- 10A NCAC 14C .2103 (PDF, 97 KB)
- Technical changes
- 10A NCAC 14C .2101 (PDF, 140 KB)
- 10A NCAC 14C .2103 (PDF, 98 KB)
- These rules were approved by the Rules Review Commission on 1/25/2018
- 10A NCAC 14C .2101 (PDF, 64 KB)
- 10A NCAC 14C .2103 (PDF, 13 KB)
- 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 G.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.