Certificate of Need Rules
Pursuant to G.S. 150B-21.3A, Periodic Review and Expiration of Existing Rules, all rules are reviewed at least every 10 years, or they shall expire. As a result of the periodic review of Subchapter 10A NCAC 14C, Certificate of Need Regulations, these nine proposed rules for readoption were part of the 39 rules determined as “Necessary With Substantive Public Interest,” requiring readoption.
Substantive changes have been made to these proposed rules to revise and update terms and definitions that apply to Certificate of Need (CON) application performance standards for nursing facility or adult care home services, home health services, rehabilitation services, acute care hospital beds, and hospice inpatient facilities and hospice residential care facilities.
Substantive changes have been made to these proposed rules to revise, condense, clarify, and remove unnecessary text in the CON applicant performance standards criteria for the development of nursing facility or adult care home services, a new Medicare-certified home health agency, rehab beds, new acute care hospital beds, and Hospice inpatient facility (HI) beds pursuant to a need determination in the State Medical Facilities Plan in effect as of the first day of the review period. In addition, substantive changes have been made to revise, condense, clarify, and remove unnecessary text in the performance standards criteria to develop new Hospice residential facility (HR) beds.
- Notification of proposed readoption of rules
- Proposed Effective Date: January 1, 2023
- Public Comment Period: July 15, 2022 – September 13, 2022
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: September 6, 2022
- Time: 1:00 p.m.
- Location: Dorothea Dix Park, Brown Building, Room 104, 801 Biggs Drive, Raleigh, NC 27603
- The fiscal note was approved by:
- OSBM on June 10, 2022
- N.C. DHHS/Director, DHSR on June 14, 2022
- Rule Fiscal Note
- 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 14, 2022:
- Public Comments
- Technical changes requested by the Rules Review Commission staff attorney:
- 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.
- These rules were approved by the Rules Review Commission on December 15, 2022:
- The effective date of these rules is January 1, 2023