Administrative Interpretation

Administrative Interpretation. In administering the Certificate of Need Program, the Department may consider the substance of a transaction, project, expenditure, acquisition, relocation, ownership arrangement, contractual relationship, or other activity in addition to its form. The Department may examine all relevant facts and circumstances to determine whether a proposed activity is subject to CON review. Nothing in this rule shall be construed to expand the scope of activities subject to CON review beyond those identified by applicable law.