Stay of Proceedings

Stay of Proceedings. There shall be a stay of proceedings of any final order issued by the Department pertaining to the issuance of a Certificate of Need for the establishment, construction, expansion, or replacement of a health care facility (other than a home health agency) for a period of thirty (30) days from the date of the order, if an existing provider located in the same service area has requested a hearing during the course of review in opposition to the issuance of the CON. The stay shall expire at the termination of thirty (30) days; however, no construction, renovation, or other capital expenditure that is the subject of the order shall be undertaken, no license to operate any facility that is the subject of the order shall be issued, and no certification to participate in the Medicare or Medicaid programs shall be granted, until all statutory appeals have been exhausted or the time for those appeals has expired. The filing of an appeal shall not prevent the purchase of medical equipment or development or offering of institutional health services granted in the CON.