Emergency Certificate Of Need

(1) Where an unforeseen event necessitates action of a type requiring a certificate of need and the public health, safety, or welfare would be unavoidably jeopardized by compliance with the standard procedures for application and granting of a certificate of need, the Commission may issue an emergency certificate of need. CERTIFICATE OF NEED PROGRAM – SCOPE AND PROCEDURES CHAPTER 0720-10 (2) An emergency certificate of need may be issued upon request of the applicant when the Executive Director and officers of the Commission concur, after consultation with the appropriate licensing agency. Prior to an emergency certificate of need being granted, the applicant must publish notice of the application in a newspaper of general circulation and submit any written documentation requested by the Executive Director. Commission members must be notified by Commission staff of the request. (3) A decision regarding whether to issue an emergency certificate of need will be considered at the next regularly scheduled Commission meeting unless the applicant’s request is necessitated by an event that has rendered its facility, equipment or service inoperable. In such case, the Commission’s Chair, Vice-Chair, and Executive Director may act immediately to consider the application for an emergency certificate of need. (4) Said certificate is valid for a period not to exceed one hundred twenty (120) days: when the applicant has applied for a certificate of need under standard Commission procedures, an extension of the emergency certificate of need may be granted.