Sec. 18.07.021. Administration.
The department shall administer the certificate of need program under this chapter and perform other functions prescribed in this chapter.
Sec. 18.07.031. Certificate of need required; relocations.
(a) Except as provided in (c) and (d) of this section, a person may not make an expenditure of $1,000,000 or more for any of the following unless authorized under the terms of a certificate of need issued by the department: (1) construction of a health care facility; (2) alteration of the bed capacity of […]
Sec. 18.07.035. Application and fees.
(a) Application for a certificate of need shall be made to the department upon a form provided by the department and must contain the information the department requires to reach a decision under this chapter. Each application for a certificate of need must be accompanied by an application fee established by the department by regulation. […]
Sec. 18.07.041. Standard of review for applications for certificates of need relating to non-nursing home beds and services.
The department shall grant a sponsor a certificate of need or modify a certificate of need that authorizes beds other than nursing home beds or that is for a health care facility other than a nursing home if the availability and quality of existing health care resources or the accessibility to those resources is less […]
Sec. 18.07.043. Standard of review for applications for certificates of need relating to nursing homes, nursing home beds, and residential psychiatric treatment centers.
(a) The department shall develop review standards for an application for a certificate of need, or for a modification of a certificate of need, issued under this chapter for a health care facility that is a nursing home or residential psychiatric treatment center, or that has nursing home beds. (b) In developing the review standards […]
Sec. 18.07.045. Time standards for review of applications for certificates of need.
(a) The following time standards apply for a review by the department of an application for a certificate of need under this chapter: (1) the department may defer commencement of the review process under this chapter for an application for a period not to exceed 60 days after the determination that the application is complete […]
Sec. 18.07.051. Terms of issuance of the certificate.
Each certificate issued must specify terms of issuance describing the nature and extent of the activities authorized by the certificate.
Sec. 18.07.061. Modification and termination of activities.
The certificate holder shall apply to the department for a modification of the certificate before terminating part of the activities authorized by the terms of issuance, but the certificate holder is not required to obtain the acquiescence of the department before terminating all the activities authorized by the certificate. If a certificate holder terminates all […]
Sec. 18.07.071. Temporary and emergency certificates.
(a) The department shall grant a sponsor an emergency certificate for the construction of a health care facility for which a certificate is required under AS 18.07.031 if the sponsor shows, by affidavit or formal hearing, that the act of construction consists of effecting emergency repairs. (b) The department may grant a sponsor a temporary […]
Sec. 18.07.081. Proceedings for modification, suspension, and revocation.
(a) The department, a member of the public who is substantially affected by activities authorized by the certificate, or another applicant for a certificate of need may initiate a hearing conducted by the office of administrative hearings (AS 44.64.010) to obtain modification, suspension, or revocation of an existing certificate of need by filing an accusation […]
Sec. 18.07.091. Injunctive relief; penalties; right of action.
(a) Injunctive relief against violations of this chapter or regulations adopted under this chapter may be obtained from a court of competent jurisdiction at the instance of the commissioner, a holder of a certificate of need who is adversely affected in the exercise of the activities conducted in violation of the certificate, or any member […]
Sec. 18.07.101. Regulations.
The commissioner shall adopt, in accordance with AS 44.62 (Administrative Procedure Act), regulations that establish procedures under which sponsors may make application for certificates of need required by this chapter and that govern the review of those applications by the department, establish requirements for a uniform statewide system of reporting financial and other operating data, […]
Sec. 18.07.111. Definitions.
In this chapter, (1) “category of health services” means a major type, program, unit, division, or department of care provided through a health care facility, whether inpatient or outpatient, including an outpatient department, psychiatric wing, kidney dialysis program, radiotherapy, burn unit, or newborn intensive care unit, except that “service” does not include the lawful practice […]