Report Title:
Health care; Certificate of Need Review Process; West Maui Hospital
Description:
Reforms the certificate of need review process to require a joint hearing of a subarea council or councils, review panel, and statewide council; provides a waiver from the certificate of need requirements for the construction and operation of a new West Maui acute care hospital.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1031 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
rELATING TO HEALTH CARE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 323D-45, Hawaii Revised Statutes, is amended to read as follows:
"§323D-45 Subarea council, review
panel, and statewide council joint recommendations for issuance or
denial of certificates of need. (a) Except for an administrative review
as provided in section 323D-44.5, or in an emergency situation or other unusual
circumstances as provided in section 323D-44(c), the state agency shall refer
every application for a certificate of need to a joint review panel
consisting of the appropriate subarea council or councils, the review
panel, and the statewide council. The subarea council [and the],
review panel, and statewide council shall consider all relevant data and
information submitted by the state agency, [subarea councils,] other
areawide or local bodies, and the applicant, and may request from them
additional data and information. The subarea councils, review panel,
and statewide council shall jointly consider each application at a
public meeting and shall submit its recommendations with findings to the [statewide
council. The statewide council shall consider the recommendation of the review
panel at a public meeting and shall submit its recommendations to the]
state agency within such time as the state agency prescribes. [The
statewide council and the review panel may join together to hear or consider
simultaneously information related to an application for a certificate of need.]
(b) At a public meeting in which a subarea
council [or the], review panel, and statewide council jointly
considers an application for a certificate of need [, any]:
(1) Any
person shall have the right to be represented by counsel and to present oral or
written arguments and evidence relevant to the application; [any]
(2) Any
person directly affected by the application may conduct reasonable questioning
of persons who make factual allegations relevant to the application; [any]
(3) Any
staff member of the state agency may conduct reasonable questioning of persons
who make factual allegations relevant to the application; and [a]
(4) A record of the meeting shall be kept."
SECTION 2. The state health planning and development agency shall waive the certificate of need requirements, as provided under chapter 323D, for the construction and operation of a new acute care hospital in South Maui, and any necessary emergency and ancillary services in West Maui to supplement the health care needs of the island of Maui. The waiver shall be repealed with respect to further expansion of facilities and health care service after June 30, 2012.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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