Section 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 a health care facility; or
        (3) addition of a category of health services provided by a health care facility.
   (b) Notwithstanding the expenditure threshold in (a) of this section, a person may not convert a building or part of a building to a nursing home that requires licensure as a nursing facility under AS 47.32 unless authorized under the terms of a certificate of need issued by the department.
   (c) Notwithstanding (a) of this section, a person who is lawfully operating a health care facility that is an ambulatory surgical facility at a site may make an expenditure of any amount in order to relocate the services of that facility to a new site in the same community without obtaining a certificate of need as long as neither the bed capacity nor the number of categories of health services provided at the new site is greater.
   (d) Beginning July 1, 2005, the $1,000,000 expenditure threshold in (a) of this section is increased by $50,000 annually on July 1 of each year up to and including July 1, 2014.
   (e) In (a) of this section, "expenditure" includes the purchase of property occupied by or the equipment required for the health care facility and the net present value of a lease for space occupied by or the equipment required for the health care facility; "expenditure" does not include costs associated with routine maintenance and replacement of equipment at an existing health care facility.

Authorities

18.07.071;47.80.140

Notes

Implemented As

7 AAC 07.001
7 AAC 07.010
7 AAC 07.025
7 AAC 07.031
7 AAC 07.032
7 AAC 07.033
7 AAC 07.035
7 AAC 07.040
7 AAC 07.042
7 AAC 07.060
7 AAC 07.067
7 AAC 07.070
7 AAC 07.082
7 AAC 07.092
7 AAC 07.095
7 AAC 07.107
7 AAC 07.109
7 AAC 07.900

References

7 AAC 07.010
7 AAC 07.031
7 AAC 07.900
AS 18.07.071 Temporary and emergency certificates.
AS 47.80.140 Licensing and certificates of need.

History

(Sec. 2 ch 275 SLA 1976; am Sec. 1 ch 95 SLA 1983; am Sec. 4 ch 130 SLA 1994; am Sec. 3 ch 55 SLA 1999; am Sec. 1, 2 ch 18 SLA 2000; am Sec. 1 - 3 ch 48 SLA 2004; am Sec. 6 ch 57 SLA 2005)