Section 7 AAC 07.025 - Standards and methodologies; waiver of standards(a) Before forwarding a certificate of need application to the commissioner for a decision under 7 AAC 07.070, the department will review the application and supporting documents to determine if the certificate of need application (1) meets the applicable requirements of AS 18.07;(2) complies with the requirements of this chapter; and(3) meets the certificate of need review standards and uses the methodologies identified in the department's document entitled Alaska Certificate of Need Review Standards and Methodologies, dated December 9, 2005, and adopted by reference.(b) An applicant may request that a review standard adopted by reference under (a)(3) of this section be waived. The department will recommend to the commissioner that a review standard be waived if the applicant documents to the department's satisfaction that (1) meeting the standard would cause a reduction in the availability, quality, or accessibility of services to the consumer in the service area;(2) the standard does not apply to the activity being considered; or(3) the standard does not apply to the service area.(c) The department will not waive a methodology adopted by reference under (a)(3) of this section.(d) The department will consider a divided or phased activity to be a single activity for the purposes of AS 18.07 if (1) two or more components of the activity were financed together and are to be constructed or acquired together;(2) one component of the activity is dependent upon completion of another component of the activity and neither component, if completed alone, would meet the objectives of the certificate of need applications; or(3) constructed activities are built at the same time or in a continuing manner, with no more than 120 days between completion of one activity and commencement of the next.(e) In determining whether an activity is divided or phased, the department will not consider the value of any portion of the land that is purchased for a future activity if that land is not associated with a specific current activity.Eff. 8/14/2005, Register 175; am 1/11/2006, Register 177; am 8/11/2010, Register 195A copy of the document entitled Alaska Certificate of Need Review Standards and Methodologies, adopted by reference in 7 AAC 07.025, may be obtained at the department's certificate of need program at 350 Main Street, Juneau, Alaska 99801, or at the following Internet site: http://dhss.alaska.gov/dhcs/Pages/CertificateOfNeed/default.aspx.
Authority:AS 18.07.031
AS 18.07.035
AS 18.07.041
AS 18.07.043
AS 18.07.101