Section R. 325.9103 - Definitions; I, LRule 103. As used in these rules:
(a) "Incur an obligation" means entering into either of the following:(i) An executed contract or contracts for the construction, acquisition, lease, or financing of all or substantially all, of the project, as determined by the department.(ii) An executed contract or contracts for the construction, acquisition, lease, or finance of, a phased project. A phased project is a project accomplished in segments over a period of time in compliance with a project timetable acceptable to the department and approved in the certificate of need.(b) "Implement", except as provided in R 325.9403(5), means 1 of the following:(i) For a project that involves the performance of the first surgical procedure of either of the following: (A) Extrarenal organ transplantation (heart, lung, liver, bone marrow).(ii) For a project that involves any of the following, the performance of the first procedure or the signing of a contract that specifies the installation date of the equipment occuring within 24 months and the first procedure within 30 months of the effective date of the certificate of need: (A) Urinary extra corporeal shock wave lithotripsy (UESWL).(B) Megavoltage radiation therapy (MRT).(C) Positron emission tomography (PET) scanning.(D) Computed tomography (CT) scanning.(E) Cardiac catheterization.(F) Magnetic resonance imaging (MRI).(G) Air ambulance services.(iii) For a project that involves beds or surgical services, either of the following: (A) The signing of a contract for the construction, renovation, purchase or lease of equipment or space to house the beds or operating rooms.(B) The licensure or certification of the beds or operating rooms for use, whichever occurs first.(iv) For a project that involves capital expenditures other than projects specified in paragraphs (i) to (iii) of this subdivision when an obligation is incurred or, if the certificate of need expressly defines a series of obligations for discrete components to be incurred over a period of more than 1 year, when each of the designated obligations is incurred.(v) For a project that involves the acquisition of licensed health facilities, the issuance of a new license by the Michigan department of licensing and regulatory affairs.(vi) For a project that is not specified in paragraphs (i) to (v) of this subdivision, the occurrence of the implementation event as defined in the applicable certificate of need review standards.(c) "Letter of intent" means the department form, in electronic or paper format, to determine the reviewability, type of review, and appropriate application forms for a proposed project.Mich. Admin. Code R. 325.9103
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