N.H. Admin. Code § He-Hea 214.02

Current through Register No. 2, January 9, 2025

Section He-Hea 214.02 - Processing of Decisions

The board shall process its decisions in the following manner:

(a) Upon rendering a decision, the presiding officer shall name one or more board members to assist its staff in developing a draft of the findings of fact and conclusions of law supporting the board's decision;

(b) The findings of fact and conclusions of law shall be completed and acted upon within 45 days of the board's decision;

(c) The board's findings of fact and conclusions of law shall be separately stated and ruled upon;

(d) The findings shall be accompanied by a concise and explicit statement of underlying facts supporting the findings included in:

(1) The criteria in RSA 151-C:7; and

(2) Any evidence introduced into the record including facts that have been officially noticed by the board as outlined in He-Hea 208.10(f);

(e) In the case of a decision for a CON, the findings shall also include a statement of facts supporting:

(1) The standards and criteria in He-Hea 303.02 through He-Hea 303.08; and

(2) The applicable criteria listed in He-Hea 304.04 governing the project under review;

(f) Decisions or orders shall be delivered or mailed promptly to each party and/or its recognized representative;

(g) Parties shall be notified personally or by mail of any decision or order;

(h) If a party accepts a decision issued with a condition, it shall accept all conditions attached thereto, otherwise the decision shall result in a denial;

(i) A CON with condition shall be considered as a requirement made of the applicant that would otherwise be expected at the time of filing the application or upon decision by the board but can be accomplished upon commencement of construction or expiration per He-Hea 301.12; and

(j) In the case of a CON with conditions, approvals with condition shall include, but not be limited to:

(1) The total project amount;

(2) Bed complement;

(3) Patient charges;

(4) Patient mix; or

(5) Other conditions imposed providing that the conditions are consistent with the criteria and standards in RSA 151-C and the board's rules governing the service to be regulated.

N.H. Admin. Code § He-Hea 214.02

#7139, eff 11-23-99, EXPIRED: 11-23-99

New. #9075-A, eff 1-24-08