Current through Register Vol. 54, No. 24, June 15, 2024
Section 1101.42b - Certificate of Need requirement for participation-statement of policy(a) Effective December 19, 1996, the Department will not enter into a provider agreement with an ICF/MR, nursing facility, an inpatient psychiatric hospital or a rehabilitation hospital unless the Department of Health issued a Certificate of Need authorizing construction of the facility or hospital in accordance with 28 Pa. Code Chapter 401 (relating to Certificate of Need program) or a letter of nonreviewability indicating that the facility or hospital was not subject to review under 28 Pa. Code Chapter 401 dated on or before December 18, 1996.(b) The Department will consider exceptions to subsection (a) on a case-by-case basis. Exceptions requested by nursing facilities will be reviewed under § 1187.21a (relating to nursing facility exception requests-statement of policy).The provisions of this § 1101.42b adopted December 13, 1996, effective 12/19/1996, 26 Pa.B. 5996; amended January 9, 1998, effective 1/12/1998, 28 Pa.B. 138.