197.330. Duties of review committee. - Missouri Statutes

Duties of review committee.

197.330. 1. The committee shall:

(1) Notify the applicant within fifteen days of the date of filing ofan application as to the completeness of such application;

(2) Provide written notification to affected persons located withinthis state at the beginning of a review. This notification may be giventhrough publication of the review schedule in all newspapers of generalcirculation in the area to be served;

(3) Hold public hearings on all applications when a request inwriting is filed by any affected person within thirty days from the date ofpublication of the notification of review;

(4) Within one hundred days of the filing of any application for acertificate of need, issue in writing its findings of fact, conclusions oflaw, and its approval or denial of the certificate of need; provided, thatthe committee may grant an extension of not more than thirty days on itsown initiative or upon the written request of any affected person;

(5) Cause to be served upon the applicant, the respective healthsystem agency, and any affected person who has filed his prior request inwriting, a copy of the aforesaid findings, conclusions and decisions;

(6) Consider the needs and circumstances of institutions providingtraining programs for health personnel;

(7) Provide for the availability, based on demonstrated need, of bothmedical and osteopathic facilities and services to protect the freedom ofpatient choice; and

(8) Establish by regulation procedures to review, or grant a waiverfrom review, nonsubstantive projects.

The term "filed" or "filing" as used in this section shall mean delivery tothe staff of the health facilities review committee the document ordocuments the applicant believes constitute an application.

2. Failure by the committee to issue a written decision on anapplication for a certificate of need within the time required by thissection shall constitute approval of and final administrative action on theapplication, and is subject to appeal pursuant to section 197.335 only onthe question of approval by operation of law.

(L. 1979 H.B. 222 § 7, A.L. 1986 S.B. 553 & 775, A.L. 1987 H.B. 384 Revision, A.L. 1999 S.B. 326)

Effective 7-1-99

(1987) Failure of Health Facilities Review Committee to issue decision on application within the time allotted by this section constitutes approval of application and pendency of prior application by same applicant for larger hospital at same location is irrelevant. Platte County Medical Center, Inc. v. Mo. Health F. Review, 734 S.W.2d 608 (Mo.App.).