31A-8-104 - Determination of ability to provide services. - Utah Statutes

31A-8-104. Determination of ability to provide services.
(1) The commissioner may not issue a certificate of authority to an applicant for acertificate of authority under this chapter unless the commissioner has determined that theapplicant has:
(a) demonstrated the willingness and potential ability to furnish the proposed health careservices in a manner to assure both availability and accessibility of adequate personnel andfacilities and continuity of service;
(b) arrangements for an ongoing quality of health care assurance program concerninghealth care processes and outcomes, established in accordance with rules adopted by the directorof the Department of Health based upon prevailing standards for quality assurance for other formsof health care delivery in this state; and
(c) a procedure, established in accordance with rules of the director of the Department ofHealth, to develop, compile, evaluate, and report statistics relating to the cost of its operations,the pattern of utilization of its services, the availability and accessibility of its services, and suchother matters as may be reasonably required by the director of the Department of Health.
(2) Upon receipt of an application for a certificate of authority under this chapter, thecommissioner shall transmit a copy of the application and accompanying documents to thedirector of the Department of Health. Upon receipt of the application, the director of theDepartment of Health shall review the application, investigate the surrounding facts andcircumstances, and make a finding concerning whether the applicant satisfies the requirements ofSubsection (1). The director of the Department of Health is considered to have found theapplicant to comply with Subsection (1) unless he delivers to the commissioner a finding ofnoncompliance within 90 days after receiving the application from the commissioner.
(3) In determining whether the requirements of Subsection (1) are satisfied, thecommissioner shall rely on the findings of the director of the Department of Health delivered tothe commissioner in accordance with Subsection (2).
(4) A finding of noncompliance with Subsection (1) shall specify in what respects theapplicant is deficient in meeting the requirements of Subsection (1).
(5) An organization's certificate of authority issued under this chapter is conclusiveevidence of compliance with Subsection (1), as to the services authorized to be performed underthe certificate of authority, except in a proceeding by the state against the organization. Licensingunder this chapter does not exempt an organization from any licensing requirement applicableunder Title 26, Chapter 21.

Amended by Chapter 185, 1997 General Session