Section 197.330

Title XII PUBLIC HEALTH AND WELFARE

Chapter 197

Effective - 01 Jul 1999, see footnote   

  197.330.  Duties of review committee. — 1.  The committee shall:

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

  (2)  Provide written notification to affected persons located within this state at the beginning of a review.  This notification may be given through publication of the review schedule in all newspapers of general circulation in the area to be served;

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

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

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

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

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

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

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

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

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(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.).