Appendix to Subpart G of Part 124 - Interim Procedures and Criteria for Review by Health Systems Agencies of Applications Under Section 1625 of the Public Health Service Act
42:1.0.1.11.78.4.35.8.21 :
Appendix to Subpart G of Part 124 - Interim Procedures and Criteria
for Review by Health Systems Agencies of Applications Under Section
1625 of the Public Health Service Act
In performing reviews under section 1513 (e) of the Public
Health Service Act (42 U.S.C. 3001-2(c)) of applications for grants
under section 1625 of the Act, health systems agencies shall use
the procedures and criteria stated below. A health systems agency
may not conduct such reviews until the procedures and criteria to
be used in conducting the reviews have been adopted by the agency
and published in newspapers of general circulation within the
health service area or other public information channels.
procedures
The procedures adopted and utilized by a health systems agency
for conducting reviews of applications for grants under section
1625 of the Act shall include at least the following: 1. Except as
provided below, notification of the beginning of a review within
seven days of the receipt by the health systems agency of the
application. Where the application was received by the health
systems agency prior to publication of this subpart in the Federal
Register, notification must be made within seven days of the date
on which the health systems agency adopts its procedures and
criteria. The notification shall include the proposed schedule for
the review, the period within which a public hearing during the
course of the review may be requested (which must be a reasonable
period from the transmittal of the written notification required
above), and the manner in which notification will be provided of
the time and place of any hearings so requested. Written
notification to members of the public may be provided through
newspapers of general circulation in the area and public
information channels. Notification to the applicant whose
application is being reviewed and all other applicants for
assistance under section 1625 of the Act providing health service
in the health service area shall be by mail (which may be as part
of a newsletter). The health systems agency must simultaneously
notify the Federal funding agency of the beginning of the
review.
2. Schedules for reviews which provide that such reviews shall
not exceed 60 days from the date of notification made in accordance
with paragraph 1 of this section to the date of the written
findings made in accordance with paragraph 4 of this section. This
does not preclude a health systems agency from conducting its
review in less than 60 days.
3. Provision for applicants to submit to the health systems
agency (in such form and manner as the agency shall require) such
information as the agency deems necessary in order to conduct its
review.
4. Written findings which state the basis for the approval or
disapproval of the application by the health systems agency. Such
findings shall be sent to the applicant, the State health planning
and development agency (or agencies), and the Secretary, and shall
be available to other upon request.
5. Access by the general public to all such applications
reviewed by the health systems agency and to all other written
materials pertinent to the agency review.
6. Public hearings in the course of agency review, if requested
by one or more persons directly affected by the review. For
purposes of this paragraph, a “person directly affected by the
review” is as defined in 42 CFR 122.306 (a)(7).
criteria
The specific criteria adopted and utilized by a health systems
of this agency to conduct reviews of applications for grants under
section 1625 of the Act shall include at least the following:
1. The relationship of the health services of the facility to
the applicable health systems plan and annual implementation
plan.
2. The relationship of the health services of the facility to
the long-range development plan (if any) of the applicant.
3. The need that the population served or to be served by the
facility has for the health services of such facility.
4. The availability of alternative, less costly, or more
effective methods of providing the health services which the
facility provides.
5. The relationship of the health services provided by the
facility to the existing health care system of the area.
6. The availability of resources (including health manpower,
management personnel, and funds for capital and operating needs)
for the provision of services by the facility and the availability
of alternative uses of such resources for the provision of other
health services.
7. The special needs and circumstances of those entities which
provide a substantial portion of their services or resources, or
both, to individuals not residing in the health service area in
which the entities are located or in adjacent health service areas.
Such entities may include medical and other health professions
schools, multidisciplinary clinics, and other speciality
centers.
8. The special needs and circumstances of health maintenance
organizations for which assistance may be provided under title
XIII.
9. The costs and methods of the proposed construction or
modernization, including the costs and methods of energy
provision.
10. The probable impact of the project reviewed on the
applicant's costs of providing health services.