HARRY HUGHES, Governor                                     1509

application must be filed. The Commission shall study

alternative approaches and recommend alternatives that will
streamline the current process, and provide incentives for
management flexibility through the reduction of instances in
which applicants must file for a certificate of need.

(2) THE COMMISSION SHALL CONDUCT THIS STUDY AND
REPORT TO THE GENERAL ASSEMBLY BY OCTOBER 1, 1985.

19-116.1.

A CERTIFICATE OF NEED IS NOT REQUIRED TO DELETE, EXPAND,
DEVELOP, OPERATE, OR PARTICIPATE IN A HEALTH CARE PROJECT FOR
DOMICILIARY CARE.

19-118.1.

(A) THE COMMISSION MAY PETITION THE GOVERNOR OF SUSPEND
REVIEW OF CERTIFICATE OF NEED APPLICATIONS BASED ON ITS FINDING,
AFTER A PUBLIC HEARING, THAT RAPID AND SIGNIFICANT CHANGES IN THE
HEALTH-CARE SYSTEM POSE A THREAT TO THE PUBLIC'S ACCESS TO
QUALITY HEALTH CARE AT A REASONABLE COST AND REQUIRE AN EMERGENCY
CHANGE IN THE STATE HEALTH PLAN OR IN THE CRITERIA AND STANDARDS
CONTAINED IN THE PLAN.

(B) ON PETITION BY THE COMMISSION, THE GOVERNOR MAY DIRECT

THE COMMISSION TO SUSPEND REVIEW OF CERTIFICATE OF NEED

APPLICATIONS, IF THE SUSPENSION IS:

(1) FOR A SPECIFIED TYPE OR CLASS OF HEALTH CARE
PROJECTS;

(2) FOR A SPECIFIED PERIOD OF TIME NOT TO EXCEED 9
MONTHS UNLESS AN EXTENSION IS AUTHORIZED BY JOINT RESOLUTION OF
THE GENERAL ASSEMBLY; AND

(3) IN THE PUBLIC INTEREST.

(C) IT IS THE INTENT OF THIS SECTION TO PROHIBIT THE
COMMISSION FROM PETITIONING THE GOVERNOR FOR, AND FROM THE
GOVERNOR DIRECTING THE IMPOSITION OF, ANY SERIES OF SUSPENSIONS
OR MORATORIA IN SUCH A MANNER AS TO RESULT IN A HEALTH CARE
SYSTEMWIDE SUSPENSION OR MORATORIUM. THE PURPOSE OF THIS SECTION
IS TO LIMIT SUSPENSIONS OR MORATORIA ONLY TO A SPECIFIED TYPE OR
CLASS OF HEALTH CARE PROJECTS AT ANY ONE TIME.

(D) ON OR BEFORE THE EXPIRATION OF ANY SUSPENSION UNDER
THIS SECTION, THE COMMISSION SHALL:

(1) PROPOSE APPROPRIATE REVISIONS IN THE STATE HEALTH
PLAN OR IN THE CRITERIA AND STANDARDS CONTAINED IN THE PLAN; OR

(2) ISSUE WRITTEN FINDINGS AS TO WHY REVISIONS WERE
FOUND TO BE UNNECESSARY.