CHAPTER
He-Hea 1200 TRANSFER OF OWNERSHIP OF
NONTITLE XVIII AND XIX HEALTH CARE FACILITIES
PART
He-Hea 1201 PURPOSE
He-Hea
1201.01 Purpose.
(a) In accordance with RSA 151-C:5, II(b), any
health care facility shall obtain a certificate of need to transfer more than
50% of its total assets if it is not certified under Title XVIII or Title XIX
of the Social Security Act at the time of transfer of ownership.
(b) Transfers of ownership shall not be undertaken
for the purpose of acquiring any and all assets with the intent of subsequently
selling the certificate of need.
Source. #4111, eff 8-20-86; ss by #5257, eff
10-23-91, EXPIRED: 10-23-97
New. #6656, INTERIM, eff 12-18-97, EXPIRED:
4-17-98
New. #6763, eff 6-2-98, ss by #8633, INTERIM, eff
5-20-06, EXPIRES: 11-16-06; ss by #8707, eff 8-22-06, EXPIRED: 8-22-14
New. #10851, eff 6-20-15
PART
He-Hea 1202 DEFINITIONS
He-Hea
1202.01 Definitions.
(a) “Applicant” means “applicant” as defined in
RSA 151-C:2, II.
(b) “Board” means “board” as defined in RSA
151-C:2, IV.
(c) “Certificate of need (CON)” means
“certificate of need” as defined in RSA 151-C:2, VIII.
(d) “Health care facility” means “health care
facility” as defined in RSA 151-C:2, XV-a.
(e) “Person” means “person” as defined in RSA
151-C:2, XXVIII.
(f) “Title XVIII” means the health insurance
program of the Social Security Act, Medicare, which provides health insurance
benefits primarily to persons over the age of 65 and other persons eligible for
Social Security benefits.
(g) “Title XIX” means the health insurance
program of the Social Security Act, Medicaid, which provides health insurance
benefits to indigent and medically indigent persons. This program is funded on a formula of
federal-state cost sharing, and is administered by the individual states.
(h) “Transfer of ownership” means a change of
ownership interest, in whole or in part, from one person to another by way of
purchase, donation, lease, transfer or comparable arrangement.
Source. #4111, eff 8-20-86; ss by #5257, eff
10-23-91, EXPIRED: 1-23-97
New. #6656, INTERIM, eff 12-18-97, EXPIRED:
4-17-98
New. #6763, eff 6-2-98, ss by #8633, INTERIM, eff
5-20-06, EXPIRES: 11-16-06; ss by #8707, eff 8-22-06, EXPIRED: 8-22-14
New. #10851, eff 6-20-15
PART
He-Hea 1203 STANDARDS OF TRANSFER OF
OWNERSHIP OF NONTITLE XVIII OR XIX HEALTH CARE FACILITIES
He-Hea
1203.01 Application for a Transfer of
Ownership.
(a) Applicants for a transfer of ownership
transaction shall complete, have notarized, and submit Form 301B, “Application for
a Transfer of Ownership of a Health Care Facility”, revised January 2015.
(b) Such applications shall meet the requirements
of He-Hea 206.01 (a) and (e).
Source. #4111, eff 8-20-86; ss by #5257, eff
10-23-91, EXPIRED: 1-23-97
New. #6656, INTERIM, eff 12-18-97, EXPIRED:
4-17-98
New. #6763, eff 6-2-98, ss by #8633, INTERIM, eff
5-20-06, EXPIRES: 11-16-06; ss by #8707, eff 8-22-06, EXPIRED:
8-22-14
New. #10851, eff 6-20-15
PART
He-Hea 1204 APPLICATION PROCEDURES
He-Hea 1204.01 Submission
of Applications. Applications may be
filed at any time.
Source. #4111, eff 8-20-86; ss by #5257, eff 10-23-91,
EXPIRED: 1-23-97
New. #6656, INTERIM, eff 12-18-97, EXPIRED:
4-17-98
New. #6763, eff 6-2-98, ss by #8633, INTERIM, eff
5-20-06, EXPIRES: 11-16-06; ss by #8707, eff 8-22-06, EXPIRED: 8-22-14
New. #10851, eff 6-20-15 (from He-Hea 1204.02)
He-Hea 1204.02 Board Action.
(a) The board shall conduct a hearing to consider
the applications filed under this chapter at its first regularly scheduled
meeting following notification that the application has been received.
(b) If an applicant demonstrates full compliance
with the requirements of He-Hea 1203 for a transfer of ownership, a certificate
of need shall be issued.
(c) Notice of the board’s action shall be given
pursuant to RSA 151-C:9.
Source. #4111, eff 8-20-86; ss by #5257, eff
10-23-91, EXPIRED: 1-23-97
New. #6656, INTERIM, eff 12-18-97, EXPIRED:
4-17-98
New. #6763, eff 6-2-98, ss by #8633, INTERIM, eff
5-20-06, EXPIRES: 11-16-06; ss by #8707, eff 8-22-06, EXPIRED: 8-22-14
New. #10851, eff 6-20-15 (formerly He-Hea 1204.03)
APPENDIX
RULE |
STATUTE |
|
|
He-Hea 1201 |
RSA 151-C:5, II(b) |
He-Hea 1202 |
RSA 151-C:2, RSA
151-C:11, I
|
He-Hea 1203 |
RSA 151-C:5, II(b), RSA 151-C:7, I, II, IV, RSA 151-C:11,
I
|
He-Hea 1204 |
RSA 151-C:9
|