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