House Bill 1083 Summary

• Increases capital expenditure thresholds for certificate of need review to $5,000,000 for clinical health services and $10,000,000 for nonclinical health services, with amounts indexed to inflation.

• Establishes mandatory timeframes for certificate of need reviews: department staff must recommend approval or disapproval within 45 days of application filing, and the State Health Officer must issue a final order within 60 days unless a hearing is requested.

• Requires independent hearing officers to conduct certificate of need hearings and issue recommendations within 45 days, with the State Health Officer issuing a final order within 60 days of hearing conclusion.

• Revises appeal procedures to distinguish between home health agencies (appeal to Chancery Court with 30-day deadline) and other health care facilities (appeal to Chancery Court with 20-day deadline), with Chancery Courts required to render decisions within 120 days.

• Creates a new determination of reviewability process allowing applicants to request written confirmation from the department on whether a certificate of need is required for proposed expenditures, with a response required within 45 days and a maximum fee of $500.