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Overview of North Carolina Certificate of Need Law Prepared by Research Division Staff North Carolina State Health Coordinating Council North Carolina State Health Coordinating Council Establishment and Membership: Originally


  1. Overview of North Carolina Certificate of Need Law Prepared by Research Division Staff

  2. North Carolina State Health Coordinating Council

  3. North Carolina State Health Coordinating Council  Establishment and Membership:  Originally established by Executive Order No. XIX signed by Gov. Holshouser on June 1, 1976.  Directs the development of the annual State Medical Facilities Plan, which prescribes the policies and methodologies used in determining need for new health care facilities and services in North Carolina. G.S. 131E- 177.

  4. Establishment and Membership continued: Current Council created by Executive Order No. 139 by Gov. Mike Easley on March 3, 2008. Provides for 29 members appointed by the Governor:  1 member from the academic medical centers  1 member from the area health education centers  2 members from business and industry (at least one individual representing small business and one representing large business)  1 member from the health insurance industry  1 member from the N.C. Association of County Commissioners  1 member from the N.C. Health Care Facilities Association  1 member from the N.C. Hospital Association  1 member from the N.C. Association for Home Care  1 member from the N.C. Association of Long-Term Care Facilities  1 member from the N.C. Association of Local Health Directors  1 member from the N.C. Medical Society  1 member from the N.C. House of Representatives  1 member from the N.C. Senate  1 member from the U.S. Department of Veterans Affairs (non-voting)  14 at-large members to represent other health professional associations and to ensure regional representation

  5. Current SHCC Members Member Representing From William Wainwright, Chairman N.C. House of Representative Havelock Donald Beaver Health Care Facilities Association Hickory Bill Bedsole At-Large Washington Greg Beier At-Large Winston-Salem Don Bradley, MD Health Insurance Industry Durham Richard Bruch, MD N.C. Medical Society Durham Vacant At-Large Dennis Clements, III, MD Academic Medical Centers Durham Johnnie Farmer County Commissioners Association Aulander Anthony Foriest N.C. Senate Graham Sandra Greene, DrPH At-Large Chapel Hill Ted Griffin Business and Industry Durham Harold Hart Business and Industry Siler City Laurence Hinsdale At-Large Concord Daniel Hoffman Department of Veterans Affairs Durham John Holt, Jr., MD At-Large Raleigh Eric Janis, MD At-Large Smithfield Brenda Latham-Sadler, MD At-Large Winston-Salem Leslie Marshall, MD At-Large Raleigh Frances Mauney At-Large Durham Zach Miller Long-Term Care Facilities Association Wilmington Jerry Parks Association of Local Health Directors Edenton Prashant Patel, MD At-Large Cary Thomas Pulliam, MD At-Large Winston-Salem Pam Tidwell Home Care Association Asheville Deborah Teasley, PhD Area Health Education Centers Fayetteville Christopher Ullrich, MD At-Large Charlotte Zane Walsh, MD At-Large Fayetteville John Young N.C. Hospital Association Kings Mountain Next meeting September 28, 2011, on the Dorothea Dix Campus at the Brown Building, Conference  Room 104, beginning at 10:00 a.m.

  6. North Carolina State Health Coordinating Council  Members serve 3-year staggered terms so that the terms of approximately 1/3 of the members expire in a single calendar year.  Chair and Vice-Chair appointed by Governor for 2- year terms.

  7. State Medical Facilities Plan

  8. State Medical Facilities Plan  What is it?  An annual document containing policies and methodologies used in determining need for new health care facilities and services in North Carolina.  Developed by the North Carolina Department of Health and Human Services, Division of Health Services Regulation, under the direction of the North Carolina State Health Coordinating Council.  Must be approved by the Governor.  Each Plan takes effect on January 1 st and expires on December 31 st .

  9. State Medical Facilities Plan  What is it?  The purpose of the Plan is to make an overall needs assessment.  Major objective is to provide individuals, institutions, state and local government agencies, and community leadership with policies and projections of need to guide local planning for specific health care facilities and services.

  10. State Medical Facilities Plan  What's in it? 10A NCAC 14C .0103 STATE MEDICAL FACILITIES PLAN (a) The North Carolina State Medical Facilities Plan contains the following information: (1) inventory of certain categories of inpatient and outpatient health care facilities, including number of beds and utilization of beds; (2) type of services provided by each category of health care facility; (3) projections of need for acute care hospitals (including rehabilitation services), long-term care facilities (including nursing homes, home health agencies, and hospice inpatient facilities), mental health facilities and end stage renal dialysis services for various geographical areas of the state; (4) statement of policies related to acute care facilities, rehabilitation services, long- term care, psychiatric facilities, chemical dependency facilities, and facilities for intermediate care for the mentally retarded, which are used with other criteria contained in this Subchapter and in G.S. 131E-183 and need projections to determine whether applications proposing additional beds and services of these types may be approved under the certificate of need program; and (5) the certificate of need review schedule and description of review categories.

  11. State Medical Facilities Plan  What is it?  Determination of need is based primarily on population growth and demographics.  The projections of need for the various facilities and services are used in conjunction with other statutes and rules in reviewing certificate of need applications for establishment, expansion, or conversion of health care facilities and services.

  12. State Medical Facilities Plan  What is it?  Projections of need are provided for the following types of facilities:  acute care hospitals  operating rooms  inpatient rehabilitation facilities  technology services  nursing care facilities  adult care home beds  Medicare-certified home health agencies  end-stage renal disease dialysis facilities  hospice home care and hospice inpatient beds  psychiatric hospital units and specialty hospitals  substance abuse hospital units, specialty hospitals, and residential facilities  intermediate care facilities for mentally retarded persons

  13. State Medical Facilities Plan  Basic Principles Governing Plan Development  The Department of Health and Human Services is designated under G.S. 131E-177 as the State Health Planning and Development Agency for the State of North Carolina.

  14. State Medical Facilities Plan  Import 131E-177 GARDS

  15. State Medical Facilities Plan  Approved 2011 Plan  Promote cost-effective approaches  Expand health care services to the medically underserved  Encourage quality health care services  Proposed 2012 Plan  Safety and Quality Basic Principle  Access Basic Principle  Value Basic Principle

  16. State Medical Facilities Plan  What is it?  Methodologies are driven by utilization and demographics.  As utilization changes, and as the population grows and ages, methodologies may change.  Consideration is given to county needs as well as the prevention of unnecessary duplication of health resources in an area.

  17. State Medical Facilities Plan  What is it?  Import 131E-183 from GARDS

  18. State Medical Facilities Plan It should be noted that the State Plan does not necessarily cover all services and equipment regulated under Certificate of Need.

  19. State Medical Facilities Plan Although DHHS is involved in making determinations of need for services and facilities in the Plan, DHHS does not necessarily participate in the reimbursement of the cost of care of patients using services and facilities developed in response to this need.

  20. State Medical Facilities Plan  "Need Determinations" and, where appropriate, "Certificate of Need Application Due Dates" are listed in each service area chapter.  Includes background information on the North Carolina State Health Coordinating Council and on the annual planning cycle, and contains general policies related to implementing the planning cycle.  Chapters dealing with specific facility/service categories contain summaries of the supply and the utilization of each type of facility or service, a description of changes in the projection method and policies from the previous planning year, a description of the projection method, and other data relevant to the projections of need.

  21. State Health Planning Process

  22. State Health Planning Process  Throughout the development of the North Carolina State Medical Facilities Plan there are opportunities for public review and comment.  The process starts in the spring. A general public hearing is held to discuss methodologies as to how to project need determinations.

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