ACT NO. 139
Health care facilities; regulation; certificate of need
This act makes various technical and substantive amendments to Vermonts certificate of need (CON) laws, pertaining to health facility planning for new health care projects. For example, the act amends the CON criteria to permit the commissioner to measure the financial costs against the public benefit of a proposed project when determining whether the project will result in an undue increase in the costs of medical care. The act also amends the CON procedures to permit, pursuant initially to emergency rules , expeditious processing of CON applications where the health care facility is affected by bankruptcy proceedings and to allow the commissioner to take into consideration any procedural violations when determining whether to approve, deny, or approve with conditions an application. In addition, the enforcement provisions are amended such that the commissioner may, rather than shall, apply sanctions for violations of CON provisions and to clarify that the sanctions are administrative in nature.
Effective Date: July 1, 2008, except for provisions related to emergency rulemaking which take effect upon passage.
The Vermont General Assembly
115 State Street