SENATE, No. 2347
STATE OF NEW JERSEY
INTRODUCED DECEMBER 15, 1997
By Senator SINAGRA
An Act concerning megavoltage radiation oncology services and supplementing P.L.1971, c.136 (C.26:2H-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Department of Health and Senior Services shall not accept for processing an application for a certificate of need for a new megavoltage radiation oncology program which seeks a waiver of certain certificate of need requirements in accordance with regulations adopted by the Commissioner of Health and Senior Services as set forth at N.J.A.C.8:33I-1.4(d), unless the application:
(1) contains a request to review the certificate of need application to determine whether it meets the requirements for a waiver pursuant to N.J.A.C.8:33I-1.4(d);
(2) meets the requirements for a waiver pursuant to N.J.A.C.8:33I-1.4(d); and
(3) is otherwise complete for processing.
b. Notwithstanding the provisions of subsection a. of this section to the contrary, an application for a certificate of need for a new megavoltage radiation oncology program which responded to certificate of need calls preceding an invitation for certificate of need applications to be submitted prior to November 5, 1997, and which meets the requirements for a waiver pursuant to N.J.A.C.8:33I-1.4(d) and is otherwise complete for processing, shall be accepted for processing by the department and shall be reviewed by the local advisory board, the State Health Planning Board and the commissioner in accordance with statutory requirements.
2. The Commissioner of Health and Senior Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.
3. This act shall take effect immediately.
STATEMENT
The purpose of this bill is to clarify the certificate of need (CN) requirements for health care providers who wish to initiate new megavoltage radiation oncology programs pursuant to the waiver provisions of N.J.A.C.8:33I-1.4(d). Current law and regulations governing CN applications for such programs do not specify whether a health care provider filing such a CN application under these waiver provisions is required to specifically request a waiver in its CN application, or whether the CN application would be accepted for processing under the waiver provisions as long as the requirements for a waiver, as provided in N.J.A.C.8:33I-1.4(d), are satisfied by appropriate documentation in the CN application.
This ambiguity has adversely affected health care providers who have filed CN applications for new megavoltage radiation oncology programs, and whose applications have been returned by the Commissioner of Health and Senior Services as unacceptable for processing because their application did not specifically request a review under the waiver provisions of N.J.A.C.8:33I-1.4(d), even though the application contained specific and quantifiable evidence of satisfying those waiver provisions.
This bill provides that a health care provider who hereafter files a CN application for a new megavoltage radiation oncology program must specifically request a review under the waiver provisions of N.J.A.C.8:33I-1.4(d) to be eligible for a waiver; however, the bill also protects those providers who have submitted CN applications without the benefit of this clarifying legislation. To that end, the bill stipulates that CN applications for new megavoltage radiation oncology programs which (a) are submitted in response to CN calls preceding the commissioner's invitation for applications due by November 5, 1997, (b) satisfy the waiver provisions of N.J.A.C.8:33I-1.4(d), and (c) are otherwise complete for processing, shall be accepted for processing under applicable CN rules, whether or not a specific request for consideration under the waiver provisions of N.J.A.C.8:33I-1.4(d) was included in the CN application. The bill specifies the November 5, 1997 date because the commissioner's invitation for CN applications for new megavoltage radiation oncology programs of August 4, 1997, which were to be submitted by November 5, expressly stated that these applications would be accepted under the waiver provisions of N.J.A.C.8:33I-1.4(d), thereby eliminating any question as to the scope of review of the applications.
Requires Department of Health and Senior Services to process certain certificate of need applications for new megavoltage radiation oncology programs.