Compilation of Rules and Regulations of the State of Georgia Department 272 - STATE HEALTH PLANNING AGENCY
Georgia Compilation of Rules and Regulations
Department 274 – Department of Community Health
Certificate of Need (CON) Appeal Panel
1. Purpose and Overview
The Certificate of Need (CON) Appeal Panel operates under the Georgia Department of Community Health (DCH).
The panel handles appeals related to decisions on Certificate of Need applications.
The CON process regulates the establishment, expansion, or modification of certain health care facilities and services to ensure efficient and equitable distribution of health resources.
2. What is a Certificate of Need (CON)?
A Certificate of Need is a legal document required before a health care provider can:
Build new facilities.
Expand existing ones.
Purchase major medical equipment.
Introduce new health care services.
It ensures that health care services are not duplicated unnecessarily, controlling costs and improving access.
3. Role of the CON Appeal Panel
The panel reviews appeals filed by applicants or interested parties dissatisfied with decisions made by the Georgia Department of Community Health regarding CON applications.
It acts as an independent review body to ensure fair and transparent decision-making.
The panel's decisions are typically final administrative determinations subject to judicial review.
4. Composition of the Appeal Panel
The panel is generally composed of appointed members with expertise in health care, law, or public administration.
Members must be impartial and avoid conflicts of interest.
The panel operates under specific procedural rules governing meetings, hearings, and decision-making.
5. Appeal Procedures
Who can appeal: Applicants denied a CON or other affected parties (such as competitors or community groups).
Filing an appeal: Appeals must be filed within a specified time frame after the initial decision (commonly 30 days).
Submission requirements: Appeals usually require a written notice detailing grounds for appeal, supporting documentation, and payment of any fees.
Hearing: The panel conducts hearings where parties may present evidence, call witnesses, and argue their case.
Representation: Parties can be represented by attorneys or other authorized representatives.
6. Grounds for Appeal
Procedural errors in the CON application review process.
Misapplication or misinterpretation of relevant laws or regulations.
New evidence not considered in the initial decision.
Decisions that are arbitrary, capricious, or unsupported by substantial evidence.
7. Decision and Outcomes
After reviewing the appeal, the panel may:
Affirm the original decision.
Modify the decision.
Reverse the decision and grant the CON.
The panel issues a written decision, providing reasons for the outcome.
Decisions are binding unless overturned by a court.
8. Public Participation and Transparency
Hearings are generally open to the public to promote transparency.
Agendas and decisions are published as per state administrative rules.
The panel may accept public comments or input in accordance with procedural guidelines.
9. Compliance and Enforcement
The Georgia Department of Community Health enforces the panel’s decisions.
Health care providers must comply with the terms of any granted CON.
Violations can result in penalties, fines, or revocation of licenses.
Summary Table
| Aspect | Description |
|---|---|
| Purpose | Review appeals on Certificate of Need decisions |
| Panel Composition | Appointed experts in health care and law |
| Who Can Appeal | CON applicants and affected parties |
| Appeal Procedure | Written appeal, hearings, evidence presentation |
| Grounds for Appeal | Procedural errors, legal misinterpretation, new evidence |
| Panel Decisions | Affirm, modify, or reverse original CON decisions |
| Transparency | Public hearings and published decisions |
| Enforcement | DCH enforces decisions, with penalties for violations |
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