Compilation of Rules and Regulations of the State of Georgia Department 274 - DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF NEED APPEAL PANEL
Georgia Rules & Regulations – Department 274
Department of Community Health – Certificate of Need (CON) Appeal Panel
🔹 Purpose of Department 274
Department 274 governs the procedures and operations of the Certificate of Need (CON) Appeal Panel under the Georgia Department of Community Health (DCH).
It provides a framework for appealing decisions made regarding Certificate of Need applications.
The CON process regulates the establishment, expansion, or modification of healthcare facilities and services in Georgia to avoid unnecessary duplication and ensure cost-effectiveness.
🔹 What is a Certificate of Need (CON)?
A Certificate of Need is a regulatory approval that healthcare providers must obtain before:
Building new healthcare facilities.
Expanding existing facilities.
Offering new services (e.g., cardiac care, radiology).
Purchasing major medical equipment (e.g., MRI machines).
The goal is to:
Control healthcare costs.
Prevent duplication of services.
Ensure healthcare availability is based on community need.
🔹 Function of the CON Appeal Panel
The CON Appeal Panel:
Hears and decides contested cases involving the denial or approval of CON applications.
Acts independently of the Department of Community Health in conducting hearings.
Operates like an administrative court with authority to affirm, reverse, or modify CON decisions.
🔹 Key Rules Under Department 274
While the exact text may vary, Department 274 generally includes provisions related to:
1. Filing an Appeal
A party affected by a CON decision (applicant, competing provider, or other aggrieved party) may file a notice of appeal within a specific time limit (often 30 days) from the decision date.
The appeal must include:
Identification of the party.
The decision being appealed.
Grounds for the appeal.
Requested relief.
2. Hearing Procedures
The appeal is handled as a contested case, similar to a court trial but under administrative law procedures.
The panel may appoint a hearing officer or administrative law judge to conduct the hearing.
Hearings involve:
Submission of written and oral arguments.
Presentation of evidence and witnesses.
Cross-examination of opposing parties.
3. Parties to the Appeal
Common parties include:
The original CON applicant.
Competing healthcare providers.
The Georgia Department of Community Health, whose decision is being challenged.
4. Decisions and Orders
The Appeal Panel issues a written decision based on:
The hearing record.
Legal standards.
Public health and planning policies.
The decision may:
Affirm the original CON approval or denial.
Reverse the decision.
Modify the scope or conditions of the CON.
5. Judicial Review
A party dissatisfied with the panel’s decision may seek judicial review in a superior court of Georgia.
The appeal must be filed within a statutory time frame, typically under Georgia’s Administrative Procedure Act.
6. Ethics and Conflicts of Interest
Panel members must avoid conflicts of interest.
Disclosure of relationships with healthcare providers or parties involved in the case is required.
🔹 Importance of Department 274
Ensures that healthcare infrastructure decisions are fair, transparent, and accountable.
Provides a legal recourse for providers who believe they have been treated unfairly in the CON process.
Helps maintain balance and integrity in the allocation of healthcare services in Georgia.
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