2011 Vermont Code
Title 18 Health
Chapter 221 HEALTH CARE ADMINISTRATION
§ 9437 Criteria

§ 9437. Criteria

A certificate of need shall be granted if the applicant demonstrates and the commissioner finds that:

(1) the application is consistent with the health resource allocation plan;

(2) the cost of the project is reasonable, because:

(A) the applicant's financial condition will sustain any financial burden likely to result from completion of the project;

(B) the project will not result in an undue increase in the costs of medical care. In making a finding under this subdivision, the commissioner shall consider and weigh relevant factors, including:

(i) the financial implications of the project on hospitals and other clinical settings, including the impact on their services, expenditures, and charges;

(ii) whether the impact on services, expenditures, and charges is outweighed by the benefit of the project to the public; and

(C) less expensive alternatives do not exist, would be unsatisfactory, or are not feasible or appropriate;

(3) there is an identifiable, existing, or reasonably anticipated need for the proposed project which is appropriate for the applicant to provide;

(4) the project will improve the quality of health care in the state or provide greater access to health care for Vermont's residents, or both;

(5) the project will not have an undue adverse impact on any other existing services provided by the applicant;

(6) the project will serve the public good;

(7) the applicant has adequately considered the availability of affordable, accessible patient transportation services to the facility; and

(8) if the application is for the purchase or lease of new health care information technology, it conforms with the health information technology plan established under section 9351 of this title. (Added 1979, No. 65, { 1; amended 1985, No. 234 (Adj. Sess.), { 5; 1987, No. 96, { 12; 1991, No. 160 (Adj. Sess.), { 27, eff. May 11, 1992; 1993, No. 50, { 4; 1995, No. 180 (Adj. Sess.), §§ 27, 38(a); 1997, No. 159 (Adj. Sess.), { 10, eff. March 15, 1999; 2003, No. 53, { 13, eff. July 1, 2005; No. 53, { 26; 2005, No. 71, { 277a; 2007, No. 70, { 34; 2007, No. 139 (Adj. Sess.), { 8; 2009, No. 61, { 5; 2009, No. 83 (Adj. Sess.), { 3, eff. April 21, 2010.)