Iowa Code 10A.716 – Procedure upon receipt of application — public notification
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1. Within fifteen business days after receipt of an application for a certificate of need, the department shall examine the application for form and completeness and accept or reject it. An application shall be rejected only if it fails to provide all information required by the department pursuant to section 10A.713, subsection 1. The department shall promptly return to the applicant any rejected application, with an explanation of the reasons for its rejection.
Terms Used In Iowa Code 10A.716
- Affected persons: means , with respect to an application for a certificate of need:a. See Iowa Code 10A.711
- Applicant: means a person authorized to regularly lend moneys to be secured by a mortgage on real property in this state, a licensed real estate broker, a licensed attorney, a participating abstractor, or a licensed closing agent. See Iowa Code 16.92
- Council: means the state health facilities council established by this part. See Iowa Code 10A.711
- Department: means the department of inspections, appeals, and licensing. See Iowa Code 10A.101
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Health services: means clinically related diagnostic, curative, or rehabilitative services, and includes substance use disorder and mental health services. See Iowa Code 10A.711
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. Upon acceptance of an application for a certificate of need, the department shall promptly undertake to notify all affected persons in writing that formal review of the application has been initiated. Notification to those affected persons who are consumers or third-party payers or other payers for health services may be provided by distribution of the pertinent information to the news media.3. Each application accepted by the department shall be formally reviewed for the purpose of furnishing to the council the information necessary to enable it to determine whether or not to grant the certificate of need. A formal review shall consist at a minimum of the following steps:a. Evaluation of the application against the criteria specified in section 10A.714.b. A public hearing on the application, to be held prior to completion of the evaluation required by paragraph “a”, shall be conducted by the council.4. When a hearing is to be held pursuant to subsection 3, paragraph “b”, the department shall give at least ten days’ notice of the time and place of the hearing. At the hearing, any affected person or that person’s designated representative shall have the opportunity to present testimony.