(a) The attorney general shall conduct its review of the application in accordance with the standards enumerated in section 323D-76. Within ninety days after receipt of an application, the attorney general shall review and approve or disapprove the acquisition.
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Terms Used In Hawaii Revised Statutes 323D-75

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means any person who applies for a certificate of need under part V. See Hawaii Revised Statutes 323D-2
  • Certificate of need: means an authorization, when required pursuant to § 323D-43, to construct, expand, alter, or convert a health care facility or to initiate, expand, develop, or modify a health care service. See Hawaii Revised Statutes 323D-2
  • Health: includes physical and mental health. See Hawaii Revised Statutes 323D-2
  • Person: means an individual or a natural person, a trust or estate, a society, a firm, an assembly, a partnership, a corporation, a professional corporation, an association, the State, any political subdivision of the State, a county, a state agency or any instrumentality of the State, a county agency or any instrumentality of a county. See Hawaii Revised Statutes 323D-2
(b) If the attorney general does not act within ninety days after receipt of an application, the application shall be deemed approved. If the attorney general approves or disapproves the acquisition, the applicant, or any person who has submitted comments and has a legal interest in the hospital being acquired or in another hospital that has contracted with the acquired hospital for the provision of essential health services, may bring an action for declaratory judgment for a determination that the acquisition is or is not in the public interest under the criteria set forth in section 323D-76.
(c) The agency shall review the completed application in accordance with the standards enumerated in section 323D-77. Within ninety days after receipt of a completed application, the agency shall:

(1) Approve the acquisition, with or without any specific modifications; or
(2) Disapprove the acquisition.

The agency shall not make its decision subject to any condition not directly related to criteria enumerated in section 323D-77, and any condition or modification shall bear a direct and rational relationship to the application under review.

(d) Any affected person may appeal a final decision by the agency to the reconsideration committee created under § 323D-47 under procedures substantially similar to those for appeals of health care certificate of need decisions. The reconsideration committee shall have the same powers and duties with respect to appeals under this part as exist for appeals to the reconsideration committee regarding issuance of certificates of need. The findings, conclusions, and decisions of the reconsideration committee shall constitute the determination of the agency. The agency, the applicant, or any affected person who has intervened in the matter before the reconsideration committee may seek judicial review of any agency determination.
(e) If both the agency and the attorney general review the application, it shall not be granted unless it is approved by both.

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