§ 9443. Expiration of certificates of need

(a) Unless otherwise specified in the certificate of need, a project shall be implemented within five years or the certificate shall be invalid.

(b) Not later than 180 days before the expiration date of a certificate of need, an applicant that has not yet implemented the project approved in the certificate of need may petition the Board for an extension of the implementation period. The Board may grant an extension in its discretion.

(c) Certificates of need shall expire on the date the Board accepts the final implementation report filed in connection with the project implemented pursuant to the certificate.

(d) An action or expenditure that is related to a service or expenditure that was the subject of a certificate of need shall not be considered a material or nonmaterial change to that project if the original certificate of need expired, as provided in this section, at least two years before the action is proposed. The proposed action shall require a certificate of need only if the change itself would be considered a new health care project under section 9434 of this title. (Added 1979, No. 65, § 1; amended 1985, No. 234 (Adj. Sess.), § 9; 1987, No. 96, § 1; 1991, No. 160 (Adj. Sess.), § 35, eff. May 11, 1992; 1995, No. 180 (Adj. Sess.), § 31; 2009, No. 49, § 12; 2011, No. 171 (Adj. Sess.), § 20d, eff. Jan. 1, 2013; 2013, No. 192 (Adj. Sess.), § 25; 2023, No. 6, § 239, eff. July 1, 2023.)