Delaware Code Title 16 Sec. 9304 – Activities subject to review
(a) Any person must obtain a Certificate of Public Review prior to undertaking any of the following activities:
(1) The construction, development or other establishment of a health-care facility or the acquisition of a nonprofit health-care facility;
(2) Any expenditure by or on behalf of a health-care facility in excess of $5.8 million, or some greater amount which has been designated by the Board following an annual adjustment for inflation using an annual inflation index determined by the United States Department of Labor, Bureau of Labor Statistics, is a capital expenditure. A capital expenditure for purposes of constructing, developing or otherwise establishing a medical office building shall not be subject to review under this chapter. When a person makes an acquisition by or on behalf of a health-care facility under lease or comparable arrangement, or through donation which would have required review if the acquisition had been by purchase, such acquisition shall be deemed a capital expenditure subject to review. The Board may exempt from review capital expenditures when determined to be necessary for maintaining the physical structure of a facility and not related to direct patient care. A notice of intent filed pursuant to § 9305 of this title, along with any other information deemed necessary by the Board, shall provide the basis for exempting such capital expenditures from review;
(3) A change in bed capacity of a health-care facility which increases the total number of beds (or distributes beds among various categories, or relocates such beds from 1 physical facility or site to another) by more than 10 beds or more than 10 percent of total licensed bed capacity, whichever is less, over a 2-year period;
(4) The acquisition of major medical equipment, whether or not by a health-care facility and whether or not the acquisition is through a capital expenditure, an operating expense or a donation. The replacement of major medical equipment with similar equipment shall not be subject to review under this chapter. In the case of major medical equipment acquired by an entity outside of Delaware, the use of that major medical equipment within Delaware, whether or not on a mobile basis, is subject to review under this chapter. Major medical equipment which is acquired for use in a freestanding acute inpatient rehabilitation hospital, as defined in § 9302(4) of this title, a dispensary or first aid station located within a business or industrial establishment maintained solely for the use of employees or in a first aid station, dispensary or infirmary offering services exclusively for use by students and employees of a school or university or by inmates and employees of a prison is not subject to review.
(5) [Expired].
Terms Used In Delaware Code Title 16 Sec. 9304
- Board: shall mean the Delaware Health Resources Board established pursuant to § 9303 of this title. See Delaware Code Title 16 Sec. 9302
- Bureau: shall mean the Bureau of Health Planning and Resources Management within the Department of Health and Social Services. See Delaware Code Title 16 Sec. 9302
- Certificate of Public Review: shall mean the written approval of an application to undertake an activity subject to review as described in § 9304 of this title. See Delaware Code Title 16 Sec. 9302
- Freestanding acute inpatient rehabilitation hospital: shall mean a facility that satisfies, or is expected by the person who will construct, develop or establish the facility to satisfy, the requirements of 42 C. See Delaware Code Title 16 Sec. 9302
- Health-care facility: shall include hospital, nursing home, freestanding birthing center, freestanding surgical center, freestanding acute inpatient rehabilitation hospital, and freestanding emergency center, whether or not licensed or required to be licensed by the State, whether operated for profit or nonprofit and whether privately owned or operated or owned or operated by a unit of State or local government. See Delaware Code Title 16 Sec. 9302
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Major medical equipment: shall mean a single unit of medical equipment or a single system of components with related functions which is used for the diagnosis or treatment of patients and which:
- Person: shall mean an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), a state or political subdivision or instrumentality (including a municipal corporation) of a state. See Delaware Code Title 16 Sec. 9302
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
(b) [Expired].
61 Del. Laws, c. 393, § ?1; 66 Del. Laws, c. 90, § ?1; 68 Del. Laws, c. 29, §§ ?5, 6; 69 Del. Laws, c. 251, § ?1; 70 Del. Laws, c. 446, §§ ?3-5; 72 Del. Laws, c. 64, §§ ?1, 8-11; 75 Del. Laws, c. 192, §§ ?5, 6; 76 Del. Laws, c. 87, § ?1; 79 Del. Laws, c. 50, §§ ?2, 3; 80 Del. Laws, c. 250, § ?1; 80 Del. Laws, c. 250, § ?2;